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Agenda Council Agenda 020515
CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 5, 2015 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. APPROVE MINUTES FROM JANUARY 8, 2015 CITY COUNCIL MEETING. b. RESOLUTION 3, 2015 - LEASE OF FIRE RESCUE VEHICLE – BRAUN CUSTOM AMBULANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE TAX EXEMPT LEASE PURCHASE/BUY-OUT OPTION OF ONE (1) CUSTOM AMBULANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SAID LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. RESOLUTION 4, 2015 - LEASE OF FIRE RESCUE VEHICLE – PIERCE AERIAL LADDER TRUCK. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE LEASE PURCHASE OF ONE (1) PIERCE CUSTOM VELOCITY 100’ AERIAL PLATFORM TRUCK FROM TEN-8 FIRE EQUIPMENT, INC., AN AUTHORIZED DEALER FOR FIRE ENGINES IN THE STATE OF FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy d. RESOLUTION 6, 2015 - PARCEL 31.04 PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PLAT FOR PARCEL 31.04 / CIMARRON COVE PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. RESOLUTION 10, 2015 – SETTING JULY AND AUGUST CITY COUNCIL MEETING DATES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST, 2015; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. PROCLAMATION – NATIONAL ENGINEERS WEEK. IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. ORDINANCE 1, 2015 – (1ST READING) REGULATIONS RELATED TO HUMAN SIGNAGE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SECTION 78-290. TEMPORARY SIGNS ALLOWED. AND READOPTING SAME, AS REVISED, IN ORDER TO ADOPT REGULATIONS RELATING TO “HUMAN SIGNS”; FURTHER AMENDING CHAPTER 78 AT SECTION 78-751. DEFINITIONS. BY ADOPTING THE DEFINITION OF “HUMAN SIGNS”; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ORDINANCE 3, 2015 – (1ST READING) GAS STATION SIGNAGE IN THE CITY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-285. PERMITTED SIGNS. TABLE 24. PERMANENT SIGNS, BY AMENDING “GASOLINE PRICE SIGN” AND “GROUND SIGN” TYPES IN ORDER TO ADD ADDITIONAL REQUIREMENTS RELATED TO GASOLINE PRICE SIGNAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. RESOLUTION 2, 2015 - NATIVITY LUTHERAN CHURCH. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MISCELLANEOUS PETITION FOR THE NATIVITY LUTHERAN CHURCH AND SCHOOL, LOCATED AT THE NORTHWEST CORNER OF HOLLY DRIVE AND PLANT DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO APPROVE A TWO- (2) YEAR TIME EXTENSION FOR TWO (2) EXISTING TEMPORARY MODULAR STRUCTURES; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. *RESOLUTION 7, 2015 – REPLACE THE EXISTING CITY OF PALM BEACH GARDENS FIRE STATION NO. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN AND MAJOR CONDITIONAL USE TO REPLACE THE EXISTING FIRE RESCUE STATION NUMBER 2, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. *RESOLUTION 8, 2015 – AMEND THE CENTRAL GARDENS PCD MASTER PLAN. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PLANNED COMMUNITY DEVELOPMENT (PCD) MASTER PLAN FOR THE CENTRAL GARDENS PCD LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD AND CENTRAL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING MINOR ADJUSTMENTS TO THE PRESERVE, THE DESIGN GUIDELINES, AND PCD LANDSCAPE BUFFERS, AND CONVERT 57,500 SQUARE FEET OF RETAIL SPACE AND 40,784 SQUARE FEET OF GENERAL OFFICE TO ACCOMMODATE A 140-BED ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PCD; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. *RESOLUTION 9, 2015 - ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PCD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN AND MAJOR CONDITIONAL USE APPLICATION FOR A 140-BED ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) LOCATED ON THE WEST SIDE OF CENTRAL BOULEVARD, SOUTH OF THE INTERSECTION OF HOOD ROAD AND CENTRAL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cos t. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 01-08-15 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 January 8, 2015 4 5 The regular meeting was called to order at 7:01 p.m. by Mayor Premuroso. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Premuroso, Vice Mayor Jablin, Council Member Russo, Council Member 9 Tinsley, Council Member Levy. 10 ABSENT: None. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 None. 13 IV. ANNOUNCEMENTS AND PRESENTATIONS 14 a. FLORIDA FIRST RESPONDER APPRECIATION WEEK. 15 b. HONDA CLASSIC ECONOMIC IMPACT PRESENTATION. 16 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 17 Council Member David Levy: Attended the Police Department Accreditation Hearing; C-51 18 Governance and Finance Board Meeting; Hank Fishkind Economic Update at PGA National 19 hosted by the PGA Corridor Association; Welcomed the Honda Classic. 20 Council Member Marcie Tinsley: Thanked the Honda Classic for being a wonderful City 21 partner by supporting the City; Attended the League of Cities Tri County BBQ in Belle Glade; 22 Palm Beach Gardens Senior Luncheon and thanked staff for a wonderful job; Carolers by Betty 23 Sither at Burns Road Community Center; Celebrated the second day of Hanukah by lighting the 24 Menorah at the Burns Road Community Center; Hank Fishkind Economic Update at PGA 25 National hosted by the PGA Corridor Association; Wished everyone a Happy New Year. 26 Council Member Joseph Russo: Wished everyone a Happy New Year; Listened in on the 27 Police Department Accreditation Hearing; Announced Barbara Nicklaus will be the recipient of 28 the Bob Jones Award which is the United States Golf Association highest honor; Thanked staff 29 and residents that donated and wrapped gifts for the Police Department Joy Drive. 30 Vice Mayor Eric Jablin: Thanked Ed McEnroe for his work with the Honda Classic; wished 31 everyone a Happy New Year; Thanked everyone for attending the Hanukah Menorah Lighting. 32 Mayor Robert Premuroso: Wished everyone a Happy New Year; Thanked Ed McEnroe for his 33 work with the Honda Classic and what the golf tournament does for Palm Beach Gardens and 34 Palm Beach County; Attended the Discovery Village Assisted Living Facility Groundbreaking 35 Ceremony; Attended the Allamanda Elementary School Health and Wellness running track 36 Ribbon Cutting Ceremony. 37 VI. CITY MANAGER REPORT 38 Presented a letter from All Aboard Florida in response to the City’s inquiries regarding the 39 project; Announced construction is underway for the Mirasol Park Playground and FIT PARK; 40 Provided a brief presentation on the status of the installation of turf draining in City parks; 41 Announced 280 Holly Drive is now in compliance after the house fire in 2013; Palm Beach 42 Gardens Women’s Club will be sponsoring a tree planting on Friday, January 16, 2015 in honor 43 of Arbor Day, students from Howell Watkins Middle School will be assisting with planting a 44 Blue Potatoe Tree for the event; On January 16-17, 2015 at 7:00 p.m. the City and Palm Beach 45 Shakespeare Festival will be presenting “A Midsummer Night’s Dream” at Veteran’s Plaza; 46 Florida Department of Transportation will hold a Public Kick-off meeting on Thursday, January 47 29, 2015 from 5:30 p.m. to 7:30 p.m. regarding the Project Development and Environment Phase 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 01-08-15 2 Study of I-95 at PGA Boulevard and Central Boulevard. Asked City Council for directions 1 regarding the Charter Review Committee. 2 VII. COMMENTS FROM THE PUBLIC 3 Lynn Kausner, 4854 St. James Drive, Palm Beach Gardens; Kevin Easton, 8511 40th Terrace 4 N., Palm Beach Gardens; Maria Marino, 906 Windermere Way, Palm Beach Gardens; Mary 5 Seagrape, Palm Beach Gardens; Talitha Hazelton, 1477 NW 48th Lane, Boca Raton. 6 VIII. CONSENT AGENDA 7 a. APPROVE MINUTES FROM DECEMBER 4, 2014 CITY COUNCIL MEETING. 8 c. RESOLUTION 5, 2015 - ALTON NEIGHBORHOOD 1 PLAT. A RESOLUTION OF THE 9 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING 10 THE ALTON NEIGHBORHOOD 1 PLAT; PROVIDING AN EFFECTIVE DATE; AND 11 FOR OTHER PURPOSES. 12 d. PURCHASE AWARD - BUNKER GEAR FOR FIRE RESCUE DEPARTMENT. 13 e. PURCHASE AWARD - MISCELLANEOUS PUBLIC WORKS PROJECTS. 14 EXHIBIT A – PROPOSAL 15 EXHIBIT B - SUBMITTALS 16 f. PURCHASE AWARD - FY2015 MOTOR VEHICLES. 17 EXHIBIT A – FLORIDA SHERIFFS ASSOCIATION CONTRACT 18 g. PROCLAMATION – ARBOR DAY. 19 Vice Mayor Jablin made a motion for approval of the Consent Agenda without item B. 20 Council Member Levy seconded. 21 Motion passed 5-0. 22 Council Member Russo recused himself and filled out form 8B. 23 The City Clerk read Resolution 1, 2015 by title. 24 b. RESOLUTION 1, 2015 - AGREEMENT WITH THE CHILDREN’S HEALTHCARE 25 CHARITY, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 26 BEACH GARDENS, FLORIDA AWARDING A PUBLIC SAFETY GRANT FOR OFF-DUTY 27 POLICE AND FIRE PERSONNEL TO THE CHILDREN’S HEALTHCARE CHARITY, INC. 28 FOR THE 2015 HONDA CLASSIC PGA GOLF TOURNAMENT AND TO APPROVE A 29 LEASE AGREEMENT FOR THE USE OF SPECIFIC PORTIONS OF MIRASOL AND PGA 30 NATIONAL PARKS FOR VARIOUS PARKING FACILITIES AND GENERAL 31 OPERATIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 32 Vice Mayor Jablin made a motion to approve Resolution 1, 2015. 33 Council Member Tinsley seconded. 34 Motion passed 4-0. 35 Council Member Russo returned to the dias. 36 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 37 The City Clerk read Ordinance 14, 2014 by title. 38 a. ORDINANCE 14, 2014 – (2nd READING AND ADOPTION) BUDGET AMENDMENT 39 FOR FISCAL YEAR 2014. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 40 PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH 41 GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND 42 ENDING SEPTEMBER 30, 2014, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A 43 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 44 DATE; AND FOR OTHER PURPOSES. 45 Mayor Premuroso opened the Public Hearing. 46 Petitioner: None. 47 Staff Presentation: None. No changes since first reading. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 01-08-15 Public Comment: None. 1 Mayor Premuroso closed the Public Hearing. 2 Vice Mayor Jablin made a motion to approve Ordinance 14, 2014 on second reading and 3 adoption. 4 Council Member Tinsley seconded. 5 Motion passed 5-0. 6 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 7 None. 8 XII. CITY ATTORNEY REPORT 9 None. 10 (The remainder of this page intentionally left blank.) 11 12 13 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 01-08-15 XIII. ADJOURNMENT 1 Council Member Levy made a motion to adjourn. 2 Vice Mayor Jablin seconded. 3 Motion passed 5-0. 4 The meeting adjourned at 8:30 p.m. 5 6 The next regularly scheduled City Council meeting will be held February 5, 2015. 7 8 APPROVED: 9 10 11 12 Robert G. Premuroso, Mayor 13 14 15 16 Eric Jablin, Vice Mayor 17 18 19 20 Joseph R. Russo, Council Member 21 22 23 24 Marcie Tinsley, Council Member 25 26 27 28 David Levy, Council Member 29 30 31 32 33 34 35 ATTEST: 36 37 38 39 40 Patricia Snider, CMC 41 City Clerk 42 43 44 45 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 46 meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk. 47 All referenced attachments are on file in the Office of the City Clerk. 48 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5, 2015 Reso lution 3, 201 5 Subject/Agenda Item: Lease of One (1) Rescue Unit from Ten-8 Equi pment, Inc. and f inanced through Oshkosh Cap ital. [X] Recommendation to APPROVE Recommendation to DENY Reviewed b y: Originating Dept.: Fire Resc ue ~. a-1/ 7 IJti' Dav id DeRha De puty Chief, Ad min . Advertised: NA Date: Paper: [ x] Not Re quired Submitted by: Department Di rector Affected parties Cost : $319,609.68 (Total) $ N/A Current FY Funding Source: [x] Operating [ ] Other --------------------------- Contract/ Agreement: Effective Date: Expiration Date: Budget Acct.#: 001 .1230.522.6410 Council Action: ] Approved ] Approved w/ Condition s ] Denied ] Continued to: Attachments: • Resolu tion 3, 2015 -Exhibit "A": -Proposal and Specifications -Exhibit "8 ": -Turn-In Lease Proposal -Exhibit "C": -Lease Agreements Meeting Date: February 5, 2015 Resolution 3, 2015 Page 2 of2 BACKGROUND: The Fire Rescue Department currently maintains a fleet of seven (7) rescue units for emergency response purposes, with one (1) rescue unit assigned to each fire station and two (2) reserve units for use at special events and as backup for the frontline vehicles. Over the past year, the 2007 Reserve Rescue unit has required numerous repairs and is more costly to maintain. The City desires to execute a lease purchase for one (1) 2014 Braun Super Chief Type 1 Medium Duty Rescue Unit to replace the unit that will be traded in for the new rescue unit with the trade-in value of $19,000 being applied to the lease purchase price pursuant to the Lease Proposal. STAFF RECOMMENDATION: Staff recommends approval of Resolution 3, 2015 as presented . 1 RESOLUTION 3, 2015 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE TAX EXEMPT 6 LEASE PURCHASE/BUY -OUT OPTION OF ONE (1) CUSTOM 7 AMBULANCE AND AUTHORIZING THE CITY MANAGER TO 8 EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SAID 9 LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE 10 DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, the City of Palm Beach Gardens Fire Rescue Department is solely 14 responsible for the delivery of all Fire Rescue services throughout the City ; and 15 16 WHEREAS, the Fire Rescue Department currently maintains a fleet of seven (7) 17 rescue units for emergency response purposes , with one (1) rescue unit assigned to 18 each fire station and two (2) reserve units for use at special events and as backup for 19 the frontline vehicles ; and 20 21 WHEREAS, one (1) ambulance unit has logged high mileage due to its age , 22 thereby exceeding the scheduled replacement cycle and resulting in increased 23 maintenance costs; and 24 25 WHEREAS, the City desires to execute a lease purchase for one (1 ) 2014 Braun 26 Super Chief Type 1 Medium Duty Rescue Unit, as described in Exhibit "A," attached 27 hereto, to replace the unit that will be traded in for the new rescue unit with the trade-in 28 value of $19,000 being applied to the lease purchase price pursuant to the Lease 29 Proposal, which is attached hereto as Exhibit "B"; and 30 31 WHEREAS, the Lease Purchase Agreement would require six (6) annual lease 32 payments of $53,268.28, with an "end-of-lease" purchase option ; and 33 34 WHEREAS, the City Council deems approval of this Resolution to be in the best 35 interest of the health, safety , and welfare of the residents and citizens of the City of 36 Palm Beach Gardens and the public at large. 37 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 40 OF PALM BEACH GARDENS, FLORIDA that: 41 42 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 43 44 45 46 Page 1 of 3 Resolution 3, 2015 1 SECTION 2. The City Council hereby approves the lease purchase of one (1) 2 2014 Braun Super Chief Type 1 Medium Duty Rescue Unit from Ten-8 Fire Equipment, 3 Inc. and financed through Oshkosh Capital for an amount not-to-exceed $319,609.68, 4 and authorizes the City Manager to act on behalf of the City of Palm Beach Gardens in 5 order to negotiate, enter into, execute, and deliver one or more Lease Agreements in 6 substantially the form set forth in Exhibit "C", attached hereto, which is presently before 7 the City Council. The City Manager, acting on behalf of the City of Palm Beach 8 Gardens, is hereby specifically authorized to negotiate, enter into, execute, and deliver 9 such other documents relating to the Lease Agreement as the City Manager deems 1 0 necessary and appropriate to effectuate such agreement. 11 12 SECTION 3. This Resolution shall become effective immediately upon adoption. 13 14 15 (The remainder of this page intentionally left blank) 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 3, 2015 PASSED AND ADOPTED this __ day of ________ , 2015. CITY OF PALM BEACH GARDENS, FLORIDA BY: ------------------Robert G. Premuroso, Mayor ATTEST: BY: -------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY G:\attorney_share\RESOLUTIONS\2015\Resolution 3 2015 -Lease of Fire Rescue Vehicle (Braun Custom Ambulance).docx Page 3 of 3 Resolution 3, 2015 EXHIBIT "A" IN SERVICE TO SERVE YOU Thursday, November 6th, 2014 Palm Beach Gardens Fire Rescue James Ippolito, EMS Division Chief 10500 N. Military Trail Palm Beach Gardens, FL 33410 Ref: Braun Super Chief Type I Medium Duty Ambulance on a 20161nternational4300 Chassis with Cummins Engine. Thank you for considering Ten-8 Fire Equipment and Braun Industries, Inc. as your next rescue provider. We are pleased to provide the following proposal. PROPOSAL: • One (1) 2014 Braun Super Chief Type I Medium Duty Ambulance built on a 2016 Internati onal 4300 Chassis with Cummins Engine , a 170-inch exterior module-length. See attached specifications and drawings. • Delivery 190 days After Receipt of Chassis Purchase off Florida Sheriffs Contract 11-10-1202-Specification #2 FSA Contract Price with Options: Stryker Power-Pro Cot/Firecom/Brackets Stryker Powerload Installed by Braun Trade (1) 2008 Medtec Ambulance Total: $ 269,112.00 $ 18,023.00 $ 21,966.00 $ -19,000.00 $ 290,101.00 VEHICLE COMPLETION : 190 days from receipt of chassis TERMS: U.S. Currency Due Upon Delivery FOB: Bradenton, FL SUMMATION: Braun Industries, Inc. has been owned and operated by the founding family for the past Forty-Two years and is still recognized as the world quality leader. At Braun, there are no short cuts or compromises in quality. By investing in a Braun Ambulance, you will see savings in operation, downtime, and maintenance. Should you have any questions, comments, or other requests, please contact me. Respectfully, Shawn Hunter Ambulance Sales Ten-8 Fire Equipment (941) 536-8172 shunter@ten8fire.com DIMENSIONS FOR OVERALL HEIGHT AND LENGTH ARE APPROXIMATE ESTIMATED OVERALL MODULE HEIGHT = 115.75" WHELEN FREEDOM 72" LED ROTA-BEAM LIGHT BAR ESTIMATED OVERALL HEIGHT W/ROOFTOP AC = 126.75" OVERALL WIDTH WITH RUB RAILS & FENDERmES = 98" DOMETIC PENGUIN ROOF-MOUNTED HEAT/AC UNIT WITH PROTECTIVE COVER LOW-PROFILE AC CONDENSER ON FACE OF MODULE FLASHING HEADLIGHTS W/ DAYTIME RUNNING LIGHTS FEDERAL Q2B-NN MECHANICAL SIREN MOUNTED IN 12" EXTENDED FRONT BUMPER WARNING LIGHTS NUMBERED TO SHOW FLASH SEQUENCE (2) WHELEN M9 RED SUPER LED WITH CLEAR LENSES KEYLESS ENTRY KEYPAD GROVER AIR HORNS (2) WHELEN M9 RED SUPER LED WITH CLEAR LENSES (2) CAST PRODUCTS SIREN SPEAKERS RECESSED INTO BUMPER RED/RED/WHITE ROTO RAYS WARNING LIGHT ON 12" EXTENDED BUMPER THIS DRAWING IS FOR REPRESENTATIONAL PURPOSES ONLY. DETAILS ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE DURING DESIGN AND CONSTRUCTION DIMENSIONS ARE APPROXIMATE UNLESS NOTED OTHERWISE TO MEET A SPECIFIC CUSTOMER NEED. PALM BEACH GARDENS -~~~ 2012 FRONT EXTERIOR VIEW SUPER CHIEF -I/ 4300LP CHASSIS tv.TE: DRAWING NO. 29 OCT 14 1:18 ~·LF D PBG-1 DIMENSIONS FOR OVERALL HEIGHT AND LENGTH ARE APPROXIMATE ESTIMATED OVERALL MODULE HEIGHT = 115. 75" r-:----z----;--------,,----, WHELEN M9 WHITE SUPER LED LOAD LIGHT ESTIMATED OVERALL HEIGHT W/ROOFTOP AC = 126.75" OVERALL WIDTH WITH RUB RAILS & FENDERETTES = 98" ESTIMATED LOAD HEIGHT = 35.75"·~------_j~~-~-~lii~~------.,L_,::_ CAST PRODUCTS DOOR GRABBERS CAST PRODUCTS RECESSED LICENSE PLATE HOLDER w/ LED LIGHTS MUD FLAPS 11111111111 0 CD DROP-DOWN DOOR FOR STORAGE OF (3) SCBA BOTTLES IN CRADLE . INSIDE DIM'S: 10"h X 24"w X 26"d 11111111111 (2) WHELEN FBBRRRRP LED ROTA-BEAM LIGHTBARS MOUNTED ON REAR FACE OF MODULE WHELEN (2) WHELEN M9 AMBER SUPER LED W /CLEAR LENSES (2) WHELEN M9 AMBER SUPER LED W/CLEAR LENSES AMBER WARNING LIGHTS NUMBERED TO SHOW FLASH SEQUENCE M9 RED LED BRAKE/TAIL, M9T AMBER LED TURN ARROW, M9 WHITE LED BACK-UP INDEPENDENT BUMPER WITH FLIP-UP CENTER STEP WITH COT PROTECTOR ON STEP EDGE. LED GROUND LIGHT MOUNTED BELOW THE STEP /BUMPER . THIS DRAWING IS FOR REPRESENTATIONAL PURPOSES ONLY. DETAILS ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE DURING DESIGN AND CONSTRUCTION DIMENSIONS ARE APPROXIMATE UNLESS NOTED OTHERWISE TO MEET A SPECIFIC CUSTOMER NEED . PALM BEACH GARDENS -~~~10 2012 REAR EXTERIOR VIEW SUPER CHIEF -I/ 4300LP CHASSIS DATE· DRAWING NO. 29 OCT 14 1:18 ow~L F REVj PBG-2 MODULE LENGTH = 170" DIMENSIONS FOR OVERALL HEIGHT AND LENGTH ARE APPROX IMATE ESTIMATED OVERALL HEIGHT = 115.75" ESTIMATED OVERALL LENGTH = 30r ESTIMATED OVERALL HEIGHT W/ROOFTOP AC = 126.75" CAB-TO-AXLE = 1 02• WITH 5• CAB GAP FOR VERTICAL EXHAUST KUSSMAUL 20-AMP SUPER AUTO-EJECT SHORELINE INLET MOUNTED ON ANGLED PANEL FOR OUTLETS/CHARGER W/YELLOW COVER (2) WHELEN M9 RED SUPER LED WARNING LIGHTS WITH CLEAR LENSES KUSSMAUL 20-AMP SUPER AUTO -EJECT SHORELINE INLET ON ANGLED PANEL FOR ROOFTOP AC W/BLUE COVER 12" ·-(2) WHELEN M9 WHITE SUPER LED SCENE LIGHTS- SPACING .,.---.,. WHELEN M7 RED SUPER LED W/CLEAR LENS WARNING LIGHTS NUMBERED TO SHOW FLASH SEQUENCE 3 PRE-WIRE FOR STREAMLITES PULL-OUT BATTERY STORAGE TRAY HIDDEN UNLOCK SWITCH IN ELEC . BOX WITH COVER WHELEN M7 AMBER SUPER LED W/CLEAR LENS 22 .5" POLISHED ALUMINUM WHEELS 12" EXTENDED FRONT BUMPER COMPARTMENT o.s .s #1 CLEAR OPENING : 75.50h x 17.75w INSIDE DIM'S .: 76.50h x 21 . 75w x 13.50d WITH HUB/NUT COVERS o.s.s #2 CLEAR OPENING: 41.25h x 35.25w INSIDE DIM 'S.: 44.50h x 40.75w x 2 1.75d SCBA MOUNT PLATE ON BACK WALL OF ZICO HYDRAULIC OXYGEN LIFT FOR "M" TANK COMPARTMENT 21.75d ABOVE OXYGEN BRACKET COMPARTMENT (S IZE TO BE DETERMINED) SLIDE-OUT TOOL BOARD ON RIGHT WALL WITH (1) ZICO SCBA BRACKET NOTE : UN IT TO HAVE NFPA COMPLIANT GOUND LIGHTING NOTE : ALL COMPARTMENT DOORS ARE TO OPEN AS MUCH AS POSSIBLE o.s.s #3 WHELEN M6T AMBER LED TURN ARROW CLEAR OPENING : 63.50h x 38.00w INSIDE DIM'S.: 65.25h x 42.50w x 21 .75d SLIDE -OUT TOOL BOARDS ON BOTH SIDES WITH (1) ZICO SCBA BRACKET PER BOARD (1) ADJUSTABLE SHELF COMPARTMENTS TO HAVE LED ROPE LIGHTS THIS DRAWING IS FOR REPRESENTATIONAL PURPOSES ONLY. DETAILS ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE DURING DESIGN AND CONSTRUCTION DIMENSIONS ARE APPROXIMATE UNLESS NOTED OTHERWISE TO MEET A SPECIFIC CUSTOMER NEED. PALM BEACH GARDENS -~~~10 2012 STREETSIDE EXTERIOR VIEW SUPER CHIEF -I/ 4300LP CHASSIS DATE · DRAWING NO. 29 OCT 14 DWG. REV PBG-3 1 :30 GLF K DIMENSIONS FOR OVERALL HEIGHT AND LENGTH ARE APPROXIMATE ESTIMATED OVERALL HEIGHT = 115.75" ESTIMATED OVERALL HEIGHT W/ROOFTOP AC = 126.75" 1 o• SPACING BETWEEN REAR WARNING AND SCENE UGHTS (2) WHELEN M9 RED SUPER LED WARNING LIGHTS WITH CLEAR LENSES EZ GLIDE DOOR LED GROUND LIGHT BELOW ENTRY DOOR MODULE LENGTH = 170" ESTIMATED OVERALL LENGTH = 307" CAB-TO-AXLE = 1 02" WITH 5" CAB GAP FOR VERTICAL EXHAUST WARNING LIGHTS NUMBERED TO SHOW FLASH SEQUENCE WHELEN M7 RED SUPER LED W/CLEAR LENS WHELEN M6T AMBER LED TURN ARROW WHELEN M7 AMBER SUPER LED W/CLEAR LENS 22.5" POLISHED ALUMINUM WHEELS WITH HUB/NUT COVERS COMPARTMENT o.s.s #5 o.s.s #4 CLEAR OPENING: 75.5Dh x 22.50w INSIDE DIM'S: 76.50h x 30.00w x 21 .75d ( 1) VERTICAL DIVIDER ON LEFT SIDE, CREATING 9" WIDE, FULL-DEPTH STORAGE FIXED SHELF, 41" ABOVE FLOOR, LEFT OF DIVIDER (1) VERTICAL DIVIDER ON RIGHT SIDE, SPACED 8.5" FROM FORWARD WALL CLEAR OPENING: 27.00h x 1 O.OOw INSIDE DIM'S: 28.00h x 12.25w x 21 . 75d INSIDE/OUTSIDE ACCESS TO BENCH AREA 12" EXTENDED FRONT BUMPER o.s.s #6 CLEAR OPENING: 66.50h x 22.25w INSIDE DIM'S. SEE PARTITION VIEW (2) ADJ SHELVES w/ INSIDE/OUTSIDE ACCESS INSIDE DIM'S. 6A: 16.00h x 25.00w x 19.00d STORAGE FOR PELICAN 1 550 CASE (3) FIXED SHELVES WITH 17 S SPACING FORWARD OF DIVIDER BACKBOARD/SCOOP STORAGE BETWEEN DIVIDERS WITH STRAP (ALSO SEE #9 DRAWING) COMPARTMENTS TO HAVE LED ROPE LIGHTS NOTE : UNIT TO HAVE NFPA COMPLIANT GOUND LIGHTING NOTE: ALL COMPARTMENT DOORS ARE TO OPEN AS MUCH AS POSSIBLE THIS DRAWING IS FOR REPRESENTATIONAL PURPOSES ONLY . DETAILS ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE DURING DESIGN AND CONSTRUCTION DIMENSIONS ARE APPROXIMATE UNLESS NOTED OTHERWISE TO MEET A SPECIFIC CUSTOMER NEED. PALM BEACH GARDENS 2012 CURBSIDE EXTERIOR VIEW SUPER CHIEF -I/ 4300LP CHASSIS O"TE : 29 OCT 14 OWG . REV. 1:30 GLF M DRAWING NO. PBG-4 COMPARTMENTS #1 & #3 HAVE LIFT-UP RESTOCKING FRAMES (1) OHIO MED OXYGEN OUTLET VACUUM OUTLET; SUCTION CONTROL; BYPASS VALVE WELDON VISTA CONTROL SCREEN AUSTIN GRAB HANDLE COMPARTMENT 0 /I STAINLESS STEEL COVED FLOOR UNDERSEAT STORAGE 12 VDC/125 VAC OUTLETS #1 DOOR OPENING: 15.25h x 33.00w INSIDE DIMS: 17.75h x 35.00w x 19.50d (1) ADJUSTABLE SHELF #2 DOOR OPENING: B.25h x 29.00w INSIDE DIMS: 8.25h x 29.00w x 19.50d LIFT -UP ACRYLIC DOOR WITH HOLD-OPEN LOCKING LEVER LATCH #3 DOOR OPENING: 15.25h x 60.00w INSIDE DIMS: 17.75h x 62.00w x 19.50d {1) ADJUSTABLE SHELF ON EACH SIDE OF CENTER DIVIDER 0 REMOVABLE PANEL FOR RADIOS. 12V PRE-WIRE BEHIND PANEL RADIO FADER SWITCH RECESSED ALUMINUM COUNTERTOPS 12 VDC OUTLET 12 VDC/125 VAC OUTLETS DROP-IN CUSTOMER SUPPLIED SHARPS EVS SEAT WITH INTEGRAL CHILD SAFETY SEAT, MOUNTED ON SWIVEL BASE #4 TILT-OUT STORAGE w/ (4) ACRYLIC DIVIDERS INSIDE DIMS: 5.50h x 16.00w x B.OOd {1) ADJUSTABLE SHELF #5 PULL-OUT DRAWER WITH HINGED ACRYLIC WRITING SURFACE INSIDE DIMS: 3.50h x 14.50w x 13.25d LOCKING STAINLESS STEEL FLUSH PULL LATCH #6 = OPEN STORAGE AREA BELOW ELECTRICAL PANEL DIMENSION SHOWN: 18.00h x 20.00w x 13.00d 12 VOLT OUTLET WITHIN RECESS CABINETS TO BE ALUMINUM THIS DRAWING IS FOR REPRESENTATIONAL PURPOSES ONLY. DETAILS ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE DURING DESIGN AND CONSTRUCTION DIMENSIONS ARE APPROXIMATE UNLESS NOTED OTHERWISE TO MEET A SPECIFIC CUSTOMER NEED. PALM BEACH GARDENS ~rRli!.Jlllil ~AN WERT, OHIO 2012 STREETSIDE INTERIOR VIEW SUPER CHIEF -I DATE : DRAWING NO. 24 JAN 14 1:22 DWGAAB R~. PBG-5 3-GLOVE BOX HOLDER I I I r-:~~~~: I G===;J I L..--===-:.......J POCKET FOR SLIDING PARTITION DOOR 0 0 COMPARTMENT GLIDE DOOR ~ E3 ALUMINUM PANEL ZOLATONE FINISH WITH LATCH ACCESS ATIENDANT NET #1 & #2 DOOR OPENINGS: 8 .00h x 29.50w INSIDE DIMS : 8 .00h x 29.50w x 12.00d 0 0 SUDE DRY-ERASE SUDE DRY-ERASE RECESSED SHARPS/WASTE WITH HINGED ACRYLIC LID UFT-UP ACRYUC DOORS WITH HOLD-OPENS LOCKING STAINLESS STEEL FLUSH PULL LATCHES 43" MINIMUM HEADROOM o STAINLESS STEEL COVED FLOOR INSIDE/OUTSIDE ACCESS EXHAUST VENT LOCATION SYSTEM ACTIVE/ CHECK -OUT SWITCH REAR SCENE DISABLE AIR RIDE DISABLE AUSTIN ASSIST HANDLE CABINETS TO BE ALUMINUM THIS DRAWING IS FOR REPRESENTATIONAL PURPOSES ONLY . DETAILS ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE DURING DESIGN AND CONSTRUCTION DIMENSIONS ARE APPROXIMATE UNLESS NOTED OTHERWISE TO MEET A SPECIFIC CUSTOMER NEED. PALM BEACH GARDENS -~~~OHIO 2012 CURBSIDE INTER IOR VIEW SUPER CHIEF -I DATE: DRAWING NO. 22 JAN 14 DWG. REV. 1:20 AAB N PBG-6 AIR INTAKE WITH 0 0 SERVICE ACCESS HOSELINE FT -454 HEAT/AC SYSTEM --~-L-1 OUTPUT VENTS VENTED ELECTRICAL ACCESS PANEL COMPARTMENT ~ = SLIDING PARTITION DOOR THAT SLIDES .__ __ __,11 INTO WALL POCKET 1-----li TO LOCK IN OPEN & CLOSED POSITION ENGLE COOLER CABINET #1 DOOR OPENING : 1 8.00h x 1 .3.75w INSIDE DIMS: 1 8.00h x 1 .3.75w x 1 B.OOd LIFT UP ACRYLIC DOOR WITH HOLD-OPEN (1) ADJUSTABLE SHELF LOCKING STAINLESS STEEL FLUSH PULL LATCH #2 DOOR OPENING: 46.00h x 20.25w INSIDE DIMS: 50.00h x 27.00w x 22.75d 0 0 0 0 0 RECESSED .375" ACRYLIC DOORS WITH FULL LENGTH HANDLES LOCKING STAINLESS STEEL FLUSH PULL LATCHES (2) ADJUSTABLE SHELVES CD/ / 1-M--+--+----12VDC POWER POINT OUTLET, I~ Ill 125 VAC OUTLET / rnno'--u ,____ SYSTEM ACTIVE/CHECKOUT SWITCH, POWER DOOR LOCK SW ITCH 0 ~--ASSIST HANDLE 0 MINI-LED STEPWELL LIGHT CABINETS TO BE ALUMINUM THIS DRAWING IS FOR REPRESENTATIONAL PURPOSES ONLY. DETAILS ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE DURING DESIGN AND CONSTRUCTION DIMENSIONS ARE APPROXIMATE UNLESS NOTED OTHERWISE TO MEET A SPECIFIC CUSTOMER NEED. PALM BEACH GARDENS ~rRllUlliD ~AN WERT, OHIO 2012 PARTITION INTERIOR VIEW SUPER CHIEF -I 1:14 PBG-7 RADIO SPEAKERS 0 0 PANEL ZOLATONE PANEL SSCOR VX2 PORTABLE SUCTION IN STEP AREA ---t-;r-=-=~==;==::L-~----t-_JllL _____ __J__~---- WHELEN M4 AMBER LED ON EACH DOOR RED/WHITE REFLECTIVE STRIP ON INSIDE OF EACH DOOR STAINLESS STEEL V-BARS THIS DRAWING IS FOR REPRESENTATIONAL PURPOSES ONLY. DETAILS ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE DURING DESIGN AND CONSTRUCTION DIMENSIONS ARE APPROX IMATE UNLESS NOTED OTHERWISE TO MEET A SPECIFIC CUSTOMER NEED. PALM BEACH GARDENS ~!RlllJI!fll ~AN WERT, OHIO 2012 REAR INTERIOR VIEW SUPER CHIEF-I DATE: DRAWING NO. 09 JAN 14 DWG. REV. p BG 8 1:14 AAB H - ATIENDANT NET AND LOCATION FOR SSCOR PORTABLE SUCTION (8) WHELEN LED DOME LIGHTS MODEM ANTENNA ON CAB ROOF * SLIDING PARTITION DOOR/POCKET VHF ANTENNA ON CAB ROOF * II II II ur------1 I I I I I I r-.......... -- 1 I ' L ___ _ ' J I ZICO HYDRAULIC OXYGEN LIFT FOR HMH TANK 800 MHz ANTENNA BASE RECESSED SHARPS/WASTE WITH HINGED ACRYLIC LID LIFT-UP CEILING OXYGEN OUTLET DROP-IN CUSTOMER SUPPLIED SHARPS IN COUNTERTOP (3) CEILING MOUNTED LED LIGHTS SLIDE-OUT TOOL BOARDS WITH ZICO SCBA BRACKETS RAIL STRYKER CENTER POWERLOAD COT SYSTEM & COT BAR FOR MANUAL COTS m = ( 4) CAST PRODUCTS CEILING IV HANGERS MODULE WIDTH = 96H MODULE LENGTH = 170 H MODULE HEAD ROOM = 74.5H THIS DRAWING IS FOR REPRESENTATIONAL PURPOSES ONLY. DETAILS ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE DURING DESIGN AND CONSTRUCTION DIMENSIONS ARE APPROXIMATE UNLESS NOTED OTHERWISE TO MEET A SPECIFIC CUSTOMER NEED. PALM BEACH GARDENS ~IR'll!dl!Fil ~AN WERT, OH IO 2012 FLOOR INTERIOR VIEW SUPER CHIEF -I 1:23 DATE: DRAWING NO. 29 OCT 14 DWG. RE.V. PBG-9 GLF QUOTATION Palm Beach Gardens James Ippolito 1 0500 North Military Trail Palm Beach Gardens, FL 33410 561-799-4100 Exp. Date: Quote No: Job/Order No: AMBI: 00-01-0003 12/31/2012 10056-0015 NQ 6142-43 12SCHF Special Pricing Request 00-01-0026 FSA CONTRACT I Ten-8 Fire Equipment, Inc. Ten-8 Fire Equipment Shawn Hunter 2904 59th Avenue Drive East Bradenton, FL 34203 Super Chief 2012 Base Type 1/170" Mod This order does specify an FSA contract 00-01-0061 00-02-0121 00-02-0121 PURCHASE AGREEMENT TYPE I -AMBULANCE-SUPER CHIEF I -73" INTERIOR HEADROOM 2014 SUPER CHIEF 1-170" MODULE CUSTOM TYPE I-AMBULANCE-SUPER CHIEF I-74.5" INTERIOR HEADROOM CUSTOM MODULE 2012 SUPER CHIEF I-170" MODULE w/74.5" Interior headroom C HASS IS PACKAG ES I 1 Bl Bl Bl 1 B l 10-02-0013 CHASSIS -INTERNATIONAL 4300 SBA LP 175" WB-4x2 DRW Bl 2015 10-02-0014 DELETE STANDARD CHASSIS 1 15-00-0001 CUSTOM CHASSIS REQUIREMENTS 1 Bl SPEC IAL CHASSIS QUOTED: Estimated 2016 Budget Chassis Custom International Durastar (LP4300) chassis per attached customer chassis specifications: 169" wheelbase. 1 02" CA with 5" cab gap for exhaust. 22.5" polished aluminum wheels (4). Bright hat, hub, and lug nut covers. 12" extended front bumper with diamond plated top and comer fill areas-Re-inforce the center area for "Q" siren mounting. Vertical exhaust -passenger side -tip to be above module roof Grover Air horns-(1) trumpet per chassis fender (2)-connected to chassis air sys. OEM battery switch in cab -Relocated to driver seat base. Lanyard Ad d itional Key Fob Remitter (Reference #40-10-0161) Chassis paint -Pierce 304/5J39 Chassis shall be ordered without battery selector/disconnect on driver's side cab floor. 15-00-0052 AIR HORNS -GROVER DUAL ON THE FENDERS -INCLUDED WITH CHASSIS 1 Bl Air Hom -(Grover) dual trumpets, one (1), mounted on each chassis fender. Plumb to chassis air tank. To operate with Lanyard, OEM Horn Ring, (delete switch on front console) 11/06/2014 p I PART NO DESCRIPTION QTY ID 15-00-0061 Included with chassis ALUMINUM WHEELS-INCLUDED WITH CHASSIS Aluminum wheels shall be ordered with the chassis. These will include the hub, hat and lug covers. Included with chassis 15-00-0076 EXTENDED FRONT BUMPER -INCLUDED WITH CHASSIS 12" Extended front bumper shall be ordered with the chassis. Included with chassis 15-00-0126 CHASSIS PAINT-OPTIONAL PAINT COLOR 15-SP-0001 20-00-0101 20-10-0101 20-10-0210 Lime Green (Pierce# 304) 5J39 chassis paint ordered OEM, per graphic layout. FLNA 60182. Included with chassis AUTO THROTTLE= CHASSIS PROGRAM Chassis OEM logic to be programmed for auto-throttle response when chassis is parked and low voltage situation occurs. FUEL TANK-FULL UPON FACTORY RELEASE AIR RIDE SYSTEM, AUTOMATIC LOWERING FEATURE-OEM BATTERY -FOUR BATTERY SYSTEM -PULL OUT STORAGE TRAY Chassis shall be equipped with four (4) 12v OEM maintenance free batteries in a battery storage tray located in the driver side step area. Tray secured with a locking chrome Eberhard handle IPOS, per dwg. # 3. (Miami style). Battery, Additional, Match OEM Odyssey Model 31-PC2150 20-10-0210 Battery, Additional, Match OEM Odyssey Model 31-PC2150 20-10-0402 CONDENSER AUXILIARY-LOW PROFILE MODULE FACE An Hoseline low profile auxiliary condenser painted to match the module shall be installed on the upper face of the module IPOS, per dwg. # 1. 20-10-0404 SECONDARY COMPRESSOR 20-10-0603 ENGINE BLOCK HEATER-OEM PLUG Delete the engine block heater, do not hook up. 20-20-0122 FLOOR CONSOLE-CUSTOM ANGLED FRONT-ALUMINUM Custom designed aluminum cab floor console to purchaser specifications shall be provided and installed. Per attached layout. 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl Bl Bl 20-20-0291 LIGHT , DOME WELDON 8080 RED/CLEAR 1 Bl A Weldon #8080 dome light with red/clear push on/off lenses shall be installed in the cab headliner. The lights shall be activated by individual lamp switches. Red lens towards driver side. 20-30-0211 MIRRORS, EXTERIOR 7"X15" POWER/HEATED Bl 20-30-0403 TIRE PRESSURE -LED VALVE CAP MONITOR 20-30-0801 20-30-0801 Install ReeiWheels LED valve cap tire pressure monitors. (Braun #24905-NFPA) EXTERIOR CAB STEPS-NFPA DIAMOND PLATE (NFPA COMPLIANT) Standard NFPA compliant diamond plate cab steps. EXTERIOR CAB STEPS-NFPA DIAMOND PLATE -INTERMEDIATE (2) Two (2) diamond plate grip strut intermediate steps shall be installed, one (1) each cab Bl 2 11 /06/2014 p I PART NO DESCRIPTION QTY 10 step cover IATS , per dwg . # 3 & # 4 . 20-40-0208 OEM WHEELS -WITH VALVE STEM EXTENSIONS 1 Bl Delete the Stain less Steel Wheel liners, Keep Valve Extensions and OEM wheels . 20-SP-0001 FEDERAL Q2B MECHANICAL SIREN-FRONT BUMPER 1 Bl A Federal Q2B-NN mechanical siren shall be mounted in an re-inforced center section of the front bumper IATS , per dwg . # 1 30-06-0002 ELECTRICAL SYSTEM -WELDON V-MUX , MICRO PROCESSOR BASED 1 Bl 30-06-0010 VISTA IV MCC -PUSH BUTTON 1 Bl 30-06-0015 VISTA IV ACP -PUSH BUTTON 1 Bl 30-06-0026 WARNING DISPLAY -MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0050 DAYTIME RUNNING LAMPS -MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30 -06 -0076 MASTER CONTRO L CONSOLE (MCC)-MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0101 ATTENDANT CONTROL PANEL (ACP) -MULTIPLEX ELECTRICAL 1 Bl 30-06-0126 ELECTRICAL COMPARTMENT (PDQ)-MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0150 SPARE CIRCUIT -MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0175 WIRING HARNESS CO NNECTORS-MULTIPLEX ELECTR ICAL SYSTEM 1 Bl 30-06 -0200 RADIO TIE-IN POINTS -MULT IPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0225 EMERGENCY MASTER SWITCH -MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0250 CONTROL PANEL SWITCHES -MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0275 MOD ULE POWER SWITCH -MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0285 MODULE DISCONNECT -MULTIPLEX ELECTRICAL SYST EM 1 Bl 30-06-0300 VOLTMETER -MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0325 FLASHER -MULTIPLEX ELECTRICAL SYSTEM-PROGRAM SET 1 Bl Warning lights programmed to #1 & #2 sequence pattern per #1 , 2 , 3, & 4 dwg notations . All lights to Triple Flash or Comet flash at 75 fps . 30-06-0350 FLASH ING HEADLIGHTS -MULTIPLEX ELECTR ICAL SYSTEM 1 Bl Add Switch on Vista to disable Flashing Headlights 30-06-0375 PARK OVERRIDE -MULTIPLEX ELECTR ICAL SYSTEM Bl A park override switch, located on the master control console screen, shall reactivate all lights disab led when the transmission is placed in the neutral/park position . The front lightbar forward facing white lights and the RotoRay light will turn off in park. 30-06-0400 LOAD MANAGER-SEQUENTIAL SWITCHING SYSTEM -MULTIPLEX ELECTRIC 1 Bl 30-06-0425 WARNING LIGHTS SWITCH -MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0450 FRONT CLEAR DISABLE SWITCH-MULTIPLEX ELECTRICAL SYSTEM 1 Bl 30-06-0475 CURBSIDE SCENE LIGHTS "ON " WITH CURBSIDE DOOR -MULTIPLEX EL 1 Bl 30 -06 -0500 REAR SCENE LIGHTS "ON " WITH REAR DOORS OPEN -MULTIPLEX ELEC 1 Bl 30-06-0525 DISABLE SWITCH FOR REAR SCENE LIGHTS -MULTIPLEX ELECTRICAL 1 Bl 30-06-0550 DISABLE SWITCH FOR SIDE SCENE LIGHTS -MULTIPLEX ELECTRICAL 1 Bl 30-06-0575 REVERSE (TRANSMISSION) FUNCTIONS -MULTIPLEX ELECTRICAL 1 Bl 30-10-0023 FOOT SWITCHES , TWO (2) SIREN ACTIVATION 1 Install two (2) foot switches in the cab to activate the Federal Q Siren (install one each side) 30-10-0030 BACKUP ALARM (NFPA COMPLIANT) An (OSHA approved) NFPA compliant back up alarm WITHOUT disabling switch ing shall be provided and installed . The disable switch shall be located on the MCC (master control conso le). 3 11/06 /20 14 p PART NO DESCRIPTION QTY ID 30-10-0 040 A LARM-AUDIBLE FOR OPEN DOOR (NFPA COMPLIANT) 30-10-0071 A NFPA compliant audible alarm to sound when any chassis, module passage, or outside compartment door is open and vehicle transmission is not in the "park" position lA TS. CAMERA REAR VIEW -SINGLE SYSTEM-VISTA SCREEN Install camera system rear view, tied to M-Tech display screen. See Dwg #2 Standard in 2014 1 Bl 30-10-0163 CONDUIT , PVC FLEXIBLE w/ FISH/PULL WIRE & WALL COVER-PDQ TO CAB 1 Bl Install a minimum 1-1/2" diameter flexible PVC electrical conduit with fish/pull wire from the Power Distribution Quarters (PDQ) to the MCC IATS. 30-10-0190 GROUND FAULT CIRCUIT INTERRUPTER (GFCI) Bl 30-10-0262 INVERTER, VANNER -1050 WATT , #20-1050CUL-DC CHARGER Bl Vanner 20-1 050CUL 1050-DC watt inverter with battery conditioner/charger, w/rernote switch -non-hardwired shall be installed in OSS #2 30-10-0290 LIGHT, ATTENDANT CONTROL PANEL AREA-TECHNIQ LED 1 Bl A red/wht Techniq LED light, shall be mounted below the attendant control panel IATS, per dwg#5 30-10-0310 LIGHT , ELECTRICAL COMPARTMENT (PDQ) 1 Bl A 12 VDC light shall be located in the PDQ. The light shall be wired "battery-hot" to activate when the PDQ door is in the open position. The light shall be off when the door is in the closed position. 30-10-0412 LIGHT OSS COMPARTMENT-LED ROPE (6) COMPARTMENTS 1 Bl Each outside storage compartment shall be equipped with LED rope lighting which shall be located across the top and down both sides of the door opening, IPOS. This includes all 6 OSS compartments . 30-10-0432 LIGHT, STEPWELL-CURBSIDE DOORWAY -MINI LED SURFACE MOUNT (1) 1 Light, stepwell-side doorway , Whelen Mini-LED . See Dwg #7 (1 ). 30-10-0436 LIGHT INTERIOR OF REAR FACING PASSAGE DOORS,-WHELEN M4 AMBER LED 1 Bl Two (2) Whelen M4 (horizontal mount) amber LED lights with amber lens, shall be installed , one (1) each on the rear hinged passage door interior panels IATS, per dwg #8. The lights shall flash with each individual door opening(s). Install lights to be above PowerLoad arms to prevent light damage 30-10-0450 PREWIRE, LIGHT , STREAMLIGHT -VULCAN FLASH LIGHT AND 12V CHARGER BASE 2 Bl (2) Pre-wire for Two (2) Vulcan stream light rechargeable flashlights and 12 VDC charger bases shall be installed,one (1) each in out side storage compartment# 2 & # 3, per dwg . # 3 locations. 30-10-0461 LIGHT , SPOTLIGHT-HAND-HELD -OPTRONICS-BLUE EYE 1 Bl One (1) 12VDC #KB-4003 hand-held spotlight shall be hard wired to the cab master control console . A black ABS vacuum-formed spotlight holder shall be shipped loose with the completed ambulance. 30-10-0476 LIGHTS, DOME LED (8) Whelen 1 Bl Eight (8) Whelen #LED (80COEHCR) dome lights, shall be installed IPOS. See dwg #9 30-10-0490 LIGHTS, RECESSED LED PANEL (3) CEILING Install three (3) 12 VDC powered Grote #61261 LED WhiteLight recessed lights in the module ceiling IATS 4 Delete the curbside fluorescent lights (1 long, 1 short) 30-10-0497 DELETE-LIGHTS, FLUORESCENT (3) STREETSIDE 1 Bl Delete the streetside fluorescent lights (2 long, 1 short) 30-10-0535 OUTLETS , 125VAC-FIVE (5) INTERIOR DUPLEX 1 Bl One (1) in forward action area (std) One (1) in rear of first action area per dwg #5 One (1) in front console , passenger side see dwg One (1) over squad bench see dwg #6 One (1) in the lower front wall cabinet 30-10-0543 OUTLETS , 12VDC-TWO (2) INTERIOR POWERPOINT 1 Bl 1. Relocate one (1) standard 12v outlet from bottom of ACP to forward end of primary action area wall, per dwg. #5 . 2. Install one (1) standard 12v outlet rearward end of the primary action area wall, per dwg . # 5 . 3) One (1) bottom open portion below electrical cabinet for a customer installed Engle refrigerator . 4) One (1) in the lower front wall cabinet 30-10-0657 RADIO ANTENNA BASES-TWO (2) 1 Bl One (1) antenna base to be installed center of module roof terminate to behind driver's seat in the cab One (1) antenna base to be installed center rear of module roof terminate to 1st action area. 30-10-0673 RADIO TIE-IN POINT-(2) 12V-CAB CONSOLE & PATIENT COMPT 1 Bl One (1) set of 12 volt radio tie-in points shall be installed in the cab console area of the unit. The set shall indude one (1) Battery Hot, one (1) Ignition Hot, and one (1) "Grounded" junction stud . One (1) set of 12 volt radio tie-in points shall be installed in the patient compartment attendant control panel area of the unit. The set shall indude one (1) Battery Hot, one (1) Ignition Hot, and one (1) Grounded junction stud 30-10-0722 RECEPTACLE SHORELINE INLET-SUPER 20 AMP, AUTO EJECT-YELLOW COVER 1 Bl Install Kussmaul 20 AMP auto eject with yellow cover shall be installed in an angled panel on the left front of the module IPOS, per dwg. # 3. (Provides power to 125v outlets and battery charger). 30-10-0723 PREWIRE, 12V POWER & GROUND (2)-PORTABLE CHARGING EQUIPMENT Two (2) 12v power and ground leads for purchaser supplied I installed portable charging equipment shall be provided and installed , one (1) each in the cab console area and one (1) each in the primary action area radio close-out IATS . 30-10-0753 SIREN , FEDERAL SIGNAL PA300-012MSC, 200 Watt 1 Bl Install PA300-012MSC (690010) siren in overhead cubby hole located in the center forward portion of the headliner. IPOS 30-10-0800 SIREN SPEAKERS, CAST PRODUCTS -IN FRONT BUMPER 1 Bl Relocate per #1 dwg. to the outer corners of the bumper 30-10-0901 SYSTEM ACTIVE AND CHECK OUT LIGHTS -5 MINUTES 1 Bl 30-10-1001 PROGRAMMING , V-MUX 1 Bl The V-Mux electrical system shall be programmed to the following : 11/0612 014 P e 6 PART NO DESCRIPTION QTY 10 Mod Power is on with Ig ni tio n AC on with Ignition LED Lights in module on in low power Inverter on with Ignition 30-25-0102 LIGHTS, ICC I LED CLEARANCE-WITH CHROME BEZELS ON MODULE SIDE 1 Bl The vehicle shall have two (2) red surface mounted LED clearance I ICC lights with chrome bezels : one (1) red on each side at the rear of the vehicle which will also function with the turn signals. Per Dwg #3 and #4 30-25-01 03 LIGHTS, ICC I LED CLEARANCE -WITH CHROME BEZELS ON MODULE FRONT 1 Bl The vehicle shall have five (5) amber surface mounted LED clearance I ICC lights with chrome bezels on the front of the module near the roof line. 30-25-0104 LIGHTS, ICC I LED CLEARANCE-WITH CHROME BEZELS ON MODULE REAR 1 Bl The vehicle shall have five (5) red surface mounted LED clearance I ICC lights with chrome bezels on the rear of the module near the roof line. 30-25-0306 LIGHTS, UNDERBODY FOUR (4) WELDON 4" LED (NFPA COMPLIANT) There shall be four (4) NFPA compliant Weldon 4" round LED white lights mounted on brackets underneath the module. The lights shall be located , one (1) under each cab doorway, and one (1) under each module doorway. The lights shall tum on automatically when the vehicle is shifted into park. The lights may also be activated or disabled by a switch on the MCC Vista display screen labeled "Underbody Lights". Must install Weldon underbody lights per NFPA regulations . 30-25-3107 LIGHTS, FRONT GRILLE -(2) WHELEN M9 SUPER LED -RED wl CLEAR LENS 1 Bl Two (2) Whelen M9 red super LED warning lights, with clear lenses and waterproof connectors shall be installed the grille area of the chassis IPOS, per dwg #1 30-25-4101 The lights shall operate from a switch on the master control console labeled "Flashers". LIGHT , FRONT LIGHT BAR-WHELEN ROTA-BEAM-CAB ROOF Whelen Freedom Rota-Beam (1 ) FR7RRRR/ (1) FRALF1DI(4) FLCD/(3) FRBR I (1 ) FRFLASH (Layout on file from dealer) 30-25-4105 LIGHTS, FRONT MODULE WARNING -WHELEN (2) M9 RED LED w/ CLEAR LENS 1 Bl Two (2) Whelen M9 red super LED warning lights with clear lenses and chrome bezels shall be installed on the module front outer comers IPOS, per dwg. # 1. The lights shall operate from a switch on the master control console labeled "Rashers". (Delete the standard 700 clear center halogen light). 30-26-3010 LIGHTS, REAR TAIL-WHELEN M9 LED STOP , TURN, & BACK-UP 1 Bl One (1) pair each of Whelen M9 series LED stop/taillights, tum lights, and back-up lights with chrome flanges shall be installed on the rear of the module. IPOS, per dwg. # 2. (additional spacing per drawing) 30-26-5013 LIGHTS, REAR WINDOW-LEVEL-WHELEN (4) M9 SUPER LED -AMBER wl CLEAR 1 Bl LENS Four (4) Whelen M9 series super LED amber warning lights with clear lens and chrome bezels shall be installed on the rear of the module, in a stacked configuration, two (2) each module side IATS, per dwg. #2 configuration. "X" Flash pattern . 11 /06{2014 p • PART NO DESCRIPTION QTY ID 30-26-6010 LIGHT BAR, REAR-WHELEN MINI BARS (PAIR) FNMINI 1 Bl Two (2) Whelen mini lightbars (FNMINI) on the upper module rear IPOS, per dwg . 2 30-26-6011 Comes as one (1) pair each lightbar 24" in length and one (1) mounted per drawing #2 LIGHT , REAR LOAD-WHELEN M-9 LED-REAR MODULE REAR (1) A Whelen M-9 LED load light in chrome bezel shall be installed, centered between the two (2) rear module light bars IPOS, per dwg. # 2. 30-27-1109 LIGHTS, INTERSECTION FRONT-WHELEN M7 SUPER LED-RED w/ CLEAR LENS 1 Bl Install Whelen M7 red Super LED intersection lights with clear lens and chrome flange IPOS, per dwg. # 3 & # 4 . 30-27-2011 LIGHTS , SIDE MODULE SCENE-WHELEN M9-CLEAR (4) 1 Bl Four (4) Whelen M9 series LED scene lights with chrome flanges shall be installed IPOS (27214-M9LZC), per# 3 & # 4 dwg. dimensions . 30-27-3008 LIGHTS, SIDE MODULE WARNING-WHELEN M9 SUPER LED-RED w/ CLEAR LENS 1 Bl Four (4) Whelen M9 series red super LED warning lights w~h clear lenses and chrome flanges shall be installed IPOS, per dwg. # 3 & # 4 spacing dimensions. 30-27-4105 LIGHTS, INTERSECTION REAR-WHELEN M7 SUPER LED-Amber CLEAR LENS 1 Bl Install Whelen M7 Amber Super LED rear intersection lights with clear lens and chrome flange IATS, per dwg. # 3 & # 4 locations . 30-27-4114 LIGHTS, SIDE TURN-WHELEN M6T AMBER LED (2) Two (2) Whelen M6T LED amber tum indicators in chrome bezels and water-proof connectors, shall be installed above the rear wheel wells, one (1) on each side IATS, per dwg #3 & #4. 30-SP-0001 LIGHT , FRONT BROW -WHELEN PIONEER PFP1 Pioneer Plus A cab roof mounted Whelen Pioneer Model PFP1 Pioneer Plus 12v LED brow light shall be installed on the front edge of the cab roof IATS, per dwg #1 30-SP-0002 LIGHT , WARNING -ROTC RAY 1 Bl An LED Rota Ray warning light shall be installed on the 12" front extended bumper IATS, per dwg. # 1. (RIRNV). Clear Lens, Chrome Pedestal , Light to have 3" Spoke (refer to product sheet included in truck file) 30-SP-0003 ELECTRICAL QUARTERS (PDQ) DOOR -RELOCATED 1 Bl Relocate the PDQ door to open at the partition area IPOS, per dwg. # 5. 30 -SP-0004 CABINET , BEHIND ATTENDANT SEAT-MISC . ELECTRICAL 1 Bl A cabinet for purchaser supplied/installed Engle refrigerator below the main electrical cabinet in the partition area IATS , per dwg 5. The cabinet shall be open with no door. 30-SP-0007 AC UNIT , DOMETIC PENGUIN -ROOF MOUNTED 110V w/ COVER A Dometic Penquin 11 Ov air conditioner w/ diamond plate protective cover shall be installed on the top of the module IATS, per dwg. # 1, 3, 4, & 9. The system shall be powered via a dedicated 20 amp Kussmaul auto-eject shoreline with blue cover, installed on an angled panel of streetside front of the module IATS/IPOS, per dwg #3 »No electronic panel. Only knobs on the unit itself« Cool only , no heat. 7 11/06 /20 14 p I PART NO DESCRIPTION QTY ID 38-01-0002 CUSTOM ER SUPP LIE D RADIO S -TWO (2) 8 1 Two (2) Customer supplied radios heads and control cables installed , one (1) each in cab 39-00-0001 39-10-0003 40-00-0002 40-00-0010 40-00-0019 console and one (1) each in primary action area radio close-out IATS, per attached. Whomever installs the radios needs to contact Randy Ali at Palm Beach gardens before install @561-233-0854 MODULE BODY CONSTRUCTION -SEAMLESS CONNECTIONS , MODULE ALUMINUM PARTS-MODULE EXTERIOR CORROSION MINIMIZATION-MODULE DOOR SKINS, OUTSIDE STORAGE COMPARTMENTS -DIAMOND PLATE INTERIOR SKINS The interior door skins for all outside storage compartments shall be constructed of .063" thick aluminum diamond plate. 40-00-0020 DOOR CONSTRUCTION -GASKET PLACEMENT 40-00-0030 EXTERIOR COMPARTMENTS DESIGN -DOOR OPEN DEGREE 40-00-0050 40-00-0055 40-00-0060 40-00-0070 40-00-0080 40-00-0081 40-00-0084 40-00-0085 40-00-0091 40-01-0708 40-02-0705 Compartment doors #2,3,4 to open to 110-degrees or as wide as possible. Compartment design to be approved by customer prior to manufacturing Compartments: #1 ,5,6 to open std degree OSS #4 will not have gas shock brackets. Utilized a special gas shock doubler, gas shock bracket on doors and small gas cylinders to get the opening needed. EXTERIOR COMPARTMENTS , VENTING-ADDITIONAL EXTERIOR COMPARTMENTS , VENTING-OXYGEN STORAGE EXTERIOR COMPARTMENTS -SWEEP-OUT HANDLES , EBERHARD -CHROME FREE FLOATING TYPE INSULATION -POLYURETHANE SPRAY FOAM COATING, ACOUSTIC -AUDIOGUARD ZTECH UNDERCOATING The entire underbody (excluding drive shaft, wheels , fuel tank, and 12" either side of exhaust system) shall be sprayed with ZTECH under seal for reduced corrosion . COATING, CERAMIC THERMAL Spray interior of module roof with Temp-coat ceramic coating , after insulating. IATS THRESHOLD , STAINLESS STEEL-EXTERIOR STORAGE COMPARTMENT OUTSIDE STORAGE #1-02 CYL. STORAGE WITH ZICO LIFT FOR "M" TANK The compartment shall be equipped with a hydraulic Zico Oxygen tank lift for a "M" tank. OUTSIDE STORAGE #2 -STREETSIDE CENTER -NO SHELF-TOOL SLIDEOUT Delete shelf from OSS #2. A right side slide out tool board shall be installed on rearward compartment wall. Install one (1) bracket on slide out tool board for Scott Next Generation II bottles - UH-6-30-3-SF with appropriate sized spring clips per the bottle size mounted. This bracket to be installed at delivery. Bl Bl Bl Bl 81 1 Bl 1 Bl Bl Bl Bl Bl Bl Bl Bl Bl Bl Bl 40-03-0710 OUTSIDE STORAGE #3 -STREETSIDE REAR NO SHELF & DOUBLE DOOR w/ SCBA 1 Bl SLIDE OUT This compartment shall have no inside/outside access. The compartment shall have double doors held open with spring loaded gas shocks and secured with two (2) chrome 8 11/06/2014 p I PART NO DESCRIPTION QTY ID 40-04-0701 Eberhard handles . A locking handle shall be installed on the forward door. Install brackets for Scott Next Generation II bottles -UH-6-30-3-SF with appropriate sized spring clips per the bottle size mounted . Install a slideout tool board on the forward and rearward compartment walls, Zico bottle brackets to be installed on slideout. Install one adjustable shelf above toolboards . OUTSIDE STORAGE #4 BOARD/SCOOP-DOUBLE DOOR (2) DIVIDERS-(3) FIXED SHELVES The compartment shall be enclosed with dual hinged doors secured with locking chrome Eberhard exterior handles and equipped with one (1) vertical divider on left side, creating 9" wide full depth storage fixed shelf 41" above floor, left side of divider one (1) vertical divider on right side, spaced 8.5" from forward wall, three (3) fixed shelves with 17.5" spacing forward of divider and backboard/scoop storage between the div iders . 40-05-0700 OUTSIDE STORAGE #5-CURBSIDE REARWARD WHEEL WELL #5 outside storage compartment rearward of the curbside wheel well shall have a dear opening of 27 .OO"h x 1 O.OO"w and inside dimensions of 28.00"h x 12.25"w x 21 . 75" d and in side/outside access to the interior squad bench area lA TS, per dwg. # 4. The compartment shall be enclosed with a right hinged exterior door secured with a locking chrome Eberhard handle and equipped without shelves . 40-05-0700 OUTSIDE STORAGE #6-CURBSIDE FORWARD 40-10-0066 40-10-0088 40-10-0103 40-10-0120 40-10-0161 #6 outside storage compartment forward of the curbside sliding door Customer to store a Pelican 1550 Case in compartment (case dimensions : 9"h x18"dx21 "w) DOOR SLIDING -MODULE CURBSIDE PASSAGE DOORS-REAR PASSAGE FENDERETTES-POLISHED ALUMINUM HOLD-OPEN -REAR DOORS -CPI GRABBERS Cast Products door grabbers (1 pair) with hard rubber inserts shall be installed on the rear doors . Reference dwg #2 for location. KEYLESS ENTRY -TOUCH PAD FOR POWER DOOR LOCKS Two (2) Keyless Entry -touch pads shall be installed , one (1) each left front of module , per dwg. # 1 and one (1) each on the curbside of module on curbside passage door, per dwg . #4. Program key pads to open with "1 0500" code. 40-10-0180 LICENSE PLATE HOLDER-CPI CAST RECESSED WITH DUAL LED LIGHTS 40-10-0192 40-10-0200 40-10-0261 40-10-0281 A Cast Products license plate holder shall be recessed installed below the driver side rear taillight stack of the module rear tread plate. The holder shall be recessed and shall have dual Whelen Mini LED lights, which activate with the chassis headlamp switch IPOS, per dwg #2. LOCKS POWER-PASSAGE, COMPARTMENTS (6)-HIDDEN SWITCH-FOB REMOTES (2) Power door locks shall be included on module passage doors and six (6) outside storage compartments. The locks shall be activated from the interior of the rear door and the curbside doorway, as well as the OEM chassis cab door switches . An exterior unlock switch shall also be included and hidden below the the #1 Outside storage compartment area, per dwg #3 (weatherproof switch in box). A keyless entry system shall be installed . The system shall indude two (2) remote key fob transmitters to lock/unlock all chassis and module doors. MUD FLAPS, REAR-BLACK RUBBER REAR STEP/BUMPER -FLIP-UP CENTER SECTION-ANODIZED RUB RAILS, ANODIZED ALUMINUM , 5/8" BLACK REFLECTIVE MATERIAL Bright dip anodized polished aluminum rub rails shall be installed on the lower sides of the body below the outside compartment sill areas. The rub rails shall be offset 3/16" from the 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 2 Bl 1 Bl 1 Bl 1 Bl 1 Bl 9 11/06/2014 p • PART NO DESCRIPTION QTY ID 40-10-0321 40-10-0340 40-10-0360 body to facilitate wash down of road debris the rub rails shall incorp orate a recessed 5/8" wide black refle ctive scotchlite safety accent stripe. STEPWELL, CURBSIDE DOORWAY-MID STEP AREA STONE GUARDS, MODULE FRONT-ANODIZED DIAMOND PLATE (24" H) KICKPLA TE/THRESHOLD, REAR DOORWAY-ANODIZED DIAMOND PLATE A bright dip anodized aluminum diamond plate kick plate shall be installed at the rear exterior doorway, providing a kick I scuff plate at the rear of the vehicle above the rear step, per dwg. # 2. 40-10-0381 TOW EYES, MODULE REAR-RECESSED CHROME-REAR TREAD PLATE Two (2) recessed chrome tow eyes shall be provided in the center of the rear tread plate area, one (1) each side of the rear center compartment. Hooks shall be securely fastened to the vehicle frame IPOS, per dwg. # 2. (install rubber bumper stops for flip up step like #5807) 1 Bl 1 Bl 1 Bl 40-10-0402 WINDOW, 13" x 33" CURBSIDE FIXED W/SLIDING DRY ERASE BOARD 1 Bl A 13" x 33" non-openable (fixed) tinted window shall be provided on the module curbside, centered between the curbside door and the #4 outside storage compartment. The window, on the patient compartment interior side, shall have split sliding covers that double as dry erase board. The covers shall slide behind the squad bench back pads when in the open position. Two (2) dry erase markers and one (1) eraser shall be shipped loose with the completed ambulance. 40-10-0505 WINDOWS, PASSAGE DOOR-(CURB SLIDING, REAR FIXED) Bl 40-15-0046 TURTLE TILE MATTING (BLACK)-BOTTOM OF OUTSIDE COMPARTMENTS Bl Install Black Turtle Tile with ramps to the floors of the standard OSS compartments #1 , #2, #3, #4, and #5 and #6. 40-SP-0003 DOOR, MODULE REAR-DIAMOND PLATE-REAR KICK PLATE-SCBA BOTTLE STORAGE An aluminum diamond plate drop down door secured with two (2) locking twist lever latches shall be installed in the center of the rear kick plate. Inside dimensions 10.00" x 24.00"w x 26.00"d. Storage cradle for three (3) SCBA bottles shall be provided behind the door. A strap shall be provided to secure the bottles during transportation IATS, per dwg. # 2. Will hold (3) Scott 45 min air bottles. 50-00-0202 ROUNDED INTERIOR CORNERS 50-01-0111 CABINET CONSTRUCTION-INTERIOR -ALUMINUM Interior cabinets to be constructed of aluminum IPOS 50-01-0201 CABINET DOORS-CLEAR ACRYLIC Install Clear acrylic on cabinet doors IPOS 1 Bl 1 Bl 1 Bl 50-01-0404 LATCHES CAB INET-STAINLESS STEEL 1 Bl Install chrome locking lever latch on ACP , PDQ, Left wall #2, doors. Install Southco stainless steel locking flush pull latches on all other locations. 50-05-0111 CAB INETS/ WALLS -POLYCHROMATIC COATING-CAMILLE WHITE 1 Bl Head liner, walls, cabinet faces, and cabinet interiors Zolatone color to be Camille White 50-10-0140 CAB INET -LEFT WALL, UPPER REAR #1 -RESTOCKING HINGE (UP) 1 Bl Cabinet per #5 dwg. dimensions to accommodate the relocation of the CPR seat, the 10 11/06/2014 p • PART NO DESCRIPTION QTY ID deletion of the angled lights , and second action area modifications IPOS. 50-10-0212 CABINET -LEFT WALL, UPPER CPR SEAT #2 1 Bl The left wall, interior cabinet (#2) located above the CPR seat shall have a door opening of 8.25" high x 29.00" wide with interior dimensions of 8.25" high x 29.00" wide x 19.50" deep. The cabinet shall be enclosed by one (1) top hinged acrylic door with hold open, secured with a chrome locking lever latch and equipped without shelving IPOS, per dwg . #5. 50-10-0226 LEFT WALL-ATIENDANT CONTROL PANEL-HINGED PANEL 1 Bl The color micro processor screen shall be installed on a hinged access panel and secured with two (2) locking lever latches. The panel will be located to the immediate right of the attendant's seat. The flat area for radio installation to have removable panel 50-10-0302 CABINET -LEFT WALL, UPPER FRONT #3-RESTOCKING HINGE (UP) 1 Bl The left wall, upper front interior cabinet (#3) over the primary action area shall have a door opening of 15.25" high x 60.00" wide with interior dimensions of 17.75" high x 62.00" wide x 19.50" deep IPOS, per dwg. # 5 . This cabinet shall be enclosed by one (1) set of sliding acrylic doors attached to a flip-up restocking frame with gas filled hold-open shocks. The cabinet shall be equipped with a center fixed divider and (1) adjustable shelf each side of divider for a total of two (2) shelves. 50-10-0412 CABINET -LEFT WALL, LOWER REAR #4 1 Bl Cabinet #4 to be a tilt out storage area with 4 adjustable acrytic dividers, door to have locking flush pull latch 50-10-0614 PRIMARY ACTION AREA-COUNTER LENGTH 66.75" 1 Bl Extend the primary action area to a 66.75" length (Relocates the CPR seat), per the #5 dwg. dimensions. 50-10-0706 DRAWER-SLIDE-OUT /WRITING TABLE STREETSIDE INTERIOR (#5) 1 Bl Install a slide-out drawer with hinged plexi-glass writing table in the street side (#5) wall beside the attendant seat to non-standard specific dimensions IATS, per# 5 dwg. Drawer secured with locking sta inl ess steel flush pull latch . 50-10-0918 COUNTER TOP -RECESSED ALUMINUM -POLYCHROMATIC SPRAY COATED Bl Recessed Zolatone countertop to be Camille White (Express style) 50-20-0010 CABINET DOORS-LOWER FRONT WALL-ETCHED ACRYLIC Bl 50-20-0276 CABINET -FRONT WALL, #1 1 Bl Install upper cabinet #1 with acrylic door with locking flush pull latch and one adj shelf 50-20-0276 CABINET-FRONT WALL, LOWER #2 50-20-0504 PARTITION DOORWAY -WITH SLIDING DOOR Bl A sliding door with fixed acrylic window shall be installed in the partition between the patient compartment and the cab of the chassis IPOS, per dwg. # 6 & # 7. The door shall sfide into a pocket created behind the cab passenger seat area within the front wall. The door shall latch in the closed position and utilize a large friction catch in the open position . 50-30-0131 CABINET-RIGHT WALL, BEHIND SQUAD BENCH (2) 1 Bl Two (2) cabinets (#1 & #2) shall be installed above the squad bench in place of the fluorescent lights. per dwg. # 6. Each cabinet shall be enclosed with one (1) top hinged acrylic doors with hold opens, secured with locking stainless steel flush pull latches and equipped without shelving . 50-50-0102 ATIN SEAT-EVS HiBAC, INTEGRAL CHILD , SWIVEL BASE 1 Bl Seat, Attendant -EVS high back, integral child seat, installed on a swivel base, 11 Seat, CPR -lift up seat cushion , storage underneath. An automatic latching fastener shall be installed to secure the CPR seat lid in the closed position . IPOS Delete rounded comer rear of CPR Seat-make seat space as large as possible without modifying OSS#3 dimensions . Install pad on 90-degree corner 50-50-0529 SQUAD BENCH LID-SPLIT WITH SHARPS TRASH ACCESS The squad bench lid and cushion shall be split into two sect ions so that each section can be opened independently IPOS, per dwg #6. Provisions shall be made for the sharps and trash containers to be at the head of the bench. Sharps storage to accommodate Customer Supplied container IPOS. Sharps drop in and waste accessed through a hi nged acrylic lid. (There is a new mold being made for this option) To remove containers must lift sq bench cushion . The center bench section shall have interior storage access, per dwg. #6 & #9, and the rearward bench section shall have inside/outside access to the #5 OSS compartment per dwg #4  Automatic locking, retractable seat belts shall be provided for three (3) people while seated on the squad bench or for one (1) person lying down with three (3) seat belt straps located on the base, per dwg #6. 50-50-0541 HOLD OPENS-SQUAD BENCH LID-GAS CYLINDERS 50-60-0017 ASPIRATOR I SUCTION-SSCOR-w/ ELECTRIC PUMP-COUNTER w/ OUTLET-STREETSIDE An SSCOR suction system shall be installed on the action wall counter near the attendanfs seat. The 12 VDC SSCOR electric vacuum pump to be installed in OSS #2 (must use SSCOR pump and tubing). A vacuum outlet and suction control valves shall be installed on the primary action area wall between the 02 outlets , per dwg #5. 50-60-0018 ASPIRATOR/SUCTION -SSCOR VX.-2 PORTABLE-CURBSIDE A SSCOR VX.-2 Portable suction un~ with 12v charger base shall be installed on forward end of the squad bench IATS, per dwg #6 & #8 1 Bl 1 Bl 1 Bl 50-60-0030 ASSIST HANDLES, 'V STAINLESS STEEL, (1)BLACK URETHANE (2) AUSTIN "D" 1 Bl Assist handles shall be provided : Two (2)) 1-1/4" diameter stainless steei'V' handles, one (1) on each rear passage door Two (2) 10-7/8" black vulcanized rubber with steel core assist handle installed on the curbside -one (1) at the curbside doorway , and one (1) on the curbside sliding door. Two (2) Austin "D" handles at the rear doorway. 50-60-0154 COT FASTENER-STRYKER SINGLE-SIDE POSITION 50-60-0155 POWERLOAD SYSTEM , STRYKER CENTER POSITION Install the Stryker Powerload System IPOS. The cot mount to include the opt ional mini clamp rail. Locate in center, but mount as far forward as allowed by Stryker instructions. Reference drawing , but will depend on measuerment from rear step. There is a new template created for #6142/43 . See Terry D for layout. A relay will be installed to allow the charging of the system when the unit is plugged into shoreline or is running. 50-60 -0220 EMBLEMS I SIGNS-REAR PATIENT COMPARTMENT 50-60-0256 EXHAUST VENTILATOR, 3-SPEED -MULTIPLEX ELECTRIC SYSTEM -CU RBS IDE Relocate exhaust ventilator to curbside rear, per #6 dwg. Bl Bl 11 /06 /2014 p PART NO DESCRIPTION QTY 10 50-60 -0300 50-60-0301 50-60-0322 50-60-0351 50-60-0391 50-60-0424 50-60-0430 50-60-0431 50-60-0492 50-60-0590 50-60-0613 50-60-0629 50-60-0640 50-60-0660 50-60-0661 50-60-0685 50-60-0720 50-60-0732 50-60-0740 50-60-0761 50-60-0820 50-60-0883 FLOOR CONSTRU CTION -PAT IEN T COMPARTMENT, NON -WOOD COMPO SI T E FLOORING-COVE GLOVE DISPENSER -(3) BOX-ABOVE ENTRY DOOR -CURBSIDE Install a (3) glove box holder in the headpad above the curb door. GRAB RAILS, 1-1/4" DIAMETER , (96") OVER COT & (64") SQ BENCH Install 64" grab rail over the squad bench area IATS (2010 std) HEADLINER-REAR PATIENT COMPARTMENT HEAT/AIR CONDITIONING, HOSELINE FT454 6X2 Install a Hoseline FT454 6x2 Heat/AC System in the upper front wall area. IV HANGERS -CEILING RECESSED-CAST PRODUCTS #IV2008-1 (2) IATS Two (2) Cast Products #IV2008-1 recessed, dual, ceiling I.V. hangers IATS, per dwg 9. IV HANGERS-CEILING RECESSED -CAST PRODUCTS #IV2008-1 (2) Two (2) Cast Products #IV2008-1 recessed, dual, ceiling I.V. hangers shall be provided and installed IPOS per the #9 dwg. layout. LONCOIN II FLECKS, NON-SLIP EMBOSSED COIN -ONYX #150 The floor in the patient compartment shall be covered with Lonseal brand "Loncoin II " non-slip , (embossed coin) Onyx #150 NET , SQUAD BENCH -CURBSIDE INTERIOR (RED) Net, Squad Bench -red shall be installed at the head of the squad bench. See dwg #8 OXYGEN OUTLETS (1) WALU(2)CEILING-OHIO MEDICAL TYPE (1) in Action area (2) in ceiling FLOW METER, OXYGEN -THORPE STYLE One (1) Thorpe style oxygen flow meter shall be shipped loose with the completed vehicle . (Braun #15920) OXYGEN SYSTEM, ELECTRIC -MULTIPLEX ELECTRIC SYSTEM Install Electric Oxygen system IPOS manual (this includes bypass) PADDED EDGING PROTECTION PADS, HEAD AND BACK RADIO SPEAKERS, REAR HEAD PAD (OEM RADIO & ACP FADER CONTROL) Two (2) stereo speakers shall be installed in the upper rear head pad. The fader control for the rear speakers shall be provided through the OEM radio and a fader control located in the ACP . STAINLESS STEEL WALL PROTECTION-SQUAD BENCH BASE Install stainless steel panel on the face of the squad bench base, and extend up to the bottom of the squad bench lid . DOOR PANELS-MODULE PASSAGE DOORS-ZOLATONE Interior rear and curbside passage door panels to be aluminum Zolatone sprayed to match interior color IPOS, per dwg . # 6 & # 8. (Total 3). STAINLESS STEEL PROTECTOR -PASSAGE DOORS-LOWER DOOR PANELS A stainless steel panel shall be installed on the interior lower portion of each passage door. The top of the stainless steel shall be installed beneath the upper door panel. STAINLESS STEEL WALL PROTECTION -INTERIOR STREETSIDE TURTLE T ILE -SKID-RESISTANT MAT, CURBSIDE STEPWELL UPHOLSTERY-RENAISSANCE-ICE BLUE #9207 All cushion, head pads, door panels, and seating surfaces shall be covered with Spradling 1 B l 1 81 1 Bl Bl Bl Bl 1 Bl Bl 1 Bl 1 Bl Bl 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 1 Bl 13 50-SP-0001 SHARPS, DROP-IN -STREETSIDE COUNTER TOP-CUSTOMER SUPPLIED CONTAINER A drop-in cut-out for a customer supplied sharps container shall be provided in the primary action area counter top between the lower cabinet and the writing drawer IATS, per dwg #5 (no lid, no strap, just drop in sharps container ) *NOTE* We only received one (1) Customer Supplied Sharps container. 50-SP-0002 ATTENDANT SEAT LOCATION Adjust the seat location to std dimension from head end of cot to meet KKK specification. See attached drawing. 50-SP-0004 WARNING SYSTEM, SEAT BELT MONITORING (NFPA COMPLIANT) 60-01-0001 60-01-0003 60-01-0004 60-10-0108 60-10-0110 60-20-0301 A NFPA compliant seat belt monitoring/warning system shall be installed in the patient compartment seating area(s) IATS. PPG PAINT PROCEDURE CLEAR COATING-MODULE PAINT BUFFING, PAINT-MODULE CAB-OEM PAINT PAINT MODULE ALL ONE SOLID COLOR, PLUS CLEAR COAT The entire module shall be sprayed one-color and then clear coated. Lime Green NAV5J39 Pierce #304 Green to match the chassis color CHEVRON STRIPING-FULL REAR (NFPA COMPLIANT) Red/yellow NFPA compliant chevron striping full rear of the ambulance module, per attached dwg. Included with graphics package 1 Bl 1 Bl Bl Bl Bl Bl Bl 1 Bl 60-20-0510 SCOTCHLITE STRAIGHT STRIPE, 10" WIDE ON CAB AND MODULE 1 Bl A ten (1 0) inch wide white reflective scotchlite stripe shall be installed straight around the cab and module. 2" wide blue reflective pin stripes shall be installed one-inch off the top and bottom of the white stripe. (Dk Blue# 280-75). Included with graphics package 60-30-0200 DOOR REFLECTIVITY Bl 60-SP-0001 LETTERING AND GRAPHICS-PROVIDED/INSTALLED Bl Graphics and lettering provided, per Department specifications, per attached layout. 80-10-0101 KKK-A-1822F COMPLIANCE Bl 80-20-0001 VEHICLE MANUALS (1) PACKAGE SET Bl One (1) Delivery Manual Package shall be supplied with the vehicle, and shall include the following items: Ambulance manufacturer parts, service and operation manuals OEM chassis owner's guide Complete 12 VDC and 125 VAC wiring schematics for all included standard and optional systems Multiplex Electrical system programming -electronic media 90-10-0002 WARRANTIES 1 Bl MANUFACTURER WARRANTIES: The ambulance manufacturer shall provide Warranty coverage as follows: No Exceptions A. Structural Module Warranty -Limited Life Time B. Ambulance Conversion Warranty-2 Years/30 ,000 Miles C. Electrical Warranty (Multiplex-based systems)-7 Years/84,000 Miles D. PPG Paint Warranty -This warranty covers the areas of the ambulance body finished with specified PPG products for a period of 7 years or 84 ,000 miles which ever occurs first, from the date the vehicle is delivered to the owner. The first four years or 48 ,000 miles are covered at 100% parts and labor. The fifth year or up to 60,000 miles is covered at 75% parts and labor , and the sixth and seventh years or up to 84 ,000 miles are covered at 50% parts and labor . Paint repairs must be pre-approved by Braun/PPG and performed by an authorized PPG facility . NOTE : response . Copies of these Warranties shall be provided to the purchaser in the bid C0-03-0000 CHANGE ORDER #3 -CUSTOMER SUPPLIED MOP & FAN IN CONSOLE 1. Install customer supplied MOP and fan in console to match West Palm units. C0-04-0000 CHANGE ORDER #4-CUSTOM SUPPLIED ANTENNAS Install customer supplied antennas (3) (match unit #6142/43 C0-05-0000 CHANGE ORDER #5 -see notefield Match changes to unit #6142 & #6143 1) Install heat/ac & OEM radio in console matching #6142 2) Customer supplied computer mount to be installed on passenger side of console. To be installed so that the computer mount can swing without hitting the dash 3) Remove battery switch 5) Install MOP behind passenger seat but so battery and wiring can be easily accessed for servicing 6) No back-up over-ride button 7) WiFi hot spot to be installed on drivers side of console on outside of console . WiFi antenna mounted on cab roof to run to WiFi ~.:. '· .. _ . < ..... . 4300 ·s· :8·;~,--,:(\\' _ _.,.J,~i'p 4x2 -M L; Sales Proposal For: BRAUN INDUSTRIES, INC. INTERNATIONALe Prepared For: . BRAUN INDUSTRIES, INC. Robert Sherer 1170 Production Dr. Van Wert, OH 45891-9391 ( 419)594 -3391 Reference ID: 4300LP Std day October 08, 2014 Thank you for the opportunity to provide you with the following quotation on a new International truck . I am sure the following detailed specification will meet your operational requirements, and I look forward to serving your business needs. APPLICATION: MISSION: DIMENSION: ENG INE, DIESEL: TRANSMISSION, AUTOMATIC: CLUTCH: AXLE, FRONT NON-DRIVING: AXLE, REAR, SINGLE: CAB: TIRE, FRONT: TIRE , REAR: SUSPENSION, REAR, AIR, SINGLE: PAINT: Model Profile 2016 4300 SBA LP 4X2 (MH025) Ambulance Requested GVWR: 20000. Calc. GVWR: 21000 Calc. Start I Grade Ability: 29 .29% /2.07% @ 55 MPH Calc. Geared Speed: 106.0 MPH Wheelbase: 169.00, CA: 101 .90, Axle to Frame: 63.00 {Cummins ISB 260} EPA 10, 260 HP @ 2400 RPM, 660 lb-ft Torque@ 1600 RPM, 2600 RPM Governed Speed, 260 Peak HP (Max) {Allison 2200_EVS_P} 5th Generation Controls; Close Ratio, 6-Speed, with Double Overdrive: Includes Park Pawl, with PTO Provision, Less Retarder, with 26,000-lb GVW & GCW Max . Omit Item (Clutch & Control) {Dana Spicer E-10021} 1-Beam Type, 9,000-lb Capacity {Dana Spicer 17060S} Single Reduction, 17,500-lb Capacity, 190 VI/heel Ends Gear Ratio: 4.30 Conventional (3) 255/70R22 .5 G661 HSA (GOODYEAR) 566 rev/mile, load range H, 16 ply (4) 255/70R22 .5 G622 RSD (GOODYEAR) 561 rev/mile, load range H, 16 ply {International} Ride Optimized Suspension (IROS): 12,000-lb Capacity, 5.3" Ride Height, With Shock Absorbers Cab schematic 100GA Location 1: 5J39, Pierce 304 Lime Green (Custom) Chassis schematic N/A 2 Proposal: 8087 -01 INTERNATIONAL® Vehicle Specifications October 08, 2014 2016 4300 SBA LP 4X2 (MH025) Code Description F/RWt TotWt (lbs) (lbs) MH02500 Base Chassis, Model4300 SBA LP 4X2 with 169.00 Wheelbase , 101.90 CA, and 6399/2491 8890 63.00 Axle to Frame. 1570 TOW HOOK, FRONT (2) Frame Mounted 8/0 8 1CAA FRAME RAILS High Strength Low Alloy Steel (80,000 PSI Yield); 9 .125" x 3 .062" 11/142 153 x 0 .312" (231 .8mm x 77 .8mm x 8 .0mm) With Trans ition to 6 .500" x 3.062" x 0 .312" (165.1mm x 77 .8mm x 8.0mm) 388.4" (9864mm) Maximum OAL; For LP Chassis ~ : 6 .50" Web He ight in AF Section 1LNN BUMPER , FRONT Full Width, Aerodynamic, Chrome Plated Steel ; 0 .142" Material 010 0 Th ickness 1WAC BUMPER EXTENSION, FRONT 4 .0" 14/-2 12 1WEH WHEELBASE RANGE 134" (340cm) Through and Including 197" (500cm) 0/0 0 2AHY AXLE, FRONT NON-DRIVING {Dana Spicer E-10021} 1-Beam Type, 9,000-lb 26/0 26 Capacity 3AGW SUSPENSION, FRONT, SPRING Parabolic, Taper Leaf; 9 ,000-lb Capacity ; With 59/0 59 Shock Absorbers Includes : SPRING PINS Rubber Bush ings, Maintenance-Free Notes :The following features should be considered when calculating Front GAWR: Front Axles; Front Suspension; Brake System ; Brakes, Front A ir Cam; Wheels ; Tires . 4085 BRAKE SYSTEM, HYDRAULIC {Meritor Wabco} Split System, Full Power, With 0/0 0 Automatic Adjustment And With Four Channel ABS 4732 DRAIN VALVE {Berg} Manual; With Pull Chain , for Air Tank 1/0 Includes : DRAIN VALVE Mounted in Wet Tank 4EBT AIR DRYER {Bendix AD-IP} With Heater 0/0 0 Includes : AIR DRYER LOCATION Inside Left Rail, Back of Cab 4GAS BRAKE, PARKING {Bosch} OSSA Drum Type; 12" x 3", Spring Actuated ; For 0/-3 -3 Hydrau li c Brake Chassis With Air Source; Activated by Parking Brake Knob on Instrument Panel; Differential Mounted Includes : PARKING BRAKE CONTROL Applies Hydraulic Actuated Powered Park Brake 4JN G TRACTION CONTROL, HY DRAULIC Automatic; With Full Power Hy draulic Bra ke 010 0 System 4JNP BRAKES, FRONT, HYDRAULIC DISC Quadraulic; four 70mm Diameter Pistons 010 0 4NNL BRAKES , REAR, HYDRAULIC DISC Quadraulic; four 70mm Diameter Pistons 010 0 4SBL AIR COMPRESSOR {Bendix TU·flo 550} 13.2 CFM Capacity; and Tank for Air 71/2 73 Source on Hydraulic Chassis 4VGA AIR DRYER LOCATION Mounted Outside Right Rail, Forward of Front Wheel 010 0 5708 STEERING COLUMN Tilting 10/0 10 5CAL STEERING WHEEL 2-Spoke, 18" Diam., Black 010 0 5PSA STEERING GEAR {Sheppard M-100} Power 25/0 25 7BHU EXHAU ST SYSTEM Single, Horizontal , Aftertreatment Device Frame Mounted 25 /94 119 Right Side Back of Cab; Includes Vertical Tail Pipe & Guard Includes :EXHAUST HEIGHT 10' Exhaust Height-Based on Empty Chassis with Standard Components(+ or -1" Height) :MUFFLER/TAIL PIPE GUARD Non-Bright Finish 7WBA TAIL PIPE (1) Tumback Type, Bright, for Single Exhaust 010 0 7WBS MUFFLER/TAIL PIPE GUARD (1) Bright Stainless Steel 010 0 7\11/ZX SWITCH , FOR EXHAUST 3 Position, Momentary, Lighted Momentary, ON/ 2/0 2 CANCEL , Center Stable, INHIBIT REGEN , Mounted in IP Inhibits Diesel Particulate Filter Regeneration When Switch is Moved to ON While Engine is Runn ing, Resets When Ignition is Tumed OFF 3 Proposal: 8087-01 INTERNATIONAL® Vehicle Specifications October 08, 2014 201 G 4300 SBA LP 4X2 (MH025) ~ Description F/RWt TotWt (lbs) (lbs) 8000 ELECTRICAL SYSTEM 12-Volt, Standard Equipment 010 0 Includes : BATIERY BOX Steel :DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab :FUSES, ELECTRICAL SAE Blade-Type : HAZARD SWITCH Push On/Push Off, Located on Top of Steering Column Cover : HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever :JUMP START STUD Located on Positive Terminal of Outermost Battery : PARKING LIGHT Integral with Front Turn Signal and Rear Tai l light : STARTER SWITCH Electric, Key Operated :STOP, TURN, TAIL & B/U LIGHTS Dual, Rear, Combination with Reflector :TURN SIGNAL SWITCH Self-Cancelling for Trucks, Manual Cancelling for Tractors, with Lane Change Feature : TURN SIGNALS, FRONT Includes Reflectors and Auxiliary Side Tum Signals, Solid State Flashers; Flush Mounted : WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature (5 Pre-Set Delays), Integral with Turn Signal Lever : WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted :WIRING, CHASSIS Color Coded and Continuously Numbered 8518 CIGAR LIGHTER Includes Ash Cup 1/0 1 8GWY ALTERNATOR {Leece-Neville 14931PAH} Brush Type , 12 Volt 320 Amp. 13/0 13 Capacity, Pad Mount 8HAB BODY BUILDER WIRING Back of Standard Cab at Left Frame or Under Extended 210 2 or Crew Cab at Left Frame; Includes Sealed Connectors for Tail/Amber Tum/ Marl<er/ Backup/Accessory Power/Ground and Sealed Connector for Stop/Tum 8MKL BATIERY SYSTEM {International} Maintenance-Free, (3) 12-Volt 1950CCA Total 38/18 56 8NAA TAIL LIGHT WIRING MODIFIED Includes: \Niring for Standard Lt & Rt Taillights; 012 2 Separate 8.0' of Extra Cable \Niring for Lt & Rt Body Mounted Tail Lights 8RME RADIO AM/FMIWB/Ciock/3MM Auxiliary Input, with Multiple Speakers, With CD 1/0 Player BTHB BACK-UP ALARM Electric, 102 dBA 0/3 3 8VAY HORN, ELECTRIC Disc Style 010 0 8WCL HORN, AIR Black, Single Trumpet, Air Solenoid Operated 2/0 2 8WGL WINDSHIELD WIPER SPD CONTROL Force \Nipers to Slowest Intermittent Speed 0/0 0 When Park Brake Set and Wipers Left on for a Predetenmined Time 8WPB HEADLIGHTS Halogen ; Composite Aero Design for Two Light System; Includes 010 0 Daytime Running lights 8WPH CLEARANCE/MARKER LIGHTS (5) {Truck Lite} Amber LED Lights, Flush 010 0 Mounted on Cab or Sunshade BWPZ TEST EXTERIOR LIGHTS Pre-Trip Inspection will Cycle all Exterior Lamps Except 010 0 Back-up Lights 8WRB HEADLIGHTS ON W/WIPERS Headlights Will Automatically Tum on if\Nindshield 0/0 0 Wipers are turned on 8WTK STARTING MOTOR {Delco Remy 38MT Type 300} 12 Volt; less Thermal Over-010 0 Crank Protection 8'NWJ INDICATOR, LOW COOLANT LEVEL \Nith Audible Alarm 010 0 8XAH CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type Ill With Trip 010 0 Indicators, Replaces All Fuses Except For 5-Amp Fu ses 9HAD GRILLE Chrome 010 0 9HAN INSULATION, UNDER HOOD for Sound Abatement 10/0 10 9HBN INSULATION, SPLASH PANELS for Sound Abatement 210 2 9WAY FRONT END Tilting, Fiberglass, \Nith Three Piece Construction 010 0 10060 PAINT SCHEMATIC, PT-1 Single Color, Design 100 010 0 Includes : PAINT SCHEMA TIC ID LETIERS "GA" 10761 PAINT TYPE Base CoaVCiear Coat, 1-2 Tone 010 0 10771 PAINT CLASS Single Custom Color 0/0 0 4 Proposal: 8087-01 INTERNATIONAL~ Vehicle Specifications October 08, 2014 2016 4300 SBA LP 4X2 (MH025) Code DescriQtlon FIR Wt TotWt (lbs) (lbs) 11001 CLUTCH Omit Item (Clutch & Control) -63/-12 -75 12959 BLOCK HEATER, ENGINE {Phillips} 120 Volt/1250 Watt 210 2 Includes :BLOCK HEATER SOCKET Receptacle Type; Mounted below Drivers Door 12EEU ENG INE, DIESEL {Cummins ISB 260} EPA 10, 260 HP@ 2400 RPM, 660 lb-ft 010 0 Torque@ 1600 RPM, 2600 RPM Governed Speed, 260 Peak HP (Max) 12THT FAN DRIVE {Horton Drivemaster} Direct Drive Type, Two Speed With Residual 25/0 25 Torque Device for Disengaged Fan Speed Includes :FAN Nylon Notes :Recommend Code 12THTwhen using front mount obstructions (winches, cones, reels, etc.) that restrict air flow through the radiator. 12UAW RADIATOR Aluminum ; 2-Row, Cross Flow, Over Under System, 1045 Sqln 37/-1 36 Louvered, With 373 Sqln CAC, With In Tank Oil Cooler Includes ; DEAERATION SYSTEM with Surge Tank :HOSE CLAMPS, RADIATOR HOSES Gates Shrink Band Type; Thermoplastic Coolant Hose Clamps :RADIATOR HOSES Premium , Rubber 12UNK FEDERAL EMISSIONS EPA, OBD and GHG Certified for Calendar Year 2014; 0/0 0 MaxxForce DT Engines 12VBR AIR CLEANER With Service Protection Element 010 0 Includes : GAUGE, AIR CLEANER RESTRICTION Air Cleaner Mounted 12VVY OVER-TEMPERATURE PROTECTIO N (For Engine Coolant) Omit Item 010 0 12VXU THROTILE, HAND CONTROL Engine Speed Control for PTO; Electronic, 0/0 0 Stationary Pre-Set, Two Speed Settings; Mounted on Steering Wheel 12VZA ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body 0/0 0 Builder Installation of PTO Controls; Wrth Ignition Switch Control for MaxxForce and Navlstar post 2007 Emissions Electronic Engines 12WPV OIL PAN 15 Quart Capacity, For Cummins ISB Engines 010 0 12WTA FAN DRIVE SPECIAL EFFECTS Fan Cooling Ring with Fan Shroud Effects, 14/-1 13 Engine Mounted 12WZD EMISSI ON COMPLIANCE Engine Shutdown System Exempt Vehicles , Compl ies 0/0 0 With California Clean Air Regulations 13ATE TRANSMISSION , AUTOMATIC {Allison 2200_EVS_P} 5th Generation Controls; 210 2 Close Ratio, 6-Speed, with Double Overdrive; Includes Park Pawl, with PTO Provision , Less Retarder, with 26,000-lb GVW & GCW Max. Includes :OIL FILTER, TRANSMISSION Mounted on Transmi ssion :TRANSMISSION OIL PAN Magnet in Oil Pan 13WDH WIRING, TRANS, BODY BUILDER Installed Wiring for Transmission/PTa 1/0 Controls , for Allison 1000, 2000, 2100, 2200, 2400, 2500 Series Trans mission 13WLN TRANSMISSION OIL Synthetic; 20 thru 28 Pints 0/0 0 13VVYY SHIFT CONTROL PARAMETERS Allison 1000 or2000 Series Transmissions, 5th 010 0 Generation Controls, Performance Programming 14899 S USPENSION AIR CONTROL VALVE Pressure Release Control In Cab 4/4 8 14AGE AXLE, REAR, SINGLE {Dana Spicer 17060S} Single Reduction, 17,500-lb 0/11 11 Capacity, 190 Wheel Ends . Gear Ratio: 4 .30 ~ :REAR AXLE DRAIN PLUG (1) Magnetic, For Single Rear Axle Notes : The following features should be cons idered when calculating Rear GAWR: Rear Axles; Rear Suspension; Brake System; Brakes, Rear Air Cam; Brake Shoes, Rear; Special Rating, GAWR; Wheels; Tires. 5 Proposal: 8087-01 INTERNATIONAL~ Vehicle Specifications October 08, 2014 2016 4300 SBA LP 4X2 (MH025) Code Description F/RWt TotWt (lbs) (lbs) :When Specifying Axle Ratio, Check Performance Guidelines and TCAPE for Startabiiity and Performance 14TBL SUSPENSION, REAR, AIR, SINGLE {International} Ride Optimized Suspension 0/-12 -12 (IROS); 12 ,000-lb Capacity , 5 .3" Ride Height, With Shock Absorbers Notes : The following features should be considered when calculating Front GAWR : Front Axles; Front Suspension ; Brake System ; Brakes, Front Air Cam ; Wheels ; Tires . 14WMN AXLE, REAR , LUBE {EmGard FE-75W-90} Synthetic Oil; 1 thru 29 .99 Pints 010 0 15SGK FUEL TANK Top Draw; D Style, Non Polished Aluminum, 16" Tank Depth , 50 U.S . 0/0 0 Gal., 189 L Capacity, with Quick Connect Outlet , Mounted Right Side , Under Cab 15WDH DEF TANK 7 U.S. Gal. 26.5L Capacity, Frame Mounted Outside Left Rail , Back of 010 0 Cab 16030 CAB Conventional 0/0 0 Includes : ARM REST (2) Molded Plastic; One Each Door : CLEARANCE/MARKER LIGHTS (5) Flush Mounted :COAT HOOK, CAB Located on Rear Wall . Centered Above Rear Window : CUP HOLDERS Two Cup Holders, Located in Lower Center of Instrument Pane l : DOME LIGHT, CAB Rectangular, Door Activated and Push On-Off at Light Lens , Timed Theater Dimming, Integral to Console , Center Mounted :GLASS, ALL WINDOWS Tinted :GRAB HANDLE , CAB INTERIOR (1) "A" Pillar Mounted, Passenger Side : GRAB HANDLE, CAB INTERIOR (2) Front of "B" Pillar Mounted, One Each Side :INTERIOR SHEET METAL Upper Door (Above Window Ledge) Painted Exterior Color :STEP (4) Two Steps Per Door 16564 HEATER SHUT-OFF VALVES (1) Ball Check Valve Type, Supply Line 210 2 16990 AIR CONDITIONER , PROVISION FOR Accommodation Package, for Air 29/-2 27 Conditioning, Includes (1) SD7 Sanden Auxiliary Compressor in Secondary Compressor Position and Compressor Drive Effects for Vehicle W1th Primary Compressor Mounting 16HBA GAUGE CLUSTER English With English Electronic Speedometer 010 0 Includes : GAUGE CLUSTER (5) Engine 011 Pressure (Electronic), Water Temperature (Electro ni c), Fuel (Electronic), Tachometer (Electronic), Voltmeter : ODOM ET ER DISP LA Y, Mil es , Trip Miles, Engi ne Hou rs , Trip Ho urs , Fault Code Readout :WARNING SYSTEM low Fuel, low Oil Pressure, High Engine Coolant Temp , and Low Battery Voltage (Visual and Aud ible) 16HGH GAUGE, OIL TEMP, ALLISON TRAN 1/0 1 16HHE GAUGE , AIR CLEANER RESTRICTION {Filter-Minder} With Black Bezel Mounted 2/0 2 in Instrument Panel 16HKT IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge 0/0 0 Cluster 16HLJ GAUGE, DEF FLUID LEVEL 0/0 0 16JNT SEAT, DRIVER {National2000} Air Suspension, High Back With Integral Headrest, 210 2 Vinyl, Isolator, 1 Chamber Lumbar, With 2 Position Front Cushion Adjust, -3 to +14 Degree Angle Back Adjust Includes : SEAT BELT 3-Point, Lap and Shoulder Belt Type 16RPV SEAT, PASSENGER {National2000} Air Suspension, High Back With Integral 52/28 80 Headrest, Vinyl, Isolated, 1 Chamber Lumbar, 2 Position Front Cushion Adjustment, -3 to +14 Degree Back Adjust Includes : SEAT BELT 3-Point, Lap and Shoulder Belt Type 6 Proposal: 8087-01 INTERNATIONAL~ Vehicle Specifications October 08, 2014 2016 4300 SBA LP 4X2 (MH025) Code Description F/RWt TotWt (lbs) (lbs} 16SDU MIRRORS (2) {Lang Mekra} Styled; Rectangular, 7.09" x 15.75" & Integral Convex 8/0 8 Both Sides, 1 02" Inside Spacing, Breakaway Type, Thermostatically Controlled Heated Heads, Power Both Sides, Clearance Lights LED, Bright Finish Heads & Brackets 16SEE GRAB HANDLE Chrome; Towel Bar Type With Anti-Slip Rubber Inserts; for Cab 3/0 3 Entry Mounted Left Side Only at "B" Pillar 16VBZ SEAT BELT All Red ; 1 to 3 010 0 16VHG CAB MOUNTING HEIGHT EFFECTS Mid Cab in Lieu of Low Cab Mounting Height 70/-6 64 (Approx. 4") With Cab Air Suspension 16WBY ARM REST, RIGHT, DRIVER SEAT 3/0 3 16WBZ ARM REST, LEFT, PASSENGER SEAT 310 3 16WCT AIR CONDITIONER {Blend-Air} With Integral Heater & Defroster 6516 71 Includes : HEATER HOSES Premium : HOSE CLAMPS, HEATER HOSE Mubea Constant Tension Clamps : REFRIGERANT Hydrofluorocarbon HFC-134A 16WJS INSTRUMENT PANEL Center Section, Flat Panel 010 0 16WJU WINDOW, POWER (2) And Power Door Locks, Left and Right Doors , Includes 5/0 5 Express Down Feature 16WKZ KEYLESS ENTRY SYSTEM REMOTE With Pan ic and Auxiliary Buttons, Includes 2/0 2 One Key Fob (Transmitter) 16WLS FRESH AIR FILTER Attached to Air Intake Cover on Cowl Tray in Front of 1/0 1 Windshield Under Hood 16WRZ CAB INTERIOR TRIM Premium 010 0 Includes : "A" PILLAR COVER Molded Plastic : CAB INTERIOR TRIM PANELS Cloth Covered Molded Plastic, Full Height; All Exposed Interior Sheet Metal is Covered Except for the Following: with a Two-Man Passenger Seat or with a Full Bench Seat the Back Panel is Completely Void of Covering :CAB SOUND INSULATION Includes Dash and Engine Cover Insulators : CONSOLE, OVERHEAD Molded Plastic; With Dual Storage Pockets with Retainer Nets , CB Radio Pocket, Speakers, and Reading Lights : COURTESY LIGHT {2) Mounted In Front Map Pocket Left and Right Side : DOOR TRIM PANELS with Cloth Insert on Bolster Driver and Passenger Doors : FLOOR COVERING Ru bbe r, Black :GAUGE, TEMPERA T URE, AMBIENT Includes Wiring and Sensor With Display Unit Mounted in Cluster : HEADLINER Soft Padded Cloth : INSTRUMENT PANEL TRIM Molded Plastic with Black Center Section : STORAGE POCKET, DOOR (2) Molded Plastic (Carpet Texture), Full-Length; Driver and Passenger Doors : SUN VISOR (3) Padded Vinyl : 2 Moveable (Front-to-Side) Primary Visors, Driver Side with Vanity Mirror and Toll Ticket Strap, plus 1 Auxiliary Visor (Front Only), Driver Side 16WSE LOW WASHER FLUID INDICATOR 1/0 1 26DRA WHEEL, SPARE, DISC 22.5" Painted Steel , 10 Stud (285.75MM BC Hub Piloted) ono 70 8 .25 DC Rim 27DMC WHEELS, FRONT DISC; 22 .5" Polished Aluminum, 10-Stud (285 .75MM BC) Hub -208/0 -208 Piloted, Flanged Nut, Metric Mount, 8 .25 DC Rims; With Steel Hubs Notes : Aluminum Wheels not Painted or Coated : Compatible Tire Sizes: 11 R22.5, 12R22.5, 255/70R22.5, 255/80R22.5, 265n5R22.5, 275nOR22.5, 275/80R22.5, 295n5R22.5, 295/80R22,5 28DRA WHEELS, REAR DUAL DISC; 22.5" Polished Aluminum Outer Wheel, With Steel 0/216 216 lnnerWheel: 10-Stud (285 .75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 8 .25 DC Rims. With Steel Hubs 7 Proposal: 8087-01 INTERNATIONAL• Vehicle Specifications October 08, 2014 2016 4300 SBA LP 4X2 (MH025) Code Description F/RWt TotWt (lbs) (lbs) Notes : Aluminum Wheels not Painted or Coated :Compatible Tire Sizes: 11R22.5, 12R22.5, 255/70R22.5, 255/80R22 .5, 265175R22.5, 275/70R22.5, 275/80R22 .5, 295/75R22.5, 295/80R22 ,5 29007 TiRE, SPARE Equal to Model Standard 0/91 91 Notes : NOTE : Only One Spare Tire per Truck Ordered. Order Must Reflect Number of Tires Required (Including Spare). 10-Digit Tire Code and Spare RimfiNheel Code Must be Specified. 29580 WHEEL SEALS, FRONT {International} Oil-Lubricated Wheel Bearings 010 0 29WLA WHEEL BEARING, FRONT, LUBE {EmGard 50\,N} Synthetic Oil 0/0 0 60ACW BDY INTG,I/0 EXPANSION HARNESS {for Diamond Logic Builder} In-Cab wire 1/0 1 harness (DLB) program only, Includes a harness with five blunt cut wires routed on lower left of instrument panel. Two ground active inputs and two (.5Amp) relay drivers outputs are provided 7752528102 (4) TIRE, REAR 255/70R22.5 G622 RSD (GOODYEAR) 561 rev/mile, load range 0/80 80 H, 16 ply 7752528107 (3) TIRE, FRONT 255170R22 .5 G661 HSA (GOODYEAR) 566 rev/mile, load range 48/0 48 H, 16 ply Services Section: 40109 WARRANTY Standard for Durastar 1000/4000 Series, Effective with Vehicles Built 010 0 January 2, 2014 or Later, CTS-24750 Total Component Weight: 683213219 10051 Furnish and Install Dual Leveling Valve, ping tanks and bump stops 0/0 0 Programming 0/0 0 Furnish Triangle Kit and Fire Extinguisher 0/0 0 Fum ish NC Compressor Tie-In Parts 0/0 0 5 year transmission warranty 010 0 Invoice due 30 days after chassis is delivered 0/0 0 Furnish and install (2) Grover 1510 Stutter tone air hems on chassis fenders 010 0 Furnish and install a 12" frame extention with diamond plate gap filler 010 0 3 Piece closing cross member 010 0 Wire cigar lighter to remain powered. 0/0 0 Drive shaft retainers (2) 010 0 Disable auto door locks 0/0 0 Replace existing batteries with Odyssey model 31-PC2150 batteries 0/0 0 Chrome hub & lug covers 0/0 0 air horn laynard 010 0 A total of (2) key fobs 0/0 0 Replace the (7} Goodyear tires with 255170R 22.5 XZE Michelin tires 010 0 •Note: the listed exhaust (7BHU) will be changed to one that is compatible with 0/0 0 SCR. 8 Proposal : 8087-01 INTERNATIONAL" Vehicle Specifications 2016 4300 SBA LP 4X2 (MH025) Code Description *Configurations & requirements may change due to engineering work & requirements . Quote good until1/1/2015 *This quote is for the Cummins ISB 260 hp eng ine (not the International engine). "This unit will be a 2016 (built in 2015). *Note: Stationary grill (9HBM) is not available with the required mid cab (16VHG) on single mega bracket. Total Goods Purchased; October 08, 2014 F/RWt TotWt (lbs) (lbs) 010 0 010 0 010 0 0/0 0 0/0 0 010 0 The weight calculations Included in this proposal are an estimate of Mure vehicle weight. The actual weight as manufactured may be d ifferent from the estimated weight. Navistar, Inc. shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. 9 Proposal: 8087..01 INTERNATIONAL., Gea r Trans Ratio 1C 3.10 2C 1.81 2L 1.81 3L 1.41 4L 1.00 5L 0.71 6L 0.61 Perfonnance TCAPE Summary 2016 4300 SBA LP 4X2 (MH025) ENGINE/TRANSMISSION MATCHING Margin al Operating Powef Governed Engtne Speed {2000) 85% Operating Rang~(1654) Sawtooth Details Upshift Power Avail Govern Power Avail Below Recommended Mloonum 90% OperatlnQ Range {1792') Actual Vefl*de· Power Peak Power Comparison Veh Spd Eng Spd Veh Spd Eng Spd Gear Step 85% Range 90% Ra nge (MPHl (RPM~ (MPH) (RPM~ (%~ {%~ {%) 0.0 2313 16.0 2443 N/A 57 45 16.0 2313 25 .2 2391 N/A 57 45 25.2 1834 34.7 2525 N/A 57 45 34 .7 1967 44.7 2532 N/A 57 45 44 .7 1796 62 .8 2525 N/A 57 45 62.8 1793 88 .3 2519 N/A 57 45 88.3 2164 106.0 2600 N/A 57 45 11 Oct ober 08 , 2014 Warn Msg Proposal: 8087-01 INTERNATIONALe Performance Results LEVEL ROAD MAXIMUM SPEED HI GEAR SPEED@ RATED RPM 55.0 MPH STEADY-STATE TYPICA L OPERATING SPEED Performance TCAPE Summary 2016 4300 SBA LP 4X2 (MH025) STEADY STATE PERFORMANCE Gear Veh Spd Eng Spd Fuel Econ 5L 6L 6L (mph) 80 .0 55 .0 75.0 (rpm) (mpg) 2283 1349 1839 6.04 10.77 7.03 October 08, 2014 Grade Notes (%) 0.00 2.07 0.27 & -Calculated Grade Ability/Fuel Economy & -MORE HORSEPOWER IS REQUIRED TO MAINTAIN MINIMUM RECOMMENDED LOADED VEHICLE GRADEABILITY OF 0 .5% AT CRUISING SPEED . VEHICLE ORDER CODING ERRORS MAY RESULT IF THE "LEVEL ROAD MAX SPEED" VALUE EXCEEDS THE "HI GEAR SPEED @RATED RPM" AND IS USED AS THE ENGINE PROGRAMMABLE VEHICLE SPEED LIMIT. IF THE RESULTS CONTAIN"--", VEHICLE CANNOT ATIAIN THAT SPEED. IF THE RESULTS CONTAIN"* .. -*", THE ENGINE USED DOES NOT HAVE A FUEL MAP . FUEL ECONOMY CANNOT BE PREDICTED . Recommendations I General Information IDLE FUEL RATE : 0.63 GALS/HR@ 750.0 RPM TORQUE CONVERTER : TC-221 STALL RATIO : 1.73 Fuel Economy Route : Normal Route· City, Suburban, and Highway Key Fuel Economy lnfonnatlon MILES PER GALLON AVERAGE MPH MISSION MINUTES City 8.90 19.2 29.44 Suburban 11 .20 40.1 51 .61 Highway Notes 9.97 54.6 173.25 IF THE RESULTS CONTAIN"*****", THE ENGINE USED DOES NOT HAVE A FUEL MAP . FUEL ECONOMY CANNOT BE PREDICTED . 12 Proposal: 8087-01 INTERNATIONAL'" Perfonnance TCAPE Summary October 08, 2014 2016 4300 SBA LP 4X2 (MH025} GRAOEABILITY PERFORMANCE Enroute ·Full Throttle Upshift Performance Gear Trans Veh Spd Eng Spd Whl Pwr Grade Warn Notes Ratio {ml!h~ {rl!m~ {hi!} {%~ Msg 1C 3.10 0.0 2313 0.00 43.36 STAU 9.6 2314 160.62 32 .31 70% EFF 11 .9 2330 183.25 29 .29 80% EFF 16.0 2443 202 .90 23 .51 2C 1.81 16.0 2313 158.79 18.01 25 .2 2391 200 .58 13.96 2L 1.81 25 .2 1834 205 .38 14.33 34 .7 2525 223 .74 10.65 3L 1.41 34 .7 1967 219.88 10.44 44 .7 2532 222 .52 7.30 4L 1.00 44.7 1796 200.25 6.36 62 .8 2525 221.38 3.17 5L 0.71 62.8 1793 193.87 2.35 74 .2 2118 219 .65 1.00 77.3 2206 221.55 0 .50 80 .0 2284 220 .99 0 .00 LEVEL ROAD 88 .3 2519 213.49 -1 .63 6L 0.61 67 .9 1665 177.79 1.00 72 .8 1784 190.33 0.50 77.5 1900 202 .49 0 .00 LEVEL ROAD 88 .3 2164 217 .39 -1.55 106 .0 2600 203.92 -5.01 RATED RPM STARTING I TOP GEAR PERFORMANCE Gear Trans Veh Spd Eng Spd Whl Pwr Grade Warn Notes Ratio {ml!h! {rl!m! (hi!} ,.k} Mslil 1C 3.10 0.0 0.00 43 .36 STALL 11 .9 183.25 29 .29 80% EFF -Calculated Start Ab ility THE TRANSMISSION WAS SIMULATED IN PERFORMANCE OPERATING MODE. 13 Proposal: 8087-01 INTERNATIONAL~ Perfonnance TCAPE Summary 2016 4300 SBA LP 4X2 (MH025) ACCELERATION PERFORMANCE RESULTS Acceleration Performance Grid Acceleration Performance: TIME TO ACCELERATE ON A GRADE TO 55.0 (MPH) IS 22.35 (SECS) Gear 1C 2C 2L Time (sees) 0.13 0.25 0.38 0.51 0.64 0.78 0 .92 1.07 1.22 1.37 1.53 1.70 1.87 2.06 2.25 2.45 2.46 2 .73 3.01 3 .29 3 .58 3 .88 4 .1 8 4.49 4.81 5.15 5.20 5.53 5.87 6 .21 6 .56 6 .92 Acceleration Performance Details Distance (feet) 0.1 0.4 0.8 1.5 2.4 3.5 4.8 6 .4 8 .3 10.5 12.9 15.8 19.0 22.6 26.7 31.3 31.6 38.1 45.2 52.9 61.2 70.1 79.7 90.0 101.1 113.1 115.0 127.7 140.8 154.7 169.4 185.1 Speed (mph) 1.0 2.0 3.0 4.0 5.0 6.0 7 .0 8 .0 9 .0 10 .0 11.0 12.0 13.0 14.0 15.0 16.0 16.0 17 .0 18.0 19.0 20 .0 21.0 22.0 23.0 24.0 25.0 25.2 26.2 27.2 28 .2 29.2 30.2 Notes 14 October 08, 2014 Proposal: 8087-01 I NTERNATIONAL• ~erform!!D!<!t TCAPE §Ymmf!~ October 08, 2014 2016 4300 SBA LP 4X2 (MH025) Gear Time Distance Speed Notes (•ec•l ''"tl {m~h! 7.29 201.8 31 .2 7.68 219.9 32 .2 8.09 239 .3 33 .2 8.51 260 .3 34 .2 3L 8.73 271.5 34 .7 9.19 295 .1 35 .7 9.66 319.9 36 .7 10 .14 346.1 37 .7 10 .63 373.8 38 .7 11.14 403 .1 39 .7 11 .67 434.3 40 .7 12 .22 467 .5 41 .7 12 .79 502 .9 42 .7 13 .39 540.9 43 .7 4L 14.01 580.7 44.7 14.75 630.0 45.7 15 .50 680.9 46 .7 16 .26 733 .5 47.7 17 .03 787 .8 48 .7 17 .81 843 .9 49 .7 18 .60 902.3 50 .7 19.42 963 .7 51 .7 20.27 1028.4 52 .7 21 .14 1096.6 53 .7 22 .05 1168.6 54.7 . 22 .35 1193.2 55.0 15 Proposal: 8087-01 INTERNATIONALs TCAPE Factors For Vehicle Selected Rear Axle Gear Ratio(s): Vehicle Vocation : Road Surface Type : Enroute PTO: Transmission Mode: Fuel Economy Route : ID Wheel Slip Conditions : Engine Fan Type: Parked PTO: Road Governor/Cruise Ctrl : Acceleration Grade (%): Alternator (A): Frontal Area (FT2): Air Compressor (HP): Vehicle Height (IN): Steering Gear (HP): Air Conditioner (HP): Weight on Drive Ax le (LBF): Acceleration Vehicle Spd (MPH): Speed Limit on Route (MPH): Vehicle Width (IN): Relative Drag Coefficient: TIRE, FRONT TIRE, REAR Components Performance TCAPE Summary 2016 4300 SBA LP 4X2 (MH025) REQUIRED TCAPE INFORMATION 4 .3 GENERAL ON HIGHWAY TYPICAL NO Performance Normal Route-City, Suburban , and Highway Yes VISCOUS NO No 0 .0 40 96 2.20 144 2 .60 3.20 17500 55.0 61 .0 96 85 2 -RADIAL LOWPROFILE 4 -RADIAL LOWPROFILE AXLE, FRONT NON-DRIVING {Dana Spicer E-10021} 1-Beam Type, 9 ,000-lb Capacity October 08, 2014 0002AHY 0004SBL 0005PSA 0008GVVY 0012EEU AIR COMPRESSOR {Bendix Tu-Fio 550} 13.2 CFM Capacity; and Tank for Air Source on Hydraulic Chassis STEERING GEAR {Sheppard M-100} Power 0012THT 0013ATE 0014AGE 0016030 0016WCT 07752528102 AlTERNATOR {Leece-Neville 14931 PAH} Brush Type , 12 Volt 320 Amp. Capacity, Pad Mount ENGINE , DIESEL {Cummins ISS 260} EPA 10, 260 HP@ 2400 RPM, 660 lb-ft Torque@ 1600 RPM , 2600 RPM Governed Speed, 260 Peak HP (Max) FAN DRIVE {Horton Drivemaste r} Direct Drive Type, Two Speed With Res idual Torque Device for Disengaged Fan Speed TRANSMISSION , AUTOMATIC {Allison 2200_EVS_P} 5th Generation Controls ; Close Ratio, 6-Speed , with Double Overdrive ; Includes Park Pawl , with PTO Provision, less Retarder, with 26,000-lb GVW & GCW Max. AXLE, REAR, SINGLE {Dana Spicer 17060S} Single Reduction, 17,500-lb Capacity, 190 Wheel Ends CAB Conventional AIR CONDITIONER {Blend-Air} With Integral Heater & Defroster TIRE, REAR 255/70R22 .5 G622 RSD (GOODYEAR) 561 rev/mile, load range H, 16 ply 255/70R22.5 G622 RSD (GOODYEAR) 561 rev/mile, load range H, 16 p ly 07752528107 TIRE, FRONT 255/70R22.5 G661 HSA (GOODYEAR) 566 rev/mile, load range H, 16 ply 255/70R22.5 G661 HSA (GOODYEAR) 566 rev/mile, load range H, 16 ply TCAPE HAS BEEN DESIGNED TO GIVE ECONOMY AND PERFORMANCE PREDICTIONS WHICH HAVE BEEN SHOWN TO BE TYPICAL FOR MOST OPERATIONS. HOWEVER, DUE TO OPERATING CONDITIONS, DRIVER INFLUENCES, AND OTHER FACTORS, YOUR RESULTS MAY VARY FROM THOSE PREDICTED . ALSO, BECAUSE OF FUEL MAPPING PROCEDURES USED BY VARIOUS ENGINE MANUFACTURERS, COMPARISONS OF FUEL ECONOMY RESULTS FOR DIFFERENT BRANDS OF ENGINES MAY VARY FROM THOSE SHOWN. NAVISTAR, INC. SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARE INCURRED BY DEALER OR BY DEALER'S CUSTOMERS AS A RESULT OF RELIANCE ON TCAPE, WHETHER THE CLAIM IS IN CONTRACT,TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. 16 Proposal : 8087-01 INTERNATIONAL® Turning Radius Summary 2016 4300 SBA LP 4X2 (MH025) October 08, 2014 I I I , I ( I I I I I I , , -~ ... ---........... '~ ... ... .. , " ~ ' ' ' ~ \ ' \ \ I I < I I I I I I I I I Tuming ....--::-::-:--::-::-1 1 1 ,1<+-------ffi-23' 9"1 ,1 I , Radius: .,1 1 I I I I I I d,CurD It : :,. 'P Clearence&l 24' 2"1 : : : t I I I 1 I ~w~ ~~ ,.. cp I 25' 4" I I I I de-eel . I I I I I ~ TRCR & c:l 14.~•1 lot--c --iiO/ CI:I 5 ,36 J CR~r---7-2 4-:-:-,-::-2-:-,"J CH:I 6 " I TR:I 23' 9" I TW:I 10.00 I Series: Model: Description: Model Year: 4000 MH025 4300 SBA LP 4X2 2016 Calculation Factors Wheelbase : Front Axle: 169 0002AHY Description: AXLE, FRONT NON-DRIVING, {Dana Spicer E-10021} 1- Beam Type, 9,000-ib Capacity Front Wheel : 0027DMC Description : WHEELS , FRONT, DISC; 22.5" Polished Aluminum , 10-Stud (285.75MM BC) Hub Piloted , Flanged Nut, Metric Mount, 8.25 DC Rims; W ith Steel Hubs Front Tire : 077 52528107 Description : TIRES , 255/70R22.5 G661 HSA (GOODYEAR) 566 rev/ mile, load range H , 16 ply 0005PSA Steering Gear. Description: STEERING GEAR, {Sheppard M-100} Power Turning Radius Statistics General information Inside Turn Angle: Radial Overhang : Axle Information K ingPin Inclination: Ki ngP in Center. 50 Degrees 19 5 .5 Degrees 69 Turning Radius -Curb View C -Curb Contact Length: Cl -Curb Clearance Increment: CR -Curb Clearance Radius : CH -Curb Height: TR -Turning Radius: TW -Tire Width : 14.54 5.36 24'2" 6" 23'9" 10.00 *All Measurements are in inches, unless otherwise specified. This information is based on engineering information available at this time . Actua l fig ures may vary. Nav istar, Inc. cannot accept liability for consequences due to this variance. 17 Proposal: 8087-01 BEL TUNE 10 "3M68D-1 0 WHITE REFL 2''3M6BD-75 OK BLUE REFL WITH I " VOID PERFORATED ---WINDOW FILM LETTERING SIGNGOLD LG ENG TURN WITH 3M68D-75 OK BLUE REFL. GREEN VINYL BACKGROUND FOR UNIT NUMBERS NON·REFL. TO MATCH CLOSE AS POSSIBLE PBS .__ __ __.I OPER. INSP. QA INSP.!.__ __ __, DRAWING IS FOR VISUAL PURPOSE ONL Y. OPENINGS , HARDWARE AND BODY CONTOURS MAY VAR Y AFFECTING OUTCOME OF FINAL LA YOUT . THIS DESIGN & ENGINEERING IS SUBMITTED AS OUR PROPOSAL AND IS TO REMAIN OUR PROPERTY EXCLUSIVELY UNTIL ACCEPTED AND APPROVED BY PURCHASE © COPYRIGHT 2013 AUTHORIZATION SIGNATURE - DRAWI NG BY : MARKS. CUSTOMER: PALM BEACH GARD ENS JOB# DATE: 9-27-13 REV. 9-27-13 Resolution 3, 2015 EXHIBIT "B" SALES ORGANIZATION: LESSEE: TYPE OF EQUIPMENT: EQUIPMENT COST: CUSTOMER DOWNPAYMENT: TRADE-IN: DELIVERY TIME: PAYMENT MODE: FIRST PAYMENT DUE DATE : LEASE COMMENCEMENT DATE: December 9, 2014 Ten-8 -Shawn City of Palm beach garde ns One (1) 2014 Braun Supe r Chief Type I Me diu m Duty $309,101.00 $0 .00 $19,000 .00 Std de li very An n ual In Arrears 1 Year After Lease Com m ence m en t Upon contract signing with Pierce Term Number of Payments Payment Amount 6 years 6 annual $53,268.28 The ab ove listed payment (s) reflect all program d1sco unts ava il able excl us ivel y thro ug h Os hko sh Ca p1tal. Th ere are no clo s1ng costs or documentation fees associated with the com pletion of this fin anci ng. NOTE: All lease documents must be fully executed within 14 days of the date of this proposal. Failure to receive completed documents may alter the final payment schedule due to changes in rates and/or discounts. TYPE OF FINANCING: Tax-exe mpt Lease Purchase Agreeme nt with a $1.00 buy out option at end of lease term . Said agreement shall be a net lease arra ng em ent wh ereby lessee is respons ible for all co sts of ope rati on, ma intena nce , ins urance , and taxes . ESCROW FUNDING: For the non Pierce apparatus, at lease closing, Oshkosh Capital will fund an escrow account from which disbursements will be made to the equipment providerlsl upon receipt of a Requisition Request and Certificate of Acceptance from Lessee. Escrow agent will either be Lessor or third-partv provider selected by Lessor and approved by Lessee. All escrow earnings will be for the benefit of Lessee. There is a $250.00 for the escrow set-up. BANK QUALIFICATION: This proposal assumes that the lessee will not be is suing mo re than $10 million in tax-exempt debt this calendar year. Furthermo re , it is assumed that the lessee will desig nate this issue as a qua lifi ed tax-e xempt obligation per the tax act of 1986. LEGAL TITLE: Legal title to the eq uipme nt during the lease term shall vest in the lessee , with Oshkosh Capital perfecti ng a first security in te res t AUTHORIZED SIGNORS: Th e lessee's govern ing board shall provide Oshkosh Capital with its resolution or ordinance authorizing this ag reem ent and sha ll des igna te the individual(s) to execute all necessary docu ments used therein . LEGAL OPINION : The lessee's counsel shall furnish Oshkosh Capital with an opinion covering this tran saction and the documents used herei n. Th is opin ion shall be in a form and substance sat isfactory to Oshkosh Capital. VOLUNTEER FIRE DEPARTMENTS: If Lessee is a Volunteer Fire Dep artme nt , a public hearing under the requirements of Section 147(f) of the Intern al Revenue Code of 1986 shall be conducted to authorize t his trans action . It is recom me nded that a notice of the public hearing be pub lished 10 to 14 days in advance of the public hearing. This propos al will be valid for fourteen (14) days from the above date and Is s ubject to final credit approval by Oshkosh Capital and approval of the lease documents I n Oshkosh Cap ital's sole discretion. To re nder a credit decision, les see shall provide Oshkosh Capital with their most recent two years' audited financial statements, copy of their most recent interim financial statement, and current budget Accep ted by: Lessee Date Proposal submitted by : ~~ D D S HKD BH C AP ITAL' Kim Si mon Kim .Simon@oshkoshcapital.com Oshkosh Capital I LocB3-B230-05-07 1155 East Broad St I Columbus, OH 43215 1 Ph: (800) 820-9041 , ext. 1 1 Fax: (800) 678-0602 Resolution 3, 2015 EXHIBIT "C" ESCROW RIDER Dated As of February 16, 2015 Lease Schedule No . 187291000 Dated February 16,2015 MASTER LEASE-PURCHASE AGREEMENT DATED D ECEM BE R 6, 20 1 1 LESSEE: CI TY OF P A LM B EACH GARDENS Reference is made to the above Lease Schedule ("Schedule") to the Master Lease-Purchase Agreement identified in the Schedule ("Master Lease") by and between Oshkosh Capital ("Lessor") and the above lessee ("Lessee"). As used herein, "Lease" shall mean the Schedule and the Master Lease, but only to the extent that the Master Lease related to the Schedule. This Addendum amends and modifies the terms and conditions of the Lease and is hereby made a part of the Lease. Unless otherwise defined herein , capitalized terms defined in the Master Lease shall have the same meaning when used herein. NOW , THEREFORE, as part of the valuable consideration to induce the execution of the Lease , Lessor and Lessee hereby agree to amend the Lease as follows: 1. "Escrow Agreement " means the Escrow Agreement relating to a Schedule, dated the Commencement Date under such Sc hedule and substantially in the form attached to this Master Lease, among Lessor, Lessee and the escrow agent therein identified, with respect to the Escrow Fund established and to be administered thereunder. "Escrow Fund " means the fund of that name established pursuant to an Escrow Agreement. 2. Lessee and Lessor together with a mutually acceptable escrow agent agree to enter into an escrow agreement (Escrow Agreement") establishing a fund ("Equipment Acquisition Fund") from which the Purchase Price of the Equipment will be paid. The terms and conditions of the Escrow Agreement shall be satisfactory in form and substance , to Lessor and Lessee . 3. In order to provide financing to pay the costs to acquire and install the Equipment(" Total Amount Financed'') as described in a Schedule , Lessor and Lessee hereby agree to execute and deliver an Escrow Agreement relating to such Schedule on the date on which the Funding Cond itions for such Schedule are satisfied as provided in Section 5.3. If Lessee signs and delivers a Schedule and an Escrow Agreement and if all Funding Conditions have been satisfied in full, then Lessor will deposit or cause to be deposited into an Escrow Fund under the related Escrow Agreement an amount (which may include estimated investment earnings thereon) equal to the Purchase Price for the Equipment to be financed under the related Schedule. 4 . Lessee shall , at its sole expense , arrange for the transportation , delivery and installation of all Equipment to the location specified in the Schedule ("Location ") by Equipment suppliers ("Suppliers ") selected by Lessee. Lessee shall accept Equipment for purposes ofthe related Lease as soon as it has been delivered and is operational. Lessee shall evidence its acceptance of any Equipment by signing and delivering to Lessor a Certificate of Acceptance in the form and manner required by the applicable Escrow Agreement. 5. If a Non-Appropriation Event or an Event of Default occurs prior to Lessee's acceptance of all the Equipment under the related Schedule, the amount then on deposit in the Escrow Fund shall be applied to prepay the unpaid principal component of the Rent Payments in whole on the first business day of the month next succeeding the occurrence of either such Event plus accrued interest to the prepayment date; provided, however, that the amount to be prepaid by Lessee pursuant to this Section 5 shall first be paid from moneys in the related Escrow Fund and then from Legally Available Funds and other moneys available for such purpose as a result of the exercise by Lessor of its rights and remedies under the related Schedule. Any funds on deposit in the Escrow Fund on the prepayment date described in this Section 5 in excess of the unpaid principal component of the Rent Payments to be prepaid plus accrued interest thereon to the prepayment date shall be paid promptly to Lessee. 6. To the extent that Lessee has not accepted items of Equipment before the eighteen-month anniversary of the Commencement Date identified on the related Schedule, the amount then on deposit in the related Escrow Fund shall be applied to prepay the unpaid principal component of the Rent Payments in part, in inverse order of Rent Payments, on the first business day of the next month plus accrued interest to the prepayment date; provided, however, that the amount to be prepaid by Lessee pursuant to this Section 6 shall first be paid from moneys in the related Escrow Fund and then from Legally Available Funds. Notwithstanding any such partial prepayment, the related Schedule shall remain in full force and effect with respect to the portion of the Equipment accepted by Lessee during such eighteen-month period, and the portion of the principal component of Rent Payments remaining unpaid after such prepayment plus accrued interest thereon shall remain payable in accordance with the terms of the related Schedule. Upon Lessor's request, Lessee shall execute an amendment to the related Payment Schedule that reflects the change to the Rent Payments as a result of such partial prepayment. 7. As collateral security for Lessee's obligations to pay all Rent Payments and all other amounts due and payable under each Lease and to perform and observe all covenants, agreements and conditions (direct or indirect, absolute or contingent, due or to become due or existing or hereafter arising) of Lessee under such Lease, Lessee hereby grants to Lessor a first priority, exclusive security interest in any and all of the Equipment (now existing or hereafter acquired) under each Lease, moneys and investments held from time to time the Escrow Fund under each Escrow Agreement and any and all proceeds of any of the foregoing. Lessee agrees to execute and deliver to Lessor all necessary documents to evidence and perfect such security interest, including, without limitation, Uniform Commercial Code (UCC) financing statements and any amendments thereto and certificates of title or certificates of origin (or applications thereof) noting Lessor's interest thereon. 8. The Lease Term of the Lease shall commence on the earlier of the date specified in the Payment Schedule to the Lease or the date of Lessor's deposit of funds into the Equipment Acquisition Fund. Notwithstanding the statements regarding delivery and acceptance of the Equipment in the Schedule, the parties acknowledge that the Equipment will be delivered or installed as provided in the Escrow Agreement. -2- 9. The delivery of documents and the satisfaction of any other conditions required by the Escrow Agreement or this Addendum shall be additional Funding Conditions for the Lease. 10. Upon Lessee's execution ofthe Escrow Agreement, Lessee hereby represents and warrants to Lessor that: (a) Lessee has full power, authority and legal right to execute and deliver the Escrow Agreement and to perform its obligations under the Escrow Agreement, and all such actions have been duly authorized by appropriate findings and actions of Lessee's governing body; (b) the Escrow Agreement has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligations of Lessee, enforceable in accordance with its terms; and (c) the Escrow Agreement is authorized under, and the authorization, execution and delivery of the Escrow Agreement complies with, all applicable federal, state and local laws and regulations (including, but not limited to, all open meeting, public bidding and public investment (laws) and all applicable judgments and court orders. 11. The opinion of Lessee's legal counsel will include statements to the same effect as the representations of Lessee in paragraph 6 above. 12. It shall be an additional event of default under the Lease if lessee fails to pay or perform any of its obligations under the Escrow Agreement or this Addendum or if any of the representations of Lessee in the Escrow Agreement or this Addendum prove to be false, misleading or erroneous in any material respect. Except as expressly amended by this Rider and other modifications signed by Lessor, the Lease remains unchanged and in full force and effect. IN WITNESS WHEREOR, the parties hereto have executed this Rider as of the date first referenced above. City of Palm Beach Gardens (Lessee) By: ---------------------TITLE: __________ _ Oshkosh Capital (Lessor) By ______________________ _ TITLE: ___________ _ -3- ~-~~--------------------------- ESC RO W AGREEMENT THIS ESCROW AGREEMENT ("Escrow Agreement") is made as of February 16, 2015 by and among OSHKOSH CAPITAL ("Lessor"), City of Palm Beach Gardens ("Lessee") and U.S. BANK NATIONAL ASSOCIATION, as escrow agent ("Escrow Agent"). Lessor and Lessee have heretofore entered into that certain Master Lease-Purchase Agreement dated as of December 6, 2011 (the "Master Lease") and a Lease Schedule 187291000 thereto dated Feruary 16, 2015 (the "Schedule" and, together with the terms and conditions of the Master Lease incorporated therein, the "Lease''). The Lease contemplates that certain equipment described therein (the "Equipment") is to be acquired from the vendor(s) or manufac.turer(s) thereof. After acceptance of the Equipment by Lessee, the Equipment is to be leased by Lessor to Lessee pursuant to the terms of the Lease. The Lease further contemplates that Lessor will deposit an amount equal to the anticipated aggregate acquisition cost of the Equipment (the "Total Amount Financed"), being $290,101.00, with Escrow Agent to be held in escrow and applied on the express terms set forth herein. Such deposit, together with all interest and other additions received with respect thereto (hereinafter the "Escrow Fund") is to be applied to pay the vendor(s) or manufacturer(s) of the Equipment (the "Vendor") its invoice cost (a portion of which may, if required, be paid prior to final acceptance of the Equipment by Lessee); and, if applicable, to reimburse Lessee for progress payments already made by it to the Vendor of the Equipment. The parties desire to set forth the terms on which the Escrow Fund is to be created and to establish the rights and responsibilities of the parties hereto. Now, THEREFORE, in consideration ofthe sum ofTen Dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. (a) Escrow Agent hereby agrees to serve as escrow agent upon the terms and conditions set forth herein. (b) The moneys and investments held in the Escrow Fund are irrevocably held in trust for the benefit of Lessee and Lessor, and such moneys, together with any income or interest earned thereon, shall be expended only as provided in this Escrow Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of either Lessee or Lessor. Lessor, Lessee and Escrow Agent intend that the Escrow Fund constitute an escrow account in which Lessee has no legal or equitable right, title or interest until satisfaction in full of all conditions contained herein for the disbursement of funds by the Escrow Agent therefrom. However, if the parties' intention that Lessee shall have no legal or equitable right, title or interest until all conditions for disbursement are satisfied in full is not respected in any legal proceeding, the parties hereto intend that Lessor have a security interest in the Escrow Fund, and such security interest is hereby granted by Lessee to secure payment of all sums due to Lessor under the Lease. For such purpose, Escrow Agent hereby agrees to act as agent for Lessor in connection with the perfection of such security interest and agrees to note, or cause to be noted, on all books and records relating to the Escrow Fund, the Lessor's interest therein. 2. On such day as is determined to the mutual satisfaction of the parties (the "Closing Date"), Lessor shall deposit with Escrow Agent cash in the amount of the Purchase Price, to be held in escrow by Escrow Agent on the express terms and conditions set forth herein. -4- On the Closing Date, Escrow Agent agrees to accept the deposit of the Purchase Price by Lessor, and further agrees to hold the amount so deposited together with all interest and other additions received with respect thereto, as the Escrow Fund hereunder, in escrow on the express terms and conditions set forth herein. 3. Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that express purpose, which shall be clearly identified on the books and records of Escrow Agent as being held in its capacity as Escrow Agent. Securities and other negotiable instruments comprising the Escrow Fund from time to time shall be held or registered in the name of Escrow Agent (or its nominee). The Escrow Fund shall not, to the extent permitted by applicable law, be subject to levy or attachment or lien by or for the benefit of any creditor of any of the parties hereto (except with respect to the security interest therein held by Lessor). 4. The cash comprising the Escrow Fund from time to time shall be invested and reinvested by Escrow Agent in one or more investments as directed by Lessee in Exhibit 1. Escrow Agent will use due diligence to collect amounts payable under a check or other instrument for the payment of money comprising the Escrow Fund and shall promptly notify Lessee and Lessor in the event of dishonor of payment under any such check or other instruments.. Interest or other amounts earned and received by Escrow Agent with respect to the Escrow Fund shall be deposited in and comprise a part of the Escrow Fund. 5. Upon request by Lessee and Lessor, Escrow Agent shall send monthly statements of account to Lessee and Lessor, which statements shall set forth all withdrawals from and interest earnings on the Escrow Fund as well as the investments in which the Escrow Fund is invested. 6. Escrow Agent shall take the following actions with respect to the Escrow Fund: (a) Upon Escrow Agent's acceptance of the deposit of the Purchase Price, an amount equal to Escrow Agent's set-up fee, as set forth on Exhibit 2 hereto, shall be disbursed from the Escrow Fund to Escrow Agent in payment of such fee. (b) From time to time, Escrow Agent shall pay to the Vendor of the Equipment payments then due and payable with respect thereto upon receipt of duly executed Requisition Request and Certificate of Acceptance form attached as Exhibit 3 hereto, subject to Lessor's prior written approval of each such Requisition Request and Certificate of Acceptance. (c) If an Event of Default or Non-Appropriation Event occurs under the Lease prior to the Lessee's acceptance of all the Equipment or to the extent that funds have not been disbursed from the Escrow Fund within the eighteen-month period identified in the Lease, funds then on deposit in the Escrow Fund shall be applied to the prepayment of Rent Payments under the Lease as instructed by Lessor. (d) Upon receipt by Escrow Agent of written notice from Lessor that the purchase price of the Equipment has been paid in full, Escrow Agent shall apply the then remaining Escrow Fund, first, to all outstanding fees and expenses incurred by Escrow Agent in connection herewith as evidenced by its statement forwarded to Lessor and Lessee, and, second, to Lessor for application against the interest component of Rent Payments under the Lease as provided therein, unless otherwise agreed by Lessor. -5- 7. The fees and expenses, including any legal fees, of Escrow Agent incurred in connection herewith shall be the responsibility of Lessee. The basic fees and expenses of Escrow Agent shall be as set forth on Exhibit 2 hereto and Escrow Agent is hereby authorized to deduct such fees and expenses from the Escrow Fund as and when the same are incurred without any further authorization from Lessee or Lessor. Escrow Agent may employ legal counsel and other experts as it deems necessary for advice in connection with its obligations hereunder. Escrow Agent waives any claim against Lessor with respect to compensation hereunder. 8. Escrow Agent shall have no liability for acting upon any written instruction presented by Lessor in connection with this Escrow Agreement, which Escrow Agent in good faith believes to be genuine. Furthermore, Escrow Agent shall not be liable for any act or omission in connection with this Escrow Agreement except for its own negligence, willful misconduct or bad faith. Escrow Agent shall not be liable for any loss or diminution in value of the Escrow Fund as a result of the investments made by Escrow Agent. 9. Escrow Agent may resign at any time by giving thirty (30) days' prior written notice to Lessor and Lessee. Lessor may at any time remove Escrow Agent as Escrow Agent under this Escrow Agreement upon written notice. Such removal or resignation shall be effective on the date set forth in the applicable notice. Upon the effective date of resignation or removal, Escrow Agent will transfer the Escrow Fund to the successor Escrow Agent selected by Lessor. 10. This Escrow Agreement and the escrow established hereunder shall terminate upon receipt by Escrow Agent of the written notice from Lessor specified in Section 6( c) or Section 6( d) hereof. 11. In the event of any disagreement between the undersigned or any of them, and/or any other person, resulting in adverse claims and demands being made in connection with or for any moneys involved herein or affected hereby, Escrow Agent shall be entitled at its option to refuse to comply with any such claim or demand, so long as such disagreement shall continue, and in so refusing Escrow Agent may refrain from making any delivery or other disposition of any moneys involved herein or affected hereby and in so doing Escrow Agent shall not be or become liable to the undersigned or any of them or to any person or party for its failure or refusal to comply with such conflicting or adverse demands, and Escrow Agent shall be entitled to continue so to refrain and refuse so to act until: (a) the rights of the adverse claimants have been finally adjudicated in a court assuming and having jurisdiction of the parties and the moneys involved herein or affected hereby; or (b) all differences shall have been adjusted by agreement and Escrow Agent shall have been notified thereof in writing signed by all ofthe persons interested. 12. All notices (excluding billings and communications in the ordinary course of business) hereunder shall be in writing, and shall be sufficiently given and served upon the other party if delivered (a) personally, (b) by United States registered or certified mail, return receipt requested, postage prepaid, (c) by an overnight delivery by a service such as Federal Express or Express Mail from which written confirmation of overnight delivery is available, or (d) by facsimile with a confirmation copy by regular United States mail, postage prepaid, addressed to the other party at its respective address stated below the signature of such party or at such other address as such party shall from time to time designate in writing to the other party, and shall be effective from the date of mailing. -6- 13. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. No rights or obligations of Escrow Agent under this Escrow Agreement may be assigned without the prior written consent of Lessor. 14. This Escrow Agreement shall be governed by and construed in accordance with the laws in the state of the Escrow Agent's location. This Escrow Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and no waiver, consent, modification or change of terms hereof shall bind any party unless in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be duly executed as of the day and year first above set forth. OSHKOSH CAPITAL, as Lessor By __________________________ __ Name: ---------------------------Title: ---------------------------- Address: 155 E. Broad St., 5th Floor Columbus, OH 43215 City of Palm Beach Gardens, as Lessee By __________________________ __ Name: ---------------------------Title: ---------------------------- Address: 10500 North Military Trail Palm Beach Gardens, FL 33410 U.S. BANK NATIONAL ASSOCIATION, as Escrow Agent By __________________________ __ Name: Title: Address: -7 - --------------------------- ---------------------------- 175 South 3rd Street CNOHTT4 Columbus, OH 43215 EXHIBIT 1 INVESTMENT DIRECTION LETTER U.S. Bank National Association 175 South 3rd Street CNOHTT4 Columbus, OH 43215 Re: Escrow Agreement dated as of February 16, 2015, among Oshkosh Capital as Lessor, City of Palm Beach Gardens as Lessee, and U.S. Bank National Association, as Escrow Agent Ladies and Gentlemen: Pursuant to the above-referenced Escrow Agreement, $290,101.00 will be deposited in escrow with you on or about February 16, 2015. Such funds shall be invested in one or more of the following qualified investments in the amounts indicated : AMOUNT OF PLEASE CHECK DESIRED QUALIFIED INVESTMENTS: INVESTMENT I. 0 Direct general obligations ofthe United States of America; $ 2. 0 Obligations-the timely payment of the principal of and $ interest on which is fully and unconditionally guaranteed by the United States of America; 3. 0 General obligations of the agencies and instrumentalities of $ the United States of America acceptable to Lessor; 4. D Money market funds whose investment parameters target $ investments in securities as described above; IF NONE OF THE ABOVE BOXES ARE CHECKED, INVESTMENT SHALL BE MADE IN MONEY MARKET FUNDS AS DESCRIBED IN THE FOURTH CATEGORY ABOVE, UNTIL LESSEE DIRECTS OTHERWISE. Very truly yours, CITY OF PAM BEACH GARDENS, AS LESSEE By :__,.----------------Name: _________________ _ Title:, _____ ~----------- EXHIBIT 2 ESCROW AGENT FEES AND EXPENSES SET-UP FEES $0.00 payable from the Escrow Fund upon acceptance of escrow deposit. EXPENSES Any and all out-of-pocket expenses incurred by Escrow Agent will be the responsibility of Lessee and paid from the Escrow Fund. EXHIBIT 3 REQUISITION REQUEST AND CERTIFICATE OF ACCEPTANCE No. __ _ (to be submitted with each requisition request for payment to the vendor) -or- __ (--J) FINAL REQUISITION REQUEST AND CERTIFICATE OF ACCEPTANCE (to be submitted with the final requisition request upon acceptance of the Equipment) The Escrow Agent is hereby requested to pay from the Escrow Fund established and maintained under that certain Escrow Agreement dated as of Feburayr 16, 2015 (the "Escrow Agreement ") by and among Oshkosh Capital (the "Lessor "), City of Palm Beach Gardens (the "Lessee "), and U.S. Bank National Association (the "Escrow Agent"), the amount set forth below to the named payee(s). The amount shown is due and payable under a purchase order or contract (or has been paid by and not previously reimbursed to Lessee) with respect to equipment being leased under that certain Master Lease-Purchase Agreement dated as of February 16, 2015 (the "Master Lease ") and Lease Schedule 187291000 thereto dated February 16, 2015 (the "Schedule " and, together with the terms and conditions of the Master Lease incorporated therein, the "Lease ''), by and between the Lessor and the Lessee, and has not formed the basis of any prior requisition request. PAYEE AMOUNT Total requisition amount $ _____ _ The undersigned, as Lessee under the Lease hereby certifies: 1. The items of the Equipment, as such term is defined in the Lease, fully and accurately described on the Equipment List attached hereto have been delivered and installed at the location(s) set forth therein. 2. A present need exists for the Equipment which need is not temporary or expected to diminish in the near future. The Equipment is essential to and will be used by the Lessee only for the purpose of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee's authority. 3. The estimated useful life of the Equipment based upon the manufacturer's representations and the Lessee 's projected needs is not less than the Lease Term oflease with respect to the Equipment. 4. The Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes as of the date of this Certificate. 5. The Equipment is covered by insurance in the types and amounts required by the Lease. -10- . . . 6. No Event of Default or Non-Appropriation Event, as each such term is defined in the Lease, and no event which with the giving of notice or lapse of time, or both, would become such an Event of Default or Non-Appropriation Event has occurred and is continuing on the date hereof. 7. Sufficient funds have been appropriated by the Lessee for the payment of all Rent Payments due under the Lease during Lessee's current fiscal year. 8. Based on the foregoing, Lessor is hereby authorized and directed to fund the acquisition of the Equipment set forth on the Equipment List by paying, or causing to be paid, the manufacturer(s)/vendor(s) the amounts set forth on the attached invoices. 9. The following documents are attached hereto and made a part hereof: (a) Original Invoice(s); (b) Copies of Certificate(s) of Origin designating Lessor as lienholder if any part of the Equipment consists of motor vehicles, and evidence of filing; and (c) Requisition for Payment 10. If this is the final acceptance of Equipment, then as of the Acceptance Date stated below and as between the Lessee and the Lessor, the Lessee hereby agrees that: (a) the Lessee has received and inspected all of the Equipment described in the Lease; (b) all Equipment is in good working order and complies with all purchase orders, contracts and specification; (c) the Lessee accepts all Equipment for purposes of the Lease "as-is, where-is"; and (d) the Lessee waives any right to revoke such acceptance. If Lessee paid an invoice prior to the commencement date of the Lease and is requesting reimbursement for such payment, also attach a copy of evidence of such payment together with a copy of Lessee's Declaration of Official Intent and other evidence that Lessee has satisfied the requirements for reimbursement set forth in Treas. Reg. §1.150-2. Acceptance Date: _______ _ City of Palm Beach Gardens, as Lessee By __________________________ __ Name: ----------------Title: ---------------- Date: ----------------- Oshkosh Capital, as Lessor By: ______________________ __ Title: __________ _ Date: __________ _ -11 - Form 8038•G Information Return for Tax-Exempt Governmental Obligations (Rev . September 2011) .,.. Under Internal Revenue Code section 149(e) OMB No . 1545..0720 Department of the Treasury .,.. See separate instructions. Internal Revenue Service Caution: If the issue price is under $100,000, use Form 8038-GC. .::F.Ti •• Reporting Authority If Amended Return , check here ~ 0 1 Issuer's name 2 Issuer's employer identification number (EIN) City of Palm Beach Gardens 59 6045863 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instruct ions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) I Room/suite 5 Report number (For IRS Use Only) 10500 N Military Tra i l 131 I 1 6 City, town, or post office , state, and ZIP code 7 Date of issue Palm Beach Gardens, FL 22410 2116/215 8 Name of issue 9 CUSIP number Lease # 1 Oa Name and title of officer or other employee of the issuer whom the IRS may call for more information (see 1 Db Telephone number of officer or other Instructions) employee shown on 1 Oa 561·799·4197 ·::F.Ti·l· Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education . 11 12 Health and hospital 12 13 Transportation 13 14 Public safety • 14 290,101 00 15 Environment (including sewage bonds) 15 16 Housing 16 17 Utilities 17 18 Other. Describe ~ 18 19 If obligations are TANs or RANs, check only box 19a .... o If obligations are BANs, check only box 19b ~0 20 If obligations are in the form of a lease or installment sale, check box ~0 l:l'TiiJ ll Description of Obligations. Complete for the entire issue for which this form is being filed. (a) Final maturity date (b) Issue price (c) Stated redemption (d) Weighted (e) Yield price at maturity average maturity 21 1211512020 $ 290,101 .00 $ 290,101 .00 3 .229472 vears 2 .840 % I::F.Ti.l , .. Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest 22 23 Issue price of entire issue (enter amount from line 21, column (b)) 23 290,101 00 24 Proceeds used for bond issuance costs (including underwriters' discount) . 24 25 Proceeds used for credit enhancement 25 26 Proceeds allocated to reasonably required reserve or replacement fund 26 27 Proceeds used to currently refund prior issues 27 28 Proceeds used to advance refund prior issues 28 1- 29 Total (add lines 24 through 28) . 29 30 Nonrefunding proceeds of the issue (s ubtract line 29 from line 23 and enter amount here) 30 290,1010 00 • ::F.Ti ill'• Description of Refunded Bonds. Complete t his part only for refunding bonds . 31 Enter the remaining weig hted average maturity of the bonds to be currently refunded . ~ years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . ~ years 33 Enter the last date on which the refunded bonds will be called (MM/DDIYYYY) ~ 34 Enter the date(s) the refunded bonds were issued ~ (MM/DD!YYYY) For Paperwork Reduction Act Notice, see separate instructions. cat. No . 63773S Form 8038-G (Rev. 9-2011) · .. Form 8038-G (Rev. 9-2011) Page2 l:r.Till'JI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract 1-(GIC) (see instructions) 36a b Enter the final maturity date of the GIG ..,.. c Enter the name of the GIG provider..,.. 37 Pooled fina ncings: Enter the amount of the proceeds of this issue that are to be used to make loans 1-to other governmental units . 37 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ..,.. 0 and enter the follow ing information: b Enter the date of the master pool obligation..,.. -------------------- c Enter the EIN of the issuer of the master pool obligation ..,.. ---------------- d Enter the name of the issuer of the master pool obligation ..,.. ---------------- 39 If the issuer has designated the issue under section 265(b)(3)(8)(i)(lll) (small issuer exception), check box ..,.. 0 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . ..,.. 0 41a If the issuer has identified a hedge, check here ..,.. 0 and enter the following information: b Name of hedge provider ..,.. c Type of hedge ..,.. ------------------ d Term of hedge ..,.. ------------------ 42 If the issuer has superintegrated the hedge, check box . ..,.. 0 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the re quirements under the Code and Regulations (see instructions), check box . ..,.. 0 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . • . ..,.. 0 45a If some portion of the proceeds was used to reimburse expenditures, check here ..,.. 0 and enter the amount of reimbursement . . ..,.. b Enter the date the official intent was adopted ..,.. Signature and Consent Paid Preparer Use Only Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return Information, as necessary to process this return, to the person that I have authorized above. ~ Signature of issuer's authorized representative Date ~ Type or print name and title Print/Type preparer's name I Preparer's signature I Date I Check 0 if I PTIN self-employed I Firm's name .,. I Firm 's EIN .,. Firm 's address .,. I Phone no. Form 8038-G (Rev. 9-2011) JAR Addendum To Master Lease-Purchase Agreement This Addendum to Master Lea se-Purchase Agreem ent dated as ofFebruary 16, 2015, is made to that certain Master Lease-Purchase Agreement dated December 6, 2011 , (the "Agree m ent') entered into between Oshkosh Capital ("Lesso r"), and City of Palm beach Gardens ("L essee"). Preliminary Statement: Lessor and Lessee agree to include an Anti-Money Laundering/International Trade Law Compliance provision and USA PATRIOT Act Notice provision in the Agreement. Agreement: In consideration of the foregoing it is agreed that the Agreement is amended as follows: I. Anti-Money Laundering/International Trade Law Compliance and USA PATRIOT Act Notice. The Agreement is amended by adding the following provisions as Sections 28 and 29: "28. ANTI-MONEY LAUND E RING/INTERNATIONAL TRADE LAW COMPLIANCE. Lessee represents and warrants to Lessor, as of the date of this Agreement, the date of each advance of proceeds pursuant to this Agreement, the date of any renewal, extension or modification of this Agreement or any Lease, and at all times until this Agreement and each Lease has been terminated and all amounts thereunder have been indefeasibly paid in full, that: (a) no Covered Entity (i) is a Sanctioned Person; (ii) has any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person; or (iii) does business in or with, or derives any of its operating income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any law, regulation, order or directive enforced by any Compliance Authority; (b) the proceeds of any Lease will not be used to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any law, regulation, order or directive enforced by any Compliance Authority; (c) the funds used to repay any Lease are not derived from any unlawful activity; and (d) each Covered Entity is in compliance with, and no Covered Entity engages in any dealings or transactions prohibited by, any laws of the United States, including but not limited to any Anti-Terrorism Laws. Lessee covenants and agrees that it shall immediate ly notify Lessor in writing upon the occurrence of a Reportable Compliance Event. As used herein: "Anti-Terrorism Laws" means any laws relating to terrorism, trade sanctions programs and embargoes, import/export licensing, money laundering, or bribery, all as amended, supplemented or replaced from time to time; "Compliance Authority" means each and all of the (a) U.S. Treasury Department/Office of Foreign Assets Control, (b) U.S. Treasury Department/Financial Crimes Enforcement Network, (c) U.S. State Department/Directorate of Defense Trade Controls, (d) U.S. Commerce Department/Bureau of Industry and Security, (e) U.S. Internal Revenue Service, (f) U.S. Justice Department, and (g) U.S. Securities and Exchange Commission; "Covered Entity" means Lessee, its affiliates and subsidiaries, all guarantors, pledgors of collateral, all owners of the foregoing, and all brokers or other agents of Lessee acting in any capacity in connection with this Agreement or any Lease; "Reportable Compliance Event" means that any Covered Entity becomes a Sanctioned Person, or is indicted, arraigned, investigated or custodially detained, or receives an inquiry from regulatory or law enforcement officials, in connection with any Anti-Terrorism Law or any predicate crime to any Anti-Terrorism Law, or self-discovers facts or circumstances implicating any aspect of its operations with the actual or possible violation of any Anti-Terrorism Law; "Sanctioned Country" means a country subject to a sanctions program maintained by any Compliance Authority; and "Sanctioned Person" means any individual person, group, regime, entity or thing listed or otherwise recognized as a specially designated, prohibited, sanctioned or debarred person or entity, or subject to any limitations or prohibitions (including but not limited to the blocking of property or rejection of transactions), under any order or directive of any Compliance Authority or otherwise subject to, or specially designated under, any sanctions program maintained by any Compliance Authority. 29. USA PATRIOT ACT NOTICE. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each lessee that opens an account. What this means: when Lessee opens an account, Lessor will ask for the business name, business address, taxpayer identifying number and other information that will allow Lessor to identify Lessee, such as organizational documents. For some businesses and organizations, Lessor may also need to ask for identifying information and documentation relating to certain individuals associated with the business or organization." 2. Reaffirmation. Except as otherwise provided herein, the remaining terms and provisions of the Agreement are hereby ratified and reaffirmed. The foregoing Addendum has been duly executed by the authorized officers of the undersigned as of the day and year first above set forth. City of Palm beach Gardens, Lessee Signature: ___________ _ Print Name: __________ _ Title: Date: Oshkosh Capital, Lessor Signature: __________ _ Print Name: _________ _ Title: Date: U.S. BANK NATIONAL ASSOCIATION MONEY MARKET ACCOUNT DESCRIPTION AND TERMS The U.S . Bank Money Market account is an U.S. Bank National Association ("U.S. Bank") interest-bearing time deposit account designed to meet the needs of U.S. Bank's Corporate Trust Services Escrow Group and other Corporate Trust customers of U .S. Bank. Selection ofthis investment includes authorization to place funds on deposit with U.S. Bank . U.S. Bank uses the daily balance method to calculate interest on this account (actuaV365 or 366) by applying a daily periodic rate to the principal balance in the account each day. Interest is accrued daily and credited monthly to the account. Interest rates are determined at U .S. Bank's discretion, and may be tiered based on customer deposit amount. The owner of the account is U.S . Bank as Agent for its trust customers. U.S. Bank's trust department performs all account deposits and withdrawals. The deposit account is insured by the Federal Deposit Insurance Corporation up to $250,000. AUTOMATIC AUTHORIZATION ln the absence of specific written direction to the contrary, U.S. Bank is hereby directed to invest and reinvest proceeds and other available moneys in the U .S. Bank Money Market Account. Citv of Palm Beach Gardens Company Name Signature of Authorized Directing Party Trust Account Number-includes existing Title I Date and future sub-accounts unless otherwise directed F-2004 .1-1 MMDA Eff: 4/30/04 Master Lease-Purchase Agreement Between CITY OF PALM BEACH GARDENS AND OSHKOSH CAPITAL DOCUMENT INDEX D Master Lease-Purchase Agreement-Provided for your reference D Addendum To Master Lease Purchase Agreement -Sign and title D Florida Master Lease-Purchase Addendum -Provided for your reference D Lease Schedule with Schedule A-1-Sign and title D Vehicle Schedule Addendum -Sign and title D Incumbency Certificate and Resolution -List your authorized signor(s) and title(s); have secretary or appropriate trustee attest to the information and signature(s) provided by signing and printing his/her name, title and date. The person who validates the signatures should not sign the lease documents. The resolution must reflect the title(s) of the individual(s) who have authorization to sign the documents . D Opinion of Counsel Letter -Enclosed is a template . Please ask your attorney to prepare on his/her letterhead, and include all of the items in the template . D Insurance Request Form -Fill in your insurer's information and sign. Please contact your insurer, prior to delivery , to obtain a certificate of insurance . Please enclose the certificate with the signed documentation or have the insurer fax the certificate directly to me. D IRS FORM 8038-G-Sign, date, and title D Minutes of Governing Body (approving the purchase & finance of equipment)-Please return a copy with the documents . D Sales Tax Exemption Certificate-In File. D Escrow Agreement-Please sign o Escrow Rider -Please sign o Exhibit 1 -General Investment Direction Letter o Exhibit 2 -Escrow Agent Fees and Expenses o Exhibit 3-Requisition request and Certificate of Acceptance o Fund Specific Direction Letter o Money Market Escrow Investment Letter-Please sign or contact Scott Miller at 614-849-3402 with U.S. Bank to select a different investment that meets your requirements . o W-9 Form-Please complete D Sales Contract or Purchase Order -please provide a copy of the Sales Contract enter into with Pierce Manufacturing or a copy of the Purchase Order issued to Pierce Manufacturing Inc. 155 E. Broad St., B4-B230-05-7 + Columbus, Ohio 43215 phone 800-820-9041 +fax 800-678-0602 LEASE SCHEDULE NO. 187291000 Dated As Of February 16, 2015 E28 This Lease Schedule (this "Schedule") is attached and made a part of the Master Lease-Purchase Agreement referenced below, together with all exhibits, schedules, addenda, and other attachments thereto , executed by Lessee and Lessor (the "Lease"). Unless otherwise defined herein, capitalized terms will have the same meaning ascribed to them in the Master Lease. All terms and conditions of the Master Lease are incorporated herein by reference. To the extent that there is any conflict between the terms of the Lease and this Schedule, the terms of this Schedule shall control. Master Lease-Purchase Agreement dated December 6, 2011 1. EQUIPMENT DESCRIPTION. As used in the Lease, "Equipment" means all of the property described in Schedule A-1 attached to this Schedule and all attachments, additions, accessions, parts, repairs , improvements, replacements and substitutions thereto. 2. RENTAL PAYMENTS; LEASE TERM. The Rental Payments to be paid by the Lessee to Lessor, the commencement date thereof and the lease term of this Lease Schedule are set forth on the Schedule A-1 attached to this Lease Schedule. 3. ESSENTIAL USE; CURRENT INTENT OF LESSEE. Lessee represents that the use of the Equipment is essential to Lessee's proper, efficient and economic functioning or to the services that Lessee provides to its citizens and the Equipment will be used by Lessee only for the purpose of performing its governmental or proprietary functions consistent with the permissible scope of its authority. Lessee currently intends for the full Lease Term: to use the Equipment; to continue this Lease; and (if applicable) to make Rent Payments if funds are appropriated in each fiscal year by its governing body. 4. ACCEPTANCE OF EQUIPMENT. AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT (A) LESSEE HAS RECEIVED AND INSPECTED ALL EQUIPMENT; (B) ALL EQUIPMENT IS IN GOOD WORKING ORDER AND COMPLIES WITH ALL PURCHASE ORDERS, CONTRACTS AND SPECIFICATIONS; (C) LESSEE ACCEPTS ALL EQUIPMENT FOR PURPOSES OF THE LEASE "AS-IS, WHERE IS"; AND (D) LESSEE WAIVES ANY RIGHT TO REVOKE SUCH ACCEPTANCE. 5. BANK QUALIFIED. LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE AS A QUALIFIED TAX-EXEMPT OBLIGATION IN ACCORDANCE WITH SECTION 265(b)(3) OF THE CODE, THAT IT HAS NOT DESIGNATED MORE THAN $10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX-EXEMPT OBLIGATIONS IN ACCORDANCE WITH SUCH SECTION FOR THE CURRENT CALENDAR YEAR AND THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDAR YEAR WILL NOT EXCEED $10,000,000. 6. RE-AFFIRMATION OF THE MASTER LEASE-PURCHASE AGREEMENT. Lessee hereby re-affirms all of its representations, warranties and obligations under the Master Lease Purchase Agreement (including, without limitation, its obligation to pay all Rental Payments, its disclaimers in Section 7 thereof and its representations in Section 6.1 and 16 thereof). City of Palm Beach Gardens ("Lessee") By: _____________ _ Title: _____________ _ Oshkosh Capital ("Lessor") By: ____________ _ Title: ________ _ E28 Schedule A-1 1. EQUIPMENT LOCATION & DESCRIPTION : City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33418 Palm Beach County 2014 Braun Super Chief Type 1 Medium Duty Ambulance VIN # 2014 Braun Super Chief Type 1 Medium Duty Ambulance VIN# 2. LEASE PAYMENT SCHEDULE. (a) Accrual Date : February 16, 2015 (b) Amount Financed: i. Equipment Purchase Price $269.112 .00 Additional Equipment $39.989 .00 ii. Purchase Price Deduction $0 .00 Prepay Discounts $0 .00 Trade In $19.000 .00 iii. Total Amount Financed (Cash Sale Price minus $290.101.00 Purchase Price Deductions) (c) Payment Schedule: Accrual Date: February 16, 2015 Rent Payment Rent Payment Number Date 1 2/16/2016 2 2/16/2017 3 2/16/2018 4 2/16/2019 5 2/16/2020 6 2/16/2021 City of Palm Beach Gardens ("Lessee") Rent Payment Amount 53,268.28 53,268.28 53,268.28 53,268.28 53,268.28 53,268.28 By: ______________ _ T itle: _____________ _ Interest Portion 8,238.87 6,960.04 5,644.88 4,292.38 2,901.46 1,471.05 Oshkosh Capital ("Lessor") Principal Portion 45,029.41 46,308.24 47,623 .40 48,975.90 50,366,82 51,797,23 E28 Termination Value 252,423,74 204,726,25 155,674.15 105,228.97 53,351.15 1.00 By: __________ _ Title: __________ _ VEHICLE SCHEDULE ADDENDUM Dated As Of February 16. 2015 Lease Schedule No. 187291000 Dated February 16. 2015 Lessee: City of Palm Beach Gardens E28 Reference is made to the above Lease Schedule ("Schedule") to the Master Lease-Purchase Agreement identified in the Lease Schedule ("Master Lease") by and between Oshkosh Capital ("Lessor") and the above Lessee ("Lessee"). This Addendum amends and modifies the terms and conditions of the Schedule and is hereby made a part of the Schedule. Unless otherwise defined herein, capitalized terms defined in the Master Lease shall have the same meaning when used herein. NOW THEREFORE, as part of the valuable consideration to induce the execution of the Schedule, Lessor and Lessee hereby agree to amend the Schedule as follows: 1. In the event that any unit of Equipment covered by the Schedule is a vehicle or trailer under applicable State law, then the following provisions shall also apply to the Schedule to the extent permitted bylaw, (a) each manufacturer's statement of origin and certificate of title shall state that Lessor has the first and sole lien on or security interest in such unit of Equipment; (b) the public liability and property damage insurance required by the terms of the paragraph titled "Insurance in the Master Lease shall be in an amount not less than $1.000.000.00 per person insured and $2.000.000.00 combined single limit per unit per occurrence (provided, that if the unit of Equipment is a bus or other passenger vehicle, then such insurance amount shall be such larger amount as may be reasonably required by Lessor) and $1.000.000.00 for damage to property of others; (c) Lessee shall furnish and permit only duly licensed, trained, safe and qualified drivers to operate any such unit of Equipment, and such drivers shall be agents of Lessee and shall not be agents of Lessor; and (d) Lessee shall cause each such unit of Equipment to be duly registered and licensed as required by applicable State law with Lessor noted as lien holder and Lessee as owner. 2. Except as expressly amended by this Addendum and other modifications signed by Lessor, the Schedule remains unchanged and in full force and effect. IN WITNESS WHEREOF , the parties hereto have executed this Addendum as of the date first referenced above. City of Palm Beach Gardens ("Lessee") By: ___________________________ _ Title: ______________ _ Oshkosh Capital ("Lessor") By: ____________________________ _ Title:. _________________________ _ E24 RESOLUTION Municipality/Lessee: City of Palm Beach Gardens Principal Amount Expected To Be Financed: $290.101.00 WHEREAS, the Municipality is a political subdivision of the State in which Municipality is located (the "State") and is duly organized and existing pursuant to the Constitution and laws of the State. WHEREAS, pursuant to applicable law, the governing body of the Municipality ("Governing Body") is authorized to acquire, dispose of and encumber real and personal property, including, without limitation , rights and interest in property, leases and easements necessary to the functions or operations of the Municipality. WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Master Lease-Purchase Agreements ("Leases") in the principal amount not exceeding the amount stated above for the purpose of acquiring the property ("Equipment") to be described in the Leases is appropriate and necessary to the functions and operations of the Municipality. WHEREAS, Oshkosh Capital ("Lessor") shall act as Lessor under said Leases. NOW, THEREFORE, Be It Ordained by the Governing Body of the Municipality: Section 1. Either one of the OR (each an "Authorized Representative") acting on behalf of the Municipality, is hereby authorized to negotiate, enter into, execute, and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the office of the Municipality. Each Authorized Representative acting on behalf of the Municipality is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized. Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Municipality to execute and deliver agreements and documents relating to the Leases on behalf of the Municipality. Section 3. The aggregate original principal amount of the Leases shall not exceed the amount stated above and shall bear interest as set forth in the Leases and the Leases shall contain such options to purchase by the Municipality as set forth therein. Section 4. The Municipality's obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and the Municipality's obligations under the Leases shall not constitute general obligations of the Municipality or indebtedness under the Constitution or laws of the State. Section 5. As to each Lease, the Municipality reasonably anticipates to issue not more than $10,000 ,000 of tax-exempt obligations (other than "private activity bonds" which are not "qualified 501 (c)(3) bonds") during the current calendar year in which each such Lease is issued and hereby designates each Lease as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended. E24 Section 6. This resolution shall take effect immediately upon its adoption and approval. ADOPTED AND APPROVED on this , 2015. The undersigned Secretary/Clerk of the above-named Municipality hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Municipality, that the foregoing resolutions were duly adopted by said Governing Body of the Municipality at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in full force and effect on the date stated below. LESSEE: City of Palm Beach Gardens [SEAL] Signature of Secretary/Clerk of Municipality Print Name:--------------- Official Title: ______________ _ Date: 6 001.1145120.3 E24 CERTIFICATE OF INCUMBENCY Lessee : City of Palm Beach Gardens Lease Schedule No .: 187291000 Dated : February 16. 2015 I, the undersigned Secretary/C lerk identified below , do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above Lessee (the "Lessee"), a political subdivis ion duly organized and existing under the laws of the State where Lessee is located , that I have the title stated below, and that , as of the date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names. [NOTE: Use same titles as Authorized Representatives stated in Resolutions.] Name Title Signature Name Title Signature IN WITNESS WHEREOF , I have duly executed this certificate and affixed the seal of such Lessee as of the date set forth below. [SEAL] Signature of Secretary/Clerk of Lessee Print Name : Official Title: ______________ _ Date :----------------- Date: Lessee: Lessor: Re: Ge ntlemen: FORM OF OPINION OF COUNSEL (To Be Typed on Attorney's Letterhead Stationary) Citv of Palm Beach Gardens Oshkosh Capital E34 Lease Schedule No. 187291000 dated February 16, 2015, together with its Master Lease-Purchase Agreement dated December 6, 2011, by and between the above-named Lessee and the above- named Lessor I have acted as counsel to Lessee with respect to the Lease Schedule, the Master Lease-Purchase Agreement and all other agreements described above or related thereto (collectively, the "Agreements") and various related matters, and in this capacity have reviewed a duplicate original or certified copy of the Agreements and such other documents as I have deemed necessary for the purposes of this opinion. Based upon the examination of such documents, it is my opinion that: 1. Lessee is a politica l subdivision of the State of Florida (the "State") duly organized , existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has power under State law to enter into all of the Agreements, and to carry out its ob ligations thereunder and the t ransactions contemplated thereby . 3. The Ag reements and all other documents related thereto have been duly authorized , approved , and executed by and on behalf of Lessee, and each of the Agreements is a valid and binding contract of Lessee enforceable in accorda nce with its terms, except to the extent limited by State and Federal law affecting creditor's remedies and by bankruptcy, reorganization or other laws of general application relating to or affecting the enforcement of creditors' rights. 4. The authorization , approval and execution of the Agreements and all other proceedings of Lessee relating to the tra nsactions contemplated thereby have been performed in accordance with all applicable Local, State and Federal laws (including open meeting laws and public bidding and property acqu isition laws). 5. To the best of my knowledge , there is no litigation or proceed ing pending before any court, administrative agency or governmental body, that challenges: the organization or existence of Lessee; the authority of its officers; the proper authorization; approva l and execution of any of the Agreements or any documents relating thereto; the appropriat ion of monies to make payments under the Agreements for the current fiscal year; or the ability of Lessee otherwise to perform its obligations under the Agreements and the transactions contemp lated thereby. 6. Lessee is a political subdivision of the State as referred to in Section 103 of the Internal Revenue Code of 1986, as ame nded, and the related regulations and rulings thereunder. Lessor, its Assignee and any of their assigns may rely upon this opinion . Very truly yours, Attorney . ' .. 101 INSURANCE COVERAGE DISCLOSURE Oshkosh Capital, LESSOR City of Palm Beach Gardens, LESSEE RE: INSURANCE COVERAGE REQUIREMENTS 1. In accordance with the Lease Schedule ("Schedule") to the Master Lease-Purchase Agreement identified in the Lease Schedule ("Master Lease"), Lessee certifies that it has instructed the insurance agent named below (please fill in name, address, and telephone number): to issue: (check to indicate coverage) a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming Oshkosh Capital and/or its assigns as Loss Payee. Coverage Required: Termination Value Specified b. Public Liability Insurance evidenced by a Certificate of Insurance naming Oshkosh Capital and/or its assigns as an Additional Insured. Minimum Coverage Required: $1,000,000 .00 per person $2,000,000 .00 aggregate bodily injury liability $1 ,000,000.00 property damage liability Proof of insurance coverage will be provided to Oshkosh Capital, 155 East Broad Street, B4-B230-05-7 , Columbus, OH 43215, prior to the time that the property is delivered to Lessee. OR 2. Pursuant to the Master Lease, Lessee represents and warrants, in addition to other matters under the Agreement, that it is lawfully self-insured for: (check to indicate coverage) a. All risk, physical damage in the amount specified in 1 (a) above. b. Public liability for not less than the amounts specified in 1(b) above. Lessee has attached a signed letter describing self-insurance. LESSEE: City of Palm Beach Gardens By:--------------Title:--------------- r- E24 INSURANCE INFORMATION Please provide the following information to your insurance company to help expedite receipt of the necessary coverage: ITEMS WHICH NEED TO BE REFLECTED ON INSURANCE CERTIFICATE: • Oshkosh Capital must be named Loss Payee and Additional Insured • 30 Days Notice of Cancellation • Not Less than $2,000,000.00 limits on liability • Certificate must reflect a short equipment description • Certificate must reflect an expiration date Certificate Holder Information : Oshkosh Capital , its successors and/or all assigns 155 East Broad Street, B4-B230-05-7 Columbus, OH 43215 Please send a FAX copy of certificate to Cheryl Kennedy at 1-800-678-0602. The original should be mailed to the same at: Oshkosh Capital 155 East Broad Street, B4-B230-05-7 Columbus, OH 43215 Please call Cheryl Kennedy at 1-800-820-9041 , ext. 4, if you have any questions. 1 . " I . MASTER LEASE-PURCHASE AGREEMENT Dated as of December 6. 2011 1 ms. Masts; Lsas=-Purchas:: Agre:emerrt together wii:h all addenda, Jide;s. and attachrnants hereto, :::s fiE same f113Y from time b time te amended., moa-med or supp!9rnent=d ("Mastei L.sase") !s made and entered by and between Oshkosh Capital ("Lessor") and the Lessee iderrtffi ed below ("L====ee"). ·LESSEE: City of Patm Baach Gardens 1. LE.~SE OF EO':JlPMEN'T . Subject to the terms and oonditions of this MasBT" Lsase, Lessor agrees to lease to Lessee, and L~ee ag;ees. iD sase from L=..-sor, all Equipmerrt described in each .Schedule . signed irorn time iD time by Lessee and L.essoi. 2.. CERT AJN DEFfl<ImONS.. All te!TI1s defined in the Lease are equally appftcable iD both ihe singuiar and plural torm of such terms.. (a) aSchedule" means each Lsc!se Schedule signed and delivered by lessee and Lessoi, togather with all addenda, riders, a.ttachmants, ceri:ffic:~i:es and exhibits thereto, as the same rrt3)' froi11 fime to time be amended, modified or supplemented. "Lessee and Lessor agree that each Schedule (excapt as expressty provided tn said Schedule) incorporates by rererence all of the ten'ns and ~f)dli:ions of the Master Lease. {b) "L..sase• means. each Schedule and this Mastar Leese ··as incorporated into said Schedule.. (c) "Equipment" means the property described in aach Schedu~ •. together with all at:tachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto. (0) ·uen· means any security intere..'i, lien, mortgag:, pledge, encumbrance, judgment, execution, attachment, warrant, wiit, levy, oi:tler judicial process or claim of any nature \hlhasoever by or of any person. 3. LEASE TERM. The term of i:he lease of the Equipmerrt described in aach Lease ("Lease Term") .commences on the first date any of ;SUch Equipment is accepted by Lessee pursuant to Section 5 hereof and, unless earner termL'iai:.ed as expressly provided in the Lease, continues unfil les::.e5'5 payment and perfurmance in full of an of Lessee's obiigations under the Lease. 4. R.8ff PAYMENTS . 4 .1 For each Lease, Lessee agrees ID pay to Lessor the rent payment> in the amount; and at the times as set forth in the Schedule A-1 ati3ched to the Sr..Joedule ("Rent Payments"}. A portion of each Rent Payment is paid as and represents the payment of interest 2s set forth in the Scheduie A-'1. Rant Payments \1\f.lll be payab~ for the Lac::se Tenn in U .S. dollar:;, without notice or demand a1 the office of Lessor (or such other p\ace as Lessor may designate frorn time to time in writing). 4.2 If Lessor receiv~ any payment fiOm Lessee after the due dae, Lessee shall pay Lessor on demand 2s a late cha~ live per cent (5%) of such overdue amount, flmied., however, ro the rnaximum amount a!\o'hrad by law . 4.3 EXCePT AS SPEC!FfCAU Y PROVIDED \N SECnbN 6 HEREOF OR IN NN WR.! 1 1 EN MODIFICATION TO TrlE LEASt: SIGNED 6Y LESSOR., THE OBUGAllON TO PAY REI'JT PAYMi::I\!TS UNDER EACH LEASE 3HAU BE ABSOLLJTE AND UNCONDiTIONAL IN AU EVENTS AND SHALL NOT Bi:: SUBJECT TO ANY SETOFF , DEl-ENSE., COUNTERCLAIM, ABATEMENT OR. RECDUPM::NT FOR .!l.JN RE..t:.SON WHA TSDEV=R. 5. DELTVERY; ACCEPTANCE; FUNDING CONDITIONS. 5 .1 Less:e sh~ aiTa.nge tor the t-ar.sport3iion, deflvery and in:;ta.Uation of all E.q:u[pment iD the iDeation specifed in the Schedu\9 ("Location") by Equipment suppiiers (•suppiisr5") set9Cted by Lessee. Lessee shaD p3y all costs relat=d thereto une LessDi ofrerwse agrees to pay such costs as st:aEd in the Schedule. 52 Lcs::::ae shall accept Equipment ~s soan as it h=s been delivered and is operationaL Lessee ~all evidence it; acceptance of any Equipment by signing and delivering to Lessor the appircab\e -1 - I I. ~ ~. •• C· ... : • . .. : :: • ·-. "I ! · ... 0 ••• •••••• EC5 Schedu~. If L~ .signs and defwers a Schedule and if all Funding Conditions have been :atisfied in full, then ·Lessor. will pay or cause in be paid the FOSi:s of such Equipment as stated in the Sc:heduie ("Purchase Price") to ths applicable SuppfFBi. 5.3 Les:sor shall have no obfigation to pay any ?urc.'1cse Price unless an reasonable conditions :=."i:abi!shed by t =sar ("Funding Cormitions·) have basn satisiled, including., without l~"'iiliaiio rt, t:hs- tohowing: {a) Lessee h-"'5 signed and deHvsred the Schedule and its Schedule A-i; (o) no Event of Dafault shall hav~ occl!I"T"ed and be continuing; (c) no matsrta! adverse change shall havs occurt-'...d in ihe lnt9mal Reyenl.le Coda of 1985, as amended, and the related reguaiions and rufmgs thereunder (col!eciively, the "Code"); (d) no material adverse cr.ange shan have occurred in the fin.anc:lal condition oi Lessee oi any Supp!iei; (a) the E:quipment is rEr-"-SOnabty satisfactory tn Lessor and is tree and clsar of any Li:ns (except l....es:sor's UensJ; ·(f) a!! r=pressnt:rtions of L=s98 in the Ls~se remain true, accurate and comp\eta; and (g) L..es:s~ has f2Ceived all of the following documents, which shall be re::asor.ably satisfactory, in foim and substance, .to Lessor. (1) evidence of insurance cove;-age required by the Lsass, (2) :m opinion of I =-.. _.::'s counsel; (3) reasonably detailed invoices tor the Equipment; (4) Unifunn Commercial Code (UCC) ftr.arrcing sta"ISIT1~11S; (5) copies of resolutions by Lessee's governing body, duly authorizing the ~se and incumbency certificatEs tor the person(s) who will sign the Lease; (6) su:::h dor-....uments and reri:iiicaes relating to l:h: tax-exempt interest payable under the · Leas~ (inc:luc:fmg, without flmitafion , lK.S Form B03BG or 803BGC) as Lessor may request; and (7) such other documents a nd infoiTnation previously identified by Lessor or otherwise .rsasonabiy reque..--red by Les:sor. 6. TERM INA T•ON FOR GDY!=....RNMENT AL f.iON-APF'ROPRlA TIONS. 6. 'I For each Leese, L$see raprssents and warra.1ts: that it has appropriated and budgeted the l!"'....cessary funds 1D make all Rent Peymeilts required pursuant to such Lezss for the rsinainder of the iis....-al year in which the Lease Term commences; and that it intends tD make Rent Payments for the full ·· Lsase Te.li1 as scheduled on the appficable Schedule A-1 so long as funds an: approprnttad in each fiscal year by it:; governing body. Le..c:-see rsasonably believes that moneys in a n arnouni sufficient to make all Rent Payments can and will lawfully be appropriated and mad~ available thersfor. All Rant Payments shall be payable out of the general funds of Lessee or out of other tunds legally :rvai\able therefor. Les:sor agrees that the I :cses will not be general obligations of Lessee and that the Laases shall not cons.titute pledges oi either the full faith and cradit of Lessee or the ta...."ing power of L~e-e. 6.2 if Lessee's govarning body tails to appropriate sufficient funds in any fisca! year for Rent Payments or other paymerriE due under a Lease and ii oth3<-funds are not available for such paymenG, thSfl a "Non-Approprtafion E:venf shaD be d~m ed to have occurred. If a No rt-. .!;.ppropriation Evant occurs, then: (a) L~-e€ shall give L=sor immedic:ri.:o notice of such Non-Appropriation Event and provide written evidence of such tailure by Lessee's g::weming body; (b) on the Retum Date, Lessee shall rerum to Lessor all, but not less than all, of ihe Equipment covered by the ai'fa..."ted Lease, at Less9e's sole expense, in accordance with Section 21 hereof; and (c) the aft::.:::i3d Lease shall terminate on the Return Date without penalty or expanse iD Lessee, provided., that l.es=>ee shal! pay an Rani Payments and other amounts payable under ths affacted Leas: tor which funds shall have beeA appropriated or are otherwise available, provided further, that I =see s."lall pay month-to-month rsrrt at tt1a rate sst tort:l-1 in the afi'ectad L=ase tar each monih or part thereof that Lessee falls to rstum the Equipment under this Seci:bn 6.2.. •Rstum Da.te" mesr.s the last day of the fiscal ysar tor which appropriations were made ior the Rent Payments due under a L&ase. 7. NO WARRANTY 3Y LESSOR Tn= Equipment is so\d "A$ ~Sft. L=SSE.E: .. ~CKNDWLEDGcS THAT LESSOR DID NOT MAWUr .ACnJRE THE EQUI?MCNT . LESSOR DOES NOT P...EPR.=:SENT THE MANLJF ACTI.JR:ER, DWNE~ OR DE..~R., AND LESSEE SELECII::D THE EQUI?M=:f<IT BASED UPON I ;:::ssEE'S OWN JUDGM2N'T. LESSOR M.A.KES NO WARRA.t-ITIES, EXPRESS OR IMPLIED . INCLUDING WARRANTIES OF MERCP.ANTABlUTY DR ~ESS rOR A P!:..~TICULAR PU~SE DR D~W!SE DR AS TO THE EQUIPMENT'S VALUE, DESIGN., C:ONDmDN., US~ CAP P.CfTY OR DIJRABIUTY. LESSEE AGR:::3 THAT REGA.?..OLE.SS or CAUSE., LESSOR !S NOT RS?ONSI3LE: FOR., AND LESSEE WILL NOT MAKE .b..Nr CWM AGAINST L2SSOR FOR. ANY DAM.li.GES., WHETHER CONSEQ.UE:NTI . .llJ...., DIRECT, SPECtAL DR lfiDIRECT INCURRED BY L:3SEE IN CONNECTION WIT'n 11-{=:_ EQUIPME:NT OR 11-US MAS 1 t::.R LE.b.S:: -LEASE PU~CHASE AGR.EEMEI\I'"f. N=..JT:-r:::;;;. TH'E iY.ANLF ACTLJRER, Tr-IE D~b.L_E?~ NOR. A-,..,ry SALESPERSON., EMPLOYEE OR AGE Nt OF THE DEALER OR MANUFACTUPB.,.. !S LES:SDR'S AGE.rfl DR HAS ANY AVTrlORITY TO SPEAK FOR LESSOR OR TO t5IND LESSOR IN ANY WAY. For and during the -2 - . .... I I , i ~ ::.:·. ····.: ·:: ...... :.::. :·.: .·1 : . :--: -··.: ..... ··: ·.::. ~C-5 L:as; Term, Lessor her=by a:s:signs to 1 =s2-"' any manufacturer's or Suppflar's product V.'3!T:mfias , ~res or impilad., appficabP-to any E.quipm=..nt and L=s:ar authortZes L=ssee to obta in the customary services furnished rr. connection wfth such V>r"3fT?lrrties ai"L=,='s sole expense. l =s=>: ag;ses that (a) afi E.qurprnent wiD have b=n purch2s9d by L~i in axortiance wffh I =see's spacfficafions from Suppi~ saected by l;ssee, (o) L9SSOT is not a rr.anufacturar or dealer of any Equipment and has no i!abiiity ior the: deilvery Oi ·rnSi:allafion of any Equiprnen~ (c) Lessor :=ssumes no obligation wtth respect iD any manutacturer's or Suppi1ei's product v..-arrani:i=s or guaranti=s., (d)-no manutac:turer or Suppfer or any ·representative of said paries i; an agerrt of Lssor, and (e) any V.'3.rranty, repra:.-erri:ation, gtaranty or agreement made by any marrutactuiei or Supplier. or any repr:sent:ri:iv; of said parties shall not be binding upon L::s:sor. · 8 . TiT! ;:::.; Si:CURfTY iNTeREST. 8. 't Upon lessee's acceptance of any Equipment under its Lease, title to ltle Equipm='..nt st-.an vest in Lass~. s:uDject to Les:sor's sect.llity ·Jmei:St therein and all of Lessor's othar rights under such Le:ase i.J""lclucflng, without limitation, Sections 6, 20 and 21 hereof. 82 As collateral mnity tor 1he Secured Obrrganons , Lessee hereby grants to L=-==-sor s fiiit priotity security interest in any ard aD of .the Equipment (now existing or hereafter acquired) and any and all proc9ads ther=of. Lessee ag~ to ~ecute an"d deirver to L=ssor all necessary documents to "evidence and pa:fect suc."l security inte~ including, wft:hout limitation, Uniform Commercial Code (UCC) financing statements and any amendments thereto. 8.3 "Secured Obflgations· mesns Le==-see's obfigations to pay all Rent Payments and all other amounts due and payable under all prasem and ft.rtllre Leases· and to perform and observe all covenants , agreements and concfrtions (direct or indirect, absolute or contingen~ due or to become due, or existing or he.-aafer arisrng) of L~ under aU present and future Leases . 9 . PERSOPiAL PROPERTY. All Equipm"'Jrt is and will remain personal prope-rty and wiO not be deemed to be affixed or attached to real est::!: or any t>uilding thereon. 4 0. MAitiTEI'iANCE AMD OPER.h. TIOti. Lessee agrees it shaU, at it5 sole expense: (a) rel)air and maintain aD Equipmani in good condfuon and worKing order, in accordance wtth manuiacturer's instructions., and suppty and install all replacement parts or other devices when required to so maintain the ~quipmsrrt oi wh911 required by appDcabfe la'vl• or regulafion , which parts or devices shall a utDmaticaliy become p a.i of fne Equipmerrt:; a.1d ·(b) use and opera'"..e all E:quipme.li in ::; car:::iul manner in th;; n::mn3J rourse of its operations and only tor the purposes ior which it wes desi gned in accordance wtih the manutacturer's \lr-arrarrty requirements, and comply with a!! laws. and regulations relating to the Equipment. lf any Equipment is customanly covered by a maintenance agreement, Lessee will furnish Lessor wfi:h a mairrtenance agreement by a party reasonably satisfactory to Lessor. No mainterance or other service for any Equipment will be-provided by Lessor. Le:..-::.ee will not make any aterations, additions or improvements rtmprovementsw) 'lo any Equipment without Lessor's prior written consent unless the lmpro~ may be raadily removed wtthout damage to the op9r3tion, value or utility of such Equipment, but any sudl lmprovemerrt:s not removed prior to the termination ot the applicable Lsase shall aLrtnmai:ically become p.a.i of the Equipment '11 . LOCA no~; INSPECTION.. F:.quipmant will not be removed irom, Oi if Equipment is rolfing stocK tts permanent tr=_se wil! not be changed from, the Location without Lessors prior writi:m consent whit:h wil! not be unrsesor.abiy withr.ald. Upon rs=sor.abl5 notice to Lessee, L~or rray entar the Locai:ion or elsewhere during norrnal busi.nss hours b inspe-~ the t=quipment 12.. UEJI!S., SUBLE..!:.SES .t;ND TAXES. 12.. 1 L<==e::e shall k!:ep all E:quipmant tree and clear of aU Liens axc:ept i:hc;;e Liens crsa\:3d undar its Lease. L=s:~.::.:: snan not subet a; lend any Equipmsnt or permit it to be used by anyone other than les:::see Oi Lssss's employees. 12.2 Les:see s.'-aJI pay wh=n due all T :oo::s which may now ar heiSafl:sr be imp-;}sed upon any Equipfrl"'-llt or its owrer;;hip, leasing, rerrt:a\, sale, purcr.a:.:, p::.s:session Di use, upon any l.f?_s: or upon any Rent Payments or any other payments due und3T" any L..s2s=. tf Les:see tails lD !="-3Y such Ta..v:s when -.3- r I .. :-.····:" :.: • ··~· ' I . :'·.···:. ·. ctua, L..~ shall have. the right, but not the Dbiigatbn, to pay such T ~~-tf . Lessor p3}'S any such Taxes, then I "'"'5'* shall, upon cemand, immsciiai=~1 reil"(lbUrse Les-::.Or thereto;. "Taxes· msa.r.s present and tuture i:3Xs, levies, dutie:., ::sses:sments or other govemmentai charges fr!at are not based on the net income of Lessor, whether i:tey a~ ass::ssed to o; payable by Lessee or l.essar, including, without flmrranon (a) Salas, use, excis::., ilcar.;;ing, regb.l.aiion, tltfing, gross receipts., stamp and p.:-~oral property taxes., and [o) irrt:=.:st, psna!Es or fines on any of the i'ore-;Joing. 13. R~SK OF LOSS.. 13.1 Lessee b=..-ars the eniiie r.sk of lcs5, theft, eamage or d:struction of any Equipment in whole or in part from any .-eason what!iD3vsr rcasua!ty Loss"). No Gasua.tty Less to any Equipment shall reiiev:: Lessee from tha obligation to make any Rent Payment; or to periorm a'ly other ·obfigaiion under · any L:ase. Prrx:=ds of any insurance recovery will be applied to Lessee's obiigaiions under this Section 13 . . 132 tf a C:=sualty -Loss o:::.::ur-s to any Equipment, Lessee shall im~ •.. dia'ialy notify Lessor of the same and Les:see st-all, unf=ss otherwise directed by ~sor . immecferety repair the same. 13.3. tf.L~sor ~rmines thai: any rt.am of Equipment hes suffered a Casualty Loss beyond repair ("Lost Equipmenr), itlen L"'-"'S.""e shall either. (a) immediataty replace the Lost Equipment wiTh similar equipmsnt·in good repaii, coildition and '!l'orlcing order tree and cleai of any Uens (except Lessor's LiS!IS) and deiiver to Lesso; a bili of sale covering the replacement equipment, in which event .such replacement equipment shall automatically be E:quipmant under the appficab\e Lease; or (b) on the ·next scheduled Rent Paymerrt date, pay Lessor (i) all amounts owed by Lessee under the applicable Lease, including the· Rent Payment du~ on such date plus (iQ sn amourrt equal to the appficable Termination Value set forth in tile Payment Scheduie to the appiicable Lsese. tf Lessee is making such payment with respect to less than all of the Equipment under a Lease, then L~sor will provide Less-ee with the pro rata amount of the ~nt Payment and T ermination Value to be paid by Lessee wtth respect to the Lost Equipment. (I --r;..fN_ !:r:. ;+.:. ~ l.'c.o.bi)i}1 ~ W-li-l' n &c .1[,%. "2.~1 Ffttr;cb_Df~~ 13 .~"":::-s-: shall bear the risk of loss Tor, shall pay directly, and shall det=n_d against any and all claims, Habilfues, proceedings., actions, expenses [Including reasonable attorney's fees), damages or losses arising under or related to any Equipme.'lt, including, but not iimltsd to, the possession, ownership, lease, use or oper:rtion ther->...o'i. "fhese obfJgations of Lessee shall suTVive any expiration or tennination of any Lease . Lessee shari not bear t'"le risk of lo--::s of, nor pay fur, any claims, !\abiitt:ies, piDCeadings, aciior.s, eXp=o...nses (trtciuding atbmey's f=s), damages or losses which aiise directly from events occurring afer any Equipment has bean returned by Lec:-_sse to Lessor in accordance wiih ihe terms of the applicable Lease or which arise directiy from the gross negligence or willful misconduct of I =-ssor. ~4 . lNSVR.ANCE. 14 .1 (a) Lessee at its sole exper:se shall at all times keep aB Equipment insl!ied against all risks of loss or damage from every cause what5oe-vsr 'for an amount no1 ies:s than the Termination Value of the Equipment. Proceeds ot any such insuranc: covering damag; or loss of any Equipment shall be payable to Lessor as loss p3yae. (b) The Total Amount Financed as set torth on the Schedule A-1 does not include the payment of any premium fur aily iiabllity ir.surance coverage ior bodily injury and.Jor property damage caused I:D others and no such msu.-ance will bs purch=-~=-d by lessor. (c) Lese: at its sole e~r.se shall at all tim=s carry pubiic f;abiiity and property damage insurance in amount; iS2SOnably s:ilisfacinry to L.::.ssor proa""ting Lessee and L=-=-sor iTmn iiabiiities for injuries to parsons and damage I:D property of others relating in any way to any Equipment Pro-a-ads of any such pubilc fabi!ity or property insurance shall be payable fir:;t tn Lasser as ada-rna;;a! irsured to the e.x:i'9nt ot its Habiilty, and then to Lessc::. "\42 All insurers shall be r=sori3biy sal:lsac:tory to L.::.ssor . L:s~e:? shall promptly daflver to L=ssm sqtisfa~bry evidence of required insu;ance C·:Jvsrsge and ali rere\•.tals and replacements thsraof. 2ach insurance poiJCY w111 require that the insurer give L=~ at lsas:t 30 days prior writi:an notice of any ~n:::ellation of such poiic:y and will ~:quire t-at Lessor's interests l"al-nain insured ;egan:flsss crf :my act, error, misrepresentation, omission or n=glect of Lass=. The ii1Surance rnairrtair.ed by La::.-see st-all be piimary without any right of carnpbution imm insurance which may be m:Untain=d by Lessor. 15. PURC.!...iASE OPTION. Upon thirty (30) days prtor writi:sn notice by L=see to Lessor, and so iong ::;; there is no Event of Default then existing, L~-see shall r.avs 1M option to purch::SE all, but not less than -4- ·. •' ·. ; ::. ·::.·1 205 all, of the 2quipTTP-flt covei":!od by a L=se on any · Rent ?syri'P-nt due date •"I paying to Lessoi all Rent Paymer1ts then due (mduding accrued intE!r::st, if any) pius the Termination Value ame>unt set forth on the Payment Schedule to the appi~:::abls Lease TDi such dat::. Upon sai:isacfion by Lessee of suc:h purchase conditior..s., Les:sor shaii rel-"'se its Uen on such E::.quipmerrt and L..=s:see shan retain its title to such . Equipm:mt "AS-IS , \1\IHcR.E-IS," withou1 represenation or war.anty by Le:Ssoi, sxpress or impied, except .for a rep;esentafion mat such Equipment is tree and ol3f of any Liens cr::J::ed by Lessor. 16. LESSEE'S REPRESENTAT)O~S AND WARR.AWTI2S . Eq~ipment., ! es.sse her->~y represents and waJTants ro Lessor ih.at (a) Les:see h2s tun power, authority and legal iight to execute a.,d defwer the Lsass and to P"'...riorm fis obiigaijons under the Lease, and all such actions have been duly authortzed by appropr13IE findings and actions of Les.~'s governing body; (b) the Lsase has been duly e;ecuted and deliver-ad by Le!O:see and con,.~£ legal, vafid and binding obligation of Less.ee., enforceable in accordan~ witn it; tenn&; (c) the Lease !s authoriz:eci undsr, and !hs author"ization, execution and delivery of the L~se complies with, all appfica.bie tedera!, state and local laws and regul:ffions [lnclucfmg, but not iimit:ad io, all open meeting, public b'1dding ·and property acquisition laws) and all applicabla judgments and court orders; (d) the execution, d~ive:ry and peiformancs by L~ of lis obflgaiior.s undei the Lease Wili not result tn a breach or violation of, nor cons;titut;: a default under, any agreement, lease or other instrument to whic.'l Lessee is 3 pa.iy Oi by which Lessee's prope:ri:ies may be bound DT affectad; (e) there !s no pending, or m the best ot L=ssee's k."'lolfllledge thraaened, fitigatie>n of any nature which may have a mat=rial adverse efT:>....ci on Lessee 's abiiity b ~iorm its obligations under the L.sase; and (f) les5ee is a ::.i:ai.e, or a political subcfrvision thereof, c;:; referred to in Section 103 of the Code, and Lessee's obligation under the Lease con~s an enforceable obligation issued on behalf of a siate or a poiitical subdivision theP-of. 17. TAX CO\.'ENANTS. L ,..,s;e hereb)' covenants and agrees that (a) Lessee shaU comply with all of the P-qUirS.11ents of Section 149(a) and Section 149(e) of the Code, c:;; the same may be amended from time to time, and such compience shaH include, but not be fimfed In, keeping a complete and accuiai:e i'acord of any ~ssignm;.'lts of any !...ea:se and ~acuting and fiiing Internal r<evenue Form Bu3BG or 803BGC, ;:s the ca:se may be, anc;l any other information statements reasonabiy requested by Lessor, (b) Lessee shall not do {or cause b be done) any act which will C3L!se, or by omission of any act allow, any Lsase robe an ·arbitrage bond" within the meaning of Se:::fior1 148(a) o1 the Code or any Le2se iD be o "privatE activtty bona'" within the m~ing of Section '14 ~(a) oT the Code; and (c) L=see shall not do (or causs m be done) any act which will caus~. or by omission of any act al\ow, ths interesi portion of any Rent Paym=rrts to be oi beC'.:lme includable in gross income tor Federal im;ome Exafion purposes under the Code. (d) If L;:ssor either (Q ;eceivas noi:ic~. in any iorrn, irom the IRS; or'(iD I'S50napiy cleermines., b::sed on an opinion of indspenderrt tax counsel selected by LE:!:o.-sor anci a.pproV"'..d by L "'"See, which approval Le$ee shan not uniCasonabiy wifhhold, thai Lessor rnay not exclude the i~..st component of sny R.errt Payrrent under a Tax-S.vempt I =se tram Tederal gi'OSS income because Lessee biSached a covenant corrtained iarein, then I "'SSS:: shall pay to L:ssar, wiThin thirty (30) days afer I =sDi notffies Lessee crf such deermiration, th: amount which, with respect to Rent Payments previously paid and taking into account an penalfies, Tines, interest and additions to tax (inciuding all tedeial, ::.i:a:i:e and lo...-al t3xes imposed on ths in'erst component of all Rsnt Payments under such Tax-Exempt Lease dUe through the dae oi such svent) that are impcsed on Lessor ::;; o result of f:he io~ of the excii.!Sion.. wm restD~ to Lessor the same afer-'ax yield on the transaction evicenced by such Tax-Exempt L.s=!se ~ 5- ----·----- .r .. ·!,, .. :--.····: ........... . 2!5 (:..suming ta;: at the hig hest marginal corporal= i::3x rate) that it would have r;,a!ized had .trre exclusion nat been lost. AddmonaHy, Lessee agrees that upon th: o::GUiTence of such an evant wiih rB;:.-p;ti to a Tax-2x31i1pt L.sase, h shalf pay addltior..al rant to Las:so; on each succeeding R.ent F"ayrnent due dat? in such amount as will maintain such after-tax yletd m L=-::.-sor. Les:Sor's da'erminaiion of me amount nsc=-.:-sary 'ID maintain its after-tax yieid as provided in this subseciion (b) sha[! 0= :::onciusiv: (absent rnanit&si error}. Notwff:hstanding anything in a Tax-Exempt Lease tD the contrary , any payrrent friat L=-sae is i:!qUired to make pursuant to this sub:oaction (bj shall be made only from Lega!iy Available Funds. . · • 18. ASSiGNMENT . . . . ·. ----··-··---- 18.1 Lessee shall noi assign, transfer , pledge , hypot'lecai::, nor grant any Lien on, nor otheiW\se ciispos: of, any L=ass or any Equipmerrt or any interest in any Lease or Equipment . 182 Les:sor may assign its rights, title and imeRS.t in and to any Lsass or any Equipment, andiar may gi'311t or =ssign a security ir'ri:erest in any Lsase and its Equipment, in whole or in part, to any party a1 any time. Any such assignee or Hen holder (an "P..ssigree") shall have all of 1he righis of le!;:sor under the appflcabls Laase. LESSEE AGP..EES NOT TO ASSERT AGAiNST Mt.'Y ASSIGNEE ANY CLAIMS., AEATEM~TS., SETOFFS, COUNTERCLAIMS, RECOUPMENT OR AtiY OTHER. SIMfL.!> . ..R, DEFENSES WH•CH LESSEE MAY f-\AVE AGAINST LESSOR.. Uniess otherwise agreed b~1 Lessee in writing, any such assignment transacti on shaH not release Lessor irom any of l....$so r's obflga:tions under the appflcabie Lsase. An as:signment or ra::;s;;igf1mant of any of L=-ssor's right, title or interest in a lsese or its Equipment shall be eniurcr_able against Lessee only after Lessee receives a wrttten notice of .assignment which discloses the name and address of aach such .P..ssignee. Lessee shan keep a complete and accurate record of all such assignments in the foliil necessary to comply with Section 149(a) of the Coda . Le::.-see agrees to aclcnowr-dge in wrfung an~' such assignmerri::s if so req~-ted.. 18.3 Each As:signee of a L~e hereby agrees that (a) the erm &=>...cured Obligations as used in Section 8.3 hereof is hereby amended to include and apply \D all ob!igations of Lessee under the ,Assigned Leases and to exclude the obligations of Lessee under any Nol"'-ff..ss'1gnad le~:::$; (b) said ,ll.s.signee shali have no Lien on, nor any claim to, nor any interest of any kind in., arry t>lon-.Pssignad Lsases; and (c) Assignee shall exercise its rights, benefits al'ld remedies as the as:slgnae of Lessor (tncluding , without limitation, the remedies under Section 20 of ma Masta; Laase) solely with respect to the Assigned L=asa~. • A..ssigned Lsases• msans only those Lsa:oes which have b=n cs:slgnad to an Assignee pur:;uant to a written agreamant; and ·Nor.-Pssigned Leases• means all L.s:ses excluding the Assigned Lec:ses.. 18.4 Subjoct to the foregoing , each Lease inures to the b=nefit of and is bindin-g upon tile heirs., executors., adminStrators., succes:sors and assigns oi tile parties her=\D. 19. EVENTS OF DEFAULT. For each 1 =se, aEvent of D=ta.utf means the occurrence of any ooe or more of 1he following events as they may reiEii:e to such Leese: (a) Lessee tails to tr.ake any Rant Payment (or any othe; payment} as ii b=-..comes dtr.: in accordance with the errns of me lsa'se, and any such fa.J1ur= continues for ten (10) days afer the due date thereof; (b) L.:os:ses tails to periorm or observe any of its obiig:rtions under Sections 12..1, 14 or 18.1 hereof, (c} Lessee ta.i\s to peiinnn or ohserv:; any other covenant., condition or agreement to be pariormed or observed by it under the L:ase and such tanure is not cured within thirty {30) days afer receipt of writi:en natice theraof by Lessor, (d) any s!EEment, representation or v.a.iTanty made by Les:s=e in the 'Lsase or in any writing deiivered by L -=o::sae pursuant ther:3to or in conn::.~on therewith proves at any fif'I'P-'ID have been ta.i=e , misP.:adinQ or erroneous in any matsrial r:::spe::t ::s of the .tim: when mada; (e} Lessee a.ppiiss to; or consent; ,; the appointnent of a receiver, trus'ee, conservaiDr or iiquidator of Less= or of an or a substantial p3li of its csssts, or a petition ior relief is filed by Lss.= under any i:!deral or 5t3re bankrupmy, insolvency or st-nitar law, or a petition in a proceeding unc!-ei any federal or sate bankruptcy , insotvency or similar law is ned against I =e::e and is not dismissed within sixty (60) days ther=ai'\:3r; or (f) I =s:::: st-.:di bs in cb"iau!i under any other Lease or under any other financing agrsaTTBI11 e....vecut=d at any ti.rre with L..e:osor . 20. P~Mt:DiES . If any Event of Deaufi occurs., then Lessor rnay, at its option, exercise any ore or more ot the following ramedies.: -6 - 1 .. •.· ·' : . -. "': ... ... . :'·.····: ...... :..; .I . as (a) L"'SSSr may require Lessee in pay {and Lessee agi::es that it shall pay) all amounts than -currenfjy du:= under all lsas=s and an r:rnaining Rent Payments du: under all L.e2ses during the fiscal y~; in efiect when the de'fault occurs together wtffl inierest on such amounts at the highest lawful rai:e from ire date of Lessors demand fur such payment. (b) ~-so; may require L:.s-s:e to promptly return all Equipment to L.=ssor in the mann!:!! set forth in Section 21 {and Les:=e-: agrees thai it shall so return th: Equipmartf.), or L=sor may, at its opiion., enter upon fhs premises where any Equipment is located and repossess suc::h Equipment wtlhout demand Of noiic:e, without. any court order Oi other proc:ss of taw and wft.houi liability tor any daii13!;.H~ o-::=casioned by such rapc..-ses:sion; (c) l..es.sDi may sell, lease or otherwise dispose of any Equipment, in whole or in part, in one o r . mar= public or privatE transacfiDr!S, and if ~..sor so disposes of any Equipment, then L.es:sor shall retain the entire pro-:::eeds of such cflsposifion tras of any ciaims ~r Lessee, provided, that the net prn....--eeds of any such disposition shall be applied to amounts payable by Lessee under cl3uss (a) above of this Section only to the extent thai such rei proceeds exc...~ the appficable Termination Value sst furtn in the ·applicable Schedule A-1; · (d) Lessor may enninate, cancel or rescind any Lease zs tD any and a ll Equip!TISnt; (e) Lessor may exercise any other right, iemedy or privHege which may t:e ·available to Lessor under applicable iaw or , by appropriate court action at \aw or in equity, Les:sor may enforce any of l...essee's obiigations under any Lease; and/or (f) L.e.:::so; may require Lessee tD pay (and Lessee agieeS thai ii shall pay) all out-of-pcdcet costs and· expenses incurred by Lessor as: a result (directly or indiraci:ty) of the Event of Detault and/or of Les:sor's actions under th!s sectbn, including, without limltation, any attorney tees and expenses and any costs related to the repossession, safekeeping, sto;age, repair, recondttioning or disposiiion of any Equipment None of the above rem9dies is exclusive, but each is cumulative and in addition to any other remedy available to Lessor. Lessor's exercise of one or more remedies shall not preclude its exen:::i.se of any ofrler remedy. No detay or failure on the part of Lessor to exercise any remedy under any L::ase shaU operate as a waiver thereof, nor :s an acquiescence in any default, nor sr.an any single or partial exert::ise of any ~amecty pieclude arry other exercise thereof or the exercise of any other remedy. 21. RETUP...N OF EQU1F>MENT . n Lessor is entitled und9i the provisions oi any Lsase, including any termination thereof pursuant to Sa>...ctions 6 or 20 of this Master I ee:se, to obtain possession of any Equipment or it Lessee is obilgatsd at any time to return any Equipmsn~ then {a) title to the Equipment shall vest in Lessor immediateiy upon Lessors notice thereof 'co Lessee, and (b) Lessee shal~ at its sole expense and risk. immecfraely de-instaU, disassemb.\::, pack., crate, insure and ;etum the Equipment tD L.es:s·:x (all in accordance with applicable industry standards) at any lo...--ation in the continerrt:al United Sates selected by Lessor. Such _Equipment shall be in the same cona-rtion as when received by ~see (raasonable wsar, tsar and depra.--iai:ion resulfing irom nonna! and propsr use e...."Cep'ed), shan be in good opei3i:ing order and maintsnance c::s raquired by the applicabi: l...sase, shall be ira:! and clsar of any Uens (exc:pt Lessor's Uen) ancf shaU comply with all appii:::able lavts and regulations.. Until Equipment is ratumed as r9qui~ above, all tanns of the appftcabls Lease shall remain in full force and eff=ct including, wttrmut limitation, abiigations 'iD pay Rent Payments and to insure me Equipmsill LE!""_see agrees to ex:acuts and defiVei .to I =<:-s.or aO c!oc:umerrts i"SaSDnably requesiad by lessor lo evidence the trar.ster crf legal and beneficial if'Je to such Equipm:ni to Lessor and to evidance the 'ermir.afian of .1 -=s:see's i~ in su--Jl Equiptnsnt. 22. LA.W GOV2RNlNG.. Each Lsase shall be governed by fue ~aws of the ~ of fue lessee (Tne "Stat&").. 23. NOTJCES . All notices to be giv:n under any L=ass shall be mac-e in wriling and eith=r personafty ciefwe;sd a; mailed by cefiiiied mail to the other party at its address ;;;st rorth hei:in or a! sud', addi:!SS as the party ln3Y provi~ in writing trom time to time. .A.ny such notic=s s..'1all be deemed to r.ave been receiv-ed five (5) days ;;utseqt.ent to mailing if sent by regular or c:ii:ffied mail, or on th: nex:i. bl.!Si ness -7 - ··•··.· ~. ..... ... .. ·:· · .. : .. ····: •..• 1 · .. day if sent by overnight courisr, or on firs day of defrvary if deliver=d personally. 24. FINANCLb-.L INPORMATIDN; INDEMNJTY; POweR OF AITORNEY. Wrth!n thirty (30) days of thai; cornptstion in sach fts....-:11 )'9; of Less::.: duting any Lsase Term, Lossee will deliver to Lessor upon L --sors request the pubfrcly avai13bfa· annual financial information of Lessee . To UP-e.xiant psrtniti=d by law, I assee st-..all indemnity, hold hannless and, if L-=-=sor reque:."'is, defend Lessor and its shareholdars., affiliates., smployses, dealers and agents against aU Ctaims cf~raCti)' or indirectly arising out oi o; corm:cted witii {a) the mamriac:~. instafiaiion., L.!se, leasa, poss:=~ion or d:=Hv=ry of the Equipment. (b) any detect.;. in the Equipmenl any wrongful act or omission of L.e::-see, or its emplpye=s and agents., or (c) any claims of alleged breach by Less::.: of this Mcsi:ar Lezse or any relaed document. "Ctaims" means aU lD»t:s, liabilifies, damages, penalties, e-xpenses {inclucfmg attorney's fees and ecb"is), claims, aci:ions and suits., whether in contract, tort or otherwise. L...essee hereby appoints Lessor iG true and tawful 3tiomey..jn-f3Ci: (with full power of substitution) to piapa;e any instrument, certificate or title or nnan~ng stat=ment covering the Equipment or otherwise protecting Lessors interest in the ~quipment, iD sign L""'::see's name with fue same furc; and eiF...ct :=s lf signed by Lessee, artd to ti!e same ai the proper location(s.); and mal<; clarms tor, rec=ive payment of, and exe:::ute and endorse all document;, checks or drafts tor loss, theft, damage or d=struction ro the Equipment under any insurance . · 25 . S2GTION HE:...D;.DiNGS . All section headings contained herein or in any Schedule are for convenience of re~rence only and do not define or limit the scope of any provision of _any Lease. 2.6. 8CEC!JTION IN CDU~R?ARTS . Each Schedule to this Master Lease may be executed in several countarpar5, each of which shafl be deemed an original, bui an of which shall be deemed one ins:irumenl Dn!y one counerpart of each Schedule shall be markad "Lec:...sor's Oiiginal" and all other counterparts shall be deemed duplicates. An assignment of o: security interest in any Schedule may be creat:ed through transfer and possession onty of the counteipart marked •Lessors Original." Zi. ENTIRE AGREEMENT; WRITTEN AMENDMENTS. Each Lsas:, together with the exhibits attached thereto and made a part hereof and other attachments thereto, artd other documents or instruments executed by L~ee and LeSsor in connection therewith, con.:.-titl..fre ihe eni:ir: agreemsrrt between the parti'=s wiih raspect to the lease of the Equipment covered thereby, and such Lease shaH not be modified, amended, altered., or changed except wTI:h the written consent of Less~ and Lessor. My provision of any Lease tound to be proh!bitad by taw shall be ineffeci:ive to the extent of such prohibition Without invafrdating the remainder of the Lese. Cftv oi Palm !3-scb-Gardens ("LE$see")/J7) By'f..: t£~t:t::r:::r"----- Tltle} F~ A;,;;;_£· . ;1 b/11~-' .r s;d?A~ · ·. 10500 North Miiitary Trail PaL"Tl Beach Gardens., FL 3341 0 Oshkosh Caof.:al {"Lessor") 8y:~~~ .. . . " Title Q~~· ~ ~..A.~ 155 E=si Broad Street, B4-82.30-05-7 Columbus , OH 43215 .. ::·.: ···.: ··-.. ·· .. .- .... 1 .. ! FLORIDA MASTER LEASE-PURCH..!!.SE: .. ~DO:NDUM (i=iorida l.aL:3J Government Lsase) Dct..OO />.s Of December 5. ?01 i Westar Lsass-Pun::has; Agreement Dated Dscam!:Er 6 . 2011 Less*: Citv of ?aim Beach Gardens ·~· ..... : ...... ·· .. ·:: ... · 1 : R~ncs ls rr.ad: to the abov= 1V12:.-re,-Lsas:-Purct-.ss Agr.errent {"lltestEr I ""'"Sej by and retwssn C$hkosh Capit:IJ ("Lessorj and the abo~ essss ("Lassaej. Th!s Adc:lsndurn 31YP-nds and modffias the erms and conamons of the llt.a..-'r9r L:!ase and is hereby rrade a part of the Master L.:.as~. Unless o!herw.se defined rerein, c;apttaii2:9d terrrs d....aftned in the tv"..aster Lease sl-.all have the same meaning when ussd hen~in. NOW, T."7!=?'.£FORE, as pari of fre valuable considei'aiion to induce fils exa-:;ui:ion of Leases, L=sor and Lessee hereby agP-a to am311d the Maser l..rese as to0ov.!5': '1 . Sad:ion 6, 1 :::.RMlt-U. TlON FDR GOVERNNicP\'T AL NON-APPRO?RlA.TIONS. Subsecfion 62 of the Mastsr !...ease is deieoted and replaced with the following: 62 If Lessee's governing body fails to appropriate sufficiei-rt i\mds in any nscal year fur R...."'fl'i J=>ayme~ or other payments due under a Lease and if other tunds are not avaJ1able ior such pa)'IW'...nts, then a ·Non-Appropr'.aiion Event" shall be ceemed to ~ o-:::curred. If a Non- Appropriation Event OCClll'S, then: (a) Lessee shaD give Lessor immooete notice of such Non- Appropriation Event and provide written evidence of such tailure by Lessee's goveming body; (o) on the Return Oat:, Lss:see shall return to Lessor all, but not les5 than all, of the ~uipiTleni covered by the affed:9d L..ease; at L"'"'>e='s sole ~:se. in accordance with 5=-....dion ~1 hsreoi, provided, th:rt if Lessee tails to so return the Equipment, then Lessee snail pay to Lessor the iuD amount l..lilder Sec:Don 15 hereof as rr Lessee had 31ected !o exercise its purchase option ior Equipment;" and (c) the afr=o.~ Lsase sh3ll teiTTlirate on the Return Date without penalt)l or expense 1o Lessee, provided, that L "'"see sr..an pay all Rent ?aymeni:s and ather amo~ payable Lmderihe aff;d:ed L-=s: furwhld"l funds shall have besn appropriated or are otherwise ava11ab\e, provided further, tha! Lessee shall pay rnortih-to- month rent a:i the rare set Torih in the afiect;d Lezse tor sac:h month or part thereof that Lessee iails to return the Equipment under fhis Section 62. CRatum Dare' msans the last day ot the fiscal y=....ar ior which appropriations w<>...re made ior ihe Rent Payments due under a Lease. 2.. iollowing: S9dion 8, inducfmg subs.....c:fions 8.1, 82 and 8.3 the Master l.sase, ar;; deleted and repiaced with 1he "'8. Ti1l..E.; UCC FTUN~. "8 .1 Upon L=ssee's acceptance of any Equipment und!=-a Lsatoe, tltls mthe Equipment st-.all vest in Lessee, subject to Les:soi"s rights under such Leese inducflng, wiihoui llmii:aiion, Sections 6., 20 and 21 hereof. "B2 Les:sor sl-.afl not have a s9CI.Ility int=.cst in any of ttre Equipment und2r the Uniiorrn Comrnertial Code of the st:ats of Florida. btt~, in ord21 to givE noiic= 'iD ofh~ of Lessor's tights under ~ons S, 20 and 2"1 h--J'SOf , Lessee a9f9e5 to ~a:::ut: and defiV3f to lssoi UCC financing staiBrnerttr. relaiing 1o the Equipment and any amanci~ thereto .• 3. All of Se::fian 20 ls deb.~ and P-p.taeed wiih the iollowing:: "20. P...EMEDIS. If any Evarrt of De.tauH ct::e:tm>, iiren Lessor rmzy, at iiB option, ~r::ise any one or more of !:he tonowmg remecfes: &(a) L<>ssor may require 1 ""S=>~ to pay·, and L:sses agreas ihai it sr.ali pay , (1) all amo~ then currently due und3r all I =s""'. (2) an remaining Rent Payments due unds all I -=sss during ths fiscal year in ai'i'ad. whsn fils Evant of D=ta:uti oc:::::ur&, (3) to trn! ex:i:erli pelmltted by appii:::ahls law, 1hs l'911Tlinai:ion Vatue due under an Lsases wh<>..n the Evant of Dsiauti ot::CllrS after subtiacfing all amount; paid by Les:ses und9T' subclat!se (2) oftrns clause (a}, and (4) inerest on the ioragoing amCll.IIrts at the hi¢1='--St lawiul raE from ths nate af L """'SCli'"S demand lOi such payme~ . :. :. ... ······. . ::-. -· .. : .......... ·~:. · .. ~ "(b) upon ~s request, Lessee wiD promptly return all Equiptrl"..nt to Lessor in the manner sst forth in Section .2"1, provided, fr-at Lessor v.-ai\es and rei:::ases any ri ght that it rr-.ay have at \aw or in equity to sp:-..diic o: compulsory pericrrr-.anc:e otfue ioregoing agrasrrent of Less=s to ratum the Equipment to Lessor; "(c;} if L.E-s=:== ratums an y :.quipmerrt to I =sor under clause [o) above , then L:s3or ag;::--es to us: c:Omrnarcially ~~ efiort; · undsr then Cllii""'....rrt cir.::umstanc:es to sell, lass o; oihsrwise dispose of such Equipment., in whole or in part, in one or more pubfiC or pri'w'Elte transac:l:ior.s, and lf Les:sor so cftspcsss ot any sum Equipment, thsn L:sscx shall ratain the eniir; p~ of such c:fisposifion ir:::e of any claims of L:s~ up tD, but nat ext:-·''edi~. an amounis then CllJTeflfiy due under all Lsass, pius the Terminaiion Varua due under all LS"'..ses when the Eveni of tb""'tauli oc:::urs plus the ~er:ses sst forth in c::l3use (e) of this Section; "(d) subject to the provisions of the Leases i:i"ai restrict Lessors right to raposse::s or foi"3Ciose on the Equipment. L.es:sor ma)' exar:::ise a,,y otha.-rtght, remedy or privilege whi::h may be availabie to Le;;sor unc:Sr appiic:able law or Lessor may enforce any of lessee's obiiga:Dort.s under any l.sasoe by appropriate court at:tion st law or in equity; andlor · "(e) Lessor may require Lessee to"~ay (and Lessee agrees that il shall pay) all alt.-of. podcet costs and e-;:penses in:::ul""TOO by 1 =-sor ~ a result (cfu:s::Dy or indirecfiy) offue Event ofi:>aiauli and/or oi Lessor's aciions under this section, including, without iimitafion, any atl:omey rees and ~ses and any costs relaed to the repossession, sarekeeping, storage, repair, l'econdiiioning or , disposition of any Equipment •None of the above remedies is exclusive, but each is cumulative and i n adamon to any other remedy available to Lessor. Lessor's exercise of ooe or mors remedies shaD not pr;dude i!s exercise of any other remedy. No delay or failure on "the part oi Lessor to exertise any remedy under any L~se sl-.all o~....rate as a wa"rver ttP....reoi, nor as an a01uiesrence in any default, nor st-.all any single or partial e..."erciss of any remedy preclude any other exertise thereof or thE exercise of any other remedy." 4 . Nothing in the 1\/'.as'er Lsass or any Schedule s.l-.all be interpreted or consi:rt.led as granting Le,.-sor a ss;:;urty iili:e;:st in or other flefl or encumbrance on any Equipme."IL Notwithstanding anything to the corrt;a;y in tire Master Lease-or any Schedule, Lessor v.-aives and reieases any right that ii may have at law or in equity to specifu: o r compulsory performance of any agreemerrt of !..9sses to return i:he Equipment to Lessor, to trafb"ier legal or b;m<>....fidal tffi:: to the Equipment to Lessor or to repossess or ioraclose on any Equipm=-..nt.• 5. Lessor aclcrlowledges that (a) no Lease witl b; a general obiigaticn of L.essae, (b) no Lses; will be payable trom a pledge oi ad valorem \:aves., and (c) no !...ease shall con..""if!ut.e a pledge of eff:he.-me run faith and c:iedit. of Lesssa or the taxing pOIIIIef of l.&-ses. a . · Sxepi as expressly amended by this Addendum and oihef mocfriicaiior.s signed by Les:sor , "lhe Master Lsase remains uni:nanoed and in full force and effect. . ... . . .•. IN WITNESS WHEREOF, tha parties heretO have e...."aCUied th.i-s Addendum as of !he date first rs"ia;enced above. Citv of Pa\rn 3e~ Garr:i-'>...r.s 0 ""'"See)/?/,.__/ -ay.'i~ TIH:'{ Fr.N'~ fJ!yttrrv:r~TJf:A~ ... 1 i ,, CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5, 2015 Resolution 4, 2015 Subject/Agenda Item: Lease of One (1) Pierce Custom Velocity 100' Aerial Platform Truck from Ten-8 Equipment, Inc. through Oshkosh Capital. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Submitted by: ~------------~ Approved by: Originating Dept.: Fire Rescue /k£1/.[titf David DeRita Deputy Chief, Admin Advertised: NA [ x 1 Not Required Affected parties [ 1 Notified ot required Costs: $1 .060.934 .72 (Total) $ N/A Current FY Funding Source: [ X 1 Operating [ 1 Other Contract! Agreement: Effective Date: Expiration Date: Budget Acct.#: 001.1230 .522 .6410 Council Action: 1 Approved 1 Approved w/ Conditions 1 Denied 1 Continued to: Attachments: • Resolution 4, 2015 -Exhibit "A": -Proposal and Specifications -Exhibit "B": -Turn-In Lease Proposal -Exhibit "C": -Lease Agreements Meeting Date: February 5,2015 Resolution 4, 2015 Page 2 of 2 BACKG ROUND: The Fire Rescue Department currently maintains an aerial platform truck for emergency response purposes and as backup for the frontline vehicles. The aerial platform truck is the only 1 00-foot aerial in the Fire Rescue fleet. Over the past year, the current aerial platform truck has required numerous repairs and is more costly to maintain . The current aerial platform truck is a 2004 and is exceeding its scheduled replacement date. The City desires to lease purchase one (1) Pierce Custom Velocity 100' Aerial Platform Truck to replace the unit that will be traded in for the new aerial platform with the trade- in value of $210 ,000 being applied to the lease purchase price pursuant to the Lease Proposal. STAFF RECO MM EN DATION: Staff recommends approval of Resolution 4, 2015 as presented . 1 RESOLUTION 4, 2015 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE LEASE 6 PURCHASE OF ONE (1) PIERCE CUSTOM VELOCITY 100' 7 AERIAL PLATFORM TRUCK FROM TEN-8 FIRE EQUIPMENT, 8 INC., AN AUTHORIZED DEALER FOR FIRE ENGINES IN THE 9 STATE OF FLORIDA; AUTHORIZING THE CITY MANAGER TO · 10 EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE 11 SUCH LEASE PURCHASE AGREEMENT; PROVIDING AN 12 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13 14 15 WHEREAS, the City of Palm Beach Gardens Fire Rescue Department is solely 16 responsible for the delivery of all Fire Rescue services throughout the City; and 17 18 WHEREAS, the Fire Rescue Department currently maintains an aerial platform 19 truck for emergency response purposes and as backup for the frontline vehicles; and 20 21 WHEREAS, the City desires to lease purchase one (1) Pierce Custom Velocity 22 100' Aerial Platform Truck, as described in Exhibit "A," to replace one (1) aerial platform 23 truck which will be traded in on the new aerial platform truck, with the trade-in value of 24 $210,000 being applied to the lease purchase price pursuant to the Turn-In Lease 25 Proposal, which is attached hereto as Exhibit "B"; and 26 27 WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to 28 "piggyback " an agreement awarded by another governmental agency pursuant to a 29 competitive sealed bid ; and 30 31 WHEREAS, the City Council deems approval of this Resolution to be in the best 32 interest of the health, safety , and welfare of the residents and citizens of the City of 33 Palm Beach Gardens and the public at large to grant a lease purchase award to Ten-8 34 Fire Equipment, Inc., an authorized dealer for Pierce fire engines, and financed through 35 Oshkosh Capital, based on an agreement executed by the Florida Sheriffs Association , 36 Bid #11-10-1202, Specification #10 , a copy of which is attached hereto as Exhibit "A," 37 for the purchase of one (1) Pierce Custom Velocity 1 00' Aerial Platform Truck. 38 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41 OF PALM BEACH GARDENS, FLORIDA that 42 43 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 44 45 46 Page 1 of 3 Resolution 4, 2015 1 SECTION 2. The City Council hereby approves the purchase of one (1) Pierce 2 Custom Velocity 1 00' Aerial Platform Truck from Ten-8 Fire Equipment, Inc. for an 3 amount not-to-exceed $1 ,060,934.72, and authorizes the City Manager to act on behalf 4 of the City of Palm Beach Gardens in order to negotiate , enter into, execute , and deliver 5 one or more Lease Agreements in substantially the form set forth in Exhibit "C", 6 attached hereto and incorporated herein, which is presently before the City Council. 7 The City Manager, acting on behalf of the City of Palm Beach Gardens, is hereby 8 specifically authorized to negotiate , enter into, execute , and deliver such other 9 documents relating to the Lease Agreement as the City Manager deems necessary and 10 appropriate to effectuate such agreement. 11 12 SECTION 3. This Resolution shall become effective immediately upon adoption . 13 14 15 (The remainder of this page intentionally left blank) 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4 7 Reso lution 4, 2015 PASSED AND ADOPTED this __ day of ________ , 2015. CITY OF PALM BEACH GARDENS, FLORIDA BY: -----------------Robert G. P rem u ro s o, Mayor ATTEST: BY: --------------Pat ric ia Sn id e r, CMC , City C le rk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman, City Atto rn e y VOTE: AYE NAY ABSENT MAYOR P R E MU ROSO V ICE MAYOR JABLIN C OU NC IL M E MBER RUSS O COUNCI L M E MBE R TI NS LEY COUNCILMEMBER LEVY G:\attorney_share\RESOLUTIONS\2015\Resolution 4 2015 -Lease of Fire Rescue Vehicle (Pierce Aerial Platform Truck).doc Page 3 of 3 Resolution 4, 2015 EXHIBIT "A" ( c -\ ( PROPOSAL FOR FURNISHING FIRE A PPARATUS Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens FL 33410 Dec 2, 2014 The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One Pierce Custom Velocity 1 00' Aerial Platform $ 1' 112,231.00 -Purchase from Florida Sheriffs Contract 11-10-1202 Spec 10 Fire Rescue Vehicles and Equipment Trade 1 00' Palm Beach Gardens Pierce Platform (21 0,000.00) Trade to be in good operating condition and current certifications. Total $ 902,231.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 2 months after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at PBG-FL. The specifications here_in contained shall form a part of the fmal contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the · apparatus. The proposal for frre apparatus conforms with all Federal Department ofTransportation.(DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFP A standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 28 days from date, the right is reserved to withdraw this proposition. ~ <1'-' -----~>,!~"""~ SD1 3 97 R evised: 12/29/2008 Customer: 1.,.--. Representative .:>rganization: Requirements Manager: Description: Body: Chassis: Proposal Option List Palm Beach Gardens Fire Rescue Schneider, Michael Ten-8 Fire Equipment, Inc 100' Velocity PAP-Steel Aerial, Platform 100', Alum Body Velocity Chassis, PAP/Midmount (Big Block), 2010 Bid Number: Job Number: Bid Date: Stock Number: DBVersion: 399 12-05-2014 02.00.0573.0000 Line Option Type Option Description Qty 1 0658294 2 0018180 3 0584456 4 0584452 5 0588609 6 0533316 7 0533351 8 0588612 9 0681278 10 0008036 11 0536644 ,-. 12 0537375 13 0529326 14 0540326 15 0000007 16 0002928 17 0564213 18 0057446 19 0000110 20 0000070 21 0000203 22 0060637 23 0508846 24 0090914 25 0087572 26 0000322 27 0582746 28 0019618 29 0582646 30 0544244 31 0555355 32 0000485 33 0642603 34 0019653 ,-35 0568081 36 0545391 37 0057936 38 0002045 12/2/2014 9:13AM Boiler Plates, Aerial100' Platform Fire Department/Customer-Palm Beach Gardens Operating/In conjunction W-Service Center-Operating Miles -50 Miles Number of Fire Dept/Municipalities -10 Bidder/Sales Organization -Ten 8 Fire Equipment Inc. Delivery -Delivery representative Dealership/Sales Organization , Service-Ten 8 Single Source Compliance (Aerials) Manufacture Location: Appleton, W isconsin RFP Location: Appleton, Wisconsin Vehicle Destination, US Comply NFPA 1901 Changes Effective Jan 1, 2009, With Exceptions Quint Fire Apparatus Vehicle Certification, Aerial w/Pump Agency, Apparatus Certification, Aerial w/Pump, U.L. Career/Paid Department Customer Service Website Unit of Measure, US Gallons Bid Bond, 10%, Pierce Built Chassis Performance Bond, Not Requested Approval Drawing Electrical Diagrams Velocity Chassis, PAP/Midmount (Big Block), 2010 Maximum Overall Weight Fill in Blank-Please do a weight review Wheelbase Wheelbase -264.00 GVWRating GVW rating -84000. Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/ImpNei/Dash CF Frame Liner, lnv "L" 12.68" x 3 .00" x .25", AXTNeVImp, Full Length Axle, Front, Oshkosh TAK-4, Non Drive, 24,000 lb, Velocity Suspension, Front TAK-4, 24,000 lb, DLX/Qtm/AXTNel Shock Absorbers, KONI, on TAK-4 Qtm/AXT/ImpNeVDCF/Enf Oil Seals, Front Axle Tires, Front, Goodyear, G296 MSA, 445/65R22.50, 20 ply Wheels, Front, Alcoa, 22.50" x 13.00", Aluminum, Hub Pilot Axle, Rear, Meritor RT58-185, 60,000 lb, Velocity Top Speed of Vehicle, 60 MPH Suspen, Rear, Hendrickson FMX 622 EX, Air Ride, 62,000 lb Oil Seals, Rear Axle T ires, Rear, Goodyear, Regional RHO II HCT, 315/80R22.50, Tandem, Fire Serv Load Wheels, Rear, Alcoa, 22.50" x 9.00", Aluminum, Hub Pilot, Tandem T ire Balancing, Counteract Beads Tire Pressure Mon itoring Valve Cap Qty, Tire Pressure lnd-10 Covers, Lug Nut, Chrome Mud Flaps, w/logo front & rear Bid#: 399 1 1 12/2/2014 Page1 Line Option Type Option Description Qty 39 0544802 Chocks, Wheel, SAC-44-E, Folding 2 Qty, Pair-02 40 0544806 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal 2 .~ Location, Wheel chock -DS Qty, Pair-02 41 0593759 ESC/ABS/ATC Wabca Brake System, Tandem Rear Axle, 2010 42 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 43 0000730 Brakes, Meritor, Cam, Rear, 16.50 x 7.00" 44 0058463 Air Compressor, Brake, Bendix 15.8 CFM 1 45 0000794 Brake Reservoirs, Six 1 46 0568012 Air Dryer, Wabco System Saver 1200, 2010 47 0000790 Brake Lines, Nylon 48 0000854 Air Inlet, w/Disconnect Coupling Location, Air Coupling(s)-a) DS Step Well Qty, Air Coupling (s)-1 49 0070810 All Wheel Lockup (Aerial/Tanker Chassis) 50 0596701 Diagnostic Software, Wabco, Toolbox, Latest Version, CD Software Only 1 51 0666587 Engine, DDC DD13, 500 hp, 1650 ft-lb, W/OBD, EPA 2013, Velocity 1 52 0001244 High Idle w/Eiectronic Engine, Custom 53 0590300 Engine Brake, Jacobs Compression Brake, DD13 Switch, Engine Brake-h) DD13 Hi Mad 54 0552334 Clutch, Fan, Air Actuated, Horton Drive Master 55 0013964 Diagnostic Software, Detroit Diesel Diagnostic Link (3DL), CD Software Only 56 0123135 Air Intake, w/Ember separator, lmpNel 57 0677344 SP Exhaust System, 5", 2010 DD13, ISX engine, Vertical, Thru Rngbrd, Officer Side 1 58 0557543 Radiator, lmpNel 1 59 0511426 Cooling Hoses, Silicone 60 0051125 Fuel Tank, 75 Gallon, Left Side Fill, Qtm/AXTNel/lmp/DCF/SFR!Enf 61 0001129 Lines, Fuel 1 62 0595087 DEF Tank, 4.5 Gallon, DS Fill, Forward of Rear Axle 1 ,.--..... Door, Material & Finish, DEF Tank-Polished Stainless 63 0552793 Not Required, Fuel Priming Pump 64 0552712 Not Required, Shutoff Valve, Fuel Line 65 0553019 Cooler, Engine Fuel, lmpNel, AXT/Qtm/Sab/DCF/SFR!Enf 66 0690880 No Selection Required From This Category 67 0642582 Trans, Allison 5th Gen, 4000 EVS P, lmpNeiNel SL T/DCF/SFR!Enf, w/Prognostics 68 0510877 Transmission, Shifter, 6-Spd, Push Button w/4+2 mode 1 Trans, ratio -4000 EVS, 6Spd 69 0684459 Transmission Oil Cooler, Modlne, External 1 70 0064469 Diagnostic Software, Allison DOC Package (For Computer) 1 71 0565656 Fluid, 4000 Series Transmission,TranSynd synthetic, IPOS, Custom 1 72 0001375 Driveline, Spicer 1810 1 73 0669988 Steering, Sheppard M11 0 wmlt, TAK-4, Eaton Pump, w/Cooler 74 0001544 Not Required, Steering assist cylinder on front axle 75 0509230 Steering Wheel, 4 Spoke without Controls 76 0690274 Logo/Emblem, on Dash Text, Row One -Palm Text, Row Two -Beach Gardens Text, Row Three -Fire Rescue 77 0691110 Lube System, Lincoln, 22 Point, w/TAK-4 1 78 0524744 Bumper, 22" Extended Steel Painted, lmpNel 1 79 0510226 Lift & Tow Package, impNel, AXT, Dash CF 1 80 0002270 Tow Hooks, Chrome 1 81 0659326 Center Tray Not Required 1 82 0591012 Hose Restraint, Bumper Tray, Straps with Fasteners 2 Qty, -02 .---... Type of fastener -2" side release Location 7 -passenger & driver's side 83 0012251 Tray, (1) Hose Left Side of Bumper Grating, Bumper extension-Grating, Rubber Capacity, Bumper Tray-19) 100' of 1.75" 12/2/2014 9:13AM Bid#: 399 Page2 Line Option Type Option Description Qty 84 0012222 Tray, (1) Hose Right Side of Bumper Grating, Bumper extension-Grating, Rubber Capacity, Bumper Tray-19) 1 DO' of 1.75" ,..........,. 85 0698960 Coating, Top Flange, Front Bumper, Outside Exterior, Line-X Coating, Black 86 0668314 Cab, Velocity FR, 7010 Raised Roof w/Notch 1 87 0668309 Engine Tunnel, ISL and DD13, lmpeiNelocity FR 1 88 0677478 Rear Wall, Exterior, Cab, Aluminum Tread plate 1 89 0122465 Cab Lift, EleciHyd, lmpNel 1 90 0123176 Grille, Bright Finished, Front of Cab, lmpeiNelocity 1 91 0512716 Scuffplate, Rear of Engine Tunnel 1 Material Trirn/Scuffplate-b) SIS, Brushed 92 0002224 Scuffplates, SIS At Cab Door Jambs 1 Material Trirn/Scuffplate -c) SIS, Polished 93 0012226 Scuffplates, SIS Corner Guard, Polished, Rear Cab Corners 94 0527032 Trim, SIS Band, Across Cab Face, Rect Lights, Velocity Material Trirn/Scuffplate -e) SIS, Patterned Turn signal Covers -Polished SIS Covers 95 0087357 Molding, Chrome on Side of Cab 1 96 0521669 Mirrors, Retrac, West Coast Style, Htd/Rmt, w/HtdiRmt Convex 1 97 0667921 Door, Half-Height, Velocity FR 4-Door Cab, Raised Roof 98 0655511 Door Panel, Brushed Stainless Steel, lmpeiNelocity 4-Door Cab 99 0667905 Storage Pockets w/ Elastic Cover, Recessed, lmpeiNelocity FR 100 0667902 Controls, Electric Windows, All Cab Doors, lmpeiNelocity FR 101 0555485 Steps, 4-Door Full Tilt Cab, Std, lmpNel 102 0552559 Steps, Stirrup, Cab & Crew Cab Doors, lmpNel Light, Step, Additional -P25 LED 103 0509649 Lights, Cab and Crew Cab Access Steps, P25, LED wiBezel, 1 Light Per Step 104 0002140 Fenders, SIS on Cab 105 0122479 Window, Side of C/C, Fixed, lmpNel 1 106 0552935 Trim, Cab Side Windows, Velocity 1 ~ 107 0012090 Not Required, Windows, Front/Side of raised roof 108 0509287 Windows, Rear CC, (2) 8" x 14", lmpNel 109 0553196 Trim, Cab Rear Windows, Velocity 110 0663375 Mounting Provisions, 1/4" Alum, Full Engine Tunnel, Vel/Imp 1 Mounting Provision Spacing -1.00" Material Finish, Cab Interior-Painted 111 0667945 Cab Interior, Vinyl Covered Walls, Velocity FR 1 Color, Cab Interior Vinyl/Fabric-a) Silver/Gray 112 0667943 Cab Interior, Paint Color, lmpeiNelocity FR Color, Cab Interior Paint -I) fire smoke gray 113 0509532 Floor, Rubber Padded Cab & Crew Cab, lmpNel, Dash CF 114 0667936 Heater/defroster, Dual Zone Control, lmpeiNelocity FR 115 0640891 Air Conditioning, lmpeiNelocity FR, Dual Zone Control, Aerial, Hinge Ace Pnl 116 0640814 Dual Condensate Drain Tubes for A/C Drip Pan, lmpNel FR 1 117 0681129 SP Air conditioning, Badge Aire, 115V, Cab Roof, Cool Only, Painted, Aerial 1 118 0543257 Grab Handles, Driver Door Post & Passenger Dash panel, lmpNel 1 119 0002526 Light, Engine Compt, All Custom Chassis 1 120 0122516 Fluid Check Access, lmpNel, AXT 1 121 0002508 Map box, 3 bin/30 deg slant, Custom Chassis 1 Location -pick up Qty, -1 122 0583040 Frontal Impact Protection 123 0000109 Seating Capacity, Cab 5 Qty,-05 124 0697006 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back, Frontal impact 1 125 0696991 Seat, Officer, Pierce PS6, Premium, Frontal Impact, Air Ride, SCBA 1 126 0002517 Not Required, Radio Compartment 1 ,..........,. 127 0102788 Not Required, Seat, Rr Facing CIC, DS Outboard 1 128 0102783 Not Required, Seat, Rr Facing C/C, Center 1 129 0199409 SP Cabinet, EMS, Rear Facing, PS, 20 Wide x 24 High x 26 Deep 1 Door, EMS Cabinet-(2) vert. hinged drs w/lock 121212014 9:13AM Bid#: 399 Page3 Line Option Type Option Description Qty 129 Light, Short EMS Compt-Amdor, Left Side 130 01 99330 Seat, Forward Facing C/C, DS Outboard, Pierce PS6, Base, SCBA, Foldup ~ 131 0123170 Seat, Forward Facing C/C, Center, (1) Pierce PS6, Base, SCBA 132 0199329 Seat, Forward Facing C/C, PS Outboard, Pierce PS6, Base, SCBA, Foldup 133 0566653 Upholstery, Seats In Cab, Turnout Tuff Color, Cab Interior Vinyl/Fabric-m) Gray 134 0543991 Bracket, Air Bottle, Hands-Free II, Cab Seats 4 Qty,-04 135 0627339 Seat Belt, Ready Reach Seat Belt Color-Red 136 0553393 Seat Belt Height Adjustment, lmpNel, Dash CF 5 Qty,-05 137 0627014 Pick Not Required, Seat Belt Color Selected in Seat Belt Option 627339 138 0691237 Seat Belt Monitoring System 139 0543133 Bracket, Helmet Holder, Zico UHH-1 Qty, Helmet Storage Brkt-5 140 0647638 Lights, Dome, Weldon Dual LED 4 Lts Color, Dome Lt-Red & White Color, Dome Lt Bzl -Black Control, Dome Lt White -Door Switches Control, Dome Lt White-Lens Switch Control, Dome Lt Color-Lens Switch 141 0628472 Light, Map, Overhead, Peterson M371S LED, Rectangularw/Switch 12vdc power from -Battery switched 142 0555813 Handlights, (4) Streamlight, Fire Vulcan, 44451, C4 LED, Tail Us, 12v, Orange 1 Location, lights -TBD 143 0568369 Cab Instruments, Ivory Gauges, Chrome Bezels, lmpeiNelocity 2010, Dash CF 144 0509511 Air Restriction Indicator, lmpNel, AXT, Dash CF 145 0543751 Light, Do Not Move Apparatus Alarm, Do Not Move Truck-Steady Alarm r---146 05 09042 Messages, Open Door/Do Not Move Truck, lmpNel, Vel SL T, AXT, Dash CF/Enf 1 147 0509921 Switching, Cab, Membrane, lmpeiNelocity/Quantum, AXT MUX, Dash CF 1 Location, Emerg Sw Pnls -Driver's Side Overhead 148 0551600 Switching, Cab, Rocker MUX, lmpeiNelocity, AXT MUX, Dash CF Location, Emerg Sw Pnls -* 149 0555915 Wiper Control, 2-Speed with Intermittent, lmpeiNelocity, Dash CF, AXT MUX 1 150 0002565 Hourmeter, Aerial Inside Cab 1 151 0002615 Switch, Aeriai12V Master 1 152 00 026 17 PTO switch, w/light -aerial 1 153 0548006 Wiring, Spare, 15 A 12V DC 2nd Qty,-01 12vdc power from-Battery direct Wire termination-b) butt splice Location -officer location for TIC 154 0548009 Wiring, Spare, 20 A 12V DC 1st 3 Qty,-03 12vdc power from -Battery direct Wire termination-b) butt splice Location-TBD 155 0548004 Wiring, Spare, 15 A 12V DC 1st · Qty,-01 12vdc power from-Battery direct Wire termination-p) 15 amp power point plug Location -officer side 156 0087852 Vehicle Information Center, 7" Color Display, MUX 1 157 0511422 Vehicle Information Center, LCD On Gauge Cluster Only 1 158 0543930 Vehicle Data Recorder, Dual Module 1 159 0662781 Intercom, Firecom 5100D Single Ra dio, 5-Pos, D,0,3C !"' location, intercom, C Cab -3) 3 forward facing seats 160 0006240 Cable, Radio to Intercom Interface, Firecom, 1 Radio Radio, First Two-Way Model -xtl 5000 Radio, First Two-Way Make -Motorola High Power 1212/2014 9:13AM Bid#: 399 Page4 Line Option Type Option Description 161 0681413 ~ 162 0681396 163 0681408 164 0559156 165 0562774 166-0559505 167 0696443 168 0540118 169 0511071 170 0624237 171 0624244 172 0624262 ~ 173 0098841 174 0008621 175 0123174 176 0531324 177 0012782 ,...--..... 178 0531403 179 0016848 180 0026800 181 0647729 182 0092582 183 0632735 184 0648716 185 0648425 186 0648074 187 0647993 188 0090155 189 0514453 190 0564683 191 0561471 192 0664481 12/2/2014 9:13AM Headset, Firecom, FH-51 Over Head, Radio Transmit Qty,-02 Location -DS/OS Headset, Ffrecom, FH-52 Over Head, Intercom Only Qty,-03 Location -rear crew Hangers For Headsets, NFPA, Each Location -TBD Qty,-05 Install Customer Provided Two-Way Radio(s) Location -locate at pre-build visit Qty,-01 Install Customer Provided Thermal Camera(s), Charger Only Location -Customer provided TIC-TBD Qty,-01 Install Customer Provided GPS Antenna(s) Location -TBD Qty,-01 Antenna Mount, Custom Chassis, Cable Routed to Overhead Switch Area Location -one driver sideto officer overheadpanel 5, one to ps engine tunnel! . Qty,-02 Camera, Safety Vision, Mux Display, Rear Camera Only Camera System Audio -Speaker Behind Driver Guard, 4-Way, Rear Vision Camera Qty, -1 Location -center rear Pierce Command Zone, Advanced Electronics & Control System, Velocity SL T Pierce Command Zone, Advanced Electronics & Control System, Diag LEOs, Dash CF Electrical System, Velocity SL T Batteries, (6) Deka Grp 31, 1000 CCA each, Threaded Stud Battery System, Single Start, All Custom Chassis Battery Compartment, lmpNel Charger, Sngl Sys, Kussmaul, 1000, 091-56-12 w/Battery Saver Location, Charger, Front Left Side Body Compartment Location -OS front compt Location, Battery Charger Indicator, Driver's Seat with Bracket Shoreline, 20A 120V, Kussmaul Auto Eject 091-20WP-120 Qty,-* Color, Kussmaul Cover-d) yellow Connection, Shoreline -batt charger Shoreline Location Location, Shoreline(s)-DS Step Well Alternator, 320 amp, Delco Remy 40SI Load Manager/Sequencer, MUX Enable/Disable Hi-ldie -e)High Idle enable Not Required, Custom Chassis Headlights, Rectangular Halogen, lmpNel Light, Directional, Whelen 600 LED Combination, Cab Corners, lmpNei/AXT/Qtm/DCF Color, Lens, LED's -m)match LED's Lights, Clearance/Marker/10, Front, P25 LED, 7 Lts Lights, Clearance/Marker/10, Platform, P25 LED, 5 Lts Light Guard -With Guard Lights, Clearance/Marker/10, Rear, Truck-Lite 35200R LED 7Lts Light, Marker End Outline, Rubber Arm, LED Marker Lamp Location, lights -each side rear body Qty, Lights, Pair-1 Lights, Tail, Whelen M6BTT* Red LED Stop/Tail & M6T* Am LED Dir For Housing Color, Lens -Clear Lights, Backup, Whelen M6BUW, LED, For Tail Lt Housing Bracket, License Plate & Light, P25 LED Bid#: 399 Qty 2 3 5 2 1 1 1 1 1 1 1 PageS Line Option Type Option Description Qty 193 055685 3 Bezels, Whelen, (2) M6 Chrome Pierce, For Mtg (3) Whelen M6 Lts 1 194 0589905 Alarm, Back-up Warning, PRECO 1040 195 0068678 Light, Directional/Marker, Intermediate Light, Truck-Lite Model 60115Y LED, IPO 1 "" 196 0666455 Lights, Perimeter Scene Cab Exits, Amdor LumaBar H20, AY-9500-020 20" LED 4 1 Dr 197 0665638 Lights, Perimeter Scene, Amdor Lumabar AY-9500-020 LED, PS PP, Rear Steps, 31ts Switch, Lt Control1 DC, 1 -a) DS Switch Panel Switch, Lt Control2 DC,2-e) No Control Switch, Lt Control 3 DC,3 -d) No Control Switch, Lt Control 4 DC,4-d) No Control 198 0554198 Lights, Step, P25 l,.ED, Aerial With Pump 2Lts, Pump Pnl Sw 199 0690440 Light, FRC, 12V FCA530-V15, LED, Push Up, Side Mount 2nd 1 Location, lights -PS on rear cab Qty, -01 To Do Not Move Truck Lt-c) Connected to Lt Switch, Lt Control 1 DC,1 -a) DS Switch Panel Switch, Lt Control 2 DC,2-e) No Control Switch, Lt Control 3 DC,3 -d) No Control Switch, Lt Control 4 DC,4-d) No Control 200 0690426 Light, Visor, FRC, 12V FCA851-V15, LED 1st Qty,-01 Location, driver's/passenger's/center-DS Switch, Lt Control 1 DC, 1 -a) DS Switch Panel Switch, Lt Control 2 DC,2-e) No Control Switch, Lt Control 3 DC,3 -d) No Control Switch, Lt Control 4 DC,4-d) No Control Color, Lt Housing -White 201 0690442 Light, FRC, 12V FCA530-V15, LED, Push Up, Side Mount 1st Location, lights -DS on rear of cab Qty,-01 r--To Do Not Move Truck Lt-c) Connected to Lt Switch, Lt Control1 DC,1-a) DS Switch Panel Switch, Lt Control 2 DC,2-e) No Control Switch, Lt Control 3 DC,3 -d) No Control Switch, Lt Control 4 DC,4 -d) No Control 202 0565198 Not Required, Deck Lights, Other Hose Bed & Rear Lighting, Aerial 203 0645877 Lights, Hose Bed, Sides, Dual LED Light Strips Control, Hose Bed Lts -Fill Dome Sw Co ntro l, Hose Bed Lts-Cup Switch At Rear 204 0645677 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 1 205 0022153 Aerial, Platform 100', Alum Body 1 206 0554269 Body Skirt Height, 18" 1 207 0015554 . SP Tank, Water, 400 Gallon, Poly, (PAP) 1 208 0003405 Overflow, 4" Water Tank, Poly 1 209 0028104 Foam Cell Required 1 210 0553729 Not Required, Restraint, Water Tank, Heavy Duty 211 0003429 No Direct Tank Fill Req'd 212 0593673 Alum Hose Bed Construction (100' PAP), Smooth Aluminum Door 213 0003491 Hose bed Capacity 1000' of 5.00", PAP/PAL 1 214 0591017 Hose Restraint, Hose Bed, Aerial, Front Velcro Strap, Top 1 215 0003509 Running Boards (PAP) 1 216 0060594 Turntable Steps-Morton Cass, Swing Down, OS only, PAUPAP 1 2 17 0554001 Lights, Step (3), P25 L ED , Swing Down Access Steps, One Side 1 218 0690023 Wall, Rear, Smooth Aluminum 1 219 0029503 Tow Eyes (2) (Aerial) 1 220 0590926 Hose Restraint, Running Board, Velcro Straps 2 Location, Hose Tray, runn -a) both sides ,,......., Qty, Tray, Hose-2 221 0014112 Tray, Hose, Running Board, Special Capacity Location, Hose Tray, runn-b) LH Side Qty, Tray,-Hose -1 Capacity , Hose T ray-TBD 12/2/201 4 9:13AM Bid#: 399 Page6 Line Option Type Option Descri ption Qty 222 0024110 Tray, Hose, Running Board, 20' of 5.00" Soft Suction Hpse 1 Location, Hose Tray, runn-c) RH side ~ Qty, Tray, Hose-1 223 0013639 Construction, Compt, Alum (PAP) 224 0008983 Compt, DS F/H, Roll Drs, 100' PAP 225 0020903 Compt, DS Turntable, F/H, Roll Drs, 100' PAP 226 0023672 Compt, IPO Stairs, Not Required, OS 227 0020723 Compt, PS F/H F/D, Roll Drs, w/o Chute, 100' PAP 228 002p956 Compt, PS Turntable, F/H F/D, Roll Drs, 1 00' PAP 1 229 0023680 Compt, IPO Stairs PS, Roll-up Door 1 230 0693023 Doors, Gortite, Roll-up, Side Compartments 10 Qty, Door Accessory -10 Color,Gortite,Roll-upDoor-Painted Latch, Gortite, Roll-up -locking, 1250, match compartments 231 0552955 Blister, Compts in Front of Rear Axle, To Clear Firem aax Suspension 1 232 0018820 Bumper, Rear, 5" w/Treadplate Cover, PAP/PAURMAP 1 233 0689549 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door 10 Location -all compt doors Qty,-10 234 0687146 Shelf Tracks, Painted 10 Qty, ShelfTrack-10 location -TBD 235 0687112 Shelves , Adjustable, 500 lb Capacity, Full Width/Depth, Painted 2 Qty, Shelf-02 Location, Shelf-TBD 236 0003983 Tray, 500 lb Slide-out. 2" Sides-Adj. Height 2 Location -TBD Qty, Tray (slide-out)-02 237 0083986 Tray, 215 !b, T ilt/Slide-Out, 30 Deg, Adj 2 Location -TBD r--Qty, Tray (slide-out)-02 238 0647091 Tray, Floor Mounted, Slide-Out, 500ib, 2.00" Sides, 2G 3 Qty,-03 location -TBD Material -paint to matc.h compt interior 239 0656031 Compt, Ba ckb oard Storage, Over Pump Size, Backboard-74x16x2 Door, Material & An!sh, Storage -Polished S/S Latch, Door, Storage -Lift and Turn Latch, Pair Qty, Backboard Troughs-2 Location, BB/Stokes/Long Tool Storage Over Pump-Rearward, Crosslays Access, Backboard/Stokes/Long Too! Compt-Both 240 0050308 Rear of Body, Smooth Aluminum Sheet 241 0004016 Rub Rail, A luminum Extruded, Side of Body 1 242 0004027 Fender Crowns, Rear, S/S, Two Pair 1 243 0519849 Not Required , Hose, Hard Suction 1 244 0556208 Hand rails, Side Pump Panels (5) 1 245 0654787 Compt, Air Bottle, Between Tandems , Three (3) Bottles, Aerial 2 Qty, Air Bottle Camp-2 Location, driver's/passenger's/center-1 DS & 1 PS . Door Finish, Fender Compt-Polished Door Type -drop down with rubber bumpers 246 0637781 Compt, Air Bottle, Single, Round, Fender Panel, Tandem Axle 2 Qty, Air Bottle Camp-2 Door Finish, Fender Compt-Polished Lo cation, Fender Compt-Single -PS Fwd Location, Fender Compt-Single -PS Rear latch, Air Bottle Compt-Flush Lift & Turn Insert, Air Bottle Compt-Rubber Matting 12/2/2014 9:13AM Bid#: 399 Page? Line Option Type Option Description Qty 247 0064217 Storage Bin, Extinguisher(s) 4 Location, BrackeUcomp. -TBD ~ 248 0004218 Qty,-04 Ladder, 35' Duo-Safety 1200A 2-Sect Qty, -1 249 0010406 Ladder, 28' Duo-Safety 1200A 2-Sec Qty, -1 250 0004232 Ladder, (2) 16' Duo-Safety 875A Roof 251 0004233 Ladder, 14' Duo-Safety Fresno 701 Qty, -1 252 0004246 Ladder, 1 0' Duo-Safety Folding 585A Qty, -1 253 0042207 Ladders Stored in Torque Box, Gortite Roll, (ML, HL, PAP) Color,Gortite,Roll-upDoor-Satin finish 254 0504485 Pike Pole, 12' Akron, Fiberglass, I Beam 2 Qty,-02 255 0504484 Pike Pole, 8' Akron, .Fiberglass, I Beam, Aerial 2 Qty,-02 256 0504483 Pole, Pike 6' Akron, Fiberglass, I Beam, Aerial 2 Qty,-02 257 0504481 Pike Pole, 3' Akron, Fiberglass, D Handle 2 Qty,-02 258 0024388 No Steps Required, Front Of Body 259 0004435 Pump, Waterous, CSU, 2000 GPM, Single Stage 260 0004481 Packing, Grafoil, Waterous 1 261 0091446 Pump Setup Charges N/A 1 262 0559769 Transmission, Pump, Waterous C20 Series 1 263 0535256 Shift, Air w/ Manual Override, Split Shaft, Waterous 1 264 0003148 Transmission Lock-up, EVS 1 265 0004547 Auxiliary Cooling System 1 ~ 266 0014486 (No Transfer Valve Required on 1 Stage Pump) 1 267 0004517 Valve, Relief Intake, Elkhart 1 268 0546803 Controller, Pressure, Class 1 Total Pressure Governor (TPG) 1 269 0072153 Primer, Trident, Air Prime, Air Operated 1 270 0658361 Thermal Relief Valve, OPM, w/Red Warning Light and Alarm, Waterous Pump 1 Location, Thermal Relief Discharge -Ground 271 0058516 Manuals, Pump (2), CD 1 272 0008349 Plumbing, Stainless Steel and Hose 1 273 0064656 Not Required, Black Iron Pipe with Stainless Steel Plumbing 1 274 0004645 Inlets, 6.00" -1250 GPM or Larger Pump 1 275 0004646 Cap, Main Pump Inlet, Long Handle, NST, VLH 1 276 0533193 Valves, Elkhart Un ibo dy-All Ball Valves 277 0004660 Inlet, Left Side, 2.50" 278 0004680 Inlet, Right Side, 2.50" 279 0004686 Valve, lnlet(s) Recess Behind Panel, Side Cntrl 2 Qty, Inlets-2 280 0004700 Control, Inlet, at Valve 281 0092569 No Rear Inlet (Large Dia) Requested 1 282 0092696 Not Required, Cap, Rear Inlet 1 283 0064116 No Rear Inlet Actuation Required 1 284 0009648 No Rear Intake Relief Valve Req'd 1 285 0092568 No Rear Auxiliary Inlet Requested 1 286 0563738 Valve, .75" Bleeder, Aux. Side Inlet, Swing Handle 287 0029043 Tank to Pump, (1) 3.00" Valve, 3.00" Plumbing 288 0004905 Outlet, 1.50" Tank Fill 289 0004940 Outlet, Left Side, 2.50" 2 .r---290 0092570 Qty, Discharges -02 Not Required, Outlets, Left Side Additional 291 0004945 Outlet, Right Side, 2.50" 2 Qty, Discharges-02 292 0092571 Not Required, Outlets, Right Side Additional 12/2/2014 9:13AM Bid#: 399 PageS Line Option Type Option Description Qty 293 0005047 Outlet, 4.00" w/4.00" Right, Handwheel 1 Valve, Brand-Elkhart 294 0648906 Outlet, Front, 2.50" w/2.50" Plumbing ,r--.. Fitting, Outlet-2.50" NST with 90 degree swivel Drain, Front Outlet -Class 1 Automatic Location, Front, Single -top of right bumper 295 0649923 Outlet, Front, 2.50" w/2.50" Plumbing, Additional Location, Front-top of right bumper Fitting, Outlet-2.50" NST with 90 degree swivel Drain, Front Outlet-Class 1 Automatic 296 0092575 Not Required, Outlet, Rear 1 297 0092574 Not Required, Outlet, Rear, Additional 1 298 0092573 Not Required, Outlet, Hose Bed/Running Board Tray 1 299 0085076 Caps for 1.50" to 3.00" Discharge, VLH 1 300 0563739 Valve, 0.75" Bleeder, Discharges, Swing Handle 1 301 0005091 Elbow, Left Side Outlets, 45 Degree, 2.50" FNST x 2 .50" MNST, VLH 1 302 0035094 Not Required, Elbow, Left Side Outlets, Additional 303 0025091 Elbow, Right Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 304 0089584 Not Required, Elbow, Right Side Outlets, Additional 305 0045099 Not Required, Elbow, Rear Outlets 1 306 0085695 Not Required, Elbow, Rear Outlets, Large, Additional 1 307 0005097 Elbow, Large Dia Outlet, 30 Deg, 4.00" FNST x 5.00" Storz 1 Qty,-01 308 0062133 Control, Outlets, Manual, Pierce HW if applicable 309 0029106 Not Required, Deluge Outlet 1 310 0029302 No Monitor Requested 1 311 0029304 No Nozzle Req'd 312 0029107 No Deluge Mount 313 0541084 Waterway Outlet & Control, 4.00" Elkhart Unibody Handwheel 314 0025140 Not Required, 1.50" Crosslays r----315 0092183 Deadlay(s) No Plumbing, Spl Capacity, Capacity, Special Xlay-450' 2.5" in five stacks same as 26651 pumper Qty, Deadlays -1 316 0508895 Speed, (2) 1.5" WI Poly Tray, Top MUSide Cntrl, Special. Cap. Capacity, Special Xlay -200' 317 0590942 Hose Restraint, Crosslay/Deadlay, 1" Heavy Nylon Web, Strap Fasteners, Each Side 3 Qty,-03 Type of fastener-Velcro straps Nylon Web Color-Black Restraint Location -Bottom (towards the ground) 318 0075206 Cover, Crosslay, Bi-fold 3\16" Alum Treadplate 319 0007827 Foam Sys, Foam Pro 2002 (Single Agent) Discharge -TWO-PS 2.5 and lower cross lay Amount of Disc. W/Foam -2 320 0012126 Not Required, CAF Compressor 1 321 0552517 Not Required, Refill, Foam Tank 1 "322 0031896 Demonstration, Foam System, Dealer Provided 1 323 0085446 Foam Cell, 25 Gallon, Not Reduce Water 1 Type of Foam -Class "A" Foam, Brand Name -F500 324 0091036 Drain, 1.00" Foam Tank #1 1 325 0091079 Not Required, Foam Tank #2 1 326 0091112 Not Required, Foam Tank Drain 1 327 0005496 Pump House, Side Control, 45" 1 328 0035570 Pump Panel Configuration, No Match Required 329 0562698 Step, Slide-Out/Fold-Out, Pump Operator Platform, Aerial 330 0667186 Light, Slide-Out Pump Operator Step, On Scene Solutions Access LED, Short Step r--331 0 629252 Material, Pump Panels, Side Control Black Vinyl Material Finish, Pump Panel, Side Control-Black Vinyl Material, Pu mp Panel , Side Control-Aluminum 332 0005578 Pa nel , Pump Access -Pa ss Side Only 12/2/2014 9 :13AM Bid#: 399 Page9 Line Option Type Option Description Qty 333 0035501 Pump House Structure, Std Height 334 0005945 Light, Pump Compt 335 0586382 Engine Indicators, Included With Pressure Controller r--.. 336 0005601 Th'rottle Included w/ Pressure Controller 337 0549333 Indicators, Engine, Included with Pressure Controller 1 338 0662350 Compt, Boom Support, Single Dr, Ea Side Hinge Rr, Fwd of PP, Cab Ht, Full Depth 1 339 0527795 Control, Air Horn at Pump Panel w/Red Switch 1 340 0511078 Gauges, 4.00" Master, Class 1, 3Q"-0-600psi 1 341 0511100 Gauge, 2.00" Pressure, Class 1, 30"-0-400psi 1 342 0062586 Gauge, Water Level, Class 1, Pierce Std 343 0060753 Water Level Gauge, Whelen PSTANK, LED 1-Light, 4-Level 2 Location -each side of cab Qty,-02 Activation , Water Level G-pg) pump In gear 344 0062992 Gauge, Foam Level, (1) Tank, Class 1 345 0682503 Light Shield/Step 8" LED, P25 LED Stp Lt 346 0066052 Air Horns, (2) Grover in Bumper Outside Frame Location, Air Hom (bmpr) -outboard tray 347 0036062 Control, Air Horn, Horn Ring, PS Lanyard 348 0549924 Siren, Federal PA300-012MSC 690010, Hi-Lo Tone, 200 Watt 349 0510206 Loca tion, Elect Siren, Recessed Overhead in Console Location , Elec Siren-Overhead, PS Inside Sw Pnl 350 0076156 Control, Elec Siren, Head Only 1 351 0550216 Speaker, Federal BP200-EF, 200 watt, Stainless Steel 352 0548456 Location, Recessed in 'the Front Bumper, Center 353 0016080 Siren, Federal Q2B 354 0020914 Siren, Mechan ical, Recessed In Bumper, Special Recessing Depth Location, Siren, Mech -a) Left 355 0026159 Control, Mech Siren, Horn Ring, DS & PS Foot Sw 356 0655211 Lightbar, Whelen, Freedom, 2-24" LED, 2-R, 2-RC, 30Deg .~ Color, Lens, LED's -c)clear 357 0541068 Lights, Frnt Zn Upr, Pltform, Whelen, M7RC LED, Clear Lens 3-Lts 1 358 0543663 Lights, Basket, Whelen, M9*C, LED, Clear Lens 2 Location -one each side of bucket Color, Light-ae) red Qty,-02 359 0592279 Light, Front Zone, Whelen M6*C LED, Clear Lens, 41ts Q Bezel, w/Spc Flash Ptrn Color, Lt DS Frnt Outside -OS Front Outside Red Color, Lt PS Frnt Outside -PS Front Outside Red Color, Lt DS Front Inside -r) OS Front Inside Red Color, Lt PS Front Inside -r) PS Front Inside Red 360 0656903 Light, Front, Roto Ray 4000W, PAR46 LED, Hidden Mt, Velllmp/Enf/Saber FR Color, Rota Ray LED, 1 -Red/Clear Color, Rota Ray LED, 2-White/Clear Color, Rota Ray LED, 3 -Red/Clear 361 0592597 Lights, Side Zone Lower, Whelen M9*C LED, Clear Lens 3pr 1 Location, lights mid -aft of crew door each side Location, lights rear-fender panels Location, Lights Frt Side-b)each side bumper Color, Lt Side Front-Red Color, Lt Side Middle -Red Color, Lt Side Rear -Red 362 0540781 Lights, Rear Zone Lower, Whelen M9*C LED, Clear Lens Color, Lt DS Rear-r) OS Rear Lt Red Color, Lt PS Rear-r) PS Rear Lt Red 363 0540799 Lights, Rear, Whelen M9*C LED, Clear Lens 2 Location -rear upper warning up high ~ Color, Light-ae) red Qty,-02 Control, light-a) rear upper warning 364 0680854 Light, Rear Zone Upper, Whelen B6M7**1 P, Super LED Beacon w/M7 LED Lt Color, Lights, Warning -gla) red 12/2/2014 9:13AM Bid#: 399 Page10 Line Option Type Option Description 364 ~ 365 0006551 366 0006646 367 0516617 368 0006645 369 0016752 370 0016757 371 0016740 372 0016767 373 0016771 374 0036738 375 0006825 376 0006827 377 0009489 378 0004424 ~ 379 0519544 380 0627159 381 0652358 382 0653549 383 0649736 384 0657391 385 0000042 386 0680821 387 0526885 388 0688232 389 0678539 ~ 390 0678641 12/2/2014 9:13AM Color, Dome, Rear Warning -j) both domes clear Control, light-a) rear upper warning Color, Lens, LED's-c)clear Not Required, Lights, Rear Upper Zone Blocking Electrical System, A/C, General Design Generator, Harrison 8kW MCR Hydraulic, Hot Shift PTO Generator Interlocks -Parking Brake Location, Hydraulic Generator Above Pump Location, Generator-DS Starting Sw, Truck Engine Powered Gen, Cab Sw Pnl Not Required, Remote Start, Generator Not Required, Fuel System Not Required, Oil Drain Extension, Generator Not Required, Routing Exhaust, Generator Circuit Breaker Panel, Included With PTO Generator Location, CB Panel -TBD Reel, Elect Cable, Hannay, 1600, (3) Wire Location, Cord Reel -over pump PS Qty, Cord Reels -1 Reel Guide-b) Captive roller Finish, Reel -Painted Job Color Cord, Electric, 12/3 Yellow, 3 Wire Lengths of Elect Cord -1 Feet of Yellow Cord -e )200 Connection, Cord -Direct connection Box, June, Wdhd, 2-20A 120V SB, 2-20A 120V TL Qty, -1 Connection, Cord -Direct connection Holder, Junction Box, SIS Location -PS at step Qty, -1 Brand, Hydraulic Tool System; Hurst Low Pressure Hose, Hydra., Hurst Low Pressure, 12'-20', Twin Line, Connection Qty,-02 Location -TBD Hose, Hydraulic, 100', Dual Parker-Hannifin, 5K, (Phos. Ester) Qty,-02 Brand, Model, Age ofTool -Hurst MOQ-2 and ML32 spreader Color, Hydraulic Hose 1 -I) black/green Color, Hydraulic Hose 2-k) orange/green Color, Hydraulic Hose 3 -n) no hose required Color, Hydraulic Hose 4-n) no hose required Color, Hydraulic Hose 5 -n) no hose required Color, Hydraulic Hose 6 -n) no hose required Reel, Hyd, Hannay, 100' Cap., .25" Dual Hose (Any Make Tool) Qty, Reel-2 Brand, Model, Age ofTool-Hurst low psi Reel Guide -a) Nylatron guide Location-TBD Not Required, Hydraulic Tools Aerial, 100' Pierce Platform, 35 MPH Wind Rating, 4001b Tip Load Allowance Boom Support, Rear of the Chassis Cab Boom Panel, Pair Paint, Color-green Indicator, Extension, Inside and Outside Handrails, Every 1 0' Color -1 ) black Rung Covers, Aerial Device Rung Cover Color-Safety Yellow Brackets Only, Roof Ladder, Aerial Fly Section Roof Ladder, Make/Model -16' Duo-Safety 875-A Brackets Only, Pike Pole, Aerial Fly Section Qty,-01 Pike Pole Make/Model-Fire Hooks Unlimited 12' New Yorker Pike Pole Bid#: 399 Qty 1 1 1 1 2 2 2 1 1 1 Page11 Line Option Type Option Description Qty 391 0678711 Brackets, Stokes Storage, Base Section, Inboard of Boom Panel 1 Qty,-01 ' Location, Aerial Device -right side I"'. 392 0679018 Basket, PAP, Wide Aerial Basket Latch -Eberhard 206 393 0678780 Brackets Only, Axe, PAP Basket Qty,-01 Type of Axe -flathead and pickhead 394 0673199 Cover, MUX Display, Platform Material -lexan 395 0677446 Box, Air Mask Storage, At Platform, Additional Quantity -02 396 0056905 Basket Heat Shields 397 0508717 Control Stations, 85'/100' PAP, Color Display 398 0680909 Stabilizers, Two Sets (PAP), Composite Auxiliary Pads, Split Pan Material, Stabilizer Pad -Composite 399 0530819 Not Required, Aerial Stabilizer Pins 400 0548902 Door, Stabilizer Control Box, Stainless Steel 401 0596621 Hydraulic System, 100' PAP 402 0061893 Swivels, w/Encoder, PAUPAP (36 Collector Rings) 403 0057598 Electrical System, 100' PAP 404 0655975 Lights, Win MPB* Micro LED Spot, Track & Tip, 41ts (PAP) Non-NFPA Location, Sw, Arl DC Lts-m) 2 locations Color, Win Lt Housing -White Paint 405 0653737 Lighting, Rung, LED, TecNiq, 3 Section, Base, Mid, Fly 1 Control, Aerial Rung Lighting -Turntable Sw w/Master Batt Sw Color, Lt Aerial Fly Sect-Green Color, Lt Aerial Base Sect -Green Color, Lt Aerial Mid Sect-Green 406 0540748 Lights, Stabilizer Warn (2) Sets, Whelen M9*C LED, Clear Lens ;---.. Color, Lt Rr Stabilzr Pan -r) Pan Light Red Color, Lt Fr Stabilzr Pan -r) Pan Light Red 407 0068701 Lights, Grote Supernova LED, Stabilizer Beam, (2) Sets 408 0016930 120 Volt To Tip, 20 Amp L5-20, PAP 409 0016924 Intercom, 2-Way Atkinson (PAP) 410 0590098 Breathing Airto Tip, (1) 4500 PSI, 85/100 PAP Refill Hose -75' Breathing Air Fitting -Hansen Breathing Air Mask Box-mask box platform 411 0024742 Not Required, Mask, Breathing Air To Tip 412 0126600 Raised Pedestal, 3.00", Rear Mount Aerials, AXT, Velocity, Impel, Enf 413 0540605 Lyfe Brackets, 3-ln-1, Wide Basket Width -16.00" 414 0544198 Control, Air Horn, Red, at Turntable 415 0530826 Turntable Access, ManSaver Bars, Yellow 416 0016950 Waterway, 100' PAP 417 0016952 (1) Preconnect At Platform (2 Monitors) 418 0540472 Monitors, (2}, Elkhart 8294-02 Manual and 8294-04 Electric Nozzle, Monitor 1, PAP-Elkhart ST195 Tips/284A Shaper Nozzle, Monitor 2, PAP-Elkhart SM-2000E Electric 419 0086971 Flowmeter, Waterway, Mux (PAP) 1 420 0004836 Inlet, 5.00" at Rear w/ Pump, PAP, PAL 1 421 0013164 Elbow, Aerial Inlet, 5" FNST x 5" Storz w/Cap Location -rear aerial inlet Qty, -1 422 0047897 Tools, Aerial, PAUPAP 423 0559491 Manuals and Training, 3 Days, PAP 1 r--. 424 0007150 Bag of Nuts and Bolts 1 Qty, Bag Nuts and Bolts -1 425 0532894 NFPA Required Loose Equipment, Quint, Provided by Fire Department 426 0544724 Soft Suction Hose, Provided by Fire Department, Quint NFPA Classification 12/2/2014 9:13AM Bid#: 399 Page12 Line Option Type Option Description 427 0027023 428 . 0533273 429 0533 283 ~ 430 0007482 431 0007484 432 0533261 433 0533267 434 0007494 435 0559573 436 0645807 437 0693797 438 0693792 439 0007230 440 0591433 441 0544180 442 0510041 443 0536956 444 0598754 445 0552453 ,--.... 446 0027372 447 0686426 448 0685829 449 0686018 450 06 85977 451 0686194 452 0048031 453 0682714 454 0000607 455 0666414 456 0008555 ~ 457 0529225 458 0531636 459 0531638 460 0030008 12/2/2014 9:13AM No Strainer Required Extinguisher, Dry Chemical, Quint, Provided by Fire Department Extinguisher, 2.5 Gal. Pressurized Water, Quint, Provided by Fire Department Not Required, Crowbars Not Required, Claw Tools Axe, Flathead, Quint, Provided by Fire Department Axe, Pickhead, Quint, Provided by Fire Department Not Required, Sledgehammers Paint, Single Color, Custom Paint, Color -304 green Paint Chassis Frame Assy, With Liner, E-Coat, Ali Joints Sealed Paint Color, Frame Assembly-Black No Paint Required, Aluminum Front Wheels No Paint Required, Aluminum Rear Wheels Compartment, Painted, Spatter gray Aerial Platform Paint Paint Color, Aerial Device-White 10 Reflective Band, 2"-6"-2", Stripe Color, Reflect Band -A-d) blue Color, Reflect Band -8 -I) white Color, Reflect Band -C -z) blue Reflective across Cab Face, lmpNel Stripe, Chevron, Rear, Diamond Grade, Bumper Covered, Aerial Color, Rear Chevron DG -fluorescent yellow green Stripe, Reflective/Diamond Grade, 4" on Stabilizers Color, Reflect Band-A-s) white diamond grade Stripe, Reflective, Chevron, Cab and Crew Cab Doors Interior, Diamond Grade Color, Reflect Band-A-o) fluorescent yellow diamond grade Size, Chevron Striping -06 Color, Reflect Chev -A-t) fluorescent yellow green diamond grade Lettering Specifications, (GOLD STAR Process) Lettering, Gold Leaf, 3.00", (61-80) Outline, Lettering -Outline and Shade Lettering, Sign Gold, 2.00", (41-60) Outline, Lettering -Outline and Shade Lettering, Reflective, 5.00", Each Qty, Lettering -12 Outline, Lettering -Outline and Shade Lettering, Reflective, 20.00", Each Qty, Lettering-02 Outline, Lettering -Outline and Shade Lettering, Gold Leaf, 12.00", Each Qty, Lettering -02 Outline, Lettering -Outline and Shade Lettering, Reflective, "Keep Back 500 Feet", Rr Plate Color, Lettering -b) red Holder, Number Plate, Painted, SIS Location -TBD Qty,-04 Size-TBD Emblem, Eagle/Flag #4, Color Imaged, Pair Location, Emblem -match 25562 Size, Color Imaged Seals -a) Emblem, Freedom Flag, Each Qty,-02 Location, Emblem -TBD Size, Flag-12" -14" 2% Handling Charge on 100' PAP Manuals, Two (2) CD, Fire Apparatus Parts, Custom Chassis Manual, Two (2) CD, Chassis Service, Custom Manual, Two (2) CD, Chassis Operation, Custom Warranty, Basic, 1 Year, Apparatus , WAOOOS B id#: 399 Qty 1 1 1 1 1 1 1 1 1 1 1 1 12 2 2 4 2 1 1 1 1 1 Page13 Line Option Type Option Description Qty 461 0553301 Warranty, Chassis, 3 Year, Velocity/Impel, WA0037 1 462 0696696 Warranty, Engine, Detroit DD13, 5 Year, WA0180 1 463 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 1 .~ 464 0595767 Warranty, Frame, 50 Year, Velocity/Impel, Dash CF, WA0038 1 465 0595245 (No Pick Required) 466 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 467 0530524 Warranty, Axle, 2 Year, Meritor, General Service, WA0046 1 468 0652758 Warranty, ASS Brake System, 3 Year, Meritor Wabco, WA0232 1 469 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 1 470 0595813 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 1 471 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 1 472 0647720 Warranty, Pierce LED Strip Lights, WA0203 1 473 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 1 474 0685945 Warranty, Transmisson Cooler, WA0216 1 475 0688798 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 1 476 0596025 Warranty, Structure, 10 Year, Body, WA0009 1 477 0693127 Warranty, Gortite, Roll-up Door, 6 Year, WA0190 1 478 0063510 Warranty, Pump, Waterous, 5 Year Parts, WA0225 1 479 0648675 Warranty, 10 Year SIS Pumbing, WAD035 1 480 0006999 Warranty, Structure, 20 Year, Aerial Device, WA0052 1 481 0687388 Warranty, Swivels, 5 Year, Aerial Device, WA0197 1 482 0685727 Warranty, Hydraulic System and Components, 3 Year/5 Year, WA0200 1 483 0687327 Warranty, Waterway, 10 Year, Aerial Device, WA0198 1 484 0595860 Warranty, Paint, 4 Year, Aerial Device, Pro-Rated, WA0047 1 485 0553455 Warranty, Electronics, 5 Year, MUX, WA0014 1 486 0595588 Warranty, Generator, 2 Year, Harrison Hydra-Gen. WA0051 1 487 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 1 488 0595421 Warranty, Goldstar, 3 Year, Apparatus, WA0018 1 489 0683627 Certification, Vehicle Stability, CD0089 1 ~ 490 0647165 Certification, Engine Installation, Velocity, Detroit DD13, 2013, CD0115 1 491 0686786 Certification, Power Steering, CD0098 1 492 0667417 Certification, Cab Integrity, Velocity FR 1 493 0548950 Certification, Cab Door Durability, Velocity/Impel, CD0001 1 494 0548967 Certification, Windshield Wiper Durability, lmpeiNelocity, CD0005 1 495 0667411 Certification, Electric Window Durability, Velocity/Impel FR 1 496 0549273 Certification, Seat Belt Anchors and Mounting, lmpNeiNel SL T, CD0018 1 497 0667416 Certification, Cab Heater and Defroster, Velocity/Impel FR 1 498 0667415 Certification, Cab Air Conditioning Performance, Velocity/Impel FR 1 499 0545073 Amp Draw Report, NFPA 2009 Edition 1 500 0002758 Amp Draw, NFPA Radio Allowance 1 501 0000033 PAP BODY 1 502 0000012 PIERCE CHASSIS 1 503 0562778 DD13 ENGINE 1 504 0046396 EVS 4000 Series TRANSMIS9ION 1 505 0020011 WATEROUS PUMP 1 506 0020009 POLY TANK 1 507 0028048 FOAM SYSTEM 1 508 0020006 SIDE CONTROL 1 509 0020008 ELKHART VALVES 510 0020015 ABSSYSTEM 511 0658751 Manufacturing Attribute 12/2/2014 9:13AM Bid#: 399 Page14 Resolution 4, 2015 EXHIBIT "8" SALES ORGANIZATION: LE SS EE: TYPE OF EQU IPMENT: EQUIPM E NT COST: CUSTOMER DOWNPAYM ENT: TRADE-I N : D ELIVERY TIME: PA YMENT MODE: FIRST PAYMENT DUE DATE: LEASE COMM E NC E MEN T DATE: DOCUMENTA TION/C LOSING COSTS : Term 10 years Number of Pa ments 10 annual Ten-8-Mike Pam Beach Gardens Pierce 100' Veloc ity PAP $1,112,231.00 $0.00 $210,000 .00 trade in std Annual In Arrea rs Turn-In Lease Proposal December 5, 2014 1 Year After Lease Commencement Upon contract sign ing with Pierce $0 Payment Amount $90,524 .93 Balloon Amount Due with Last Pa ment $ 155 ,68 5 .4 2 The abo ve listed pa yment(s) re fl ect program discounts available exc lusi vely through Oshkosh Capi t al. PERFORMANCE BOND : To utilize the prepay program, a performance bond is required. The cost for this performance bond shall be the responsibility of Lessee with pay ments made directly to Pierce Manufacturing or financed by Oshkosh Capital as part of the transaction. TYPE OF FINANCING: Ta x-exem pt Lease Purchase Agreement with a balloon payment at the end of lease term. Lessee shall have the option of turn ing-in t he leased apparatus at the end of the contract term. If Lessee decides to purchase another Pierce apparatus of equal or higher value than the balloon amount, Pierce and Oshkosh Capital will guarantee that the value of the leased vehicle will be equal to the balloon payment amount. If Lessee decides to keep the leased vehicle, it must either pay the balloon payment due or refinance the amount due for another term. Any refinancing will be subject to the credit approval of the Lessee at the discretion of Oshkosh Capital. Said ag reement shall be a net lease arrangement whereby lessee is responsible for all costs of operation , maintenance, insurance, and taxes. Maximum cumulative mileage of 15,000 miles per year. BANK QUALIFICATION : This proposal assumes that the lessee will not be issuing more than $10 million in tax-exempt debt this calendar year. Furthermo re, it is assumed that the lessee will designate this issue as a qualifi ed tax-exempt ob ligation per the tax act of 1986. LEGAL TITLE: Legal title to the equipment during the lease term shall vest in the lessee, with Oshkosh Capital perfecting a first security interest AUTHORIZED SIGNORS: The lessee's governing board shall provide Oshkosh Capital with its resolution or ordinance authorizing this ag reement and shall designate the ind ividua l(s) to execute all necessary documents used therein. LEGAL OPINION : The lessee's counsel shall furnish Oshkosh Capital with an opinion covering this transaction and the documents used herein. This opinion shall be in a form and substance satisfactory to Oshkosh Capital. VOLUNTEER FIRE DEPARTMENTS : If Lessee is a Volunteer Fire Department , a public hearing under the requirements of Section 147(f) of the In terna l Re venue Co de of 1986 shall be conducted to authorize this transaction. It is recommended that a notice of the public hearing be published 10 to 14 days in advance of the public hearing. This proposal will be valid f or fourteen (14) days from the above dat e and is subject to f ina l credit approval by Oshkosh Capital and approval of the lease documents in Oshkosh Capital's sole discretion. To render a credit d ecisi on, lessee shall provide Oshkosh Capital with their most recent two years' audited financial statements, copy of thei r most recent interim financial statement, and current budget. Accepted by: Proposal submitted by: Lessee Date Kim Simon NOTE: A ll lease documents must be fully executed within 14 days of the date of this proposal. Failure to receive completed documents may alter the fina l payment schedule due to changes in rates and/or discounts. [] OSHKOSH CAP I TAL' Oshkos h Capital I Loc 16-0056 1 155 East Broad St I Columbus, OH 4321 5 1 Ph: (800) 8 20 -9041 , ext. 1 I Fax: (800) 678-06 02 Resolution 4, 2015 EXHIBIT "C" MASTER LEASE-PURCHASE AGREEMENT Daed as of December 6. 2011 1 ms Mast3r Lsas;-?ui"Chas:: Agreement iogether with ail addenda, rider; and attachment; hereto, a:s the same may trom time b tim: iE amended., modified or supp!S~~?-ni:=d ("Mastai Lease") is msde and ::.ntered by and betw::.en Oshkosh Capital ("Less·:::>r") and the Less~ iderrtmea below ("L=::ee"). LES-SEE: City of Patm Baach Gardens 1. LE..t..SE OF E.QU!PMEI'fl. Subject to "!:he terms and conditions of this Massr Lsase, Les:;or ag~eeS iD laa.se to Les:ses, and Les:see ag;re;; to ~::oase trom Lessor, all Equipment described in each S.ch=dule signed from time: iD time by Las.see and Lessor. 2.. CE.~T AIN DEFINmONS. AU terms deiined in the Leese are equally appiicable to both the singular and plural iorm of such terms.. (a) ~.Sch:rlule" means S::Jch Lec:!se: Schedule signed and delivered by Lessee and lessoi, together with a!! addenda, iiders, attachments, ceri:iiicat~ 3J'1d exhibits the;ato, as the sarr.e m3y from time to time be arrended, modified or supplemented. 'Lessee and Lessor agree thai sach Schedule (except as expressly provided in said Sche-:lule) incorporates by ref=rence all of the tertns and c:pndlf:ions of the Master Lease. (b) "Lsase" mea.r.s each S::hedule and this tv'iasi:=r La:::se ··as incorpo. ai.ad into said Schedule. (c) "Equipment' msans the property described in sach Schadul:, together with all attachments, additions , accessions, pa, ~. rapairs, improvements., ;aplacements and substitvi:ions thereto. (d) "Lien" means any security interest, lien, mortgage, pledge, encumbrance, judgment, execution, attachment, wafT3fl~ writ, levy, other judbal process or claim of a;1y nai:'.Jre who:~oever by or of any person. 3. L.EF.SE TERM. The term of the ls::se: of the Equipmeni described in each Lsase ("Lease T errn") _commences on the first date any of such Equipment is accepted by Le£See pursuant in S:ction 5 hereof and, unl=s:s sarfler termi:oated as expressiy provided in the Lease, continues until Lessee's paymen t and perimmance in full of all :Jf L.es:see's obiigations under the Lease. 4. P£NT P.t.YME~. 4.1 For sach Lsase, Lessee agrees iD pay to Lessor the rent p3yments tl the amourrts and at the times as set forth in the Sche:1uie A-1 attached to the Scheduie ("R~nt Payments"}. A portion of each Rent Payment is paid as and represents the payment of iii'~~ as set tort.h in tile Scheduie A-'t. Rani Payments will be payab!;: for the Laase Term in U.S. dollars, without notice or demand at the O:jffice of Lessor (or such other place a; Lessor may designat::: from tim: to time in WiTting). 42 If Lessm receives any payment from Lessae aflsr th: due dae, Lessee shall pay Lessor on demand as 2 late chat£P-'five per cent (5%) of such overdue amount, iimie:i, however, to the maximum amount al\ov.:ed by taw. 4.3 EXCEPT .AS SPEC!FIC . .til Y PROVIDED lN SECDDN 6 HEREOF DR. lN ANY WR.! 1 1 EN MODIFICATION TO Tr!E LSi>,SC: SIGNED BY LESSOR. THE 08LIGP.TJON TO PAY RENT P.t:.YM!::NTS UNDER EACH LEASE SK.A.LL BE ABSOLU 1 t:: AND UNCONDiTIONAL lN AU EVt::NTS AJ'IJ:D ShAll NOT BE. SUBJECT TO P-Ni SETOFF, DErt:NSE., COUNTER.C L.O..!M, ABATEMENT OR. RECOUPIVI:::rn rOR Al\ry REASON WHA TSDEV:::R 5. DEUVERY; .~CCEPIANCE; FUNDING CONDITIONS. 5 . ~ Les::ee shall aii3.nge br tht: t:msportation, defivery and ir.Siallatinn of all E.qucpm:ni to the iDc:aUan specifed in tl-te Schedule (•Location") by Equipment s.uppiiers (•suppiiers") sele..."'ied by Less.:=;:. LeE-See shall p3y all costs reiated thei3to un!e:.s Les:sor ot:herw!se agrees to pay s.uc:::h co.sts es stated m the Schedule.. 52 Le:ss.e:; shall accep\ Equipment as soon as tt hes been deiivered and ls operational. Lessee ;;hall evidence its acceptance of any Equipment by signing and delivering to Lessor ~ appiicable • 1 ~ .. ' .. -. :::a:; Schedu~e. rr L~ .si-:::ms and d:frv~ a Schaduls and ff all Fundino Conditions have been s:rt:isfed in futi., then· L..es:sor. will ~Y or cal!se ro be paid the cDsts of such Equipment as stated in the Schedu le rPurchE!se Price.·) to the applic:a:>is Supp!iei. 5.3 L=s.sar sh:ill have no obligation to pay any Purchc:s: Price uniess ali re.asor.abh:! conditions =.:.-tabi!shad by Lessor ("Funding Conditions:) have b=n sat!:;fiad, induding., without limhaiion, i:ir.; tollowing:: (a) L=:sse tl;:s signed and deiiveied the Schedule and tts Sci1edule . .!l,-i ; (b) no E:vem of Default shall rave o:::curred and be coi!Unu·~·g:; (c) no matertal adverse change shall havs c>ccurreci in ihe intsm al Reyenue C:Jde oj i 985 , as amended, and the ~:>latad regulations and ruftngs thereunder ( col\eci:ive i~'. the "Code"); (d) no maaial adverse chang: shall have occurred in the ftnandal condftion of Les.sa: or any Supphe1, (a) the :=quipmant !s ie~nabty S::!usfactory to Lessor and is tre.e and dsar-of any U:ms (except Lessor's Liens}; ·(f) al! representrrtions of L~e.e in the L.sii!se remain true, ac....--urate and complete; and (g) Less.~; has f=Ceived all of the foUowing do-::t..nn:mt::, which shall be r=asonably satisfactory , in torm and substance, .to Les:sor: (1) evidence of tnsura.n ce cove;age requi;ed by the Lsass, (2) an opinion of I =::-es's cour.set; (3} reasonably dei:aiied invoices tor the Equipment (4) Unrrorm Commercial Cod: (UCC) financing stt~enl:s:; (5) copies of resolutions by L~....s:::e's governing body, duly authorizing the Lsass and lncumben:;y cerifficates to; the peiSon(s) who will sign the Lease ; (6 ) su:;h dcr...uments and ceri:iilcates :elating to the tax-exempt irl'erest payable under the Lease (including, without f1mitation, lKS Form 8D3BG or 8038GC) as L:ssor may request; and (7) such other docum ents a nd information previously ideniffie.:::! by Lessor or otherwise. reasor.abiy 1"8qUested by Lessor. S. TcRMWAHON FDR GOVE.I:;:NMENTAL N'DN-APF'ROPRlATIONS . 6. 'I For each Leese, Le:::see represents and \1\>arrant:s: that it has appropriate:i and budgeted the ll"'....cessary r.Jnds to make all Rem P2yments requ ired pursuant to suc:h LeE:se fo; the remainder of the ns-..-al year in which the Lsase Tarm commences; and that it intends b make Rent Payment; tor the full LEase TaiTi1 a:s scheduled on the applicable Schedule ,LI,-1 so long as funds ar: appropriated in sach fisc:~: ysr by its governing body . Lessee rsa.sonably believes that moneys in a n arnount sufficient to make all Rent Payments can and wi!! lawfully be appropriated and made available therefor. Al l R.ent Payments shall be payable out oi the general funds of Lessee or out of other funds tegally availabie therefor. L.a-s:so1 agr=es that the L::ases will not be ganeral cb!igations of Lesse-e and thai t"'e Leases shall not constitt..I"t..e p\adges of either the ful! faith and credit of Lessee or the taxing power of L~see. 5.2 tf Lessee's governing booy fails to appropriate sufficient funds in any ftsca! ye.ar for Rent Payments or other payments due under a Lease and rr other funds are not ava.il ab~ tor such payment;, th=n a "Non-Appropriation Event" shall be deemed to have occuJTad . If 2 Non-Appropri ation Event oc:curs., then: (a) Lass:::: shall grve Lessor immediate notk::e of such Non-Appropriation Event and provide writt:n evidence of such tailure by Lessee's governing body; (b) on the Rerum Date, Lessee shall retum to Lessor all, but not les:s tt-.ar1 all , of fhe Equipment covere<l by the afi-=-'"teci Lease, at Less:e's sole e~nse, in ac::r-....ortian~ with Section 21 h:reof; and (c) the afrs-:;"'t.ed Lease shall t eiiTlinate on the r\etu m C.-ate without penalty or expense to Les:see. provided., that Lessee shal! :oay al! Rent Payments and other amoullis payabie under the afl'ecteO Lsa~ ior whic.1 funds shall have beep, appropri 3ted o r atE otherwise avaitable, pruvided further, that Lessee shall pay month-to-month ient at the T"3te set forth i n the :ffiect ed L=ase for sach montl or part thereof i:h:E Les:see tal\s to return the Equipment under this Secti::m 52.. "Return DatE' meai!s the t2:st day of the f!sr-.-al ysar tor which appmpr~atior.s we~ made tor the Rent Payments due under a Lease. 7. NO W.A.RR..~rn' 3Y LESSOR. The E:qurpmem :s sold "AS ~Sr.. U::SSEc .. ~CKNOWl...EDG~S THAT LESSOR DID NOT MA.NUr .. ~CTURE THE ::QUIPMEI'IT, I ==ssOR DOES NOT REPR.ESEI\!'T THE 111\..b.NUF .~CTURER, DWNE::t:., OR DE..~R.. .!.J-JD !...ESScE SELECTED THE EQUIPMeNT B.t.S2D UPON LES:SEE'S DWN JUDGM:=l'i'T. !...ES:SOR. N'i.4.KES NO WAR.P .... ANTIES., EXPRESS OR lM?LlC:D, INCL.UDING WAi':RANTIES Of: 1\E~Cf-I.ANT ABILITY DR. FiTNESS PDR A p,i:._;\TICUL!U\ ?UKPOSE DR OTHE~W.SE OR AS TO THE EQUI?M~J\>T'S VALUE, DESIGN., CONDITION., US~ CAPACiTY OR DIJ~IUTY. LSSEE AGR.22S THAT REGA.!IDLESS Or CAUSE., LESSOR !S NOT ~SPONSl3L: FDK, AND LESSEE WILL NOT MAf~ ArfY CL.IUM AGAINST LE.S.SOR FOP"' ~, D . .!JifLAGES.., \1\f.'·ETHER CONSBQ.U:NTI~, DIRE:CT, SPEGt.A.L DR INDIRECT INCUK.R2D SY L ESSEE lN CONNECTION WiTH THE EQU!?ME:NT OR TH~S 1\h..!:.ST~R LEAS:: -L.EA.S:; PUKCH.A.SE AGREE:MEN"T . NEiT-E:~ THe rtL.t:.NU~ ACTIJRER, TrlE D:=..A.L.Er''-~ NOR AI\'Y SALESPERSON, EMPLOYEE D r{ AGEiiT OF THE DEALER DR MANUFACTURE?"" !S LES.SDR''S A GEl-iT OR H.ll.S .t..h'Y ALJT"'rtO KITY TO SPEAK FOR LESSOR OR TO i5!ND LES.SO!:;: IN ANY W..il,Y, For and during the -2 - .•.. j I ,, ' .. ~C-5 L:as: Term, Lessor hs~:by assig;;s to L="'""s?"" any ii"ianufacturar's or Suppflsrs piDduci ~Wam:miies., =xpres Di impiied, applicabP-to any Equipment and L=s:x authoriZes Lessee to obtain the CL!s'"LOmary servi-=~ tum.!shed in c:onnsciion with such warf?!nties ar lesse:'s sole expense. L.e~== sg~ that (a) a!i Equipment wiU have been purch<:sed by L=s.soi in a:::cordance with U~sse:'s speciiicaf:ions from Suppiers seectsci by Less=:, (o) Lessor !s not a manufactuiSi o r ciEaier of any Equipmant and has no l!abiirty ror th: dsilvery or inStallaiion of any Equipii1Snt, (c) Lessor :!s.sum~ no obfigation wtth resp-"'....d iD any r;;anutacturers or Sup!:lf;ers product warraniies or guaiantiss., (d)-no mam..rtacf'u.~rer or Suppler or any ·representative of said parties is an agent of L:ssor, and (e) :my ~:arranty , repreaerrtaton., guaranty or agr=msnt made by any ii"ianuEdurei or Supolier or any reprea:. ti.::ttive of said parties shall not b= bincftng upon Lssm. 8 . TiTLE; SECURrTY INTEREST. B. '1 Upon L~see 's acceptance of any Equipment under its Laase, tr-Je to tr1; Equipment sr.all vest in Less:>e, subje::t tJ I """"Sor's security 1~;-est therein and all of L:ssor's othar rights unde; such L=:se including., without ilmltation, Sections 6, 20 and 2'1 hereof. 82 As co!tateral security tor the Secured Obligations, Lessae hereby grants to Lessor := fi , ... [ pr1<:Hity security ini;E;ie:St in any and all of .the Equipment (no-w existing or heieafer acquired) and any and all proceeds ther=of. Lesse:= ag~ tD e~ecute and deiiver to Lessor all nsc'"::-sary documents to .. evidence anci perfect such security interest: including, wiThout hmitatlon , Uniform Commeicial Code (UCC) financing :::o~lements and any amendments thereto . 8.3 "Se::urad Obfigatior.s· m~M L~ee·s obligations to pay all Rent Payments and all other amount; due and payable under all p ;~eili: and future Leases and to perform ar1d observe all covanan'G, agreements and conditions (dire-:::i or indirect, absolute or contingen~ due or to be-.::ome due, or existing or he10-3.fer arising) of L~= under al l present and fub.lre Leases. ~. P:::RSO/ItAL PROPERTY. All Equipmem is and will remain personal property and wiU not be deemed iD be affixed or attached to real esi.ate nr any building ti'rereon. "iD. MAI~-rr=tiANCE Ah!D OPER.b.TION. L~ee agrees tt shall, at its sole :xpense: (a) repair and maintain aU Equipment in good o:mdition and woiking order, in accordance witn manutacturers in>truction:., and supply and install all replacement parts or other devices when required to so main tain the =quipmsm oi when required by appfJcable law or regulation , which parts or devices shall automatically b9Come part of file Equipment; a.•d (b) use and operate all Equipment in a c3reiul manner in the n:>rm3/ c:Durse of i'G ooer-ations and only tor tile purposes for which it \11--as designed in accordance with the manl.li:lcturer's v..-arranty ~urrements., and comply wtth ali law-s and re-;;Ju\ations relating to the Equipment. If any Equipment is customaiily covered by a maintenance agreement, Lessee will furn ish L..ess:>r with a maintenance agreemeni by a party reasonably satistacbry to Lessor. No maintenance or other service for any Equipment will be provided by Lessor. Lessee will not make any a!Brntions, addiTions Dr improvernents (Aimprovements") to any Equipment wtthoui Lessor's prior written consent unl-=$s the Improvements may b= raadity r=moved wTthout damage to the operotion, value or utt11ty of such Equipment, but any su:::h improvement;; not removed prior iD the termination ot the applicable Lease shall aut:Dii"iatically become part of the E:quipment. 'I 't . LOCA nor.t; INSPECTION.. Equipment will not be removed tram, or if E.quiprnsrrt is rolling stock its permanerrt o:::.se wil! noi be changed trom, the Location without La~ors prim wrti:En ~nsent which wili not be unrsasortabiy withheld.. U~on r=sor.ab~ notice to Less~. Lessor rray enter the Lo::ation or elsewhere during normal bL.!sinss hours b ir.spe-~ the E:qulpment. 12.. UEii!S., SU3l£..~SES AND TAXES 12. 1 Lessee shall K=p all Equipment ires and clear of aU Liens e:::-::epi those Liens cr:=ated under its Lsase . Les:s:::: "'~,all not sublet m lend any E.quipmerrt or permit tt to be u:;;ad by =myone other than l.£ssee o;-Les:s::.;'s employee:.. 12.2 Le:::sse shall pay when du: all T~es whi:::h fi13Y now •:JT hersafsr be imp-:sad upon any Equipment or its ownership, leasing, rental, sale, purch::se, pcssession o; use, upon any Lease o r upon any Rent Payments or any other payments due under any L=se. If Lessee tai!s to J::-ay such Taxes when -. 3 - .. :::!:5 du:, ~_sor shall have. the right, but not the obiigafi.:m, to pay such T~!:!S.. tf Lessor pays any such Taxes, then L~ee sha!!, upon d9mand, immeci;al:31y r=irnburse Le::.-sor the.-atoi. 'Taxes• msar.s pr::sam.· and future tax::s, levies, ciutP~. ::sessments o; other govemmentai charges ~at are not basad cin the net income of Le<=..so:, wt-,ei:her they ar5 assessed to o; payable by Less* o; L=--sso:, im::ludirr£*, without ftmr...a!ion (a) sa!s, use., ex:c!s;o, ii::ensing, ragb.l.. aticm, ti"Jing, gross receipts., starnp and pe~;:)r.al property taxes., and (b) irrterest, psnalt::s or fines on any of th:: !ore-;1oing . · 13. RJSK OF LCS:S.. 13 .1 Lessee b==.....ar:; the entire risk of lass, thef.., damage or de:;tu::;iion of any Equipment in whoP- or in part from any ie25on whatsoevsr rcasualty LossD}. No Cesua.lty Loss it· any Equipment shall reiiev:; Lessee from the obiigation to make any Rent Payment; or to periorm any other obiig:rtioo undsr · any Leese . ?rrx:eeds oi any insurance recovery will be appiied to l-ess::::'s obiigations under this Section 13 . . 13.2 ti z Casualty .Los:s o:::cui"S to any Equipment., Lessee shall imi"r"l"'.-diate\y nDtity Lessor of the same and L.~se: shalt, unf~s otherwise direc:te·d by Lessor, immediatety repair the same . 13.3 tfLeisor detenmines that any item of Equipment h::s si.Iffered a C~suatty Los:s beyond repair ("Lost Equip.manf'), then Lessee shall either. (a) immediateiy repla::e the losi Equipment wTth similar equip.nient"in good repair, COildition and ~orKing order free and clea; of any Liens (eXT"..-ept Lessor's Uens) and deiiver to L~sor a blli of sale covering the ;eplacerrent equipment, in which event such replacement equipment shall automatically be :=quipmeili: under the appiicab\e Lease; or (b} on the ·next scheduled R.ent Paymant date, pay Lessor (i) all amounts owed by Lessee under the applicable Lease, including the · Rent Payment due on such date plus (iD sr. amount equal to the applicable Termination Value se.i forth in the Payment Scheduie to the appiicable Lease. tf Less::.::: is making such payment with respect io less than ali of the Equipment under 2 Lease , then Lessor will provide L=-:::see wittl the pro raG. amount of the Rent Payment and Tennir.ation Vaiue to~ paid by Lessee with respect to the Lost Equipment. ;40 -ro-H..l_!:~;+., cMl l.'a..bih1-1~~.f1,...1" &c.11.so'%. '-~~ p~;da_@~~ 13.4"L,.,~s.=.e shall !J<>.....ar the risk of loss tor, shall pay directly, and shall def=nd against any and all ctaims, fiabillties, proceedings, actions, ~xpenses ("Including reasonable attorney's tees). damages or losses arising under or related to any Equlpme,-rt., including, but not frmlted to, the possession, ownership, lsas2, use or operation thereoi. These obfrgations. of Les:see shall survive any expiration or termination of any L.sa~. Lessee shari not bsar t"'le risk of toss of, nor pay for, any daims, [iabiifues, piOceecftngs, actions, s)cpenses [!nciuding atbmey's fe.es), damages or lc:s:ses wh'tch aiise directly trom events occ'..l rring after any Equipment hes b=n returned by Less::.:: to Lessor in accordarrc= with the terms of the applicable Lsase or which arise di;ectly from the gros:s negrtgence oi wirlful misconduct of Le:,-sor. ~4. INSVR.h..NCE.. 14 .1 (a) Lesse= at its :;ole e::cpenss shall at all times keep a!l Equipment insured against all risks of to;:;s. or damage from every cause 'llllha'soever for an amount not le;;;s. than the Tennination Value oi the E.quipmeDL Procseds ot any such insurance covering damage or lo:=:s of any Equipment shall be payab\: to Lessor as bss pay~. (b) The Total Amount Ftr.anc:ad es set torth on the Schedule A-1 does not inciude the payment of any p;amium Toi any hability insurance coverage tor bodi~' inJury andlor property c-arnage ·::at..!Sed 1D others and no such insur:mce wlli be pun:::hased by I ,::.:o-soi. (c) Lessee at tts sole ex::ner:se shall 3i all times carry pubiic iiabiitty and prop-=rty damage ir.swancs in amounts ie2SC>nably s:riisa"inry to Lessor prosding Lessee arrd L =-:o-;,:;o; fmm iiabiiities tor injuries to pef'Sons and damage to property of others ;etai:ing in 311Y v.;ay to any Equipment. Pro-aee;; of any such pubiic f.-abifity Oi property insUi-am::e shall i:>e payable ftrst b L..essor .::s additional ir.su;ed to the ext=nt oi its liability, and the1'\ to Le~e:. ~42 All in;;urers shal! be r:2SOr.abiy sai:!sfac:i:ory to Le:=:sor. Lessee shall promptly defrver io L=ssor SE¢sf3Gbry evidence of required insu;ance coverage and ali i'BMV\rals and ;aplacemen's thereof. each insuran::::e poflcy will ;equiie thai the insure; give Le~ar at ~=est 30 days plior writi:sn notice of any ~anceU.ation of such poiicy and will r=qui;e tr.at Lessors intarests remain insured re9arcf~es:s of any a·:ft, error , misrepr=sentafion, omission or ragle~ of Les:se;o. The trsurance maint3ined by Le:,.-see shall b:: primary withoui any right of co~bution from insu;ance which may be maintained by Le::.sor. 15. PURC,t..V.SE OPTl0!\1.. Upon thirty (30) days piior writ\:en notice by L =-:::see i:o Lessor, and so bng as ther: is no Event of Defauit then ex!sting., Lessee shall hav:: th~ option to pur::hase a[!, but not tess than -4 - .. I EC5 all, of the ~quiprnent covered by a L::-::s: on any·Rent P:!Yl"iBnt due dat= ~.rJ p3ying to Lessoi all Rent Paymertts then due (in:;iuding accrued interest, if any) pius the Termination Value am::>unt set brth on the Payment Sche:du~ to the appiicabls Lease io; such d::ri::. Upon satisfaction by Lessee of such purchase conditior.s., L=:sor shali re~=== it; Lien on such E.quiprrant and i...essae shall retain iG title to such . Equipment "AS-l.S , VVHER.E-ls: without r::pr::sentation or war.anty by Lssor, express or impie:l, except fo; a repre;:;antai:ion mat such Equipment !s tree and ol::oar of any Liens crsated by Lessor. 16. L3SE::'S REPP...ESENTATiONS AN.D WAAR.A.WTES. Equipmen~ Lessee her--...by represents and V\lairants 1D L.essm th_at (a) Lessee h=s tu[l powar, authortty and legal right to execlf'..e and deiiver the Lsase and to p=>....rio11T1 iG obiigai:ions under the Lease, and all such actions have been duly authortzed by appropriatE fincf1ngs and actions oi Lesse::'s governing body; (b) the L=ese has ~n duly exe-::uted and deiivered by Lessee and ::on~ a legal, valid and binding obligati::>n of Lass.ee., enforceable in a:::cordan~ with its ter:rns.; (c) the Lease is authortz:ed under, and the authorization, execution and delivery of the L~se complies with, all appflcabie federal, stat: and local laws and regulations [including , but not flmttad m, all open meeting, pubi'1c bidding and property a::quisition t3'>'1S} and ali 2:ppflcabie judgment; and court orders-; (d) the exe:;ution, delive:ry and perfurman:;e by Lessee of fu; obflgations under the Laase v>'lli not result in a braach or violation of, nor c:onS>titvt: a defautt unde;, any ag;eament, lsase o r other instrument to which Lessee is a party m by which Less=e's properties may be bound or arrecesf; (e) there !s no pending, or to the best of L=-~sse's knowledge threaened, litigation of any nature which may have a matErial adverse efP....d on Lessee's abiiity to f)eiiorm lts obligatiorrs under the Lease; and (f) Less::.:: is 2 stat:, or a poiiiical subdivision thereof, c:s rsrer.ed to in Section ~ 03 of the Code, and Lessee's obligation under the Ls:-..se consi:ft.J"Bs an emor.::eable obligation is:;ued on behalf of a state or a pofii:ical subdivision thar::ot. 17. T .A.X COVENANTS. Less;;.e hereby covenans and agrees that (a) Les.;:;se shall comply with aH of the requirements of Section 149(a) and Section ·i49(e) oi the Code, as the same may 0-: am:'!ncled trom time to time , and such compfance shall include, but not be limited to, keeping a complet: and accui3i:e i6cc>rd of any assignments of any Lease and executing and fiiing lntemal K.evenus Form S038G or 8C3BGC, as the case may be, and any other information sta:Iements reasonabty requested by Lessor, (b) Less~::: shall not do (or cause to be done) any ac;t which will cause, or by omission of any act allow, any Lease to be ar "arbitrage b·:Jno'" within the meaning of Se:::tion 143(a) r1f the •:.Ode or any Leas: to be a "privatE activity bon oft within the msaning c:rf Section 't4 ~(a) of the Code.; and (c) Lessee shall not do (or :;aus:: to be done) any act which will cause, or by omission of any act allow, the intere;;i portion of any Rent Paymerrt:s to be Oi re::ome includable in grcss in:::ome tor Federal in~ome 8xation purposes under the Code (d) ff L=::sor elther (l) reGeives notice, in any brm, irom the !R.S; or'(iD n::5onapiy c!erermin:s., b::sed on an opinion of ind;:pandent t3x cour.sei selsc'red by Lessor and approved by I =esse, which approval Less~ shall nat unrsasor.abry wiThhold., that Lessoi may oot exctude fiB interest component of any R.ent Payment under a Tax-Exempt I =se irom tederal g;cs:s income ba...-ause Less:::: b~chad a covenant conained herein., then ' ~~se-e shall pay to Lessor, wlthin thirty (30) days a:fer Lasso; names Les:s.ee of such darennir.ation, th: amount whict.\ with respect to Rent Payments previousty paid and taking into 3GCOUnt ali penalties., fin:s., inerest and addfuor:s to ~ (inc'tuding all l:daral, s';:ate and lo::al taxes imposed on the lnt=rst component o1 atl Rani Payments under such Tax-Exempt Leas: dUe through the date oi such event) that are lmpcsad on Les:sor as a result of ~ ios:s of the e:::::ciu.siof"l., will restore to Le.s.soi the same afar-tax yield on the transaciion avdenced by such Tax-S.vsmpt L.s:=se -5 - .. ... -· -· ,, -. . 1 =~ (::::Suming tax at the highest margirial corporat: t3x rctt.e) that lt would have r:::tltz~d had .tr;; exclusion rmt been iost.. Addtti::maHy, Les:.;= agraes mat upon the o:=urrenca o f such an sv~nt with rasp9d to a Tax-exempt Lease, it sha!! pay additior:.3 1 rent to Lessoi on each su:=esding R.ent Payrnent due dat= in such amount ::s wilt maintain such after-tax yieid to L=-:::-:.;or. Les:sors determination oi the arnount nsc=-c-sary to rnainain its afte;-'ax yieid as provided in this subsection (b) shal! CP-:::onctu::;iv; (at-;;ent rr.anitest eiTDr). Noiwii:hsi:3nding anything in a T:::n:-E.xempt Lease 1D the contrary, any payment that L.es:s= ts ;equiP-d to make pursuant iD this subsection (bi shall be made on~' tmm L.s-;aliy Available Funds.. 18 . ASSIGNr .. 'iEN'T . 18 .1 Lessee shall not c:ssign, trans;fer, ple::lge, hypot'lec:ai.:, nor grant any Lien on, nor otheiW·!se dispcse of, any Lsass or any Equipment or any interest in any Laa:.;e or Equipmenl 182 Les:sor may assign its rights, title and mterast in and to any Lsase o r any Equipment, andior may grant or assign a security interest in any Lease and its Equipment, in who!:: or in pa;t, to any party at any time. Any su::::h assignee or iian holder (an '.Assignee~) shall have 311 of the rights of Lessor undar the appflcabis Lease. LESSEE .AGREES NOT TO ASSE~.T AGAiNST ANY ft..SSIGN=:E ANY CLbJMS., .~ATEMEN'TS, SETOFFS, CCJ.UNTE:RCL~MS, RFCDUPMENT OR ANY OTHER SlMfL.!>..R DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR.. Uniess otherw'1se agP-ed by Lessee in writing, any such assignment tansaction shan not release Les:.;or from any of Lessor's obligations under the appfl::able Lease. An assignment or rs:::ssignmsnt of any oi Ls--::sor's right, title or interest in a L.a2se or its Equipment shall be eniurceable against Lessee only after Less~:: receives a wrttten notice of assignmer1t which di:.;clo:.;es the name and address of sach such Assignee. Lessae shall kaep a complete and accurate record of all such assignments in the form n~....essary to comply with Section 149(2) of the Code . Lessee agra=s to acknowledge in writing any such assignments if so !'"E!q~.Je:,-ted. 18.3 E:ach ,b..s::.;ign= of a Laase he;eby agrees that (a) the arm Sacur;-d Obiigafior.s as used in Section 8 .3 he~ is hereby amer1ded to include and appty iD all obfig:rtions of L"'-::o.::o.ae under the Assigned Lea:sas and iD exclude the obligations of Les:.;ae u nder any Non-,L>.ssigned Leases; (b) said i•.s.signes shaH have no Lien on, nor any claim to, nor any interest of any kind irt, a n y Norr-Assigned Leases:; and (c) ,A.ssignee shafl exercise its rights, benefits and remedies as the as:signse of Lo.:::-sor Cmctudin g, without limi'Gtion., the remedtes under Section 20 of the Mast=; Lease) sole~' with respect to tire .Assigned Leases. 'As:signad Leases· m sans only those Leases which have been ~;:signed b an Assign:::: pursuant to z V~'litten agreement; and ANon-!>.ssigned Leases• means ali Lsa:.;es excluding the .~-signed Lec::ses . 18.4 Subject to the foregoing , each !....5ase inures b ths benefit of and is bindi ng upon me heirs, executors, administrators , suo:::es:sors and 2.s:;;igns oi the parties hereto . 19 . EVENTS OF DCF .A)JL T . For sach Lease, aEvent of Dafautf m~ans the occurrsllc: of ::~ny one or mors of the following events c::s they may reiai:: to such Lease: {a) Les:ssa tans to make any R.en t Payment (or any other payment) as ii tr>.._.eomes du:: in accordan:;e with the terrns of the Lease, and any such failure continues tor ten (1 0) days afl:ei the due date thereat, (b) L..esses 1ai!s to periorrn or observe any of its obiigstions under S=ctions t2.4, 14 or 18.1 he;eof, (c) Less:::.: iaits to peiionn or observe any other cover.ant. condition or agraernent to be periormed or observed by tt under the L:a::s: and such ailure is not cured within thirty {30) days ait=:r receipt of Wlitren notice the:eoi by L=ssor, {d) an y s±ai:sment. repr=sentation o r v;arranty made by Lessee in the Lsase Di in any writing deiivered by Les:s:e pursuarrt ther=to or in conrP..ction therewith proves at any time to have been raise, mislsad'1ng o r erroneous in any material r::spe:::t a; of the .time when made; (e) Lessee appiies to; or consents to the appointment of a receiver, trus'i::!e , conssr..-ai:or ar iiquidator oi Less:::: or of al! Oi a :;ubstantial part of it; ossstr:, or a petition im relief !s filed by Less.::: under any i'edera\ m 5t3te bankruptcy, inso.!vency o r similar taw , or a petition in a proceading under any federal o r sate bankruptcy, insolvency or simiiar \aw is tned against Lessee and is not ci!sm!s:s9d within sixty (60) days thers3.fer, or (f} ~ses shaH be in cisraul\ under any other Lsase or under any other financing agrs::ment executed at any time with Lessor. 20. ?..=:M::DIES. If any Event of Derauit occurs., mer i "':;::;o; may, at its option, exercise any ore o i m o r e of the tollDwing remedies.: -6 - .. : . aJ5 (a) Less~r may raquire Lessee to pay {and Lessae: ag;ees trai it shal! pay) ali amounts than -cummtly du= under all Ls~sss and afl remaining Rent Paymants du: under all Le2sss during the nsca! year in eiBc:t whan the cleT3utt o-::curs together witt'; i1 tier~ on such amounts at the highest lawrul ial:e from the dare of Lessor's demand TOi such payment. (b) Les:soi ffiay require Lessee to promptly return all E:quipmerrt to Lessor in the manner set torth in Se-.."iion 21 {and Les:se: ag;aes thai it shall so f9tum the Equipment), or L::=:sor may, at its option, enter upon the premises where any E.quipmerrt !s b::ated and repos:ssss such E.quipm=rrt without demand oi notice, without any court order or otrar pro-:ass of taw and wti:houi iiabiiity tor any damage occasioned by such rsp;.."'S:sas:siort ; {c) Les:sm may s;H, is~se or otherwise dispos: of any E.quipmen~ in whole or in pa11, 1n one or more pubiic or privat: transaciions, and if Les:sDr so dh;poses ::;f any Equipment. then L"'E:Sor shan retain the anti:: proceeds of such cf1sposmon ti-ae of any ciaims qi Lessee, provided, that the net pro:;seds of any su;:;.'l disposition shall be applied to amounts payable by Lessee under ciaLSe (a) abDVe of ths Section only to the extant that such net proceeds exceed the applicable lem1ination Value set forth in the ·applicable Scheduie A-1; · (d) Lessor may erminate, cancel or rescind any Lease as many and al! Equipmsn~ (e) Lessor may exercise any other right, remedy or privHege which may b:: ·avaiiab\e to Lessor under applicable iaw or, by appropriate court action at law or in ~uity, Lessor may enforce any of Lessee's obiig:IDons under any L~se; and/or (f) Lessor may raquire Lesse; to pay (and Lesse: agrees that rt shall pay) all oui-of-po:;ket co,.:.:, and expanses incurred by ~ssor as 3 resutt ( dire::::tly or indirectiy) of the Event of Default andio;-of Lessor's actions unde; th\s secibn, including, without limitation, any attorney tees and ex:pens~ and any costs ralated to the reposses:siail, safekeeping, storage, repair, raconditioning or disposition of any Equipment None of the above remedies is exclusive, blrt aacn rs cumulative and in addition to any oth~ ramecly availab~e to Lessor. Lessor's e,:(erc;ise of one or more remedies s~atl not preclude its exen:\se of anv other ramedy. Ho detay or tai!ure on the part of Lessor to ex:en:ise any remedy under any Lease sha·ll ope. aie as a walver thereof , nor as 3n acquiescence in an-y ·:Jefault, nor shall any single or partial exerc:!se of any ramady preclude any other exercise thereof or the exercise o'f any omer remedy_ 21. RETURl';! OF E:QUIP'I\I!Ef"{T. tf Lessor s entitled under i:he provisions oi any Lease inctudino any termitlai:ion thereof pursuailt to Se...-tions 6 or 20 of th\5 M::ster L9:5e, to obtain pos:~es:sion crl any Equipment or if Lessee is obilgatsd at any time to rerum any Eqlriprnsnt, then (a) title to the Equipment shall vest m Lessor immediateiy upon Ll=ssors notice thereof to Less::::, anci (b) :..esse:; shall, at iG sole expense and risk, imm~i aefy de-install, di~ssemb.le, pack, c.-ate , insure and ;atum the Equipment to L.e:ssor (all in a::::cortiance with applicable industry standards) at any iocai:i-:m in the continenEJ Unli:=d Sates sete:::ted by ~-sor . Such.Equipmem shan be in the same condition as when ;-eceived by Lessee (reasonable wear , tear and depreciation resulting trom norma! and proper use :,x--..ep'ed), shall be in good operating order and maintenance as required by the apoik:abf= Ls=-se , shall be 'ire:: and clear of any Uen-s (a~ept Las:sor's Lien) arid' shall comp~y with all apph:;able laV'/S and regulations. Until Equipment ls rett.liTteO as 19quirad above, ali terms of the applicable Lease shal! remain in tun force and s'IT::!ct including, wtth:>ut iim!tation, obiigations to pay Rent Paymen'G and to insure the Equipmarrl l.es:se; agre$ i:D execute and deiiver .iD I =<=;;o; all documents i'SaSor.ably rsqu:stad by Les:s.or to evidence the trar.star cri \=gal and beneficlal i:flle to such E.quipmani to Lessor and i:D evidence the termir.ation of .Lessee's interest in such Equipment 22.. LA.W GOVE:RNING.. E:ach Lsese shal! be governed by fue ~aws of fue "'ia~e of fus lesses (Tne "S~j.. 2:3. NOTICES_ All noi:icQ to be given under any Lease shall be mad: in writing and either per;;o~oally deiivsrsd or maifed by certifu!d maH to th€ other party at iS address set iurth he~in or at such addi%5 as the party rTI3Y provide tn Wifung tram time iD tim:_ .AJ'Iy such nones shall be d==med to have been rsc::eiv~ frve (5) days sub::~u=nt to maiflng if sent by regular or ce, i.ii:ed mai\, or on the nexi business -7 - :: i. '. dey if s=ni by overnight cou;-isr, or on the day of deiJVary if deiiv:r:...: personaliy. 24 . FINANCIAL 1;-J;=O?..MATIDI'It; INDEMNfTY; POW~ OF ATTORNEY. Wrthin thirty (30) days of tl-reli c:ompetion in each ns....-al ysar of Less::.: during any Leese Term, Less:;:: will deiiver iD Lessor upon Ls:::s:>rs r:qvest the pubi'rcly a\:31:3ble· annual financtal intDimaiion of Lessee. To tirE: e}j:ant psitnitted by law, Less:;~ shall indemnity , hold harmless and, tf L=-=sor requests, cistend Lessor and its shareholder;;, affiliates., employees., dsa~eG and agents agaim;t all C~aims cfrre:::tiy Oi indirecjjy arising out oi o; conrr~d with (a) the m.anl.f.actu~. instaf\ation, L.'se, le2se., pcsses:sion or delivery of the Equipmsnt., (b ) <illy defect:, in the Equipmenl any wrongful act o r omission of ~s:::::, or ii:s empi;::JY~ and agents., or (c) any claims of alleged braach by Less:::: of th!s Master Le2se or <illY r:l3ed document ·c~a~11s" means all ICF..ses, liabiliti=s, damages, penaities, exper:ses ('tnclucfing attorney's fees and costs), d.aims, actions and suits., whether in contr3ct, inrt or othei'W!se. Lessee re;eby ::ippointr. Les:sor it; true and lawtui 3tinmey-in-oo (\With full power of subsi:itl.rtion) to pBpar: <illy instrument. certific:ate oi titie oi nna.n:::ing statement cove;-ing the E:quipmerrt or otherwise prwtecting Lessor's ir1erest in the C:aulpmenl tD sign Lessee's name with the same fore: and afi'=o-Ct :::s lf signed by Lessee, and to fHe same a t the proper location{s); and make claims tor, iCCeive fjayment ot, and exe~ 3nd ::moors<: all document::., che&.s oi cliafu, tor less., ref:.., damage or destruction tc the ~quipmerrt under any insurance. 25 . SEGTION i·E.~DH~GS. All section haadin;s contained he;ain o r in any Schedule are for convenience of re~rence only arrd do not define or l'lmit the sco;:>e of any provision of any L:ase. 25. ~CLfTION lN COUNTER.?.b.RTS. E.ach Schedule to this Maser Lease ma~' be axecuted in several count=rpai'E, each of wtlich shall be deemed ar1 original, bl.it all ot which shall ~ deemej one instrumenl Only one counterpart of each Schedule shall ~ maiked 'Les:sor's Original" and all other counterparts shall be deemed duplicates. ,A,n assignment of cir security interest in any S::*ledule may be c;satad through transfer and poss~sion only of the counterpart marked "Les:sor's Original." T!. ENT!RE AGREEtriENl; WRiTTEN AMENDME~ ... 'IS. l=~ch Lease, tDgether with the exhibits ati:3ched thereto and made a pari hereof and other attachments the;eto, and other documents or instruments executed by Lessee and LeiSOi in rortnection merewith, cons:i:ittire the entire agreerrem betw-~n ihs parties with respect to the lease of the Equipment covered thereby, and such Leese shan not be modified., amended, altered, or changed except with the written consent of Less~ and Lessor. Any provision of any Lease tound b be prohibited by law shall be ineffective to the extant of such prohibition without invalidating the ;emainder of the Lease . Crt\· oi Palrr. 3-e::~ct:,.....Gardeils {"Lesse:")/J ~ B\r~ t£~~:r----- ;rtlel F.u.J A ,Ali£· t-1l>.A12.A" .r sp'?A~ · 1 0500 North Miiit3ry Trail PaL11 B=..ach Gardens., FL 3.3410 155 E=st Bro3d Street., 34-323~-7 Columbus, OH 432'r5 •' -·· .... FLORIDA M~S 1 ::.R L.E..A.SE-PURCrl..!!.S::O ADD:::NDUM (Horida Local Government L..sa;;e) Lessee: Citv crf Palm Beach Gardens RsrerenCE is rr.a!E iD the above I'Jl.2:.""tei I sas:--Purchass Agr::elTl""...nt ("llha:sta; I "''"5'= ") by and retwe=>..n Oshkosh CapitaJ ("Le:,-sorj and 'ina abov: less:~ ("l...ss:sce"}. Th\s Addendum amsnds and modifies the terms and :::ana-mans of the IV.a:,.-Tsr I~~ and !s hereby made a part of the Master Lsase . Unle~ ofrr....IW.se defined t-arein, capttai.:::ed ~ d...afmeci in the Master Lease: shall have the same meaning when ussd herein. NOW, lt-!E.R:EFOR:E., c:s part of the vah.tabie cor.sideraiion i:P induce the ~xecui:ion of 1-.sases, L"""'sor and Le~ hereby agree to amend ihe Master Lease as iollovr;;: '1. Section 6, T:::P-MI"*A liON FOR GOVER.t-IMENT AL NON-APPRO?RIA.TIONS, Snhs<>-::fion 62 crith= Mast9f Lease is ce·~ereo and replaced with the following : 62 tf Lessee's governing body fails to appropr.aie sllfiiciern funds in any fiscal ysar br K.ant Payment; or other paymentr. due under a L.eas:s and tf other funds are no! avaJ1able for sud1 pa)'!Tl"'~. then 2 &Norr-Appropriai:ion Everrt• shall be d:.emed to hav5 oc:ct.JTr9d.. If a Norr- .A.ppropriation Event occurs., then: (a) Lessee shan give Lessor immediate notic; of such Norr- Appropiiation Event and provide wrf"'u.en evidence of such tailure by Lessee 's governing body, (o) on the Return Dot..:, L..es:see shall return to Lessor all, but not less than all, of the ~uipmeni cov.er.ed by the a:ITec:t9d Lsasa ; at Lec-see 's sole expense, in ac:cordanc;; with ~..ction Z'l hsreot, provided, that if L..essee tails to so return the Equipment, then Lessee shan pay to Lessor the full amourn under Section 15 i'EP...of as if Lessee had ~acted to e::rer:::isa lts purchase option for Equipmsnt;• and {c) the i'il?~ l...sase shali termir.ate on the Return Dare without psncrtty or a~r.se to Lessee, provided, that L"'"see sr.afl pay ali Rent Payment; and other amounts paj-able under the aifucted L..sase for which iunds shall have b:sn approp.iated or a;e otherwise available' provided further' tha! Lessee shal l pay momrriD- morrth i9nt at the rate set iorih in the a:fiacred Lease for =ac:h month or part thereof that L.ec-..see tans to return the Equipment under this Section 62. "Ratum Dats" msans the IE!si day of the nsc:al year ior whidl appropriations v.-ere made ior the Rent Payments dt.!e under a Lease . 2.. Section 8, induding subsections 8 .1 , 82 and 8.3 the 1\/'.aster Lsas:, a;; de leted and replaced with the following: "8 . 11TL2.; UCC FfLINGS. "8.1 Upon Lessee's acceptance of any Equipment under a Lsa;;a, title tD the Equipment shall vesi in Less=, subject to Lessoi's rights under such Lease inciucf1ng, withoui limitation , Seci:iom 6., 20 and 2~ ha~. "B2 Lessor si-.al i not have a security 1nta;est i n arry of the Equipment under the Unitorm Commercial Code ai iiE stat:; of Fiorlda, but, in order to give noiice to ofhe!3 of Lessor's lights under &dions 6, 2.0 and 2~ ~!:!Of, LesS* agrees to exa:::ute and def!Yel· to I =so; UCC finan::ing s.ta'.amen'G relating to the ~quiprneni and any amanciinaf1t5 thef3to .· 3 . ..1\li of S!dion 20 ls deiatad aruJ replaced witl1 ti-e tollowing:: "2.0 . ?EM2DH::S. tf any Evant of Deriautt occurs., men Lessor r..ay, at iiB apfion, ~ar::ise any one or more of the tortowing rem:Jcies:: "(a) ~DT may require I '"""~ee to oa~'. and Lessee agr::--s thai it :;;i-.al ! pay, ('[) all amounts then CUJTSntiy due under a!! I =s~ , {2) ali remaining Rem Payrn:nts du? LlTlOer all L=ases ciuring the iis=al y=-ar tn ef:sd. whsn the Eveni of Datauli D~. (3) to the exrerti pe~d by appii::abls law, the T srminaiion Vaiue dt.!e under an Leases when the :=vent of Dslaut\ occus after subtra::fing 311 amourrt:s paid by L"'SSes under subclaL.'Se (2) oftms ciauss (a), and (4) i!lt:lrest an the toragoing amourrts at th~ iligi"F..st lawful r3E from ths date of I "'"'Soi's demand im such payment; . 1 .. ~-. ·::: .. :"! "(b) upon ~;'s Bq:uest, Less* will promptly return ali Equipment to Lessor in the manner sst torth in Sa-::iion 2 1, proviciecl, tJ-a: Lssor wai\es and ~t;;as::s any right that it rnay have ai law or in aquii:.rtc s~.c a: compulsory peiiollT"ance at-tn= foregoing agr=smertt afLc.sses to ;atum ft"E Equipment to l...::~or; "(c) ii! "'""=es ;etum:; any ::.quioment to L=sor under clause [o) above , ~n Less.or ag;::.-es to USe cOmmsfciafty I"SC:SOnab\e efiori:s . unce-then ctm="Jrt circ:umstan::es to sell, !a.=-:;;; Di otherwise dispcse of such cquinmert~ in whole or in part., in one or m-:>;e publiC o ;-private transaction~, and tf L =sor so ciispcse:s ot ail)' sud! Equipment, then Lessor shaH ;stain me errti;; pro~s at such cilsposition ire: ot any claims ot Lessee up to, but not a...vc....~mg , afl amoums then ~due under all Lsas:s, pius the Termin:riion \/alu,; due under all L~ses when the Evern of C'?tault oc:urs p lus ire expenses ;;;=t forth in clause (e) ot this Section; "(d) subject to the provisions of the Leases tr.ai re;,.--tri:::i l...assor's right to ;ap:::JSses:s or foi9Ciose on rna Equipment, L.:sscr. IT"..a)' e)(Sr:ise any oiher right, ~medy or privilege whi::n w.ay be availabie to! =sol unciar appf1c::able law or Les:sor may erriorce any of lessee's obiiga.iior.s under any Leese by apprnpriate oourt aciion at lsw or in equity~ andlor · "(e) L.es:sor fTt3)' ~:!qUire Lesse.: to" pay (and Lessee agr:=as that ii sha!l paY) all ott.-vl- po-:::ket costs and e~penses in::urred by L =-::-sor a:s a ~ult ( direcily or indire::tiy) of the Everli: of Dsi3uli ancilor oi Les:sor's actions under th!s section, including, without ih"T1itaiiort, a ny attorney rees a nd ~ses and any costs related to ma rep~sS"'-t.-Sion, safek eeping, storage , repair, reconcfmoning ·Oi . disposition of any Equipment. "None of the above remedies is exclusive, but each !s cumulative and in adcfrnon to any othe; rernedy ava.iiable to Les:sor. Le<-..sor's el"-.-ercise oi ona or more remedies shan not praclude its exercise of any o1her remedy . No cie\ay or faiiure on the part oi Lessor to exercise any ramedy l.Jnder any L~se st-.a il operate as a wawer thereoi, nor as an acquiescence in any default, nor st-.all ail)' single or pariial e.-"ercise of any ;amedy preclude any other e.xer.:::ise ihereof or the exercise of any other remed y.' 4. Nothing in the MC$'Le; I "'"'~ o; an~' Schedule sl-.al! be interpreted or construed as granting Lessor a sacurity iilte;::st in or ai:her lien or encumbrance on any Equipmeili. Notwithstamfrng anything to the contra;y irt 1he hflaster Lease or any .Sct'1edule, L.es:sor v,;aives and reieases any right that ii may have a:t \aw or in equity to spe::;ffi::: o r compulsory pertormance of any agreement of L:sses to .-etum the Equipment to Lessor, to transfer legal or bersficial i:itie to the: Equipment to L=ssor or to repo-::ses:s or torac;lose on an)' Equtp£Tl"' .. nt.' 5.. Lessor ack:now!edges thai (a) n.o Ls.ase will be a gener-al obligation of Lessee , (o) no Lses.e will be payable from a p l edge of ad valorem ta...ves., and (c) no Lease s h all consffn..rts:: pledge of either the; ful! tatth and c:;edit of Lessee or ihe taxing power of Le;;:see. 6 . · ;:.~.._-=-pi as expressty amended by this Addendum and other moariic::riions signed by 1 .. ,sor, me Master Lea~ remains unchang~ and in full tore: and effect. .·. IN WTTNi::.SS WHEREOF , the parties hereto have e....~ th!s Addendum as of the; dats first re~;cn.~ abOVE. Cltv of ::>aL"TI 3sa.;.h Garr:P..r.s 0 =><-~=e)/? / / ~:~~~~------------------ Trt!e'i-,Fr/V'~/f/C-C-(1/yttr;'V':r-'peA-;t.~ ., i !-· LEASE-PURCHASE AGREEMENT 187290000 ("Turn-In" Lease for Pierce Equipment) Dated as of February 16, 2015 Lessee Name: City of Palm Beach Gardens Lessee Street Address : 10500 North Military Trail Palm Beach Gardens , FL 33410 1. EQUIPMENT LEASE . Subject to the terms of this Lease , Lessee leases the Equipment from Oshkosh Capital ("Lessor"). This Lease 's term ("Lease Term") begins on the date Lessor designates below (the "Acceptance Date") and, unless terminated early as expressly provided herein , cont inues until Lessee fully pays and performs all of its obligations hereunder. 2. CERTAIN DEFINITIONS . All terms defined herein apply equally to both the singular and plural form of such terms. (a) "Equipment" means the property described in the Schedule , together with all attachments , additions, accessions , improvements, replacements and substitutions thereto. (b) "Lien" means any security interest, lien, mortgage , encumbrance , attachment levy, other judicial process or claim of any nature whatsoever by or of any person. (c) "Lea se " means this Lease-Purchase Agreement , together with the Schedule and the exhibits , schedules and addenda attached hereto and thereto and made a part hereof. (d) "Schedule" means the Schedule A-1 executed by Lessee and Lessor that is attached to this Lease . 3. RENT PAYMENTS . Lessee will pay to Lessor the rent payments as set forth in the Schedule ("Re nt Payments "). Part of each Rent Payment represents the payment of interest as set forth in the Schedule. Lessee 's obligation to pay Rent Payments, including interest therein, accrues as of the Accrual Date stated in the Schedule . Rent Payments will be paid in U.S . dollars , without notice or demand , at Lessor's office (or such other place as Lessor designates from time to time in wr itin g). EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 5, THE OBLIGATION TO PAY RENT PAYMENTS IS ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND IS NOT SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR RECOUPMENT FOR ANY REASON . If Lessor receives any payment from Lessee after the due date, Lessee shall pay Lessor on demand as a late charge 5% of such overdue amount, limited , however, to the maximum legal amount. 4 . ACCEPTANCE ; FUNDING CONDITIONS . (a) As between Lessee and Lessor. Lessee agrees that (i) Lessee has received and inspected all Equipment; (ii) all Equipment is in good working order and complies with all purchase orders, contracts and specifications; (iii) Lessee accepts all Equipment for purposes of this Lease "as-is. where-is"; and (iv) Lessee waives any right to revoke its acceptance. (b) Lessor has no obligation to pay the Purchase Price of the Equipment as stated in the Schedule (the "Purchase Price") unless all reasonable conditions established by Lessor ("Funding Conditions") have been satisfied, including, without limitation, the following : (i) Lessee has signed and delivered the Schedule; (ii) no Event of Default shall have occurred and be continuing ; (iii) no material adverse change shall have occurred in the Internal Revenue Code of 1986, as amended , and the related regulations and rulings (collectively , the "Cod e"); (iv) no material adverse change shall have occurred in the Lessee 's financial condition or any supplier of the Equipment ; (v) all representations of Lessee herein remain true, accurate and complete ; and (vi) Lessor has received all of the following documents , which shall be reasonably satisfactory , in form and substance , to Lessor: (A) evidence of required insurance coverage ; (B) an opinion of Lessee's counsel; (C) reasonably detailed invoices for the Equipment; (D) Uniform Commercial Code (UCC) financing statements ; (E) copies of resolut ions by Lessee's governing body duly authorizing this Lease and incumbency certificates for the person(s) who have signed this Lease; (F) such documents and certificates relating to the tax-exempt interest payable hereunder (inc luding , without limitation, IRS Form 8038G or 8038GC) as Lessor may request ; and (G) such other documents and information previously identified by Lessor or otherwise reasonably requested by Lessor. Lessee a uthorizes Pierce Manufacturing Inc. ("Manufacturer") or its dealer to complete the manufacturer's statement of origin (MSO) and/or the certificate of title (COT) relating to the Equipment with Lessor's first sole Lien noted thereon and to deliver such MSO or COT directly to Lessor. 5. TERMINATION FOR NON-APPROPRIATION . (a) Lessee represents and warrants: that it has appropriated and budgeted the funds to make all Rent Payments for the remain der of the fiscal year in 1 which the Lease Term commences and that it currently intends to make Rent Payments for the full Lease Term if funds are appropriated for the Rent Payments in each succeeding fiscal year. Without contractually committing itself to do so, Lessee reasonably believes that moneys in an amount sufficient to make all Rent Payments can, and will lawfully be, appropriated therefor. Lessee directs the person in charge of its budget requests to include the Rent Payments payable during each fiscal year in the budget request presented to Lessee's governing body for such fiscal year; provided , that Lessee 's governing body retains authority to approve or reject any such budget request. All Rent Payments shall be payable out of the general funds of Lessee or out of other legally appropriated funds. The Lease will not be a general obligation of Lessee and shall not constitute a pledge of either Lessee 's full faith and credit or of Lessee 's taxing power. (b) If Lessee's governing body fails to appropriate sufficient funds in any fiscal year for Rent Payments or other payments due hereunder and if other funds are not legally appropriated for such payments , a "Non-App ropriation Event" will be deemed to have occurred. If a Non-Appropriation Event occurs, then: (I) Lessee shall give Lessor immediate notice of such Non-Appropriation Event; (ii) on the Return Date, Lessee shall return to Lessor all of the Equipment, at Lessee 's sole expense, in accordance with Section 19; and (c) the Lease shall terminate on the Return Date without penalty to Lessee, provided, that Lessee shall pay all Rent Payments and other amounts payable under the Lease for which funds shall have been appropriated, p rov ided further, that Lessee shall pay month-to-month rent at the rate set forth in the Schedule for each month that Lessee fails to so return the Equipment. "Retu rn Date" means the last day of the fiscal year for which appropriations were made for the Rent Payments due hereunder. 6. NO WARRANTY BY LESSOR. Lessor hereby assigns to Lessee any assignable manufacturer's or supplier's warranties. Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee 's sole expense. The Equipment is sold "AS IS". LESSEE ACKNOWLEDGES THAT LESSOR DID NOT MANUFACTURE THE EQUIPMENT. LESSOR DOES NOT REPRESENT THE MANUFACTURER, OWNER, OR DEALER, AND LESSEE SELECTED THE EQUIPMENT BASED UPON LESSEE'S OWN JUDGMENT. LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OR AS TO THE EQUIPMENT'S VALUE, DESIGN, CONDITION, USE, CAPACITY OR DURABILITY. LESSEE AGREES THAT REGARDLESS OF CAUSE, LESSOR IS NOT RESPONSIBLE FOR, AND LESSEE WILL NOT MAKE ANY CLAIM AGAINST LESSOR FOR, ANY DAMAGES, WHETHER CONSEQUENTIAL, DIRECT , SPECIAL OR INDIRECT INCURRED BY LESSEE IN CONNECTION WITH THE EQUIPMENT OR THIS LEASE- PURCHASE AGREEMENT. NEITHER THE MANUFACTURER, THE DEALER, NOR ANY SALESPERSON, EMPLOYEE OR AGENT OF THE DEALER OR MANUFACTURER, IS LESSOR'S AGENT OR HAS ANY AUTHORITY TO SPEAK FOR LESSOR OR TO BIND LESSOR IN ANY WAY. Lessee agrees that (a) all Equipment will have been purchased in accordance with Lessee's specifications from manufacturer's and suppliers selected by Lessee , (b) Lessor is not a manufacturer or dealer of any Equipment and has no liability for the delivery or installation of any Equipment, (c) Lessor assumes no obligation with respect to any manufacturer's or supplier's product warranties or guaranties, (d) no manufacturer or supplier or any representative of either is an agent of Lessor, (e) any warranty , representation, or agreement made by any manufacturer or supplier or any representative thereof shall not be binding upon Lessor, and (f) Lessor is paying the Purchase Price solely in connection with this Lease. 7. TITLE; SECURITY INTEREST . (a) Title to the Equipment is vested in Lessee, subject to Lessor's security interest therein and all of Lessor's other rights hereunder including, without limitation , Sections 5, 18, and 19. (b) As collateral security for the Secured Obligations, Lessee hereby grants to Lessor a first priority security interest in the Equipment (now existing or hereafter acquired) and any and all proceeds thereof. Lessee agrees to execute and deliver to Lessor all necessary documents to evidence and perfect such security inte rest , including, without limitation, UCC financing statements . (c) "Secured Obligations" means Lessee's obligations to pay all Rent Payments and all other amounts due and payable hereunder and to perform and observe all covenants, agreements and conditions (direct or ind irect, absolute or contingent, due or to become due, or existing or hereafter arising) of Lessee hereunder. 8. MAINTENANCE; OPERATION. At its sole expense, Lessee will: (a) repair and maintain the Equipment in good condition and working order in accordance with manufacturer's instructions ; (b) supply and install all replacement parts or other devices when required to so maintain the Equipment or when 2 required by applicable law or regulation , which parts or devices shall automat ically become part of the Equipment ; (c) use all Equipment in a careful manner in the normal course of its operations and only for the purposes for which it was des igned in accordance with the manufacturer's warranty requ irements ; and (d) comply with all laws and regulations relating to the Equ ipment. Lessor will not provide any maintenance or other service for any Equipment. Lessee will not make any alterations , additions or improvements ("Improvements ") to any Equipment without Lessor's prior written consent unless the Improvements may be readily removed without damage to the operation , value or utility of the Equipment , but any such Improvements not removed prior to this Lease 's termination shall automatically become part of the Equipment. 9. LOCATION; INSPECTION . The Equipment will not be removed from , or if the Equipment is rolling stock , its permanent base will not be changed from, the location specified in the Schedule (the "Location ") without Lessor 's prior written consent which will not be unreasonably withheld . The Equipment is , and will remain , personal property and will not be deemed to be affixed or attached to real estate or any bu ild ing . Upon reasonable notice, Lessor may enter the Locat ion or elsewhere during normal business hours to inspect the Equipment. 10. LIE NS ; SUBLEASES ; TAXES. (a) Lessee will keep all Equipment free and clear of all Liens except those Liens created hereunder. Lessee shall not sublet or lend any Equipment or permit it to be used by anyone other than Lessee or Lessee 's employees . (b) Lessee will pay when due all Taxes which may now or hereafter be imposed upon any Equipment or its ownership , leasing, rental, sale, purchase , possession or use , upon the Lease or upon any Rent Payments or any othe r payments due under the Lease. If Lessee fails to pay such Taxes when due, Lessor has the right, but not the obl igat ion , to pay such Taxes. If Lessor pays any such Taxes, Lessee will, upon demand , immediately re imburse Lessor therefor . "Taxes " means present and future taxes, levies, duties, assessments or other governmental charges that are not based on the net income of Lessor, whether they are assessed to or payable by Lessee or Lessor, including , without limitat ion (i) sales, use, exc ise , licensing , registration, titling, gross receipts , stamp and personal property taxes, and (ii) interest , penalties or fines on any of the foregoing. 11 . RISK OF LOSS. (a) Lessee bears the entire risk of loss , theft , damage or destruction of the Equipment in whole or in part from any reason whatsoever ("Casualty Loss "). No Casualty Loss to any Equipment shall relieve Lessee from the obligation to make any Rent Payments or to perform any other obligation hereunder. Proceeds of any insurance recovery will be applied to Lessee's obl igations under this Section 11 . If a Casualty Loss occurs to any Equipment, Lessee shall immediately notify Lessor , and Lessee shall, unless otherwise directed by Lessor , immediately repair the same . (b) If Lessor determ ines that any item of Equipment has suffered a Casualty Loss beyond repair ("Lost Equipment"), Lessee shall either (i) immediately replace the Lost Equipment with similar equipment in good repair , condition and working order free and clear of any Liens (except Lessor's Liens), in which event such replacement equipment shall automatically be Equipment hereunder , and deliver to Lessor true and complete cop ies of the invoice or bill of sale covering the replacement equipment; or (ii) on the earlier of 60 days after the Casualty Loss or the next scheduled Rent Payment date, pay Lessor (A) all amounts owed by Lessee hereunder, including the Rent Payments due on or accrued through such date plus (B) an amount equal to the Termination Value as of the Rent Payment date (or if the Casualty Loss payment is due between Rent Payment dates, then as of the Rent Payment date preceding the date that the Casualty Loss payment is due) set forth in the Schedule . If Lessee is making such payment with respect to less than all of the Equipment , Lessor will provide Lessee with the pro rata amount of the Rent Payment and Terminat ion Value to be paid by Lessee with respect to the Lost Equ ipment and a revised Schedule . (c) To the extent not prohibited by State law, Without waiving sovereign immunity beyond the limits set forth in Section 768 .28,F .S. and up to the limits of liability set forth in Section 768.28 , F.S ., Lessee shall bear the risk of loss for , shall pay directly, and shall defend against any and all claims , liabilities , proceed ings , actions , expenses (including reasonable attorney's fees), damages or losses aris ing under or related to any Equipment, including, but not limited to, the possession , ownership , lease , use or operation thereof. These obligations of Lessee shall survive any expiration or termination of this Lease . Lessee shall not bear the risk of loss of, nor pay for, any claims , liabilities , proceedings , actions, expenses (including attorney 's fees), damages or losses which arise directly from events occurring after any Equipment has been returned by Lessee to Lessor in accordance with the terms hereof or which arise directly from Lessor's gross negl igence or willful misconduct. 12. INSURANC E. (a) Lessee at its sole expense shall at all times keep all Equipment insured aga inst 3 all Casualty Losses in an amount not less than the Equipment's Termination Value. Proceeds of insurance covering damage or loss of any Equipment shall be payable to Lessor as loss payee. (b) The Total Sale Price as set forth on the Schedule does not include the payment of any prem ium for any liability insurance coverage for bodily injury and/or property damage caused to others and no such insurance will be purchased by Lessor. (c) Lessee at its sole expense shall at all times carry public liability and third party property damage insurance in amounts reasonably satisfactory to Lessor protecting Lessee and Lessor from liabilities for injuries to persons and damage to property of others rela t ing in any way to any Equipment. Proceeds of such public liability or property insurance shall be payable first to Lessor as additional insured to the extent of its liability and then to Lessee. All insurers will be reasonably satisfactory to Lessor. Lessee will promptly deliver to Lessor satisfactory evidence of required insurance coverage and all renewals and replacements thereof. Each insurance policy will require that the insurer give Lessor at least 30 days prior written notice of any such cancellation of such policy and will require that Lessor's interests remain insured regardless of any act, error, misrepresentation, omission or neglect of Lessee . The insurance maintained by Lessee shall be primary without any right of contribution from insurance which may be ma intained by Lessor. 13. PURCH ASE O PTI ON . Upon 60 days prior written notice by Lessee to Lessor and if no Event of Default then exists, Lessee may purchase the Equipment on any Rent Payment due date by paying to Lessor all Rent Payments then due (including accrued interest, if any) plus the Termination Value amount set forth on the Schedule for such date. Upon satisfaction by Lessee of the foregoing purchase conditions, Lessor shall release its Lien on the Equipment and Lessee shall retain its title to such Equipment "AS-IS, WHERE-IS", without representation or warranty by Lessor, express or implied , except for a representation that the Equipment is free and clear of any Liens created by Lessor. 14. REPRESEN TATIONS AND WA RRANTIES . Lessee represents and warrants that: (a) Lessee has full power, authority and legal right to execute and deliver the Lease and to perform its obligations under the Lease, and all such actions have been duly authorized by appropriate findings and actions of Lessee's governing body; (b) the Lease has been duly executed and delivered by Lessee and is a legal, valid and binding obligation of Lessee , enforceable in accordance with its terms; (c) the Lease is authorized under, and the authorization, execution and delivery of the Lease complies with, all applicable federal, state and local laws and regulations (including, but not limited to, all open meeting, public bidding and property acquisition laws) and all applicable judgments and court orders; (d) the execution , delivery and performance by Lessee of its obligations hereunder will not result in a breach or violation of, nor constitute a default under, any agreement, lease or other instrument to which Lessee is a party or by which Lessee's properties may be bound or affected ; (e) there is no pending, or to the best of Lessee 's knowledge threatened, litigation of any nature which may have a material adverse effect on Lessee's ability to perform its obligations under the Lease; and (f) Lessee is a state, or a political subdivision thereof, as referred to in Section 1 03 of the Code, and Lessee's obligation hereunder constitutes an enforceable obligation issued on behalf of a state or a political subdivision thereof. 15 TAX COVENAN TS. Lessee covenants that it: (a) shall comply with all of the requirements of Sections 149(a) and 149(e) of the Code, as they may be amended from time to time, including, but not limited to, executing and filing Internal Revenue Form 8038G or 8038GC, as the case may be, and any other information statements reasonably requested by Lessor; (b) shall not do (or cause to be done) any act which will cause, or by omission of any act allow , the Lease to be an "arbitrage bond" within the meaning of Section 148(a) of the Code or the Lease to be a "private activity bond" within the meaning of Section 141 (a) of the Code; and (c) shall not do (or cause to be done) any act which will cause, or by omission of any act allow, the interest portion of any Rent Payments to be or become includable in gross income for federal income taxation purposes under the Code. (d) If Lessor either (i) receives notice, in any form, from the IRS; or (ii) reasonably determines , based on an opinion of independent tax counsel selected by Lessor and approved by Lessee, which approval Lessee shall not unreasonably withhold , that Lessor may not exclude the interest component of any Rent Payment under a Tax-Exempt Lease from federal gross income because Lessee breached a covenant contained herein, then Lessee shall pay to Lessor, within thirty (30) days after Lessor notifies Lessee of such determination , the amount which, with respect to Rent Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the interest component of all Rent Payments under such Tax-Exempt Lease due through the date of such event) that are imposed on 4 Lessor as a result of the loss of the exclusion , will restore to Lessor the same after-tax yield on the t ra ns act ion evi denced by such Tax-Exempt Lease (assuming tax at the highest marginal corporate tax rate) that it would have realized had the exclusion not been lost. Additionally , Lessee agrees that upon the occu rrence of such an event with respect to a Tax-Exempt Lease, it shall pay additional rent to Lessor on each succeeding Rent Payment due date in such amount as will maintain such after-tax yield to Lessor. Lessor's determination of the amount necessary to maintain its after-tax yield as provided in this subsection (b) shall be conclusive (absent manifest error). Notwithstanding anything in a Tax-Exempt Lease to the contrary , any payment that Lessee is required to make pursuant to this subsect ion (b) shall be made only from Legally Available Funds. 16. ASSIGNMENT . (a) Lessee shall not assign, transfer , pledge, hypothecate , nor grant any Lien on, nor ot herwise dis pose of, this Lease or any Equipment or any interest in this Lease or Equipment. (b) Lessor may assign its rights, title and interest in and to this Lease or any Equipment, and/or may grant or assig n a securi ty interest in this Lease and its Equipment, in whole or in part, to any party at any time. Any such assign ee or lien holder (an "Assignee ") shall have all of the rights of Lessor under the applicable Lease. LESSEE WILL NOT ASSERT AGAINST ANY ASSIGNEE ANY CLAIMS , ABATEMENTS , SETOFFS , COUNTERCLAIMS , RECOUPMENT OR ANY OTHER SIM ILAR DEFENSES WHICH LESSEE MA Y HAVE AGAINST LESSOR. Unless Lessee agrees otherw ise in wri t ing, any such assignment transaction shall not release Lessor from any of Lessor's obligations under this Lease. An assignment or reassignment of any of Lessor's rights, title or interest in the Lease or its Eq ui pment will be enforceable against Lessee only after Lessee receives a written notice of assignment which discloses the name and addre ss of each such A ssignee. For purposes of Section 149 of the Code, Lessee he reby appoints Lessor (or Lessor's designee) as the book entry and registration agent to keep a comp lete record of any and all assignments of this Lease. Lessee agrees to acknowledge in writing any such assignments if so requested. (c) Subject to the foregoing , this Lease inures to the benefit of and is bin ding upon the heirs, executors , administrators , successors and assigns of the parti es hereto. 17. EVENTS OF DEFAULT . "Event of Default" means the occurrence of any one or more of the following: (a) Lessee fails to make any Rent Payment (or any other payment) as it becomes due here under, and any such failure continues for 10 days after the due date thereof; (b) Lessee fails to perform any of its obligations under Sections 1 O(a), 12, or 16(a); (c) Lessee fails to perform or observe any other condition or agreement to be performed or observed by it hereunder and such failure is not cured within 30 days after receipt of Lessor's written notice thereof; (d) any statement , representat ion or warran t y made by Lessee herein or in any writing delivered by Lessee in connection therewith proves at any time to have been false or misleading in any material respect as of the time when made; (e) Lessee applies for, or consen ts to, the appointment of a receiver , trustee, conservator or liquidator of Lessee or of all or a substa nt ial part of its assets, or a petition for relief is filed by Lessee under any federal or state bank ruptcy, insolvency or similar law, or a pet ition in a proceeding under any federal or state bankruptcy , insolvency or similar law is filed against Lessee and is not dismissed within 60 days thereafter ; or (f) Lessee shall be in default under any other lease or under any other financing agreement executed at any time with Lessor. 18 REMEDIES . (a) If any Event of Default occurs, Lessor may , at its option , do one or more of the f ollow ing: (i) require Lessee to pay all amounts then currently due hereunder and all remaining Rent Paymen ts to become due hereunder, together with interest on such amounts at the rate of 12% per annum (but not to exceed the highest rate permitted by applicable law) from the date of Lessor's demand for such payment; (ii) require Lessee to promptly return all Equipment to Lessor in the manner set forth in Section 19, (iii) enter upon the premises where any Equipment is located and repossess such Equipment without demand or notice, without any court order or other process of law and without liabi lity for any dama ge occasioned by such repossession; (iv) sell, lease or otherwise dispose of any Equipment , in whole or in part, in one or more public or private transactions, and if Lessor so disposes of any Equipmen t , Lessor will retain the entire proceeds of such disposition free of any claims of Lessee , provided , that if the net proceeds of the disposition of all the Equ ipment exceeds the appl icable Terminat ion Value plus the amounts payable by Lessee under this Section's clauses (a)(i) and (a)(vii), then such excess amount shall be remitted by Lessor to Lessee ; (v) terminate, cancel or rescind this Lease as to any and all Equipment ; (vi) exercise any other right, remedy or privilege which may be available to Lessor under applica ble law or, by appropriate court action at law or in equity , Lessor may enforce any of Lessee 's obligations under the Lease; and/or (vii) require Lessee to pay all of Lessor's out- 5 of-pocket costs and expenses incurred as a result (directly or indirectly) of the Event of Default and/or of Lessor's actions under this Section, including, without limitation , any attorney fees and expenses and any costs related to the repossession, safekeeping , storage, repair , reconditioning or disposition of any Equipment. (b) None of the above remedies is exclusive, but each is cumulative and in addition to any other available remedy . Exercise of one or more remedies will not preclude its exercise of any other remedy. No delay or failure in exercising any remedy hereunder shall operate as a waiver thereof nor as an acquiescence in any default. No single or partial exercise of any remedy precludes any other exercise thereof or the exercise of any other remedy . 19. EQUIPMENT RETURN . If Lessor is entitled to obtain possession of any Equipment under the provisions of this Lease or if Lessee is obligated at any time to return any Equipment, then (a) title to the Equipment shall vest in Lessor immediately upon Lessor's notice thereof to Lessee, and (b) Lessee shall, at its sole expense and risk, immediately de-install, disassemble , pack, crate, insure and return the Equipment to Lessor (all in accordance with applicable industry standards) at any location in the continental United States selected by Lessor. The Equipment shall be in the same condition as when Lessee received it (except reasonable wear , tear and depreciation resulting from normal and proper use); shall be in good operating order and maintenance as required hereunder ; shall be free and clear of any Liens (except Lessor's Lien); and shall comply with all applicable laws and regulations . Until the Equipment is returned as required above, this Lease shall remain in full force including, without limitation, the obligations to pay Rent Payments and to insure the Equipment. Lessee will execute and deliver to Lessor all documents reasonably requested by Lessor to evidence the transfer of the Equipment's legal and beneficial title to Lessor and to evidence the termination of Lessee 's interest in the Equipment. 20. LAW GOVE RNING . Each lease shall be governed by the laws of the state of the lessee (The "St at e"). 21 . FINANCIAL IN FORMATION; I ND EMNITY ; PO W ER OF ATT ORN EY . As soon as they are available after their completion in each fiscal year of Lessee during the Lease Term, Lessee will deliver to Lessor upon Lessor's request the publicly available annual financial information of Lessee . Without waiving sovereign immunity behond the limits set forth in Section 768.28 , F.S. and up to the limits of liability set forth in Section 768.28, F. S., Lessee shall indemnify, hold harmless and, if Lessor requests , defend Lessor and its shareholders, affiliates , employees, dealers and agents against all Claims directly or indirectly arising out of or connected with (a) the manufacture , installation, use, lease, possession or delivery of the Equipment, (b) any defects in the Equipment, any wrongful act or omission of Lessee, or its employees and agents , or (c) any claims of alleged breach by Lessee of this Lease-Purchase Agreement or any related document. "Claims " means all losses, liabilities , damages, penalties , expenses (including attorney's fees and costs), claims, actions and suits, whether in contract, tort or otherwise . Lessee hereby appoints Lessor its true and lawful attorney-in-fact (with full power of substitution) to (i) prepare any instrument, certificate of title or financing statement covering the Equipment or otherwise protecting Lessor's interest in the Equipment , to sign Lessee's name with the same force and effect as if signed by Lessee , and to file same at the proper location(s); and (ii) make claims for, receive payment of, and execute and endorse all documents , checks or drafts for loss, theft, damage or destruction to the Equipment under any insurance. 22. MIS C ELLANEOUS . (a) All section headings in the Lease are for reference only and do not define or limit the scope of any provision hereof. (b) This Lease may be executed in several counterparts , each of which shall be deemed an original, but all of which shall be deemed one instrument. Only one counterpart of this Lease will be marked "Lessor's Original". All other counterparts will be deemed dup licates . An assignment of, or security interest in, this Lease may be created through transfer and possession only of the counterpart marked "Lessor's Original". (c) This Lease constitutes the entire agreement between the parties with respect to the lease of the Equipment. This Lease shall not be modified or amended except with the written consent of Lessee and Lessor. Any provision of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease. (d) All notices to be given hereunder shall be in writing and either personally delivered or mailed by certified mail or sent by an overnight courier delivery company to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notices shall be deemed to have been received 5 days after mailing is sent by certified mail, or on the next business day if sent by overnight courier, or on the day of delivery if delivered personally. 6 OPTIONS AT END OF LEASE TERM. At the end of the Lease Term, Lessee shall have the options set forth in the End-Of-Lease Term Options Rider that is attached to and made a part of the Lease if and only if said End -Of-Lease Term Options Rider has been executed by Lessee, Lessor and Manufacturer or Manufacturer's designee. City of Palm Beach Gardens ("Lessee ") By: _____________ _ Title: ______________ _ 10500 North Military Trail Palm Beach Gardens, FL 33410 7 Oshkosh Capital ("Lessor") By: _____________ _ Title _______________ _ 155 East Broad Street, B4 -B 230-05-7 Columbus, OH 45215 SCHEDULE A-1 TO LEASE -PURCHASE AGREEMENT This Schedule A-1 , (the "Schedule") is attached and made a part of the Lease-Purchase Agreement No. 187290000, together with all exhibits, schedules, addenda, and other attachments thereto, executed by Lessee and Lessor (the "Lease"). Unless otherwise defined herein , capitalized terms will have the same meaning ascribed to them in the Lease. To the extent that there is any conflict between the terms of the Lease and this Schedule, the terms of this Schedule shall control. 1. EQUIPMENT DESCRI PT ION . As used in the Lease, "Equipment" means all of the property described in this Schedule and all attachments , add itions, accessions , parts , repairs , improvements , replacements and substitutions thereto . 2 . ESSENTIAL USE; CURRENT INTENT OF LESSEE . Lessee represents that the use of the Equipment is essential to Lessee 's proper, efficient and econom ic functioning or to the services that Lessee provides to its citizens and the Equipment will be used by Lessee only for the purpose of performing its governmental or proprietary funct ions consistent with the permissible scope of its authority . Lessee currently intends for the full Lease Term : to use the Equipment; to continue this Lease; and (if applicable) to make Rent Payments if funds are appropriated in each fiscal year by its governing body. 3. BANK QUALIFIED. LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE-PURCHASE AGREEME NT AS A Q UALIFIED TAX-EXEMPT OBLIGATION IN ACCORDANCE WITH SECTIO N 265(b)(3) OF THE COD E , THAT IT HAS NOT DESIGNATED MORE THAN $10,000 ,000 OF ITS OBLIGATIONS AS Q UALIFIED TAX-EXEMPT OBLIGATIONS IN ACCORDANCE WITH SUCH SECTION FOR THE CURRENT CALE N DAR YEAR AND THAT IT REASO NABLY A NTICIPATES THAT THE TOTAL AMOUNT OF TAX- EX E M PT OBLIGATIONS TO BE ISSUED BY LESSEE DURI NG THE CURRENT CALE N DAR YEAR WILL NOT EXCEE D $10 ,000 ,000 . 4 . EQUIPMENT LOCATION & DESCRIPTION . City of Palm Beach Gardens 5161 Northlake Blvd Palm Beach Gardens , FL 33418 Palm Beach County 2015 1 00" Pierce Velocity Platform VIN# 5 . LEAS E PAYMENT SCHEDULE. (a) (b) i. ii. iii. Accrual Date: Amount Financed : Equipment Purchase Price Purchase Price Deductions Prepay Discounts Trade In Total Amount Financed (Cash Sale Price minus Purchase Price Deductions) February 16, 2015 $1.112.231 .00 $0.00 $40,302.32 $210.000.00 $ 861.928 .68 (c) Payment Schedule: Accrual Date: February 16. 2015 Rent Payment Rent Payment Number Date 1 2 3 4 5 6 7 8 9 10 11 City of Palm Beach Gardens ("Lessee") Rent Payment Amount 90,524.93 90,524.93 90,524.93 90,524.93 90,524.93 90,524.93 90,524.93 90,524.93 90,524.93 90,524.93 155,685.42 By: ______________ _ Title: _____________ _ Interest Portion 30,345.51 28,226.81 26,033.50 23,762.99 21,412.53 18,979.32 16,460.45 13,852.90 11,153.54 8,359.15 419.34 Oshkosh Capital ("Lessor") Principal Portion Termination Value 60,179.42 825,801.74 62,298.12 761,634.67 64,491.43 695,208.50 66,761.94 626,443.70 69,112.40 555,257.93 71,545.61 481,565.95 74,064.48 405,279.54 76,672.03 326,307.35 79,371.39 244,554.82 82,165.78 159,924.06 155,266.08 1.00 By: ____________ _ Title: _____________ _ FORM OF OPINION OF COUNSEL (To Be Typed on Attorney's Letterhead St ationary) Date: Lessee : City of Palm Beach Gardens Lessor: Oshkosh Capital Re: Lease-purchase Agreement No . 187290000 dated February 16, 2015. by and between the above-named Lessee and the above-named Lessor Gentlemen : I have acted as counsel to Lessee with respect to the Lease Schedule , the Lease-Purchase Agreement and all other agreements described above or related thereto (collectively , the "Agreements") and various related matters, and in this capacity have reviewed a duplicate original or certified copy of the Agreements and such other documents as I have deemed necessary for the purposes of this opinion . Based upon the examination of such documents , it is my opinion that: 1. Lessee is a political subdivision of the State of Florida (the "State ") duly organized , existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has power under State law to enter into all of the Agreements, and to carry our its obligations thereunder and the transactions contemplated thereby. 3. The Agreements and all other documents related thereto have been duly authorized, approved, and executed by and on behalf of Lessee, and each of the Agreements is a valid and binding contract of Lessee enforceable in accordance with its terms , except to the extent limited by State and Federal law affecting creditor's remedies and by bankruptcy , reorganization or other laws of general application relating to or affecting the enforcement of creditors ' rights . 4 . The authorization, approval and execution of the Agreements and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all applicable Local, State and Federal laws (including open meeting laws and public bidding and property acquisition laws). 5. To the best of my knowledge, there is no litigation or proceeding pending before any court , administrative agency or governmental body , that challenges : the organization or existence of Lessee; the authority of its officers ; the proper authorization ; approval and execution of any of the Agreements or any documents relating thereto ; the appropriation of monies to make payments under the Agreements for the current fiscal year; or the ability of Lessee otherwise to perform its obligat ions under the Agreements and the transactions contemplated thereby . 6. Lessee is a political subdivision of the State as referred to in Section 1 03 of the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder. Lessor , its Assignee and any of their assigns may rely upon this opinion . Very truly yours, Attorney INSURANCE COVERAGE DISCLOSURE Oshkosh Capital, LESSOR City of Palm Beach Gardens, LESSEE RE: INSURANC E COVERAGE REQUIREMENTS 1. In accordance with the Lease-Purchase Agreement, Lessee certifies that it has instructed the insurance agent named below (please fill in name, address, and telephone number): to issue: a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming Oshkosh Capital and/or its assigns as Loss Payee. Coverage Required: Termination Value Specified b. Public Liability Insurance evidenced by a Certificate of Insurance naming Oshkosh Capital and/or its assigns as an Additional Insured. Minimum Coverage Required: $1,000,000.00 per person $2,000,000.00 aggregate bodily injury liability $1,000,000.00 property damage liability Proof of insurance co verage will be provided to Oshkosh Capital, 155 East Broad Street, B4- B230-05-7, Columbus, OH 43215; prior to the time that the property is delivered to Lessee. OR 2. Pursuant to the Lease-Purchase Agreement, Lessee represents and warrants, in add it ion to other matters under the Lease-Purchase Agreement, that it is lawfully self-insured for: (check to indicate cove rag e) a. All risk, physical damage in the amount specified in 1 (a) above. b. Public liability for not less than the amounts specified in 1 (b) above. Lessee has attached a signed letter describing self-insurance. LESSEE: City of Palm Beach Gardens By:---------------Title:---------------- l I INSURANC E INFORMATION Please provide the following information to your insurance company to help expedite receipt of the necessary coverage : ITEMS WHICH NEED TO BE REFLECTED ON INSURANCE CERTIFICAT E: • Oshkosh Capital must be named Lender Loss Payee and Additional Insured • 30 Days Notice of Cancellation • Not Less than $2 ,000,000 .00 limits on liab ility Certificate must reflect a short equipment description • Certificate must reflect an expiration date Certificate Holder Information : Oshkosh Capital , its successors and /or all assigns 155 East Broad Street, B4-B230-05-7 Columbus , OH 43215 Please send a FAX copy of certificate to Cheryl Kennedy at 1-800 -678 -0602 . The original should be mailed to the same at: Oshkosh Capital 155 East Broad Street , B4-B230 -05 -7 Columbus , OH 432 15 Please call Cheryl Kennedy at 1-800-820 -9041 , ext. 4, if you have any questions . E ND-OF-LEASE TE R M OPTIONS RIDER (Including "Turn In " Option) Lease-Purchase A greement Numb e r 187290000 Dated February 16. 2015 Lessee : City of Palm Be ach Gardens Balloon Rent Payment: $155 ,685.42 (Payab le at the End of the Lease Term) Re f erence is made to the above Lease-Purchase Agreem e nt together with its Schedul e A-1 and all related agreements ("Lease ") between Os hkos h Capi tal ("Lessor") and the above Lessee ("Lessee"). Unless ot he rw ise defined herein , ca pi ta lize d terms defi ned in the Lease shall have the same meaning when used herein . Lessee and Lessor agree that this Rider is attached to and made a part of the Lease . 1. THREE OPTIONS AT THE END OF THE LEASE TERM . At the end of the Lease Term, Lessee shall have the fo llo w ing three opt ions (provided, that if Lessee fails t o furnish the advance written notice as requ i red in paragraphs 3 o r 4 below, then Lessee shall automatically be obligated t o pay in full the amounts s et forth in paragraph 2 below): (i) Lessee may pay the Balloon Rent Payment and all other amo un ts set forth in para graph 2 below; or (ii) subject to the requiremen ts of paragraph 3 below, Lessee may turn in the Equipment to Pierce Manufact uring Inc . ("Pierce") and Lessee shall agree to acqu ire a new fire truck s upplied by Pierce or Pierce 's de signat ed dealer; or (iii ) subject to the re qui rem ents of paragra ph 4 below, Lessee may re -finance the Balloon Rent Payment. 2. BALLOON RENT PAYMENT . Unless Lessee has made an effective and timely elect ion under para g rap hs 3 or 4 below , at the end of the Lease Term, Lessee shall pay Lessor the Balloon Rent Payment toge th e r w ith all other unpaid Rent Payments and all other am o un ts then due and payab le by Lessee under the Lease and thereafter the Lease shall terminate in accordance with Section 13 of the Lease. "Balloon Rent Payment" means the amount set forth above as the Balloon Rent Paym ent. Lessee expres sly agrees that if it fails to furnish the advance written notice as required in paragraph s 3 or 4 below, then Lessee shall a utomat ically be obligated to pay to Lessor in full the amoun ts set forth in this paragra ph 2 . 3. "TURN-IN " OPTION WITH RETURN & MAINTENANCE REQUIREMENTS . If and only if Lessee sends written notice to Lessor and Pierce that Lessee elects to exercise Lessee's rights under this pa rag ra ph 3 at least 18 months (but no more than 24 months) before the end of the Lease Term , then Lessee agrees for the benefit of both Lessor and Pierce that: (a) Lessee shall return the Equ ipment to Pierce in accord a nce with subparagraphs 3.1 and 3.2 below; (b) Lessee shall enter into a binding contract with Pierce (or Pierce 's designated dealer) to acqu ire a Replacement Fire Truck in accordance with subparag ra ph 3.4 below; and (c) Lessee shall pay in full all amounts set forth in subparagraphs 3.1, 3.2 and 3.3 below . If and only if (i) Lessee complies in full with all of the requirements of this paragraph 3, then Lessee shall not be o bligated to pay Lessor the Balloon Rent Payment at the end of the Lease Term . Lessee acknow ledges that Pierce is the intende d third party beneficiary of the terms and conditions of this parag raph 3, and Lessee agrees that Pie rce , directly in its own name and for its own benefit , may deman d perfo rmance of and enforce any or all of Lessee 's obli gations as set forth in this parag raph 3 3.1 If Lessee has made an effective and timely e lection under the above terms of this paragraph 3, then at the end of the Lease Term, Lessee shall return the Equ ipment to Pierce at a locat io n se lected by Pierce and Lessee agrees for the benefit of both Lessor and Pierce that the Equipmen t shall comply with the following return and maintenance conditions on such date, all as determined by Pierce in its sole discretion : (1) during the Lease Term, Lessee shall have properly ma intaine d the Equ ipment , inc luding , without limitation , all oil supplies , lubrication , brake and hydraulic fluids, ref rig eration fluids, filters and pollu t ion control devices of the Equipment ; (2) all paint shall be in normal condition without excessive scratches , dents and chips, all graph ics must be professionally re moved so that the ext erior is in "trade-in" condi t ion , and any paint or body repair exceed ing $500 .00 shall be completed at Les see 's ex pense ; (3) all elect rical com ponents shall be fully operationa l and shall pass the Pierce QSD113 e lectrical test (or its reasonable equiva lent as determined by Pierce); (4 ) all pumps must pass NFPA standard 1911 third-pa rt y certification (or its reasonable equivalent as determine d by Pierce); (5) en gines shall perform according to orig inal equ ipment manufacturer (OEM) specifications without excessive fluid leaks or blow by (as specified in the owner's manual or its equivalent); (6) the transmissions shall shift properly at rated loads and speeds and the mechanical drivelines , differentials and final drives shall be in good condition without leaks or excessive vibration; (7) air conditioning units shall be fully functional and cooling to their rated capacity; (8) all environmental equipment shall be fully functional; (9) the engine and exhaust systems shall conform to all federal and state emissions standards ; (10) replacement parts installed on the Equipment shall have been supplied by approved OEM suppliers; (11) all brakes shall have at least 50% remaining useful life; (12) each tire shall have at least 50% remaining useful life, shall be of original size and rated capacity and shall not have any material damage , and any tire not satisfying said standards shall be replaced at Lessee's expense ; (13) frame and structural members must be structurally sound and without breaks or cracks ; (14) glass shall not be cracked or broken; (15) batteries must hold their rated charge for 72 hours; (16) any cost to repair damage to the chassis interior (including seat surfaces, headliners, door panels, dash and radio equipment mounting) exceeding $500 .00 shall be paid by Lessee; (17) aerials must pass NFPA standard 1914 third-party certification (or its reasonable equivalent as determined by Pierce); (18) any cost exceeding $1,000 .00 in total to repair physical damage to hose bed areas, cross lays, compartment interiors and tread plate surfaces shall be paid by Lessee; (19) all gauges and meters shall be fully operationa l; (20) Lessee shall pay all out-of-pocket costs incurred by Pierce or its agent to transport the Equipment to the location specified by Pierce and to insure the Equipment during such transportation ; and (21) Lessee shall have maintained the Equipment in compliance with Section 8 of the Lease. 3.2 At the time of Lessee's return of the Equipment to Pierce, (a) Lessee shall provide a historical record of all maintenance and repairs of the Equipment and periodic lubrication analyses done during the Lease Term in order to verify Lessee's compliance with the foregoing return and maintenance conditions, and (b) Lessee shall transfer good title to the Equipment free and clear of all Liens to Oshkosh Capital (or its designee) and deliver a Certificate of Title and such other documents as Oshkosh Capital reasonably requests in connection with such transfer of title. Within 20 days of Lessee's return of the Equipment, Pierce and/or its authorized agents will conduct a comprehensive road test, take lubrication testing samples from the engine, transmission and differential (and such lubricant tests must show no contaminants or excessive metal particles) and conduct other tests in order to determine whether the Equipment complies with the foregoing return and maintenance requirements and Lessee shall pay all costs and expenses necessary to make the Equipment comply with the foregoing return and maintenance requirements. All sums due under this paragraph 3 shall be paid to Pierce promptly upon Pierce's written demand and if said sums are not so paid by Lessee within 1 0 days from the demand date, Lessee shall pay Pierce on demand as a late charge 5% of such overdue amount , limited , however, to the maximum legal amount. 3.3 If Lessee intends to exercise its rights under this paragraph 3 and if at the time of Lessee 's return of the Equipment to Pierce at the end of the Lease Term the mileage recorded on the Equipment's odometer is greater than the Maximum Mileage noted below, then Lessee shall pay to Pierce an excess usage fee amount equal to the Excess Usage Fee stated below for each mile in excess of the Maximum Mileage stated below: Maximum Mileage at the End of the Lease Term: 150,000.00 miles per truck Excess Usage Fee: $11 .12 per mile 3.4 No later than 18 months before the end of the Lease Term , Lessee shall have entered into a binding written contract with Pierce or Pierce 's designated dealer (which contract remains in effect at all relevant times) to acquire a new fire truck (a "Replacement Fire Truck") from Pierce or Pierce's designated dealer; provided , that (a) the terms and conditions of said contract shall be reasonably satisfactory to Pierce or Pierce's designated dealer, and (b) the acquisition cost of the Replacement Fire Truck shall not be less than the Balloon Rent Payment; and the acquisition shall be financed by Oshkosh Capital. 3.5 After careful consideration of the Lessor's Cost of the Equipment, of the length of the Lease Term, of the physical, technical and performance characteristics of the Equipment, of the anticipated obsolescence of and Lessee 's intended use of the Equipment, and of all other relevant factors , Lessee represents and warrants to Lessor and Pierce that Lessee has no current fixed intention to exercise its option under this paragraph 3. 3.6 If Pierce determines that the "turn-in" conditions set forth herein have not been satisfied by Lessee, then the "turn-in" option of Lessee set forth in this paragraph 3 shall be void and Lessee shall be obligated to pay to Oshkosh Capital in full the amounts set forth in paragraph 2 above. 4. RE-FINANCE OPTION . If and only if Lessee sends written notice to Lessor that Lessee elects to exercise Lessee's rights under this paragraph 4 at least 3 months (but no more than 6 months) before the end of the Lease Term, then Lessor agrees to re-finance the Balloon Rent Payment with Lessee so long as all of the following conditions are satisfied in full: (a) Lessor in its sole discretion approves in writing the extension of credit to Lessee in connection with said re-f inancing; (b) the interest rate and term of the re -fi nancing shall be mutually acceptable to Lessor and Lessee (provided , that if for any reason Lessor and Lessee fail to agree on the interest rate and term for the re-financing, then Lessor shall have no obligation to re-finance the Balloon Rent Payment); (c) Lessee shall execute and deliver to Lessor such agreements as Lessor reasonably requires for such re-financing including, but not limited to, (i) an amendment of the Lease and its Schedule to reflect the terms of the re-financing approved by Lessor; (ii) no Event of Default under the Lease shall have occurred and be continuing; (iii) no material adverse change shall have occurred in the Internal Revenue Code of 1986, as amended, and the related regulat ions and rulings (collectively, the "Code"); (iv) all representations of Lessee in the Lease remain true, accurate and complete ; and (v) Lessor has received all of the following documents, which shall be reasonably satisfactory, in form and substance, to Lessor (A) evidence of required insurance coverage; (B) an opinion of Lessee's counsel; (C) copies of resolutions by Lessee 's governing body authorizing the re-f inancing of the Lease and incumbency certificates for the person(s) who will sign the required documents for the re-financing; (D) such documents and certificates relating to the tax-exempt interest payab le in connection with the re-financing (inc luding, without limitation, IRS Form 8038G or 8038GC) as Lessor may request ; and (E) such other docu ments and information as are reasonably requested by Lessor. City of Palm Beach Gardens (Lessee Name) By: __________________________ _ Title:--------------- Pierce Manufacturing Inc., solely for the purposes of acknowledging the Balloon Rent Payment and its status as Third -Pa rty beneficiary under certain terms of this Agreement. By: ____________________________ _ Title: Oshkosh Capital ("Lessor") By:------------------------- Title:--------------- RESO L UTION Municipality/Lessee: City of Palm Beach Gardens Principal Amount Expected To Be Financed : $861 ,928 .68 WHEREAS , the Municipality is a political subdivision of the State in which Municipality is located (the "State") and is duly organized and existing pursuant to the Constitution and laws of the State. WHEREAS , pursuant to applicable law, the governing body of the Municipality ("Governing Body") is authorized to acquire, dispose of and encumber real and personal property, including, without limitation , rights and interest in property , leases and easements necessary to the functions or operations of the Municipality. WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Lease- Purchase Agreements ("Leases") in the principal amount not exceeding the amount stated above for the purpose of acquiring the property ("Equipment") to be described in the Leases is appropriate and necessary to the functions and operations of the Municipality. WHEREAS , Oshkosh Capital ("Lessor") shall act as Lessor under said Leases . NOW, THEREFORE , Be It Ordained by the Governing Body of the Municipality: Section 1. Either one of the OR (each an "Authorized Representative") acting on behalf of the Municipality, is hereby authorized to negotiate , enter into, execute, and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the office of the Municipality. Each Authorized Representative acting on behalf of the Municipality is hereby authorized to negotiate, enter into, execute , and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate . All other related contracts and agreements necessary and incidental to the Leases are hereby authorized . Section 2 . By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Municipality to execute and deliver agreements and documents relating to the Leases on behalf of the Municipality. Section 3. The aggregate original principal amount of the Leases shall not exceed the amount stated above and shall bear interest as set forth in the Leases and the Leases shall contain such options to purchase by the Municipality as set forth therein . Section 4 . The Municipality's obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and the Municipality's obligations under the Leases shall not constitute general obligations of the Municipality or indebtedness under the Constitution or laws of the State. Section 5. As to each Lease, the Municipality reasonably anticipates to issue not more than $30,000,000 of tax-exempt obligations (other than "private activity bonds" which are not "qualified 501 (c)(3) bonds") during the fiscal year in which each such Lease is issued and hereby designates each Lease as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended. ----------------------------------------------~-------~---- Section 6. This resolution shall take effect immediately upon its adoption and approval. ADOPTED AND APPROVED on this ------' 2014. The undersigned Secretary/Clerk of the above-named Municipality hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Municipality , that the foregoing resolutions were duly adopted by said Governing Body of the Municipality at a meeting of said Governing Body and that such resolut ions have not been amended or altered and are in full force and effect on the date stated below. LESSEE: C ity of Palm Beach Gardens [SEAL] Signature of Secretary/Clerk of Municipality Print Name:---------------- Official Title : ______________ _ Date: CERTIFICATE OF INCUMBENCY Lessee : City of Palm Beach Gardens Lease Schedule No.: 187290000 Dated: February 16. 2015 I, the undersigned Secretary/Clerk identified below, do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above Lessee (the "Lessee"), a political subdivision duly organized and existing under the laws of the State where Lessee is located, that I have the title stated below, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names. [NOTE: Use same titles as Authorized Representatives stated in Resolutions.] Name Title Signature Name Title Signature IN WITNESS WHEREOF , I have duly executed this certificate and affixed the seal of such Lessee as of the date set forth below. [SEA L] Signature of Secretary/Clerk of Lessee Print Name: Official Title: _______________ _ Date: __________________ __ THREE PARTY AGREEMENT Dated as of February 16, 2015 "Lessee" means City of Palm Beach Gardens "Lease" means Lease-Purchase Agreement No. 187290000, dated February 16.2015, together with its ScheduleA-1 . Reference is made to the Lease-Purchase Agreement ("Lease") described above between Oshkosh Capital ("Lessor'') and the Lessee ident ified above which relates to Equipment described in the Schedule A-1, attached therein ("Equipment") to be supplied by Pierce Manufacturing Inc. ("Supplier"). For good and valuable consideration, receipt of which is hereby acknow ledged, Lessee , Lessor and Supplier hereby agree as follows: 1. Notwithstanding anything to the contrary in the Lease, Lessee hereby notifies Lessor that the Equipment has not yet been delivered to Lessee and the Equipment has not yet been accepted by Lessee for purposes of the Lease. Lessee agrees to execute and deliver to Lessor a Delivery and Acceptance Certificate in the form attached hereto as Exhibit A upon the circumstances set forth in said Certificate. 2. All parties hereto agree that the Purchase Price of the Equipment shall be as set forth below if said Purchase Price is paid on or before the Advance Payment Date set forth below: Purchase Price: Vendor Discounts: Advance Payment Date: $1.112.231.00 $40,302.32 February 16. 2015 3. Upon execution of the Lease and delivery of all documents relating thereto required by Lessor, Lessee agrees that it shall pay the Lessee Down Payment stated below and Lessor agrees that it shall pay the balance of the Purchase Price (the "Amount Financed") stated below. Lessee agrees that the Lease Term and Lessee's obligation to pay Rent Payments shall commence on the date set forth in the Lease notwithstanding the delivery of the Equipment at a later date. Lessee Down Payment: Trade In: Amount Financed : $0.00 $210,000.00 $861.928.68 4. (a)Supplier anticipates that it shall deliver the Equipment to Lessee by the Anticipated Delivery Date set forth below. Anticipated Delivery Date: December 16, 2015 (b) Supplier hereby agrees that it shall deliver the Equipment to Lessee no later than the Outside Delivery Date set forth below and that such Equipment shall comply with all specifications and requirements of Lessee and with the terms and conditions of any purchase order/purchase agreement relating thereto. Outside Delivery Date: February 16. 2016 5. If Supplier del ivers the Equipment to Lessee in accordance with subparagraph 4(b) hereof after the Anticipated Delivery date but on or before the Outside Delivery Date , then Supplier agrees to pay all interest that has accrued under the Lease from and including the Anticipated Delivery date through the date that Supplier delivers the Equipment to Lessee in accordance with subparagraph 4(b) hereof. 6 .If for any reason whatsoever Supplier fails to comply with its agreements set forth in subparagraph 4(b) of this Agreement by the Outside Delivery Date, then Supplier hereby agrees as follows: (a) On the first business day after the Outside Delivery Date, Supplier shall pay to Lessee the Lessee Down Payment plus interest at the Prime Rate plus one percent (1 %) per annum from the Advance Payment Date to the date of such payment; (b) On the first business day after the Outside Delivery Date, Supplier shall pay to Lessor the Amount Financed plus interest at the Prime Rate plus one percent (1%) per annum from the Advance Payment Date to the date of such payment; and (c) "Prime Rate" means the prime rate of interest as published from time to time in the Wall Street Journal. 7 . If Supplier makes the payments described in paragraph 6 above under the circumstances set forth above and if Lessee has otherwise paid and performed its obligations under the Lease as of such payment date, then Lessee and Lessor agree that the Lease shall terminate as of the date of such payments by Supplier. 8. Supplier agrees that a Performance Bond will be issued which names the Supplier as Principal , the Lessee as Obligee and the Lessor as Additional Obligee. This Performance Bond will apply solely to the terms and condit ions of the purchase order/purchase agreement, including related equipment specifications and warranties, as issued by the lessee and accepted by the Supplier. The "Contract Date" referred to in the Performance Bond shall be the date of the Three Party Agreement. Except as expressly set forth herein, the Lease Schedule and the terms and conditions of the purchase order/purchase agreement for the equipment remain unchanged and in full force and effect. 9. Except as expressly set forth herein , the Lease and terms and conditions of the purchase order/purchase agreement for the Equipment remain unchanged and in full force and effect. IN WITNESS WHEREOF , the duly authorized officers of the parties set forth below hereby execute and deliver this Agreement as of the date first written above. City of Palm Beach Gardens ("Lessee") By: __________________________ __ Title:--------------- Pierce Manufacturing Inc. ("Supplier") By: ____________________________ _ Title:--------------- Oshkosh Capital ("Lessor") By: __________________________ __ Title:--------------- Exhibit A DELIVERY & ACCEPTANCE CERTIFICATE Lease-Purchase Agreement: 187290000 Reference is made to the above Lease-Purchase Agreement ("Lease"), which has been executed and delivered by the undersigned Lessee ("Lessee") and Oshkosh Capital ("Lessor"). This Certificate amends and supplements the terms and conditions of the Lease-Purchase Agreement and is hereby made a part of the Lease. Unless otherwise defined herein, capitalized terms defined in the Lease-Purchase Agreement shall have the same meaning when used herein; provided, that "Equipment" shall mean the Equipment described in the Schedule A-1 and in any attachment or exhibit to this Certificate. Notwithstanding anything to the contrary , expressed or imp lied , in the Lease or its Schedule A-1, Lessee agrees as follows: 1. ACCEPTANCE OF EQUIPMENT. As of the Acceptance Date stated below and as between Lessee and Lessor, Lessee hereby agrees that: (a) Lessee has received and inspected all Equipment; (b) all Equipment is in good working order and complies with all purchase orders, contracts and specifications; (c) Lessee accepts all Equipment for purposes of the Lease "as-is, where-is"; and (d) Lessee waives any right to revoke such acceptance. ACCEPTANCE DATE : __________ _ 2. RENT PAYMENTS. Lessee hereby agrees that Lessee will pay the Rent Payments for the Equipment in the amounts and on the dates specified in Schedule A-1 to the Lease. City of Palm Beach Gardens ("Lessee") By: Title:--------------- Form 8038•G Information Return for Tax-Exempt Governmental Obligations (Rev. September 2011) Department of the Treasury Internal Revenue Service ~Under Internal Revenue Code section 149(e) ~ See separate instructions. OMB No. 1545-0720 Caution: If the issue price is under$100,000, use Form 8038-GC. of Palm Beach Gardens Issuer's employer identification number (EIN) 59-6045863 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) 10500 North Mi Trail 6 City, town, or post office, state, and ZIP code Palm Beach Gardens, FL 33410 8 Name of issue Lease #187291000 Room/suite 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions) 5 Report number (For IRS Use 7 Date of issue 9 CUSIP number 10b Telephone number of officer or other employee shown on 1 Oa 561-799-4197 12 13 Transportation . 14 Public safety . 15 Environment (i ncluding sewage bonds) 16 Housing 17 Utilities 18 Other. Describe .,.. ~--~----------------------------------------------~ 19 If obligations are TANs or RANs, c heck only box 19a .,.. If obligations are BANs, check only box 19b 20 If obligations are in the form of a lease or installment sale, check box Proceeds used for accrued interest 23 Issue price of entire issue (enter amount from line 21, column (b)) 24 Proceeds used for bond issuance costs (including underwriters' discount) . 25 Proceeds used for credit enhancement . .. 26 Proceeds allocated to reaso nab ly required reserve or replacement fund 27 Proceeds used to currently refund prior issues 28 Proceeds used to advance refund prior issues 29 Total (add lines 24 through 28) . 29 No n of the issue Enter the remaining weighted average maturity of the bonds to be currently refunded . .,.. 32 Enter the remaining weighted average maturity of the bonds to be advance refunded .,.. 33 Enter the last date on which the refunded bonds will be called (MM/DDIYYYY) .,.. 34 Enter the date(s) the refun ded bonds were issued .,.. (MM/DD!YYYY) years years For Paperwork Reduction Act Notice, see separate instructions. cat. No. 637735 Form 8038-G (Rev. 9-2011) Form 8038-G (Rev. 9-2011) Page 2 Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5) 35 r---r----------r----36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIG) (see instructions) 36a r---r----------r---- b Enter the final maturity date of the GIG ~--------------- c Enter the name of the GIG provider ~ 37 Pooled financi ngs: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . 37 ~~-----L-- 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ~ D and enter the following information: b Enter the date of the master pool obligation ~ ------------------------------------------ c Enter the EIN of the issuer of the master pool obligation ~ -------------------- d Enter the name of the issuer of the master pool o bligation ~ -:=-:-:::-c-:-::--:---------,---,---,----- 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(lll) (small issuer exception), check box ~ 0 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . ~ D 41a If the issuer has identified a hedge, check here ~ D and enter the following information: b Name of hedge provider ~ c Type of hedge ~ ------------------ d Term of hedge ~ ------------------- 42 If the issuer has superintegrated the hedge, check box . ~ D 43 If the issuer has estab lished written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box . ~ D 44 If the issuer has estab lished written procedures to monitor the requirements of section 148, check box . ~ D 45a If some portion of the proceeds was used to reimburse expenditures, check here ~ D and enter the amount of reimbursement . . ~ b Enter the date the official intent was adopted ~ Signature and Consent Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to process this return, to the person that I have authorized above. ~ Signature of issuer's authorized representative _P_a_i_d------+P=-r,-in""'t!T:=.y-p_e_p-re-p-arer's name Date Preparer's signature PTIN Pre parer Use Only Firm's name .,.. ----------------------------------------------------+'-::..:.:..:...::....:::.::..;_.:.._ ________________ __ ----------L~Fi~rm~·~s ~ad~d~re~s~s ~.,.-----------------------------------------------------L~~~~----~~~~------ Form 8038-G (Rev. 9-2011) .....__ _________________________________ --.--·---- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5, 2015 Resolution 6, 2015 Subject/Agenda Item : Consideration for Approval : Approving the Pa rce l 31.04 I C ima rron Cove Pla nned Community Development (PCD) Plat. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Engineering Departme nt /(G~ TE Todd Engle , P.E. Originating Dept.: Planning & Zon i ng : Project Manager T a m ashbeen Rahm an , AICP Senior Planner ] Quasi -Ju dicial ] Leg islative ] Public Hearing Advertised: [ ] Requ ired [X] Not Required Date: N/A Pa per: N/A Finance: ~ \\ Tresha Thomas Fees Paid: Yes Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: N/A Contract/Agreement: Effective Date: Approved By: City Man a ger ~=-~~~~--~ ~N~/A~--------Affected parties: [ N ified Expiration Date: [X] Not Requ ired N/A Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: __ Attachments: • Development Appl ication • Resolution 6, 2015 -Exhibit "A ": Plat SUBJECT REQUEST Meeting Date: February 5, 2015 Resolution 6 , 2015 Page 2 of2 A request by South Gardens, LLC and Hawkeye Central, LLC to receive approval of the plat for Parcel 31 .04 I Cimarron Cove Planned Community Development (PCD). The proposed plat is consistent with the approved site plan for the project. Staff is recommending approval. BACKGROUND On September 3, 2014, the City Council approved Resolution 53, 2014, approving a Planned Community Development (PCD) Amendment , modifying the upland preserves in Parcel 31 .04, and Resolution 54, 2014, approving a site plan for a 341-multi-family dwelling unit development in the residential portion of Parcel 31 .04. TECHNICAL COMPLIANCE APPROVAL On November 24, 2014, the City issued Technical Compliance Approval (TCA) for the plat of the project pursuant to City Code Section 78-446(d)(2)(d). STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 6 , 2015 as presented . ., CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Militaty Trai1 Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: !Planned Community Development (PCD) J IPlanned Unit Development (PUD) J Amendment to PCD, PUD or Site Plan I Conditional Use !Amendment to the Comprehensive Plan j,Administrative Approval j iAdministrative Appeal I Annexation !Rezoning I !Site Plan Review I !ConcuiTency Certificate I !Time Extension I ! Miscellaneous Jv" Other ~lat Date Submitted: Project Name: Cimarron Cove Re-Piat No .2 uth Gardens Apartments) PLA-/-lt.f-()5 .. OtJ00~7 ~09. () .33 Owner/ South Gardens, LLC ; iawkeye Central, LLC ; Cimarron Cove Master Association, Inc. Applicant (If not Owner): South Gardens, LLC ------------~----------------------------------------------------------------------- Applicant's Address:601 Bayshore Blvd, Ste 650 . Tampa TelephoneNo.813-251-1221 Agent: Perimeter Surveying and Mapping, Inc. Contact Person: JeffS. Hodapp, PSM E-Ma II: jeff@perimetersurveyjng .com Agent's Mailing Address:949A Clint Moore Road, Boca Raton, FL 33487 Agent's Telephone Number: ..::..5.:....61'--2'-4'-1'-·9_9.:....88'---------------------------------------------------------------- FOR OFFICE USE ONLY Petition Number:-------------------- Fees Received Appl ication$ Receipt Number: __________ _ Date & Time Received : _____ _ Engineering $ _________________________________ _ 1 ·' A h 't t Marc Weiner Architects rc lee: ________________________________________________________ _ E . Schnars Engineering Corporation nglneer: ________________________________________________________ __ Planner: Cotleur & Hearing, Inc. Landscape Architect: Cotleur & Hearing , Inc. Site Information: Note: Petitioner shall submit electronic digital files of approved projects. Sec attachment for details. G I L t . SE corner intersection of 1-95 and Central Blvd enera oca ron: ---------------------------------------------------- Address: ---------------------------------------------------------- Section: __ 35_·_3_6 _________ Township: _4_1 ______ Range: 42 P rt C t IN b ( ) 52424136130000020, ... 30020010, ... 30030010, ... 300322, ... 30120030, ... rope y onro urn ers: ____________________________________________ _ 30180042, ... 30190012 .... 30190020., .. 30250010.,,,30010000,.,,30180041 •. ,.30250020, ... 30020020 + 6 ~~ . ~~m . ~~m Acreage: _____ Current Zonrng: ________ RequestedZomng: ________ _ Flood Zone_8 _________ Base Flood Elevation (BFE) -to be indicated on site plan._n_la __ Current Comprehensive Plan Land Use Designation: MXD ~---------------------------- Existing land Use: MXD Requested Land Use: MXD ------------------------------------- Proposed Use(s) i.e. hotel, single family residence, etc.: Apartments -------- Proposed Square Footage by Use: -------------------------------------- ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 341 apartments on South parcel 2 ·' '• Justification Information concerning a11 requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: We wish to replat the land to match the latest site plan 2. What will be the impact of the proposed change on the sunounding area? none 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. n/a 3 '' 4. How does th e proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? see site plan 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? see site plan 6. Has p roject received concun-ency certification? Date Received~ J Legal Description of the Subject Property (Attach additional sheets ifnccded) Or see attached deed for legal description. Location The subject property is located approximately _o __ mile(s) from theintersectionof 1-95 and _c_e_nt_ra_I_B_o_ul_e_va_rd ______ , onthel lnorthQeast,Osouth,l vlwest side of Elm Ave (street/road). ---------------------- 4 '' Statementof Ownership and Designatio not AuthorizedAgmt Before me, the undersigned authority, personally appeared J.Q..f{-Mtt.bM who, being by me first duly swom, on oath deposed and says: --------------------- 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting Plat Approval in the --------------------------------- City of Palm Beach Gardens, Florida. 3. That he/she has appointed Perimeter Surveying & Mapping, Inc. to act as authorized agent on his/her behalf to accomplish the above project. ~. PoA. --=s-ll±f-~ ~wo-t r Sig n (oo \ 0?r! s \ltore S h' J . Sw~ G60 Street Ad ~ess P. 0. Box Te lephoneNumber rTci:lococo~@ J,..;{. ((Jr'V' E-mail Address By: Name/Titl e City, State, Zip Code City, State, Zip Code 813-ZtfLI-5720 Fax Number Sworn and subscribed before me this /)~ayof !YI'""y , ~ot4 ~ llt.H!v.w L!Yldwz Notary Public My Commission expires: ----f~l? .J I 201,8 ··m·~"~ MATTHEW LOIDOfl f. ~) Notify Public • Stilt II FloriU \-:.. :rs1.l My Comm. Explrn Ftll3, 2011 • .. ,.,1: "i!f..~ .... '••f.,'f:,:.~······ Commission 11 Ff Olt453 5 .. Statementof Ownership and Designatio not AuthorizedAgmt Before me, the undersigned authority, personally appeared -:ft..(f.. M~(\ who, being by me first duly swom, on oath deposed and says: --------------------- 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting Plat Approval in the --------------------------------- City of Palm Beach Gardens, Florida . 3. That he/she has appointed Perimeter Surveying & Mapping, Inc. as authorized agent on his/her behalf to accomplish the above project. ~I &y?~ 6\va . sv,H (,S""o Street Address P. 0. Box TelephoneNumber (ide..\ ococ.of'M@'M~;(. coN\ E-mail Address Sworn and subscribed before me this My Commiss i on expires: -:ro~ fV\W\M ( OWOl T By: Name/Title City, State, Zip Code City, State, Zip Code <613 -z_s-1 -t; 7'2-0 Fax Number , ....... ,., ~~m;, ~ ··~ MATTHEW LONDON • j. • \ Notary Public • Slate of Florida ~ \~ ;M.I My Comm . Expires Feb 3, 2018 ··:f.,f!:.:.~~··· Commission II FF 089453 5 to act Statementof Ownership and Designationof AuthorizedAgmt Before me, the undersigned authority, personally appeared lZoiJ ~cen...to"f who, being by me first duly swom, on oath deposed and says: ---------------------- 1. That he/she is the fee simple title owner of the properly describ ed in the attached Legal Description. 2. That he/she is requesting Plat Approval in the ----------------------------------- City of Palm Beach Gardens, Florida. 3. That he/she has appointed Perimeter Surveying & Mapping, Inc. to act as authorized agent on his/her behalf to accomplish the above project. ~: 12o !J l~t<n..lo'1 1 M.o,.,tAc1;;e__ By: Namemtle City, State, Zip Code P. 0. Box City, State, Zip Code TelephoneNumber Fax Number E-mail Address Sworn and subscribed before me this My Commission expires: Qt.p /t1 /&l() '~ 5 Applicant's Certification 1/We affirm and certify that 1/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, 1/we understand that this application, att ments, and application filing fees become a part of the official records of the City ofPalm ach ardens, Florida, and are not returnable. Applicant is: ~~Owner I I Optionee ('Lessee n Agent n Contract Purchaser Print Name of Applicant WI fdtA.y'5hlrf filvd. su..~=f ~s-o Street Address 8/i-251 -172 I TelephoneNumber 813 -lt;/-57lo Fax Number (icJ:.fococo~@;i1lad .coM E-Mail Address 6 Applicant's Certification 1/We affinn and certify that 1/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, 1/we understand that this application, a nts, and application filing fees become a part of the official records of the City of Palm each Ga ens, Florida, and are not returnable. Applicant is: ~~Owner II Optionee 1 : Lessee n Agent n Contract Purchaser Print Name of Applicant '0 \ ~sW>N ~'" d . ~tt. fJ 5V StreetAddr s ~M ~, fl,.. 33"0(o City, State, Zip Code 813 -2.')/-122..1 TelephoneNumber Fax Number nct:.(o coc~@_ 1t11tti l . toM E-Mail Address 6 ---------------------------------------------------------------- Applicant's Certification 1/Wc affirm and certify that Vwe understand and will comply w it h the land devel op ment regulations of the City of Palm Beach Gardens, Florida. I We ftu1her certify th at the statements or diagram s made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. h n1her, Tlwe understand th at Lh is applica li on , aU acllmen t , an d a ppli c a ti o n filin g fees become a part of the official records o f t he Ci t y o f P al m Be, ·deJ , ~l o r ida , a nd a rc n ot re tu rn a bl e . Applicant is: P' Owner I Optionee I L essee 11 Agent f' Contract Purchaser "?Ztz-C C oMMrec~ fl.-Ad Street Address I City, Sta t e, Zip Code Tel ephoneNumber Fax Number E-Mail Address 6 Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit# __________________________________ _ Financial Responsibility Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of Invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permlt(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a rm, signed and notarized by the responsible party, and delivered to the City Planning epartment If the name and/or address of the responsible party changes at anytime plication review pr cess. Date Owner printed name Property Control Number DESIGNEE/BILL TO: Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF 'f!on'dO\ COUNTY OF Rt I vV\ @etJ C.-kl I hereby certify that the foregoing instrument was acknowledged before me this ~a of MN , 20J.i, by -::r?f€: Mltl..\1\.a.c . He or she i to me or Msproduced as identification. ~----~ ~~ ~~~~~~~~~~~~ ~ . ......... ' pL/biiCsignature $~m!-~· ·~~~~ MATTHEW LONDON • i. , i Notary Public • State ol Florida ' JY1r u..J ~ ..•• 1 Lot-, d 0 ./1 • \~ :74.1 My Comm . Expires Feb 3. 2018 _ ___:.___;QVrf;__:....£ ~-=--------=-...!...,;:......:::....:"l.....l..._______________ • ···:.'f..?:,:,{~·l Commission II FF 089453 ~ Printed name State of __ r_L-__ at-large My Commission expires: :{ !3/r~ Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit# __________________________________ _ Financial Responsibility Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Planning an on in Department If the name and/or address of the responsible party changes at anytime d ring the pplicatlon review pr Date Owner printed name Property Control Number DESIGNEE/BILL TO: Designee Acceptance Signature STATE OF NOTARY ACKNOWLEDGEMENT har,·do... I hereby certify that the foregoing instrument was acknowledged before me this I s .ea:!!:a~":=:::::::::~ M o..y , 20.1!/., by 0~ ~~QV\ . He or she is to me 6r has produced as identification . ~signaturo • IIATlltEW-!. . Nollrr PIIMc • Stilt o1 Florida ~ U, Comm. E.,.,. M S, 2011 '"t COtMIIIIIolt t1 Ff O..N Printed name State of _......:....~....:Z-:.__ __ at-large My Commission expires: Ql/g /18 .. ..)., .... ~ -~·~:. \-;";' ' \ ~.: .. =-!.', ' Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 581-799-4230 Permit# _________________ _ Financial Responsibility Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for profess ional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payme nt is not received, the City may utilize the security deposit for re-imbursement purposes . All activities related to the pending permlt(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed f2.tm d and notarized by the responsible party, and delivered to the City Planning and Z -ent If the name and/or address of the responsible party changes at anytime g the a revl Property Control Number DESIGNEE/BILL TO: .... J~tf= MEa-\~1 1 M A .Jt.~?Jeec f;l?l ~.At.t?\\~ ~\10 .• ~~ ~ Designee Acceptance Signature ~ AA&S'k I 'f1...-1o-::> ~ b NOTARY ACKNOWLEDGEMENT STATE OF Do.(; d. A- COUNTY OF ~L.M. &q4 I hereby certify that the foregoing instr ment was ~cknowledged before me this/~ay of tU4 , 2o1j_, by DIJIJ :e. ltnw . He or she is~soflaii"y know.D) to me 1' s produced as identification. ~lAM w. {)JJ.L,._; Notary public signature 3; 9."' uJ. ()._) ., dt.J(. Printed name State of ______ at-large My Commission expires: ~}17 L~ol(, -··~-;r..<"~.. OW£ W. WilDER f!/Js.'Y;.,_ MY COMMISSION# EE 170784 ~:.J§,.~ EXPIRES: June 17,2016 . ~lf..iif.~lf,.-' Bonded Tlru Notary Public llndeiWiilefS 1 RESOLUTION 6, 2015 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE PLAT FOR 6 PARCEL 31.04 I CIMARRON COVE PLANNED COMMUNITY 7 DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND 8 FOR OTHER PURPOSES. 9 10 11 WHEREAS, the City staff has reviewed the plat for Parcel 31.04/ Cimarron Cove 12 Planned Community Development (PCD); and 13 14 WHEREAS, City staff has determined that the proposed plat meets all the 15 technical requirements of the City's Land Development Regulations (LDRs) and 16 Chapter 177 , Florida Statutes, and recommends approval of the plat; and 17 18 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; 19 and 20 21 WHEREAS, the City Council deems approval of this Resolution to be in the best 22 interest of the health , safety , and welfare of the residents and citizens of the City of 23 Palm Beach Gardens and the public at large. 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF PALM BEACH GARDENS, FLORIDA that: 28 29 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 30 31 SECTION 2. The Mayor and City Clerk are hereby directed and authorized to 32 execute the Mylar of Parcel 31.04 I Cimarron Cove PCD consisting of five (5) sheets, 33 prepared by Perimeter Surveying and Mapping, Inc., attached hereto as Exhibit "A". 34 35 SECTION 3. This Resolution shall become effective immediately upon adoption . 36 37 38 (The remainder of this page intenti onally left blank) 39 40 41 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 6, 2015 PASSED AND ADOPTED this __ day of--------' 2015. CITY OF PALM BEACH GARDENS, FLORIDA BY : ----------------------Robert G. Premuroso, Mayor ATTEST: BY : ·------------------Patricia Snider, CMC , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ·--------------------R. Max Lohman , City Attorney VOTE: AYE NAY ABSENT MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY G:\attorney_share\RESOLUTIONS\2015\Resolution 6 2015-Piat-Cimarron Cove PCD .doc Page 2 of 2 Resolution 6, 2015 EXHIBIT "A" 13212 ttl ME)" ~1:::~ SURVEYING & M APPING Certificate of Autho~zation No. LB7264 Prepared by: JeffS. Hodapp, P.S.M . 947 Cim Moore Road Boca Raton . Flonda 334B7 Tel: (S61) 241-9988 Fax: (561) 241-5182 DESCRIPTION, DEDICATIONS AND RESERVATIONS KNOW ALL !.EN BY THESE PRESENTS THAT SOUTH GARDENS, LLC, A DELAWARE LIMITED LIABILITY COt.f'ANY, HAWKEYE CENTRAL , LLC, A FLORIDA LIMITED LIABILITY COt.f'AN Y, AND THE CIMARRON COVE MASTER ASSOCIATION , INC., A FLORIDA CORPORATION , NOT FOR PROFIT, OWNERS OF THE LANDS SHOWN HEREON, BEING A POR T ION OF "CIMARRON COVE RE-PLAT NO. I·, ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 116 AT PAGES 128 THROUGH 132 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA , AND A PORTION OF "CIMARRON COVE", ACCORDI NG TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK Ill AT PAGES 102 THROUGH 106 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY , FLORIDA , ALL SHO WN HEREON AS "CIMARRON COVE RE-PLAT NO. 2", AND BEING MORE PARTICULARLY DESCRI BED AS FOLLOWS• ALL OF "CIMARRON COVE RE-PLAT NO. 1", ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 116 AT PAGES 128 THROUGH 132 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA , LESS AND EXCEPT TRACT Y-2 THEREOF. TOGETHER WITH ALL TH AT PORT! ON OF TRACT Z OF ·cIMARRON COVE •, ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK I I I AT PAGES I 02 THROUGH I 06 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY , FLORIDA, FALLING SOUTHERLY OF A LINE BEARING NORTH 85•t7'13" WEST AND BEGINNING AT THE SOUTHWEST CORNER OF PACIFICO COURT lA PORTION OF TRACT R-31, OF "PALOMA P.U.D. ", ACCORDING TO THE PL AT THEREOF , AS RECORDED IN PLAT BOOK 108 AT PAGES 14 4 THROUGH 159 OF SAID PUBLIC RECORDS. SAID LANDS SITUATE IN THE CITY OF PALM BEACH GARDENS, FLORIDA, AND CONTAIN 48 .797 ACRES , MORE OR LESS. HAVE CAUSED THE SAI.E TO BE SURVEYED AND PLATTED AS SHOWN HEREON, AND DO HEREBY DED I CATE AND RESERVE AS FOLLOWS • 1. TRACTS L-1, L -2 AND L-3 , THE WATER MANAGEMENT TRACTS , AS SHOWN HEREON , ARE HEREBY DEDICATED IN FEE Slt.f'LE TO THE CIMARRON COVE MASTER ASSOCIATION, I NC •• A FLORIDA CORPORATION , NOT FOR PROFIT , ITS SUCCESSORS AND ASSIGNS , FOR WATER MANAGEMENT PURPOSES AND SHALL BE THE PERPETUAL MAINTENANCE RESPONSIBILITY OF SAID ASSOCIATION, ITS SUCCESSORS AND ASSIGNS , WITHOUT RECOURSE TO THE NORTHERN PALM BEACH COUNTY l t.f'ROVEMENT DISTRICT AND WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 2. TRACTS M-1, M-2 , M-3 AND M-4, THE WATER MANAGEMENT MAINTENANCE TRACTS, AS SHOWN HEREON, ARE HEREBY DEDICATED IN FEE Slt.f'LE TO THE CIMARRON COVE MASTER ASSOCIATION , INC., A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS, FOR WATER MANAGEMENT MA INTENANCE PURPOSES AND SHALL BE THE PERPETUAL MAINTENANCE RESPONSI- BILITY OF SAID ASSOCIATION, ITS SUCCESSORS AND ASSIGNS , WITHOUT RECOURSE TO THE NORTHERN PALM BEACH COUNTY lt.f'ROVEMENT DISTRICT AND WITHOUT RECOURSE TO THE Cl TY OF PALM BEACH GARDENS. 3. TRACTS C·l, C-2, C-3, C-4 AND C-5 , THE CONSERVATION TRACTS, AS SHOWN HEREON, ARE HEREBY DEDICATED TO THE CIMARRON COVE MASTER ASSOCIATION , INC ., A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS FOR COMMON AREAS CONSERVATION PURPOSES AND ARE THE PERPETUAL RESPONSIBILITY OF SAID ASSOCIATION , ITS SUCCESSORS AND ASSIGNS WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. THESE CONSERVATION AREAS MA Y IN NO WAY BE ALTERED FROM THEIR NATURAL STATE , EXCEPT TO CONSTRUCT NATURE TRAIL PER CITY APPROVAL . ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE BUT ARE NOT LIMITED TO CONSTRUCT I ON OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND, DUt.f'ING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH, REMOVAL OR DESTRUCTION OF TREES. SHRUBS OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC NUISANCE VEGETATION REMOVAL, ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL , OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION . 4. TRACTS B-1 , B -2 , AND B -3 , THE BUFFER TRACTS , AS SHOWN HEREON, ARE HEREBY OED I CATED TO THE CIMARRON COVE MASTER AS SOC I A- TION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT , ITS SUCCESSORS AND/OR ASSIGNS FOR BUFFER, DRAINAGE, WATER , SEWER , AND UTILITY PURPOSES AND ARE THE PERPETUAL MA INTENANCE OBLIGATION OF SAID ASSOCIAT I ON, ITS SUCCESSORS AND/OR ASSIGNS , WITHOUT RECOURSE TO THE NORTHERN PALM BEACH COUNTY lt.f'ROVEMENT DISTRICT AND WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. AREAS ENCUt.eERED BY SEACOAST UTILITY EASEMENTS, WATER LINE EASEMENTS AND SEWER L1 NE EASEI.ENTS ARE FOR THE EXCLUSIVE USE OF THE SEACOAST UTILITY AUTHORITY AND NOT FOR USE BY OTHER UTILITY PROVIDERS WITHOUT WRITTEN CONSENT FROM THE SEACOAST UTI L1 TY AUTH ORITY . 5. TRACTS S-1 , S-2, S -3 AND S-4, THE OPEN SPACE TRACTS , ARE HEREBY DEDICATED TO THE CIMARRON COVE MASTER ASSOCIATION. INC., A F LORIDA CORPORATION , NOT FOR PROFIT , ITS SUCCESSORS AND/OR ASSIGNS , FOR OPEN SPACE PURPOSES AND ARE THE PERPETUAL MAINTENANCE OBLIGATI ON OF SAID AS SOC IATION, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE NORTHERN PALM BEACH COUNTY l t.f'ROVEMENT DISTRICT AND WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. TRACTS S-1 AND S-3 ARE SUBJECT TO A FLORIDA POWER AND LIGHT CO. EASEMENT RECORDED IN O.R.B. 4648 AT PAGE 245, P.B.C .R. I 6 . TRACT A· I, AS SHOWN HEREON, IS HEREBY RESERVED BY SOUTH GARDENS, LLC, A DELAWARE LIMITED LIAS! Ll TY COt.f'ANY, ITS SUCCESSORS AND /OR ASSIGNS FOR DEVELOPMENT PURPOSES, AND IS THE PERPETUAL MAINTENANCE OBLIGATION OF SAID SOUTH GARDENS, LLC, A DELAWARE LIMITED LIABILITY COt.f'ANY , ITS SUCCESSORS AND ASSIGNS , WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 7 . TRACT A-3, AS SHOWN HEREON, IS HEREBY RESERVED BY HAWKEYE CENTRAL, LLC , A FLORIDA LIMITED LIABILITY COt.f'ANY , ITS SUCCESSORS AND /OR ASSIGNS FOR DEVELOPMENT PURPOSES , AND IS THE PERPETUAL MAINTENANCE OBLIGATION OF SAID HAWK EYE CENTRAL, LLC, A FLORIDA LIMITED LIABILITY COt.f'ANY, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. B. TRACT Y-1, AS SHOWN HEREON, IS HEREBY RESERVED FOR STATE ROAD RIGHT-OF-WAY PURPOSES, AND IS THE MAINTENANCE OBLIGATION OF THE CIMARRON COVE MASTER ASSOCIATION , INC, A FLORIDA CORPORATION , NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE C ITT OF PALM BEACH GARDENS. 9. TRACT A-2, AS SHOWN HEREON, IS HEREBY DEDICATED TO THE CIMARRON COVE MASTER ASSOCIATION, INC, A FLORIDA CORPORATION , NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS , FOR ROADWAY , DRA I NAGE, AND OPEN SPACE PURPOSES, AND IS THE PERPETUAL MAINTENANCE OBLIGATION Of SAID CIMARRON COVE MASTER ASSOCIATION, INC. A FLORIDA CORPORATION , NOT FOR PROFIT, ITS SUCCESSORS AND ASS IGNS, WITHOUT RECOURS E TO THE CITY OF PALM BEACH GARDENS. I Q. TRACTS R-1. R-2, R -3, AND R-4, AS SHOWN HEREON, ARE HEREBY RE SER VED F OR PRIVATE ACCESS PURPOSES. AND ARE THE PERPERTUAL MAINTEN- ANCE OBLIGATION Of THE CIMARRON COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION , NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS , WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. I I • THE WATE R MANAGEMENT MAINTENANCE EASEMENTS t WMME • S l, AS SHOWN HEREON, ARE HEREBY GRANTED TO THE NORTHERN PALM BEACH COUNTY lt.f'ROVEMENT DISTRICT tNPBCIOl FOR ACCESS AND MAINTENANCE Of ADJACENT WATER MANAGEMENT FACILITIES, SAID EASEMENTS BEING THE PERP ETUAL MAINTENANCE OBLIGATION OF THE CIMARRON COVE MASTER AS SOC IATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND /OR ASS I GNS , WITHOUT RECOURSE TO SAID NPBC IO. CIMARRON COVE RE-PLAT NO . 2 A REPLAT OF A PORTION OF "CIMARRON COVE RE-PLAT NO.1" (P.B.1 16, PGS.128-132 , P.B .C.R .) AND A PORTION OF "CIMARRON COVE " (P.B. 111 , PGS.102-106, P.B.C.R.) IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH , RANGE 42 EAST , PALM BEACH GARDENS , PALM BEACH COUNTY, FLORIDA. NOVEMBER , 2014 12. THE WATER L1 NE EASEMENTS I WLE 'S I, AS SHOWN HEREON, ARE HEREBY GRANTED TO SEACOAST UTILITY AUTHORITY , ITS SUCCESSORS AND ASSIGNS FOR INSTALLATION, OPERATION AND MAINTENANCE Of WATER FACILITIES. SAID LANDS ENCUI.IBEREO BY SAID EASEMENTS BEING THE PERPETUAL MAINTENANCE OBLIGAT I ON OF THE OWNER OR OWNERS Of THE FEE Slt.f'LE INTEREST IN SAID LANDS , THEIR SUCCESSORS AND ASSIGNS , WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 13. THE SEACOAST UTILITY AUTHORITY EASEMENTS I S .U.A. U.E . '51, AS SHOWN HEREON, ARE HEREBY GRANTED TO SEACOAST UTILITY AUTHORITY, ITS SUCCESSORS AND ASSIGNS , FOR INSTALLATION, OPERATION AND MAI NTENANCE OF WATER AND SEWER F AC I LITIES, SAID LANDS ENCU I.IB EREO BY SA I 0 EASEMENTS BEING THE PERPETUAL MA INTENANCE OBLIGATION OF THE OWNER OR OWNERS OF THE FEE Slt.f'LE INTEREST IN SAID LANDS, THEIR SUCCESSORS AND ASSIGNS. WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS . 14 . THE SEACOAST UTILITY AUTHORITY INGRESS-EGRESS EASEMENTS, AS SHOWN HEREON, ARE HEREBY GRANTED TO SEACOAST UTILITY AUTHORITY, ITS SUCCESSORS AND ASSIGNS , FOR ACCESS 70 WATER FACILITIES. SAID LANDS ENCUI.IBERED BY SAID EASEMENT BEING THE PERPETUAL MAIN· TENANCE OBLI GA Tl ON OF THE OWNER OR OWNERS OF THE FEE S I t.f'LE INTEREST IN SAID LANDS , THEIR SUCCESSORS AND ASSIGNS, WI THOUT RECOURSE TO THE Cl TY OF PALM BEACH GARDENS. IS . THE UTI L1 TY EASEMEN TS, AS SHOWN HEREON AND DESIGNATED AS UE ARE HEREBY GRANTED IN PERPETUITY TO ALL GOVERNMENTAL ENTITIES AND PUBLIC AND PRIVATE UTILITIES WI TH THE RIGHT TO ENTER UPON THE PROPERTY HEREIN DESCRIBED TO INSTALL. OPERATE AND MAINTAIN THEIR RESPECTIVE UTILITY fACILITIES. INCLUDING CABLE TELEVISION SYSTEMS. THE INSTALLATION OF CABLE TELEVISION SYSTEI.IS SHALL NOT INTERFERE WITH THE INSTALLATION, OPERATION AND/OR MAINTENANCE Of OTHER PUBLIC UTILITIES . IN THE EVENT A CABLE TELEVISION COt.f'ANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLEY RESPONSIBLE FOR THE DAMAGES. SUCH CONSTRUCTION , INSTALLATION, MAINTENANCE, AND OPERATION SHALL COt.f'LY WITH THE NATIONAL ELECTRICAL SAFETY CODE AS ADOPTED BY THE fLORIDA PUBLIC SERVICE COMMISSION. 16 . THE WATER MANAGEMENT EASEMENTS IWME'S l AS S HOWN HEREON, ARE HEREBY DEDICATED TO THE NORTHERN PAL~ BEACH COUNTY IIA'ROVEMENT DISTR I CT FOR THE CONSTRUCTION, OPERATION, INSPECTION, AND MAINTENANCE OF WATER MANAGEMENT FACILITIES, THE LANDS THEREIN AND THEREUNDER BEING THE PERPETUAL MAINTENANCE OBLIGATION OF THE CIMARRON COVE MASTER ASSOCIATION, INC •• A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND /OR ASSIGNS, WITHOUT RECOURSE TO THE CITY Of PAL~ BEACH GARDENS . I 7. WATER MANAGEMENT EASEMENTS OVER ALL Of TRACTS L -I , L-2 AND L-3, AS SHOWN HEREON , ARE HEREBY DEDICATED TO NORTHERN PALM BEACH COUNTY l t.f'ROVEI.ENT DISTRICT tNPBC IOl FOR THE CONSTRUCTION, OPERATION , INSPECTION AND MAINTENANCE Of WATER MANAGEMENT F ACILITIES. THE LANDS THEREIN AND THEREUNDER BEING THE PERPETUAL MAINTENANCE RESPONSIB I LITY OF THE CIMARRON COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION , NOT FOR PROF IT, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO SAID NPBCIO AND WITHOUT RECOURSE TO THE CITY Of PALM BEACH GARDENS. SAID NORTHERN SHALL HAVE THE RIGHT , BUT NO T THE OBLIGATION, TO CONSTRUCT, OPERATE , INSPECT AND MAINTAIN WATER MANAGEMENT fACILITIES WITHIN THESE EASEMENTS. 18 . THE PEDESTRIAN ACCESS EASEMENTS , AS SHOWN HEREON , ARE HEREBY DEDICATED TO THE PUBLIC FOR PEDESTRIAN INGRESS-EGRESS PURPOSES. SAID LAND BEING THE PERPETUAL MA I NTENANCE OBLIGATION OF THE CIMARRON COVE ~ASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND/OR ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS . 19. THE Lllo41TED ACCESS EASEMENTS , AS SHOWN HEREON, ARE HEREBY DEDICATED TO THE CITY OF PAL~ BEACH GARDENS FOR THE PURPOSE OF CONTROL AND JURISDICTION OVER ACCESS RIGHTS. IN WITNESS WHEREOF, SOU TH GARDENS , LLC, A DELAWARE LIMITED LIABILITY COt.f'ANY, HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS MANAGER, THIS -----DAY Of ---------• 20 15 . SOUTH GARDENS, LLC A DELAWARE LIMITED LIABILITY COt.f'ANY BY• SOU TH GARDENS PBGFL, LLC ITS ADMINISTRATIVE MANAGER BY • --------------------JEFFREY B. MEEHAN, MANAGER WITNESS • ------------------------PRINT NAI.IE• WITNESS• ----------------------PRINT NAME• ACKNOWLEDGEMENT ~~~~~y 0~/~~E~ D~EACH l •• BEFORE I.E PERSONALLY APPEARED JEFFREY a . MEEHAN. WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODU CE D ------------------- AS IDENT I FICATION, AN D WHO EXECUTED TH E FOREGOING INSTRUMENT AS MANAGER Of SOUTH GARDENS PBGFL, LLC, A FLOR I DA LI MITED LIABILITY COt.f'ANY, AS ADM I NI STRATIVE MANAGER TO SOUTH GARDENS, LLC . A DELAWARE LIMITED LIABILITY COt.f'ANY , AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THA T HE EXECUTED SUCH I NSTRUMENT AS SUCH OFFICER OF SAID COt.f'ANY . AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED Of SAID COt.f'ANY. WITNESS MY HAND AND OFFICIAL SEAL THIS -------------DAY ~ coiiiTSsTotl"EXPTii~s;-::::~-~~~=~------------- flo'i'Aiiv-Puiim~-- STATE Of FLORIDA IN WITNESS WH EREOF , HAWKEYE CENTRAL, LLC, A FLORIDA LIMITED LIABILITY COt.f'ANY, HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS MANAGER, THIS -----DAY Of ---------• 20IS. HAWKEYE CENTRAL, LLC A FLORIDA Ll~l TED LIABILITY COt.f'ANY WITNESS• ------------------------BY • -------------------------PRINT NAME• RONNIE PERTNOY , MANAGER WITNESS • ----------------------PRINT NAME• ACKNOWLEDGEMENT ~~C~~y 0~/~~E~D~EACH l •• BEFORE ME PERSONALLY APPEARED RONNIE PERTNOY, WHO IS ~~R~g~~~~ ~ 1 ~~~rON ;o A~' vJl~ mcmgu~~~ i'OREGO!No-fNSi'RUii:NT AS MANAGER OF HAWKEYE CENTRAL, LLC , A FLORIDA LIMITED LIABILITY COt.f'ANY, AND SEVERALLY ACKNOWL EDGED TO AND BEFORE ME THAT HE EXECUTED SUCH INSTRUMENT AS SUCH OFFICER OF SA ID COt.f'ANY , AND THAT SAID INSTRUI.ENT IS THE FREE ACT AND DEED OF SAID COt.f'ANY. WITNESS MY HAND AND OFFICIAL SEAL THIS --------------DAY ~ coiii!SSTotnxPifiEs;-::::~-~~~=~-------------- NOi'Aii'rPuiiCic~-- sTATE Of FLORIDA IN WITNESS WHEREOF, THE CIMARRON COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, HAS CAUSED THESE PRESENTS TO BE SIGNED THIS -----DAY Of --------• 201S. THE CIMARRON COVE MASTER ASSOC I ATION, INC ., A FLORIDA CORPORATION, NOT FOR PROFIT ~~ T~is~~i:i;---------------------BY' -----------------;-PiiEsiiiENT WI TNESSo -----------------------BY • ------------------------PRINT NAME• ,SECRETARY ACKNOWLEDGEMENT ~~C~~y 0~/~2E~D~EACH l ss BEFORE ME PERSONALLY APPEARED --------------------AND --------------• WHO AR E PERSONALL Y KNOWN TO ME OR HAVE ~gD~mui'WfiinoREG OiNc-iNs~~U~~~T i~ 1 ~~~~ ?~EN~NO AND SECRETARY OF THE CIMARRON COVE MASTER ASSOC I ATION . INC., A FLORIDA CORPORATION, NOT FOR PROF IT, AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT THEY EXECUTED SUCH INSTRUMENT AS SUCH OffiCERS Of SAID CORPORATION. AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE CORPORATE SEAL Of SAID CORPORATION AND THAT IT IS AFF I XED TO SAID INSTRUMENT BY DUE AND RE GULAR CORPORATE AUTHORI TY , AND THAT SAID INSTRUMEN T IS THE FREE ACT AND DEED Of SAID CORPORATION. WITNESS MY HAND AND OFFICIAL SEAL THIS -----------DAY OF ----------------· 2015. MY COMMISSION EXPIRES• NOTARY'-Pii!iCTc;---------------- CITY OF PALM BEACH GARDENS APPROVAL OF PLAT ~6C~iy 0~/~~~0~mH l ss THIS PLAT IS HEREBY APPROVED FOR RECORD THIS ________ _ DAY OF --------------------• 20 15. BY I --------------------------- ROBERT G. PREI.IUROSO MAYOR ATTEST • --------------------------PATRICIA SNIDER. Ct.IC CITY CLERK THIS PLAT IS HERE BY APPROVED FOR RECORD THIS DAY OF ----------------• 20 15. BY •---------------------------TODD a. ENGLE , P.E. CITY ENGINEER ----. ----· ----··-· ---------r ----- STAT£ OF FLORIDA COUNTY OF PALM BEACH THIS PLAT WAS FILED FOR RECORD AT --------------- THI S ----DAY OF ---------, 20 1 __ , AND DU LY RECORD ED IN PLAT BOOK ____ ON PAGES -----THROUGH SHARON R. BOC K , CLERK AND COJA>TROLLER BY. _________________ Dc SHEET 1 OF 5 LOCATION MAP NOT TO SCALE CERTIFI CATE OF REVIEW BY C ITY'S S URVEYOR THIS PLAT HAS BEEN REVIEWED FOR CONFORMITY IN ACCORDANCE WITH CHAPTER 177.081111 OF THE FLORIDA STATUTES AND THE ORDINANCES OF PAL~ BEACH GARDENS. THIS REVIEW DOES NOT INCLUDE THE VERIFICATION OF THE GEOMETRIC DATA OR THE FIELD VERIFICATION Of THE MONUMENTS AT LOT CORNERS. THIS -----------DAY OF -----------• 20 15. DATE • -------------------- NOTES: PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA CERTI F ICATE NO. LS 0 I • THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH L1 NE OF THE WEST ONE-HALF OF SA ID SECTION 36·4 1-42, HAVING A BEARING OF NORTH 88°34'SO" WEST, AS ES TABLISHED BY THE PAL M BEACH COU NT Y ENGINEERING DIVISION BASED ON THE FLORI DA COORD INATE SYSTEM, EAST ZONE, GRID NORTH , 1983 STATE PLANE TRANS VE RSE MERCATOR PROJEC TION, 1990 ADJUSTMENT . PUBLISHED VALUES FOR THE SOUTHEAST CORNER AND SOUTH ONE-QUARTER CORNER Of SECTION 36-41-42 WERE USED IN DETERMI NI NG STATE PLANE COORDINATES Of P.R.M. 'S . 02. ALL LINES WHICH INTER SECT CURVED LINES ARE RADI AL UNLESS NOTED AS BEING NON -RADIAL t N.R. l 03. NOTICE• TH IS PL AT , AS REC ORDED IN ITS GRAPHIC F ORM, IS THE OffiCIAL DEP I CTION OF THE SUBD IVIDED LANDS DES CRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED I N AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS TH AT ARE NOT RECORDED ON THI S PLA T THAT MAY BE FOUND IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 04. THERE SH ALL BE NO BUI LDINGS, STRUCTURES CONSTRUCTION OF ANY KIND, TREES OR SHRUBS PL ACED ON WATER MANAGEMEN T EASEMENTS OR ANY WATER MANAGEMENT MAINTENANCE EASEMENTS. AS SHOWN HEREON, UNLESS APPROVED, IN PERlo41T FORM. BY TH E NORTHERN PALM BEACH COUNTY lt.f'ROVEMENT DISTRICT . 05. THERE SHALL BE NO BUILDINGS, STRUCTU RES, CONS TRUCTION OF ANY KIND, TREES OR SHRUBS PLACED ON WATER L1 NE EASEMENTS OR SEWER L1 NE EASEMEN TS , AS SHOWN HEREON, UNLESS APPR OVED. I N PERMIT FORM , B Y THE SEACOAST UTILITY AUTHORITY . 06. IN NO CASE SHA LL SCRE EN ENCLOSURES. DEC KS , OR WALLS ENCROACH INTO DRAINAGE EASE MENT S. 07. BUILDING SETBACK LINES SHAL L BE AS REQU IRED BY CURRENT CITY OF PALlo4 BEACH GARDENS ZONING RE GULAT I ONS. 08. TH OSE CASES WH ERE EASEMENTS Of DIFFERENT TYPES CROSS OR OTHERWISE COINCIDE. DRAINAGE EASEMENTS SHALL HAVE FIRST PRIOR ITY, UTI LITY EASEMENTS SHALL HAVE SECOND PRIORITY, AC CESS EASE MENTS SH ALL HAVE THIRD PRIORITY, AND ALL OTHER EASEMENTS SHALL BE SUBORDINATE TO THESE WITH THEIR PR IORITIES OETERlo41NEO BY USE Of RIGHTS GRANTED . 09. ALL DISTANCES SHOWN ARE GROUND DI STANCES. SCALE FACTOR USED FOR TH I S PLAT WAS I .0 000388. 10. ALL OFFICIAL RECORDS BOOK AND PAGES SHOWN ON THIS PL AT REFER TO THE PUBLIC RECORDS OF PALM BEACH COUNTY , FLORIDA. SURVEYOR'S CERTI FICATE THIS IS TO CERTIFY THAT THE P L AT SHOWN HEREON I S A TRU E AND CORRECT REPRESENTATION OF A SUR VE Y MADE UNDER MY RESPONSIBLE DI RECTION AND SUPERVISION, THAT SAID SURVEY I S ACCU RATE TO THE BEST OF MY KNOWLEDGE AND BELl EF, THAT PERMANENT REFERENCE MON UMENTS I "P.R. M. 'S • l HAVE BEEN PLACED AS REQUIRED BY LAW AND THA T MONUMEN TS ACCORD ING TO SEC . I 77.091 I 9 l, f. S., WI LL BE SET UND ER THE GUARANTEES POSTED WITH TH E CITY OF PALM BEACH GARDENS fOR THE REQUIRED l t.f'ROVE MEN TS o AND, FURTHER, THAT THE PLAT AND SURVEY DATA COt.f'LI ES WITH ALL THE REQUIREMENTS OF CHAPTER 177, PART !, PLATTING, FLORIDA STATUTES, AS AMENDE D. iii'TE ____________________ _ CITY OF :i[i'i'-s ~-Hoiii:PP:---------------- suRvEYOR AND MAPPER FLORIDA LICENSE NO. LSSII I PER IMETER SURVEYING AN D MAPPING, INC. CERTIFICATE OF AUTHORI ZATI ON NO. LB726~ 949A CLINT MOORE RO AD BOCA RATON, FL 3HB7 REV IEWING SURVEYOR PAL::M_B:cE::A.c:C.c:H_GccA_::_Rc:O_::EccNS'---,--------, SUR VE YO R 13212 ~~~ SURVEYING & MAPPING Certificate of AuthOI"zation No. LB7264 Prepared by: JeH S. Hodapp, P.S.M. 94 7 Cint Moore Road Boca Ra1on, Florida 33487 Tel: (561) 241-9988 Fax: (561) 241-5182 MASTER ASSOCIATION ACCEPTANCE ~M~iy 0~/~~~~0~mH : ss THE CII.IARRON COVE I.IASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, HEREBY ACCEPTS THE DEDICATIONS AND RESERVATIONS TO SAID ASSOCIATION AS STATED AND SHOWN HEREON, AND HEREBY ACCEPTS ITS I.IAINTENANCE OBLIGATIONS FOR SAME AS STATED HEREON, DATED THIS -----DAY OF ------------• 2015 CII.IARRON COVE I.IASTER ASSOCIATION , INC. A FLORIDA CORPORATION, NOT FOR PROFIT iifi'NESSofAs-i'i;-j3oi'ill_____ s Y, PRINT NAMEo ------------------:--PiiESfiiENT wfi'NEssofAsra·aai'fir----8 y, PRINT NAME • ------------------:--sECRETARY ACKNOWLEDGEMENT n~~iy 0~/~~~~0~EACH : SS BEFORE ME PERSONALLY APPEARED --------------------AND --------------• WHO ARE PERSONALLY KNOWN TO ME OR HAVE PRODUCED --------------------AS I DENT! F I CAT I ON, AND WHO EXECUTED THE FOREGOING INSTRUMENT AS PRESIDENT AND SECRETARY OF THE CII.IARRON COVE I.IASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, AND SEVERAL LY ACKNOWlEDGED TO AND BEFORE ME THAT THEY EXECUTED SUCH INSTRUMENT AS SUCH OFFICERS OF SAID CORPORATION , AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE CORPORATE SEAL OF SAID CORPORATION AND THAT IT IS AFFIXED TO SAID INSTRUfo4ENT BY DUE AND REGULAR CORPORATE AUTHORITY , AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID CORP DRAT I ON. WITNESS MY HAND AND OFFICIAL SEAL THIS ---------------DAY OF ----------------• 2015. MY C01oto4ISSION EXPIRES• NDTAiiv-i;iia[fco·--------------- NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT ACCEPTANCE gc~~y 0~/~~~~D~EACH : SS THIS NORTHERN PALM BEA CH COUNTY lf.f'ROVEMENT DISTRI CT HEREBY ACCEP TS THE WATER I.IANAGEMENT EASEMENTS AND THE WATER I.IANAGEMENT I.IAINTENANCE EASEMENTS , AS SHOWN HEREON 0 AND HEREBY ACKNOWlEDGES THAT SAID DISTRI CT HAS NO I.IAINTENANCE OBLIGATIONS ON OR UNDER THE LANDS OVER WHICH SAID EASEMENTS LIE , AND FURTHER ACKNOWl EDGES THAT THERE ARE NO OTHER I.IAINTENANCE OBLIGATIONS OR DEDICATIONS TO , BEING INCURRED BY SA I 0 0 I STRICT ON THIS PLAT 1 AND HEREBY ACKNOWlEDGES THAT NORTHERN 'S EXISTING DRAINAGE EASEMENTS, AS RECORDED IN OFFICIAL RECORDS BOOK 2914 AT PAGE 670 AND OFFICIAL RECORDS BOOK 2914 AT PAGE 666 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA ARE SHOWN HEREON. DATED THIS _________ DAY OF NORTHERN PALM BEACH COUNTY IMPROVEMENT DI STRICT UNI T OF DEVELOPMENT NO . 2 BY I-----------------------------ADA I AN M. SALEE PRESIDENT, BOARD OF SUPERVISORS A TTES7 • ----------------------------O'NEIL BARDIN JR. ASSISTANT SECRETARY, BOARD OF SUPERVISORS 20 15. CIMARRON COVE RE-PLAT NO. 2 A REPLAT OF A PORTION OF "CIMARRON COVE RE-PLAT N0.1" (P.B.116, PGS.128-132, P.B.C.R.) AND A PORTION OF "CIMARRON COVE" (P.B.111 , PGS.102-106, P.B.C .R.) IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. THIS PLAT I S LOCATED I N THE NORTHERN PALM BE ACH COUNTY lf.f'ROVEMEN T DISTRI CT UNIT OF DEVELOPMENT NO 02 JURI SDI CTIONAL LI MI TS NORTHERN PALM BEACH COUNTY lf.f'ROVEMENT DISTRICT LAND USE CLASSIFICATION t.IULTI ·FAMI L Y RES I DENTI AL COt.M:RC I AL DEVELOPMENT EXEMPT ACREAGE AREA TABULATIO N I F OR TH E USE OF TH E NORTHERN PA L M BEACH COUNTY I MPR OVEMENT DI STRI CTl CODE tEA EX TRACT SQUARE F OO TAGE L AND USE CLASS I FICATI ON TRACT A·l 848219 TRACT A·2 I 0 2 9 2 EX TRAC T A -3 2 949 16 TR ACT B -1 8708 EX TR ACT B -2 I 1649 EX TRACT B ·3 10999 EX TRACT C· I 282 8 26 EX TRACT C·2 8669 EX TRACT C-3 60482 EX TRACT C -4 2 9806 EX TRACT C -5 494 12 EX TRACT L·l 9 8 390 EX TRACT L -2 62556 EX TR ACT L-3 133 74 1 E X TR ACT M· I 2 4442 EX TR ACT M-2 18077 EX TRACT M-3 889 4 EX TRACT M-4 91 6 2 EX TRACT A· I 6 578 EX TRACT R -2 1843 EX TR ACT R·3 1956 EX TR ACT R-4 156 EX TRACT S-1 59893 EX TRACT S -2 69 10 EX TRACT S-3 3 25 EX TR ACT S-4 17890 E X TR ACT Y· I 58884 E X TOT AL 2 12559 1 NOVEMBER, 2014 KEY MAP NOT TO SCALE SHEET 2 OF 5 MORTGAGEE'S CONSENT ~M~iy ~/5R~~g: : ss THE UNDERSIGNED HEREBY CERTIFIES THAT I T I S THE HOLDER OF A MOR TGAGE UPON THE PROPERTY DESCRIBED HEREON AND ODES HE REBY J OIN IN AND CONSEN T TO THE DEDICATI ON OF THE LAND DESCR I BE D I N SA ID DEDI CATION BY THE OWNER THEREOF AND AGREES TH AT ITS t.«JRTGAGE WHICH IS RE CORDED IN OFFICIAL RECORDS BOOK 27209 AT PAGE 581 OF THE PUBLIC RE CORD S OF PALlo! BEACH COUNTY, FLORIDA, SHALL BE SUBORDINATED TO THE DE DICATIONS SHOWN HERE ON. IN WITNESS WHEREOF, THE SAID CORPORATION HAS CAUSE D THESE PRESENTS TO BE SIGNED BY ITS SEN I OR CORPORATE CAE BANKER , AND ITS CORPORATE SEAL TO BE AFFIXED HEREON, BY AND WITH AUTHORITY OF ITS BOARD OF DIRECTORS THIS _________ DAY OF --------------------• 20 I 5. ~~ I~s~Ai:E _________________ _ ~~I~~s~Ar£,------------------- ACKNOWLEDGEMENT STATE OF FLORI DA COUNTY OF ORAN GE SYNOVU S BANK A GEORGI A BANKING CORPORATI ON BY a ---------------------LARRY HACKER SEN I OR CORPORATE CAE BANKER BEFORE ME PERSONAL L Y APPE ARED LARR Y HACKER. WH O IS PERSONAL LY KNOWN TO ME OR HAS PRODUCE D -------------AS I DEN TI FICATION, AND WHO EXECUTED THE F OREGO I NG, AS SEN IOR CORPORATE CAE BANKER OF SYNOVUS BANK, A GEORGIA BANK I NG CORPORATION, AND SE VERALLY ACKNOWlEDGED TO AND BEFORE ME THAT HE EXECUTED SUCH INSTRUMENT AS SU CH OFFI CER OF SAID CORPORATION, AND THE SEAL AFFIXED TO TH E F OREGOING INSTRUMENT I S THE SEAL OF SA I 0 CORPORAl I ON, AND IT WAS AFF IXED TO SA 10 INSTRUMENT WI TH DUE AND REGULAR CORPORATE AUTH ORITY AND THA T SAI D INSTRUMENT IS THE FREE ACT AND DEED OF SAID CORPORATION . WITNESS MY HAND AND OFFICI AL SEAL THI S ------DAY OF -----------• 201 5 . MY COioto41SSION EXPIRES• TITLE CERTI FICA TION STATE OF F LORIDA ) COUNTY OF PALM BE ACH l fiai'Aiir-fiuacrc•------------ PRINT NAME• PRINT NUMBER• I , PRESTON O. COCKEY. JR., A DULY LICENSED ATTORN EY IN TH E STATE OF FLORIDA, DO HEREBY CERTI F Y THAT I HAVE EXA'-IINEO THE TITLE TO T HE HE REON DES CRIBED PROPERTY, THAT I FINO THE TITLE TO THE PROPERT Y IS VE STED TO SOUTH GARDENS . L LC, A DELAWARE LI MI TED LI AB I LI TY COMPANY , HA'M<EYE CEN TR AL, L LC , A FLORIDA Ll t.41TE D LIABILITY CO f.f'ANY AND TH E CI I.IARRON COVE I.IAS TER ASS OC IATION, I NC •• A FLORIDA CORPOR AT ION, NOT FOR PROF ITo TH AT THE CURREN T TA XES HAVE BE EN PAl Do THAT AL L t.«JR TG AGES NOT SATI SF l ED OR RELEASED OF RE CORD NOR OTHERWISE T ERt.41NATEO B Y L AW ARE SHOWN HEREON, AND THAT THERE ARE ENCU MBRANCES OF RECORD BUT THOSE ENCUMBRANCES DO NOT PROHIBIT THE CRE ATION OF THE SUBDIVISION DE PICTED BY TH IS PL AT. ii:i:i'£-------------------------BY I----------------------------PRESTON o. COCKEY. JR., ATTORNEY AT L AW MEMBER OF THE FLOR I DA BAR 13212 ~~M~ S URVE YING & MAP P I NG Certificate of Authorization No. LB7264 Prepared by: JeH S. Hodapp, P.S.M. 947 Clint Moore Road Boca Raton, Florida 33487 Tel: (561) 241-9988 Fax: (561) 241-5182 KEY MAP LEGEND: II. ABBREVIATIONS: CH CHB CONC. COR. 0 O.E. F.o.o.r. L L.A.E. L.B. L.E. L.s. L.S.E. lollN. O.R.B. N.P.B.C.I.O. N.R. P.A.E. P.B. P.a.c.R. PG. P.C.P . P.R.~. P.s.~. P.u.o . R R. E.E. R/W S .E. SEC. s.F. SLE U. E. WLE W.M.E- YM£ WMAE NOT TO SCALE SET P.R.M. !UNLESS OTHER· WISE NOTEDI-4" X4" CONC. ~N. WITH ALUMINUM Dl SK STAMPED P.R. M. •LB7264 CENTERLINE CHORO CHORD BEARING CONCRETE CORNER CELT A ! CENTRAL ANGLE 1 ORA I NAGE EASEMENT FL ORIDA DEPARTMENT OF TRANSPORTATION ARCLENGTH LIMITED ACCESS EASEMENT LICENSED BUSINESS LANDSCAPE EASHENT LICENSED SURVEYOR LIFT STATION EASEMENT MONUMENT OFFICIAL RECORDS BOOK NORTHERN PALM BEACH COUNTY IMPROVEMENT 0 I STRICT NON-RADIAL PEDESTRIAN ACCESS EASEMENT PLAT BOOK PALM BEACH COUNTY RECORDS PAGE PERMANENT CONTROL PO I NT PERMANENT REFERENCE ~NUMENT PROFESSIONAL SURVEYOR 8 MAPPER PLANNED UNIT DEVELOPMENT RADIUS ROOF ENCROACHMENT EASEMENT AI GHT·OF ·WAY SIDEWALK EASEMENT SECTION SQUARE FEET SEWER L1 NE EASEMENT UTILITY EASEMENT WATER L1 NE EASEMENT WATER MANAGEMENT EASEMENT WATER MANAGEMENT ~AINTENANCE EASE'-ENT WATER MANAGEMENT ACCESS EASEMENT / / / / / / / / / / / / / / / / / / / / / / / / / / / 0 ~ / / / / / / / / / / / W.~.E . TRACT l-1 N38" 08'11"E 18.60' ---------~nfHLINe __________ _ SEESHEET4 ----------------------------------------------------------------------------------------------------------------------- R·48.00' L·75,55' 0 ·90.10'31" TRACT A-3 R·38.00' L•51.39' 0·77" 29'25" I ; ; ; ; ; ~0· ! I -/ --I 100' GRAPH !C SCALE 1"= SO' ' ' ' ' ' / / _-· ' ' ' / / ' ' ' ' ' ' ' I I I I I / I \ \ \,\ SHEET 3 OF 5 ---------- "PALOMA P.U.D." <P .B. 108, PGS. 144-1591 13212 ttl ME)' ~~ S URV EYI NG & M A P PING Certificate of Autho<izalion No. LB7264 Prepared by: Jeff S. Hodapp, P.S.M. 947 Cint Moore Road Boca Ratoo, Florida 33487 Tel: (561) 241-9988 Fax: (561) 241-5182 / s""'~ ' I 0({£"1'~>1(( '-- I / ~/ / ! TRACTi S-1 / / / / / / CIMARRON COVE RE-PLAT NO. 2 A REPLAT OF A PORTION OF "CIMARRON COVE RE-PLAT N0.1" (P.B.116, PGS.128-132, P.B .C.R.) / / / / R•15.00' 0 ·60~ "J~;~~:.' R·25.00' L•26.54' 0 •60" 49'31" TRACT C-1 10' U.E. CO.R.B. 3260, PG.191 20' U.E. -CO.R.B. 2611, PG. 8081 R·12.00' L•32.73' 0 ·156"16'01" R•27 .00' L·44.17' 0 •93" 43'19" TRACT C-1 AND A PORTION OF "CIMARRON COVE" (P.B.111 , PGS.102-106, P.B.C.R.) IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST , PALM BEACH GARDENS, PALM BEACH COUNTY , FLORIDA. NOVEMBER, 2014 ---------------------------- W.M.E. TRACT L-1 N56• 45'21"W 20.00' \ S33'14'i_~~"i \ ~:q D-1V3:J9'93~:. h "' (!_ 12' S.U.A. INGRESS· EGRESS EASEMENT TRACT A-1 R•49.44' L•160.41' 0·185" 54'28" N 918537.272 E 946526.098 N86' 41'38 "E ___ ..R.A!ll~------ R·53.00' L·49.61' 0 ·53" 38'09" TRACT L-3 R·20.00' L•3 1.56' 0 ·90" 24'36" R•1592 .53' L•138.78' 0·04" 59'35" --------------------MATCHL~E ---------------- SEE SHEET 5 GRAPH !C SCALE 1 "= 50' A-3 I i i SHEET 40F 5 TRACT R-4 R·1206.00' \ L·38.23' , 0·01' 48'58" ' 20' W.M.M.E. SW CORNER ACIFICO COURT CTRACT R-3> N60' 01'08"[ r 28.28' I I I R•1186.00' L·17.76' 0•00" 51'29" R-1186 .00' L·15.68' 0·00' 45'28" N87' 10'26"W 20.43' DETAIL "B" "PALOMA P.U.O." <P.B. 108, PGS. 144-1591 LEGEND: ® II. ABBREV I A Tl ONS: CH CHB CONC. COR . D D.E. F .D.O. T. L L.A. E. L.B. L.E. L.S. L.S.E. MON. O.R.B. N.P.e.c.1.0 . N.R . P.A.E. P.B. P .e.c. R. PG . P .C.P . P.R.I.f. P.S.I.f. P.u.D. R R.E.E . RIW S.E. SEC. S.F. SLE U.E. WLE W.t.4.E. Wt.4t.4E W~AE SET P.R.Iol. !UNLESS OTHER · WI SE NOTED I ·4 " X4" CONC. MON. WITH ALUt.41NUM DISK STAMPED P.R.M. •LB7264 CENTERLINE CHORD CHORD BEARING CONCRETE CORNER DELTA I CENTRAL ANGLE I ORA I NAGE EASE~NT FLORIDA DEPARTMENT OF TRANSPORTATION ARCLENGTH L1 MITED ACCESS EASEMENT Ll CENSEO BUS I NESS LANDSCAPE EASEMEN T LICENSED SURVE YOR LIFT STATION EASEMENT MaNU~ NT OFFICIAL RECORDS BOOK NORTHERN PALM BEACH COUNTY IMPROVE!.£NT DISTRICT NON-RADIAL PEDESTRIAN ACCESS EASEMENT PLAT BOOK PALlA BEACH COUNTY RECORDS PAGE PERIAANENT CONTROL POl NT PERIAANENT REFERENCE MONUMENT PROFESSIONAL SURVEYOR 8 MAPPER PLANNED UNIT DEVELOPMENT RADIUS ROOF ENCROACHMENT EASEMENT RIGHT·OF·WAY SIDE WALK EASEMENT SECTION SQUARE FEET SEWER Ll NE EASEMENT UTI Ll TY EASEMENT WATER L1 NE EASEMENT WATER MANAGEMEN T EASEMENT WATER MANAGEMENT MAINTENANCE EASE~NT WATER MANAGOENT ACCESS EASEMENT 13212 S URVEYI N G & M APPING Certfficale of Authonzation No. LB7264 Prepared by: JeffS. Hodapp, P.S.M. 947 Clint MOO'e Road Boca Raton, Rorida 33487 Tel: (561) 241-9988 Fax: (561) 241-5182 I TRACT' S-1 -----------------------------------------------------------------------------------------------------------~------------------------------------- R·15.00' CIMARRON COVE RE-PLAT NO. 2 A REPLAT OF A PORTION OF "CIMARRON COVE RE-PLAT N0.1" (P.B.116, PGS.128-132, P.B.C.R .) AND A PORTION OF "CIMARRON COVE" (P.B.111 , PGS.102-106, P.B.C.R.) IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST , PALM BEACH GARDENS, PALM BEACH COUNTY , FLORIDA. NOVEMBER, 2014 ---------------------------- W.M.E. TRACT L-1 N56' 45'21"W 20.00' S33'14'39"W 8.32'"·, R·238.67' L·63.36', 0•15'12'38" ' Nt8• R·218.67' 02•o .. L ·58.05' R·18.00' 2J_f 't 0 ·15'12'38" L·18.96' 0 ' 0 ·60'21'53'~ L ·80.86' R·38.oo: ·• 0 60• 21 ,03, , L ·40.04 • 'Q_·SO• 21'53 11 " ', ·, ' R•1206.00' L ·38.23' TO• u 0 •01° 48'58 11 ', 5• L .t. '~-t 0•60~-J~;~~:.'\ R·80.00' L•21.23' 0·15'12'24" R•25.00' L·26.54' 0·60' 49'31" TRACT C-1 10'U.E. -<O.R.B. 3260, PG.19l 20 'U.E. <O.R.B. 2611, PG. 808) TRACT C-1 R•53.00' L·49.61' 0 ·53' 38'09" L-71.99' 0·83' 26'02" L-65.96' 0·14' 39'31" II. 12' S.U.A. INGRESS- EGRESS EASEMENT TRACT A-1 R·20.00' L·31.56' 0·90' 24'36" N 918537 .272 E 946526. 098 N86' 41' 38"E -----~--"Pl.A:l-.----- R•1592.53' L•138.78' 0·04' 59'35" TRACT L-3 --------------------MATCHL~E---------------- sEESHEET 5 0 .,.....~ 100' GRAPH !C SCALE 1"= 50' A-3 I ; LEGEND: ® II. ABBREVIATIONS: CH CHB CONC. COR. D D.E. F.D.o.r. L L.A.E. L.a. L.E. L.S. L .S.E. MON. O.R.B. N.P.B.C. I .D. N.R. P.A.E. P.B. P.B.C.R. PG. P.c.p. P.R.M. P.S .M. P.u.D. R R.E.E. RIW s.E. SEC. S.F. SLE u.E. Wl.E W.M.E. 1M£ WMAE SHEET 40F 5 TRACT R-4 R•1206.00' \ o -o1~ilos~~; " ~ N60' 01'08"E I, 28.28' I R·1186.00' I -5 :~o?~;'29" -------~~'.:.1>......._ R·1186.00' L•15.68' 0 ·00' 45'28" N87'10'26"W 20.43' R•1186.00' L•95.09' 0•04'35'37" DETA!L"B" SET P.R.M. <UNLESS OTHER- WISE NOTED l-4" X4" CONC. MON. WITH ALUMINUM DISK STAMPED P.R.M. •LB7264 CENTERLINE CHORD CHORD BEARING CONCRETE CORNER DELTA <CENTRAL ANGLE) ORA I NAGE EASEt.£NT FLORIDA DEPARTMENT OF TRANSPORTATION ARCLENGTH LIMIT ED ACCESS EASEt.£NT LICENSED BUSINESS LANDSCAPE EASEMENT LICENSED SURVEYOR LIFT STATION EASEMENT WNUt-.E:NT OFFICIAL RECORDS BOOK NORTHERN PALM BEACH COUNTY IMPROVH.£NT DISTRICT NON-RADIAL PEDESTRIAN ACCESS EASEt.£NT PLAT BOOK PALM BEACH COUNTY RECORDS PAGE PERMANENT CONTROL PO I NT PERMANENT REFERENCE MONUt.£NT PROFESSIONAL SURVEYOR 8 MAPPER PLANNED UNIT DEVELOPMENT RADIUS ROOF ENCROACHt.£NT EASEt.£NT RIGHT-OF-WAY SIDEWALK EASEt.£NT SECT! ON SQUARE FEET SEWER LINE EASEt.£NT UTILITY EASEt.£NT WATER LINE EASEt.£NT WATER MANAGEt.£NT EASEMENT WATER MANAGEt.£NT MAINTENANCE EASEt.£NT WATER MANAGEt.£NT ACCESS EASEt.£NT '' CITY OF PALM BEACH GARDENS CITY COUNCIL Agen da Cover Memorandum Meeti ng Date: February 5, 2015 Resolut i on 10, 2015 Subject/Agenda Item: Select dates for the July and August regular City Council meeting s. [X] Recommendation to APPROVE [ Recommendation to DENY Reviewed by: Finan ce Ad ministrator tv')A A ll an Owens Submitted by: r Patric ia nid er, CMC, City Clerk Approved by: O rig i nating Dept.: City Clerk Patricia nider, CMC, City Clerk Advertised: NA Date: Paper: [ x] Not Required Affected parties [ ] Notified [ ] Not required Costs: $ __ 0. __ (Total) $. ____ _ Current FY Fu nding Source: [ ] Operating [x] Other Contract/A g reement : Effective Date: nla Expiration Date: n/a B udget Acct.#: Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Resolution 10,2015 • Resolution 90, 2010 Meeting Date: February 5, 2015 Resolution 10, 2015 Page 2 of 2 BACKGROUND: Resolution 90, 2010 (attached) modified the schedule for regular C ity Council meetings to once per month on the first Thursday commencing January 2011 with the exception of the month of July. The July meeting date was established as the third Thursday of the month in order to avoid conflict with the Fourth of July holiday; however, in 2015 the holiday falls on Saturday and should not interfere with travel plans or scheduling time off. In order to allow for a long holiday weekend , it has been determined that the July meeting date should be Wednesday, July 1, 2015, and the August date should be Thursday, August 6 , 2015. Keeping the meeting dates consistent would also allow staff sufficient time to prepare agenda items, advertisements, and notices. The proposed 2015 meeting dates : Thursday, January 8 , 2015 (2nd Thursday-date modified November 6, 2014-Resolution 65,2014) Thursday, February 5 , 2015 Thursday, March 5 , 2015 Thursday, April 2, 2015 Thursday, May 7 , 2015 Thursday, June 4, 2015 Wednesday, July 1, 2015 Thursday, August 6 , 2015 September-2 dates to be determined Thursday, October 1, 2015 Thursday, November 5 , 2015 Thursday, December 3 , 2015 There will be a calendar posted on the notice board outside City Hall and on the City's website . This will give the public adequate notice of the dates for the upcoming year. STAFF RECOMMENDATION: In order to allow for staff reports, advertisements, and notices to be completed , the following dates are proposed. Wednesday, July 1, 2015 Thursday, August 6 , 2015 Staff recommends approval of Resolution 10, 2015 as presented . 1 RESOLUTION 10, 2015 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF 6 REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF 7 JULY AND AUGUST, 2015; PROVIDING AN EFFECTIVE DATE; 8 AND FOR OTHER PURPOSES. 9 10 11 WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Gardens 12 provides that the dates of the regular meetings of the City Council shall be set by 13 Resolution; and 14 15 WHEREAS, pursuant to Resolution 90 , 2010 , attached hereto as Exhibit "A", the 16 City Council modified the regular schedule of the City Council meetings such that the 17 Council meetings shall be held once per month on the first Thursday of the month at 18 7:00p.m., with the exception of the month of July during which the subject meeting will 19 be held on the third Thursday at 7:00p.m.; and 20 21 WHEREAS, the City Council has determined that it is in the best interest of the 22 citizens of the City to modify the schedule of the July meeting as well as the August 23 meeting, when necessary, to allow ample time in between meetings to prepare 24 subsequent agendas; and 25 26 WHEREAS, the City Council deems approval of this Resolution to be in the best 27 interest of the health, safety, and welfare of the residents and citizens of the City of 28 Palm Beach Gardens and the public at large. 29 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32 OF PALM BEACH GARDENS, FLORIDA that: 33 34 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 35 36 SECTION 2. The Regular Meetings of the City Council for the months of July 37 and August, 2015, shall convene at 7:00 p.m . on the following dates: July 1, 2015, and 38 August6,2015. 39 40 SECTION 3. This Resolution shall become effective immediately upon adoption. 41 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 10, 2015 PASSED AND ADOPTED this __ day of ________ , 2015. CITY OF PALM BEACH GARDENS, FLORIDA BY: ----~--=~---~~----Robert G. Pre muroso , Mayor ATTEST: BY: ---~--~~~~---Patricia Sn ider, CMC , City C lerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman , City Attorney VOTE : MAYOR PREMUROSO VICE MAYOR JAB LIN COUNC ILMEMBER RUSSO COUNC ILMEMBER TI NSLEY COUNCILMEMBER LEVY AYE NAY ABSENT G:\attorney_share\RESOLUTIO NS\2015\Resolution 10 2015-setting dates for July and August.docx Page 2 of 2 Resolution 10, 2015 EXHIBIT "A" 1 RESOLUTION 90, 2010 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF 5 REGULAR CITY COUNCIL MEETINGS; PROVIDING AN 6 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 7 8 WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Garde ns 9 provides that the dates of the regular meetings of the City Council shall be set by 10 Resolution or by a vote of the majority of the members of the Council; and 11 12 WH EREAS, pursuant to Resolution 50, 1999, the City Council's regu la rly 13 scheduled meetings have been held on the First and Third Thursdays of each month; 14 and 15 16 WHEREAS, the City Council has determined that it is in the best interests of the 17 citizens of the City to modify the schedule of regular City Council meetings such that 18 City Council meetings shall be held once per month on the first Thursday of the month 19 at 7:00P.M., with the exception of the month of July during which the subject meeting 20 will be held on the third Thursday at 7:00 P.M.; and 21 22 WHEREAS, the City Council shall, by vote, establish the two (2) required 23 Se ptember meetings to adopt the budget; and 24 25 WHEREAS, the City Council may schedule Special Meetings as necessary to 26 conduct th e business of the City; and 27 28 WHEREAS, the City Council deems ap p roval of this Resolution to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 37 SECTION 2. The Regular Meetings of the City Council of the City of Palm Beach 38 Gardens, Florida shall convene at 7:00 P.M. on the First Thursday of each month 39 commencing January 1, 2011, with the exception of the month of July during which the 40 subject meeting shall convene at 7:00P.M. on the Third Thursday of the month. The 41 dates of the two (2) required September meetings, necessary to adopt the City's annu al 42 budget, shall be established by vote of the City Council. 43 44 SECTION 3. This Resolution shall become effective immediately upon adoption. 45 Page 1 of2 Resolution 90, 2010 1 2 3 -:;c: PASSED AND ADOPTED this /1-day of_..LJJ~Iv,;...;~:.....::B:~r.4l\&..:..... __ ., 2010. 4 5 6 7 8 ;_.... - . :9 -------~.-; .,_ "iG-"'""A~-/-~ ~~/~~~ _.. -.. 1:j. ///_,.,.:~ . - 7' .M~ ~ -.t":~~--:::j 1 .~, j ~J~--~-:-'·~C( ~ ··::14 -:_~ ~~Srlldef: CMC, City Clerk 15':. -----~-16 . -~-::- 17 APPROVED AS TO FORM A 18 LEGAL FFICIENCY 19 20 CITY OF PALM BEACH GARDENS, FLORIDA BY: (O:z ~~ -~--~=o~~v~id--Le-~~.M_a_y_o_r ____ _ 21 BY:~~=-t.~~~~=:::::::~~ 22 23 24 25 26 VOTE: 27 28 MAYO R LEVY 29 30 VICE MAYOR PREMUROSO 31 32 COUNCILMEMBER RUSSO 33 34 COUNCILMEMBER JABLIN 35 36 COUNCILMEMBER TINSLEY 37 38 39 40 41 42 43 44 AYE NAY ABSENT v v 45 46 G:\attomey_share\RESOLUTIONS\2010\Resolution 90 2010 establishing council meeting dates.docx Page 2 of 2 .------------------------------------------------- RESOLunON SO. 1999 A RESOLtmON OF TilE CI1Y COUNCIL OF 11IE CITY OF PALM BEACH GARDENS. FLORIDA. PROVIDING FOR REGULAR. MEETINGS OF 1liE criY COUNCIL TO CONVENE AT 7:00P.M. ON 1liE FlltST AND THIRD THURSDAYS OF EACH MONTH, OR AS 011JERWISE SCHEDULED; AND, PROVIDING FOR. AN EFFECTIVE DATE. WHEREAS. 1bc City Couaci1 meets ill R.egtUr Scsllioo mathe First and 1bin1 Thursdays of each month; WHEREAS, the Reguler Meetings of the City Couacil ~at 7:30P.M. on the First and Third Thuradays of oach moada; mel WHEREAS, the Q:y Couaci1 clesin:s to CCJ~WeDe said Rqpal• :Me:Jiup at 7:00 P.M. NOW, TIIEREFO.RE. BE IT RESOLVED BY TilE Cl1Y COUNCIL OF 1HE CITY OF PALM BEACH GARDENS, FLORIDA: SECTJON 1. PursuaJt to Article n of the City Code. CIJiitled --city Council". specifically Section 2-sS: ihC City Couocillhall aJDWDC .u Bcgt?kr s caaiaas Clll tbc rll'lt aod Third Thursdays of each IIIOIIIb, or as odlerwise scbaluJed, at 7:00 P.M. SECTION 2 This .Resolulion sba11 be ef&ctive lldoption. INTRODUCFD, PASSED AND AOOP'IF.D 1111S~ Y OF MARCH, 1999. AlTEST: LINDA V. KOSIER, CMC, CITY CLERK Appowd as to Form aod Legal Saffic;ieocy. __u__ .~; ?:~ /:,/U,.(l~ (r" //.J~ ~ City AUorDey 'v<iTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABUN COUNCILMAN CLARK COUNCILMAN SABA TElLO -- CITY OF PALM BEACH GARDENS NOTICE OF REGULAR CITY COUNCIL MEETINGS It has been determined by the City Council of the City of Palm Beach Gardens that it is in the best interests of the citizens of the City to modify the schedule of regular City Council meetings, such that commencing on January 6, 2011. City Council meetings shall be held once per month on the first Thursday of the month at 7:00 P.M. However, during the month of July the City Council meeting will be held on the third Thursday of the month at 7:00P.M. in observance of the •4" of July'" holiday. The City Council shall, by vote, establish the two (2) required September meetings necessary to adopt the budget. SPECIAL MEETINGS MAY BE SCHEDULED AS DEEMED NECESSARY TO CONDUCT THE BUSINESS OF THE CITY. MEETING DATES Month Dax and Date JANUARY THURSDAY, JANUARY 6, 2011 FEBRUARY THURSDAY, FEBRUARY 3, 2011 MARCH THURSDAY, MARCH 3, 2011 APRIL THURSDAY, APRIL 7, 2011 MAY THURSDAY, MAY 5, 2011 JUNE THURSDAY, JUNE 2, 2011 JULY THURSDAY, JULY 21,2011 AUGUST THURSDAY, AUGUST 4, 2011 SEPTEMBER TO BE DETERMINED 1:»1 BUDGET HEARING SEPTEMBER TO BE DETERMINED~ BUDGET HEARING OCTOBER THURSDAY, OCTOBER 6, 2011 NOVEMBER THURSDAY, NOVEMBER 3, 2011 DECEMBER THURSDAY, DECEMBER 1, 2011 PATRICIA SNIDER, CMC, CITY CLERK City of Palm Beach Gardens, Florida PUBLICATION DATE: November 14, 2010 Time 7:00P.M. 7:00P.M. 7:00P.M. 7:00P.M. 7:00P.M. 7:00P.M. 7:00P.M. 7:00P.M. 7:00P.M. 7:00P.M. 7:00P.M. 7:00P.M. 7:00P.M. ,---------------------------------------------·· -·-·, TO: CITY OF PALM BEACH GARDENS MEMORANDUM Ron Ferris, City Manager DATE: ~28.2010 ~ Allan Owens, Finance Administrator j FROM: SUBJECT: Agenda Cost Analysis Back around As per your direction, we have prepared the following Agenda Cost Analysis. The purpose of this analysis is to illustrate the total cost of the entire agenda process, including preparation, review, and attendance of staff at Council meetings, and to further illustrate potential savings by reducing the number of Council meetings from two to one per month. The analysis consists of the following sections: 1. The first column shaded in blue titled "Total Agenda Costs: Preparation, Review and Attendance at Council Meetings (Total Annual Costs)" reflects the estimated total annual agenda preparation and review costs, including staff time to attend Council meetings. 2. The next two columns illustrate estim ated annual savings that could be realized by reducing the number of Counal meetings from two to one per month. The second column, titled •o;rect Cost SIIVings", illustrates estimated direct cost savings. The third column titled -operating Hour.s 8:00 am. to 5:00 p.m. Increased Productivity (In hour.sr, reflects estimated productivity th at could be gained by eliminating one Council meeting per month. Financial Analysis Per discussions at Department Head meetings, each department was instructed to identify their total staff time and operating costs incurred to prepare, review, and attend Council meetings. For purposes of this analysis, we instructed Department Heads to base their historical costs on 22 meetings per year, which has been the actual number of meetings for the past couple of years, due to only one meeting being held in both July and August. zwa ... -..... To calculate staff costs, each department listed their staff, total hours, and hourly rate {including a benefits factor) to determine their department's total personnel costs in the agenda process. The total estimated annual staff time spent on the agenda process, including preparation, review, and attendance at Council meetings is $486,141.70. In addition to staff time, the departments then listed operating costs incurred in the process. These costs included items such as general office supplies, advertising and utilities. The total estimated annual operating costs incurred in the agenda process are $12,740.64. When added to total staff time, the total estimated annual cost of preparing, reviewing, and attending Council meetings is U98,BB2..34. Each department was then instructed to estimate any direct cost savings that could be realized by switching from two to one Council meeting per month. These savings would consist primarily of eliminating overtime for hourly employees that attend Council meetings, and reducing the City Attorney costs in attending agenda review and Council meetings. For purposes of this calculation, departments were instructed to base their estimates on reducing the number of Council meetings from 22 to 13 per year {there would still be two meetings required in September in order to adopt the annual budget). The total estimated annual direct cost savings from eliminating nine meetings per year is $18,624.25. The bulk of this savings is attributed to a reduction in legal and overtime costs. In addition to direct cost savings, each department was instructed to estimate the annual tota l increase in productivity (measured in hours) gained by eliminating one Council meeting per month. These gains are a result of efficiencies that would result in the agenda preparation and review process during the normal wof't(day period from 8 a.m. to 5 p.m., and do not take into account time gained by exempt personnel by attend in g only one Council meeting per month. The total estimated productivity gained by switching to only one council meeting per month is conservatively estimated at 1,513 hours, or approximately 38 weeks. Otber Considerations In addition to the financial analysis, there are other factors to take into account when considering switching to one council meeting. Some of these items include the fo ll owing: • The length of the average Council meeting has been reduced by almost % since January 2009. For the period from 1/1512009 to 10/1f2009, the average Council meeting lasted 2 hours, 29 minutes. For the period from 1n12010 to 10n12010, the average length was reduced to 1 hour, 37 minutes. • The number of items on the agenda has deaeased substantially. For the same periods above, total numbers of items on the agendas have decreased from 220 to 181. ,.4!9 » _cw:u; *.· .... ,. • Although there would be only one meeting scheduled per month, with the exception of September, Council could call special meetings if a need arose . • With the substantial reductions in personnel over the last few years, there is less time to process other tasks. Productivity gained could be spent on other items that are being put on hold or taking longer to process, e.g., contracts, agreements and change orders that are not required to be put on agendas. There would also be more time to proof agendas. Summary In lig ht of the above analysis, it appears that switching to one Council meeting per month would be a fiscally prudent move, both from a direct cost savings and by increasing productivity of our existing staff. In light of the current budget and economic c risis, this would appear to be a way to become more efficient and maximize the productivity of our existing workforce, while saving taxpayer dollars, without lessening ievels of service provided to our residents. If you have any questions concerning this analysis, please do not hesitate to contact me. AGENDA COST ANALYSIS SUMMARY TOTAL AGENDA COSTS: Pre,....ciu. R.eriew and Attendance .t Council MMtlnp (Tobll Annlllll Costs} 1 Administration 2 City Attorney 3 City Clerk 4 Community Services (CS) 5 Fire Department 6 Information Technology 7 Police Department 8 Human Resources 9 Finance 1 o Pl11111ing and Zonina ~9.690.35 105,000.00 32,965.20 147,518.09 25,060.93 4,260.23 26,433.01 6,350.03 12,731.38 66,132.48 AlaMat MYIClltf redlleilla C011DCI Meedap to oae Meedac,.... Meadt Dirtct COlt §!!1!p so.oo 10,675.00 862.34 178.44 0.00 126.68 S,9812S 0.00 0.00 251.46 OperatiqiiHrsi:OO a.m. to 5:18 p.& ............. !ll!lty(la ... ,., 252.30 0.00 274.35 450.00 84.00 11.00 220.00 0.00 15.00 205.40 $486,141.70 $18,07$.17 (Total Work Roun Gained 1,512.05 •n. or 37..80 wa.l OPERATING COSTS: ( Tot81 Aaaaal COlt) Dtlcrlptloa OeDera1 Ofttoe Suppliea 2 Advertising 3 Utilities 4 Janitorial Services (Inc .. in CS) 5 Facilities Room Setup (inc. in CS) TotaiCosa $680.64 11,400.00 660.00 0.00 0.00 $12,740.64 $498,881.341 DiredC•I!!I!p $279.08 0.00 270.00 0.00 0.00 $549.08 S18,6l4.2SI .__------------------------------~--------------- .- ' CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, engineers help to design, construct and maintain the infrastructure and facilities that contribute to a high quality of life for all resident of Palm Beach Gardens; and WHEREAS, Palm Beach Garden's future growth depends on engineers executing innovative, creative, high-quality solutions to technical problems; and WHEREAS, the stated purposes of the Florida Engineering Society shall be to advance the public welfare and to promote the professional, social and economic interests of the engineering profession and to stimulate and develop professional concepts among all engineers through education and in practice; and WHEREAS, current members of the Florida Engineering Society and the Florida Institute of Consulting Engineers are making strides to interact with the engineering education sector to prepare future engineers to maintain our economic leadership and quality of life; WHEREAS, it is fitting that we recognize and honor the continuing contributions of America's engineers by observing Engineers Week with the motto: "ENGINEERING NEW HORIZONS" NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens , Florida, do hereby proclaim the week ofFebruary 23-27, 2015 National Engineers Week. ATTEST: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affaed this Sl' Day of February, in the year Two Thousand and Fifteen. Robert G. Premuroso, Mayor CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5, 2015 Ordinance 1, 2015 Subject/Agenda Item : City-initiated amendment to the Land Development Regulations First Reading : A City -in it iated text ame ndment to the sign code adoptin g reasonable time , place , and manner regulat ions related to human sign age . [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: D i rector of Pl anning & Zoning Originating Dept.: Planning & Zoning: Project Manager Tamashbeen R a hman , AICP Senior P lanner Finance: [X] Not Required Tresha Thomas Fees Paid: N/A Deve lo pment Compl ianc e 1--------------1 Funding Source: Ba ha reh W olfs, AICP Approved By: City Manag er [ ] Quasi-Judicial [X] Leg is lative [X] Public Hearing Advertised : [X] Required [ ] Not Req ui red Date : 01 .21 .15 Paper: Palm Beach Post Affected parties : [ ] Notified [ ] Operating [X] Other N/A Budget Acct.#: N/A Contract/ Agreement: Effect ive Date: N/A Expiration Date : N/A Council Action: ] Ap p ro va l ] App roval w/ Conditi o ns ] Denial ] Continued to : __ Attachments: • Ordinance 1, 2015 EXECUTIVE SUMMARY Meeting Date: February 5, 2015 Ordinance 1, 2015 Page 2 of9 A City-initiated request to amend various sections of the City's Land Development Regulations (LDRs) to adopt reasonable time, place, and manner regulations related to human signage. The proposed amendment also clarifies and strengthens existing language , provides internal consistency , and provides better organization of existing provisions . BACKGROUND The subject petition is comprised of various amendments to the City's LDRs to adopt reasonable time, place, and manner regulations related to human signage. "Human Signs", if not properly regulated as to time, place, and manner, distract drivers and impede pedestrian traffic in the public rights-of-way and pose a significant threat to public hea lth , safety , and welfare . PROPOSED AMENDMENT Sec. 78-290 . -Temporary signs a llowed. (a) Permitted temporary signs . Temporary signs allowed within the city are listed in Table 25. (b) Approval. Temporary signs shall be approved by the city. Signs not approved by the city are subject to immediate removal by the city, at the expense of the owner. Temporary signs shall comply with the standards listed below . (1) Illumination and/or animation . Temporary signs shall not be illuminated nor shall they incorporate any of the characteristics set forth in section 78- 284(e). (2) Setbacks. Temporary signs shall be setback at least eight (8) feet from the right-of-way tieR line and side property lines, and must comply with section 78-283(c). (3) Maximum height. A temporary sign shall not be higher than five (5) feet above the average grade at the property line nearest the sign , except for "human signs ", which shall not exceed eight (8) feet in height above the grade upon which any such sign is located. (4) Permitted sign types. Only pole.1 Of-sandwich-board-type signage..___Q[ human signs shall be used for temporary signs. Type of Sign Political* Meeting Date: February 5, 2015 Ordinance 1, 2015 Page 3 of9 Table 25: Temporary Signs Maximum Size Earliest Final Removal Notes and (Sq . Feet) Installation Date Date Remarks •Residential-6 •Residential-Not •Residential-? •Residential-1 square feet more than 30 days after the sign per candidate •Nonresidential-days prior to the election or issue per 32 square feet election to which •Nonresidential-residential parcel. it relates or the 7 days after the • Nonresidential- date of candidate election 1 sign per qualification, if candidate or issue. applicable. • Nonresidential- •Nonresidential-1 sign per 200 Same as linear feet of Residential. rentage. • A minimum of 1 sign per property allowed. •Signs may not be placed on public property . •Signs may not be placed in public rights-of-way. •Signs may not obstruct vision at corners, intersections, etc. •Applicable to ederal, state, county, and local elections. Free Speech •Residential-6 None Sign* square feet •Nonresidential- !As permitted by sign regulations Sale : Residential 6 Day open house Open House* begins Sale: 16 Day open house Nonresidential begins Open House Development 32 When complete Sign development order application iled with city Project 32 Issuance of SuppliersfTrades building permit Grand 32 7 days before Opening/Project event Opening/New Businesses Meeting Date: February 5, 2015 Ordinance 1, 2015 Page 4 of9 None •Residential-1 sign per residential parcel. •Nonresidential-1 sign per nonresidential parcel. •Sign may be installed in lieu of any permitted nonresidential sign . •Signs may not be placed on public property . •Signs may not be placed in public rights-of-way . •Signs may not obstruct vision at corners, intersections, etc. Day open house closes Day open house closes On receipt of first certificate of occupancy On receipt of final •No more than 2 certificate of signs shall be occupancy permitted at one ime. 1 0 days after •May be permitted opening or event as a banner. Outparcei/Phase 32 7 days before Opening event Special Event 32 7 days prior to Sign age event Event 16 7 days prior to Signage/Sale for event Profit Right-of-way 24 30 days prior to Banner event Name Change-160 square feet of Issuance of Ground Sign copy permit Covering Meeting Date: February 5, 2015 Ordinance 1, 2015 Page 5 of9 1 0 days after opening 2 days after •In accordance event ~ith subsection 78 187(b)(4)(a) 1 on- site sign may be permitted for each side of the property hat fronts a public right-of-way for no less than 50 linear ~eet, up to a maximum of 3 signs. Minimum 1 per property allowed . •May be permitted as a banner. 1 day after event •Maximum 4 per calendar year per project. 2 days after •Per section 78- event 187(4)(b), must be regional, national, city, or city co- sponsored special event. •Must have authorization from applicable agency. 60 days from •Only canvas issuance of coverings of permanent sign ground signs permit application allowed . (**) •Office and retail uses only. •May be submitted lwhen sign permit Wor new permanent sign is submitted . l School/Day 32 30 days before Care/Nursery registration Garage Sale* 12 1 day before sale Special Event 4 Day before event Direction Signage Construction 16 Issuance of land Entrance clearing , land alteration, or building permit. Valet Signs 6 square feet •2 hours prior to Height: 4 feet business opening ~idth : None each day. Human Sians (or 3 sauare feet Date indicated on Livina Sians) he permit Notes Table 25: Meeting Date: February 5, 2015 Ordinance 1, 2015 Page 6 of9 14 days after •Max . 3 per registration calendar year. •May be permitted as a banner. Day of sale 1 sign for the sale. 1 day after event On receipt of final certificate of occupancy •2 hours after •1 sign per business closing establishment. each day. •May be 2-sided . •May not be visible ~rom a public right- of-way . •Notwithstanding subsection (b)(4) above, such signs may be affixed to a ~alet kiosk . •Valet sign permits shall not be valid f"or more than Maximum 2 davs Maximum of6 imes oer calendar ~ (*) Exempt from fees and permit registration provided the sign complies with the requirements set forth in Table 25 and the Florida Building Code, as applicable. (**) A written request for a 30-day extension may be granted administratively provided the perma.nent sign is not completed but is in the process of completion . Meeting Date: February 5, 2015 Ordinance 1, 2015 Page 7 of 9 (5) Human signs (Living signs). Upon the issuance of a permit. a living or human sign may be allowed on the premises of the property that is being advertised or within eight (8) feet of the right-of-way immediately adjacent to the property that is being advertised for a maximum of six (6) times per calendar year for no more than two (2) consecutive days. The sign area shall not exceed three (3) square feet in size, and the living or human sign shall not be permitted off site. within the right-of-way. or closer than e ight (8) feet from the right-of-way immediately adjacent to the property being advertised . Any failure to comply with these regulations will resu lt in the administrative suspension or revocation of the sign permit and/or enforcement proceedings pursuant to Chapter 162. Florida Statutes. Notwithstanding the foregoing, the City may also pursue any remedy available under the law. (6) Maximum sign faces. A maximum of two (2) faces will be allowed for each temporary sign . Maximum size as set forth in Table 25 applies to each sign face individually. (7) Maintenance. All signs shall be kept in good condition, present a neat appearance, and be maintained free of debris, stains, mold , discoloration , or deterioration. (8) Hazard. A sign shall not directly or indirectly create a traffic or fire hazard or interfere with the free and unobstructed use of streets or sidewalks. (9) Permit. a. A city temporary sign permit is required for all temporary signs except those exempt as shown in Table 25 . b. Nonresidential sale of portion of building , rental, or lease permit. 1 . An application for temporary signage will be made with the city. All applications will be issued and renewed administratively by the city. 2. If approved, a permit for temporary signage will be issued for a period of no longer than one (1) year, or until one hundred percent (1 00%) of the building is sold , rented , or leased . A renewal permit may be submitted annually if the applicant is in compliance with the city's standards. 3. An administrative fee will be charged for the issuance of the temporary signage permit as regulated by the fees and charges schedule on file. 4. Standards. Signage must be in compliance with all temporary signage standards and meet the criteria below. Meeting Date: February 5, 2015 Ordinance 1, 2015 Page 8 of9 i. Size. Maximum square footage of the sign is sixteen (16) square feet. ii. Sign post. Post shall be a four-by-four (4x4) treated- wood post or other acceptable material. The minimum number of posts shall be two (2). The posts shall be directly buried into the ground at a minimum of two (2) feet. Use of concrete is prohibited . iii. Backing. Sign shall be installed on a one-half-inch plywood . Plywood shall be attached with weather- resistant screws. iv. Color. The entire sign must be painted and have no more than two (2) colors , including the letters. The colors of the sign must be consistent with the approved principal color of the development and/or building . c. An additional leasing sign not exceeding twelve (12) square feet may be incorporated into the project's monument sign within the three-foot required base, if provided . Letter size shall be no less than five (5) inches for ground signs. Must have no more than two (2) colors and be consistent with the general design of the monument sign . A sign permit must be submitted and approved by the city . A leasing sign on a monument sign does not require annual renewal and may remain even if one hundred percent (1 00%) of the property is leased . (c) Removal. (1) Hurricane watch. Any temporary sign installed within the city shall be removed by the owner or city if a hurricane watch is posted . The city shall not be responsible for the replacement of such signage after a hurricane watch is discontinued . (2) Violations . The city shall have the right to remove any temporary signage in violation of this section. Any failure to comply with these regulations will result in the administrative suspension or revocation of the sign permit and/or enforcement proceedings pursuant to Chapter 162, Florida Statutes. Notwithstanding the foregoing, the city may also pursue any remedy available under the law. (d) Number. Each side of a property facing a public right-of-way is allowed one (1) temporary sign as permitted in Table 25 . Each side of a property facing a private right-of-way may be allowed one (1) temporary sign as permitted in Table 25 at the discretion of the growth management director, Meeting Date: February 5, 2015 Ordinance 1, 2015 Page 9 of9 or designee. Notwithstanding the foregoing, only one (1) human sign (or living sign) shall be permitted per property. (e) Prohibited materials. Paper, cardboard , or other such material subject to rapid deterioration shall not be used for any sign that is to be displayed for more than thirty (30) consecutive days. Staff Comment: The purpose of the proposed amendment is to address the recent proliferation of human signs within the City. Within Section 78-290 of the LDRs, staff recommends the proposed revisions to provide clarity, organization, and consistency within the existing provisions, and the addition of the proposed language to permit human or living signs as temporary signs, subject to reasonable time , place, and manner regulations. In addition, Staff recommends adding a definition of Human or Living Sign to Section 78-751 Definitions. **** Sec. 7 8 -7 5 1. -Defi nit ions. The following words, terms , and phrases , when used in these land development regulations, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning: Human sign (or Living sign) means a sign held by or attached to a human for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service. or product. This can also include a person dressed in costume for the purpose of advertising or drawing attention to an individual. business. commodity, service . or product. Staff Comment: One (1) new definition has been added for Human or Living Sign to accompany the proposed revisions and additions to Section 78-290. **** PLANNING, ZONING , AND APPEA LS BOAR D (PZ AB ) The PZAB reviewed the subject petitions on January 13, 2015 , and recommended approval to the City Council by a vote of 6 to 0. STAFF RECOMM ENDATION Staff recommends APPROV AL of Ordinance 1, 2015 as presented on first reading . 1 ORDINANCE 1, 2015 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND 6 DEVELOPMENT. BY REPEALING SECTION 78-290. TEMPORARY 7 SIGNS ALLOWED. AND READOPTING SAME, AS REVISED, IN 8 ORDER TO ADOPT REGULATIONS RELATING TO "HUMAN 9 SIGNS"; FURTHER AMENDING CHAPTER 78 AT SECTION 78-751. 10 DEFINITIONS. BY ADOPTING THE DEFINITION OF "HUMAN 11 SIGNS"; PROVIDING THAT EACH AND EVERY OTHER SECTION 12 AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. 13 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 14 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 15 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 16 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 17 18 19 WHEREAS, the City Council of the City of Palm Beach Gardens has determined 20 that various sections of Chapter 78 of the City's Code of Ordinances need to be 21 amended to provide clarity, organization , and consistency; and 22 23 WHEREAS, the City Council has determined that "Human Signs", if not properly 24 regulated as to time , place, and manner, distract drivers and impede pedestrian traffic in 25 the public rights-of-way ; and 26 27 WHEREAS, the City Council has determined that such signage poses a 28 significant threat to public health , safety , and welfare ; and 29 30 WHEREAS, this Ordinance was reviewed by the Planning , Zon ing , and Appea ls 31 Board , sitting as the Local Planning Agency , at a public hearing on January 13, 2015, 32 and the Board recommended approval by a vote of 6 to 0; and 33 34 WHEREAS, the City Council deems the adoption of this Ordinance to constitute 35 a compelling government interest and to be in the best interests of the health , safety, 36 and welfare of the residents and citizens of the City of Palm Beach Gardens and the 37 public at large. 38 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 41 OF PALM BEACH GARDENS, FLORIDA that: 42 43 44 45 46 Page 1 of 10 Ordinance 1, 2015 1 SECTION 1. Chapter 78. Land Development of the Code of Ordinances of the 2 City of Palm Beach Gardens, Florida is hereby amended by repealing Section 78-290. 3 Temporary signs allowed . and readopting same , as revised ; providing that Section 78- 4 290 . shall hereafter read as follows : 5 6 Sec. 78-290. -Temporary signs allowed. 7 8 (a) Permitted temporary signs. Temporary signs allowed within the city are listed in 9 Table 25. 10 11 (b) Approval. Temporary signs shall be approved by the city . Signs not approved by 12 the city are subject to immediate removal by the city , at the expense of the 13 owner. Temporary signs shall comply with the standards listed below. 14 15 (1) Illumination and/or animation. Temporary signs shall not be illuminated 16 nor shall they incorporate any of the characteristics set forth in section 78- 17 284(e). 18 19 (2) Setbacks. Temporary signs shall be setback at least eight (8) feet from 20 the right-of-way HeR line and side property lines, and must comply with 21 section 78-283(c). 22 23 (3) Maximum height. A temporary sign shall not be higher than five (5) feet 24 above the average grade at the property line nearest the sign. except for 25 "human signs", which shall not exceed eight {8) feet in height above the 26 grade upon which any such sign is located . 27 28 (4) Permitted sign types. Only poleJ. ~sandwich-board-type signage~ 29 human signs shall be used for temporary signs. 30 31 32 (The remainder of this page intentionally left blank) 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Pag e 2 of 10 ------------------------------------------- 1 2 rrype of Sign Political* Table 25: Temporary Signs Maximum Size Earliest Final Removal (Sq . Feet) Installation Date Date •Residential---6 •Residential-Not •Residential-? jsquare feet more than 30 !days after the •Nonresidential-~ays prior to the !election 32 square feet ~lection to which •Nonresidential- it relates or the t7 days after the ~ate of candidate ~lection ~ualification , if applicable. •Nonresidential- Same as Residential. Page 3 of 10 Ordinance 1, 2015 Notes and Remarks •Residential-1 sign per candidate or issue per residential parcel. • Nonresidential- 1 sign per candidate or issue. • Nonresidential- 1 sign per 200 linear feet of rontage . • A minimum of 1 sign per property allowed . •Signs may not be placed on public property. •Signs may not be placed in public rights-of -way. •Signs may not obstruct vision at corners, intersections, etc. •Applicable to ederal , state , county , and local !elections. Ordinance 1, 2015 Free Speech •Residential-6 None None •Residential-1 Sign* !Square feet sign per residential ·Nonresidential-parcel. ~s permitted by •Nonresidential-1 !Sign regulations sign per non residential parcel. •Sign may be installed in lieu of any permitted nonresidential sign . •Signs may not be placed on public property. •Signs may not be placed in public rights-of-way. •Signs may not obstruct vision at corners, intersections, etc. Sale: Residential p Day open house Day open house Open House* begins ~loses Sale : 16 Day open house Day open house Nonresidential begins ~loses Open House Development 32 !When complete On receipt of first Sign development ~ertificate of order application pccupancy iled with city Project 32 Issuance of On receipt of final •No more than 2 Suppliers!Trades building permit pertificate of signs shall be pccupancy permitted at one ime. Grand 32 7 days before 1 0 days after •May be permitted Opening/Project ~vent ppening or event as a banner. Opening/New Businesses Page 4 of 10 Ordinance 1, 2015 Outparcei/Phase 32 7 days before 1 0 days after Opening ~vent open ing Special Event 32 7 days prior to 2 days after •In accordance Signage ~vent event with subsection 78 1JIT(b)(4)(a) 1 on- site s ign may be permitted for each side of the property hat fronts a public right -of -way for no less than 50 linear eet, up to a maximum of 3 signs. Minimum 1 per property allowed . •May be permitted as a banner. Event 16 7 days prior to 1 day after event •Maximum 4 per Signage/Sale for ~vent calendar year per Profit project. Right-of-way 24 30 days prior to 2 days after •Per section 78- Banner ~vent event 187(4)(b), must be regional , national , city, or city co- sponsored special event. •Must have authorization from applicable agency. Name Change-~0 square feet of Issuance of ~0 days from •Only canvas Ground Sign ~opy permit issuance of coverings of Covering permanent s ign ground signs permit application allowed . (**) •Office and retail uses only. •May be submitted when sign permit or new permanent sign is submitted . Page 5 of 10 Ordinance 1, 2015 School/Day 32 30 days before 14 days after •Max . 3 per Care/Nursery registration registration calendar year. ·May be permitted as a banner. Garage Sale* 12 1 day before sale Day of sale 1 sign for the sale. Special Event ~ Day before event 1 day after event Direction Signage Construction 16 Issuance of land On receipt of final Entrance clearing , land ~ertificate of alteration , or pccupancy building permit. ~alet Signs ~square feet •2 hours prior to •2 hours after •1 sign per Height: 4 feet business opening business closing ~stablishment. Width: None each day. ~ach day. •May be 2-sided . •May not be visible Wrom a public right- of-way . ·Notwithstanding subsection (b)(4) above , such s igns may be affixed to a ~alet kiosk. ·Valet sign permits shall not be valid ~or more than Human Siqns (or 3 square feet Date indicated on Maximum 2 davs Maximum of6 Livinq Siqns) he permit imes oer calendar ~ 1 2 Notes Table 25: 3 4 Should any definition. regulation. or provision set forth in Section 78-290 and/or Table 5 25 or any paragraph, sentence. or word be declared by a court of competent jurisdiction 6 to be invalid. such decision shall not affect the validity of the remainder of Section 78- 7 290 and/or Table 25. 8 Page 6 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 1, 2015 (*) Exempt from fees and permit registration provided the sign complies with the requirements set forth in Table 25 and the Florida Building Code , as applicable. (**) A written request for a 30-day extension may be granted administratively provided the permanent sign is not completed but is in the process of completion . (5) Human signs (Living signs). Upon the issuance of a permit. a living or human sign may be allowed on the premises of the property that is being advertised or within eight (8) feet of the right-of-way immediately adjacent to the property that is being advertised for a maximum of six (6) times per calendar year for no more than two (2) consecutive days . The sign area shall not exceed three (3) square feet in size. and the living or human sign shall not be permitted off site, within the right-of-way. or closer than eight (8) feet from the right-of-way immediately adjacent to the property being advertised. Any failure to comply with these regulations will result in the administrative suspension or revocation of the sign permit and/or enforcement proceedings pursuant to Chapter 162. Florida Statutes. Notwithstanding the foregoing. the City may also pursue any remedy available under the law. (6) Maximum sign faces . A maximum of two (2) faces will be allowed for each temporary sign . Maximum size as set forth in Table 25 applies to each sign face individually. (7) Maintenance. All signs shall be kept in good condition , present a neat appearance , and be maintained free of debris , stains , mold, discoloration , or deterioration . (8) Hazard. A sign shall not directly or indirectly create a traffic or fire hazard or interfere with the free and unobstructed use of streets or sidewalks. (9) Permit. a. A city temporary sign permit is required for all temporary signs except those exempt as shown in Table 25. b. Nonresidential sale of portion of building , rental , or lease permit. 1. An application for temporary signage will be made with the city. All applications will be issued and renewed administratively by the city. 2 . If approved , a permit for temporary signage will be issued for a period of no longer than one (1) year, or until one hundred percent (1 00%) of the building is sold, rented , or leased . A renewal permit may be submitted annually if the applicant is in compliance with the city's standards. Page 7 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (c) Ordinance 1, 2015 3 . An administrative fee will be charged for the issuance of the temporary signage permit as regulated by the fees and charges schedule on file. 4. Standards. Signage must be in compliance with all temporary signage standards and meet the criteria below. i. Size. Maximum square footage of the sign is sixteen (16) square feet. ii. Sign post. Post shall be a four by four (4x4) treated- wood post or other acceptable material. The minimum number of posts shall be two (2). The posts shall be directly buried into the ground at a minimum of two (2) feet. Use of concrete is prohibited . iii. Backing. Sign shall be installed on a one-half-inch plywood . Plywood shall be attached with weather- resistant screws. iv . Color. The entire sign must be painted and have no more than two (2) colors, including the letters . The colors of the sign must be consistent with the approved principal color of the development and/or building . c. An additional leasing sign not exceeding twelve (12) square feet may be incorporated into the project's monument sign within the three-foot required base, if provided . Letter size shall be no less than five (5) inches for ground signs. Must have no more than two (2) colors and be consistent with the general design of the monument sign . A sign permit must be submitted and approved by the city. A leasing sign on a monument sign does not require annual renewal and may remain even if one hundred percent ( 1 00%) of the property is leased . Removal. (1) Hurricane watch. Any temporary sign installed within the city shall be removed by the owner or city if a hurricane watch is posted . The city shall not be responsible for the replacement of such signage after a hurricane watch is discontinued . Page 8 of 10 Ordinance 1, 2015 1 (2) Violations. The city shall have the right to remove any temporary 2 signage in violation of this section . Any failure to comply with these 3 regulations will result in the administrative suspension or revocation 4 of the sign permit and/or enforcement proceedings pursuant to 5 Chapter 162. Florida Statutes. Notwithstanding the foregoing, the 6 city may also pursue any remedy available under the law. 7 8 (d) Number. Each side of a property facing a public right-of-way is allowed 9 one (1) temporary sign as permitted in Table 25 . Each side of a property 10 facing a private right-of-way may be allowed one (1) temporary sign as 11 permitted in Table 25 at the discretion of the growth management director, 12 or designee. Notwithstanding the foregoing, only one (1) human sign (or 13 living sign) shall be permitted per property . 14 15 (e) Prohibited materials. Paper, cardboard , or other such material subject to 16 rapid deterioration shall not be used for any sign that is to be displayed for 17 more than thirty (30) consecutive days . 18 19 SECTION 2. Chapter 78. Land Development of the Code of Ordinances of the 20 City of Palm Beach Gardens, Florida is hereby amended at Section 78-751 . Definitions. 21 by adopting the new definition of "Human sign (or Living sign )" and readopting same , as 22 revised ; providing that Section 78-751 . shall hereafter read as follows : 23 24 Sec. 78-751 . -Definitions. 25 26 The following words, terms , and phrases , when used in these land development 27 regulations , shall have the meanings ascribed to them in this chapter, except where the 28 context clearly indicates a different meaning : 29 30 Human sign (or Living sign) means a sign held by or attached to a human for the 31 purposes of advertising or otherwise drawing attention to an individual. business. 32 commodity. service. or product. This can also include a person dressed in costume for 33 the purpose of advertising or drawing attention to an individual. business. commodity, 34 service. or product. 35 36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 37 hereby repealed. 38 39 SECTION 4. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph , sentence, or word be declared by a court of competent jurisdiction 41 to be invalid , such decision shall not affect the validity of the remainder of this Ordinance. 42 43 SECTION 5. Specific authority is hereby granted to codify this Ordinance . 44 45 SECTION 6. This Ordinance shall become effective immediately upon adoption . 46 Page 9 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 1, 2015 PASSED this __ day of _______ , 2015, upon first reading. PASSED AND ADOPTED this __ day of _______ , 2015, upon second and final reading . CITY OF PALM BEACH GARDENS FOR BY: --------------------Robert G. Premuroso, Mayor Eric Jablin, Vice Mayor Joseph R. Russo, Councilmember Marcie Tinsley, Councilmember David Levy, Councilmember ATTEST: BY: -------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------R. Max Lohman, City Attorney G :\attorney_share\ORDINANCES\2015\0rdinance 1, 2015 -Human Signs.docx Page 10 of 10 AGAINST ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5, 2015 Ordi nance 3, 2015 SUBJECT/AGENDA ITEM City-initiated Amendment to the Land Development Regulations First Reading : A C ity-initiated request to amend the C ity 's Land Deve lopment Regulations (LDRs) in order to create specific signage req uirements for gas statio ns in Palm Beach Gardens . [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: De velopm en t Compliance Originating Dept.: & Zoning: a lie Crowley, AICP , Di rector of Planni ng & Zo nin [ ] Quasi -Jud icial [X] Legislative Finance: Accounta nt [X] Not Req uired T re sha Thomas Fees Paid: N/A Fundi ng Source: [X] Public Hearing [ ] Operati n g 1-------------i [X] Other N/A City Attorn~ R. Max Lohm a n, Esq . Approved By: City Ma nager Advertised: [X] Required [ ] Not Requ ired Date: 01/21/2015 .Pape r: Palm Beach Post Affected parties: Budget Acct.#: N/A Effective Date: N/A Exp iration Date: N/A Council Action : ] Approved ] Approved w/ Cond itions ] Den ied ] Continued to: __ Attach m ents: • Palm Beach County O rdinance 2014-005 • Ordinance 3, 2015 EXECUTIVE SUMMARY Meeting Date: February 5, 2015 Ordinance 3 , 2015 Page 2 of 5 This City-initiated amendment to the Land Development Regulations (LDRs) will amend Table 24 of the Permitted Signs section for gasoline price signage and ground signs. On April 22, 2014, Palm Beach County adopted the "Palm Beach Motor Vehicle Fuel Price Posting Ordinance". The City has the option to "opt-out" by passing an Ordinance in conflict with specific standards which meet the same intent, but provide reasonable standards for businesses. The County's Ordinance is scheduled to go into effect in April2015 . The specific language added to the gasoline price signage type in Table 24 still maintains the intent of the Palm Beach County Ordinance, but allows the signs to meet code and appear in a more legible manner. These standards are permissible by the City's Land Development Regulations, and make the intent more achievable and practical for the consumers as well as the owners. BACKGROUND At the July 10, 2014, City Council meeting , staff presented the "Palm Beach Motor Vehicle Fuel Price Posting Ordinance" ("Ordinance") that the Palm Beach County Board of County Commissioners passed on April 22 , 2014 . After discussion, the City Council directed staff to meet with local gas station owners to better understand their concerns regarding the adopted Ordinance and present the findings back to the Council. On Wednesday, July 30 , 2014 , staff met with a small group of local gas station owners to achieve a better understanding of the concerns with the Ordinance. The owners indicated their most significant issues under the new Ordinance involved the following: • Every single type of gas offered is required for display (i.e ., Regular , Special , Super, Diesel , etc.). • In addition to the maximum (highest) price being displayed, a "Cash Only" designation must be placed next to the discounted price for each type of fue l sold at the discounted price at least six (6) inches tall. • As a result, these requirements would cause confusion and sign clutter. On October 2, 2014, City Council asked staff to proceed with an alternative method of gasoline pricing signage . The alternative method discussed was the ability to display "CASH" to the original pricing and adding , in a prominent location , "Credit ADD (actual price difference to be inserted)". This alternative method still maintains the intent of the Palm Beach County Ordinance by notifying the consumer of the price differences, but allows the signs to still meet code and be more legible to the consumer. On January 9, 2015 , staff met again with the local gas station owners , and they were in suppo rt of the proposed changes. Upon adoption of the Ordinance, all the gas station ow ners in Palm Beach Gardens will be notified of the proposed changes and the time frame to comply . PROPOSED CITY CODE AMENDMENT Meeti ng Date : February 5 , 2015 Ordinance 3 , 2015 Page 3 of 5 Staff recommends approval of a text amendment to the following Code Section . The text amendment revises LOR Section 78-285. Permitted Signs. Table 24. Permanent Signs (deletions are struck, new language is underlined): ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 7. SIGNS Sec. 78 -285. Permitted signs. Permanent signs shall be permitted as provided in Table 24. (Additional sign types listed in Table 24 shall remain in full force and effect as previously adopted and are omitted herein in their entirety for brevity purposes.) Table 24 : Permanent Signs Sign Permitted Max. Max. Max. Max. Sign Other Limits [Type Zoning Size of Sign Number of Structure Districts Copy Faces Signs Dimensions lA.rea 1) Gasoline 15 2 1 None •May include changeable Price square copy. Sign ifeet •May be integrated into another sign. •Sign with price integrated shall not exceed permitted sign size. lf5.l Ground Non-~0 2 •1 for first Sign (2) residential* square 300 lineal eet eet of ROW. •1 for each additional 700 lineal eet of ROW. Notes to Table 24. Height: ifeet 10 Width: 15 ~eet Meeting Date: February 5, 2015 Ordinance 3, 2015 Page 4 of 5 •Requires solid base not less han three feet high w/out sign copy, except for address numbers or leasing information as regulated by sec. 78-290. Temporary Signs . For gasoline Qricing information see note (5) •Sign copy not to exceed building identification and five enants (not including leasing information) per sign face. • Ten ant names shall be at least 6-inch letter height. •Min . 15 feet setback from ROW. •Min . 50 feet setback from non-ROW property lines. *Nonresidential includes commercial portion of residential PUDs or PCDs. ROW = Public road right-of-way. NMT = Not more than. (1) Height measured from average grade unless otherwise noted . (2) Ground sign must be landscaped as provided below. a. Front: minimum width shall be not less than the height of the sign. b. Side: minimum width shall be not less than the height of the sign. c. Rear: minimum width shall be three feet. (3) For commercial, retail, or commercial portions of projects within mixed use land use designations that front directly on a major roadway (arterial or collector) with no front parking, one (1) additional sign is allowed on the rear elevation of buildings , as long as the customer parking and access is located in the rear. (4) Only for buildings existing as of September 30, 2010. (5) If any retail fuel vendor offers a discounted price for cash purchases of fuel they shall adhere to the following regulations: a) Prominently and continuously display the cash price of fuel for each type of motor vehicle fuel posted on the sign as "CASH". b) In a prominent location adjacent to "CASH" price. the CREDIT price shall be displayed as. "CREDIT ADD PER GALLON" actual price difference must be displayed. c) Letters shall be a minimum of six (6) inches in height for both the "CASH" and "CREDIT ADD PER GALLON". d) The sign shall be clearly visible and legible to motorists of approaching motor vehicles on the adjacent streets and shall be kept free from vegetation or other obstructions that may block the view of the advertised price on the sign from the adjacent street. Meeting Date: February 5, 2015 Ordinance 3, 2015 Page 5 of 5 (e) Gasoline pricing information may be displayed on the ground sign base. STAFF ANALYSIS Based on staff's research, some of the currently approved signs in Palm Beach Gardens would not be large enough to be able to fit all the content required in the Palm Beach County Ordinance within the approved copy face area. Staff furthermore agrees that the Palm Beach County Ordinance could provide confusion and create muddled copy faces on various existing gas station monument signs . The proposed amendments provide clear understanding to the differences in cash and credit pricing . The amendments also allow the signs to meet code and not appear so cluttered . These standards are permissible by the City's Land Development Regulations and make the intent more achievable and practical for the consumers as well as the owners . The implementation date of the Ordinance is 180 days after adoption . PLANNING, ZONING, AND APPEALS BOARD (PZAB) On January 13, 2015, the PZAB recommended approval of the subject petition to the City Council by a vote of 6 to 0 . STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 3, 2015 as presented on first reading . 1 ORDINANCE 3, 2015 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND 6 DEVELOPMENT. AT SECTION 78-285. PERMITTED SIGNS. TABLE 7 24. PERMANENT SIGNS, BY AMENDING "GASOLINE PRICE 8 SIGN" AND "GROUND SIGN" TYPES IN ORDER TO ADD 9 ADDITIONAL REQUIREMENTS RELATED TO GASOLINE PRICE 10 SIGNAGE; PROVIDING THAT EACH AND EVERY OTHER 11 SECTION AND SUBSECTION OF CHAPTER 78. LAND 12 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT 13 AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, 14 A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 15 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 16 17 18 WHEREAS, On April 22 , 2014, Palm Beach County passed Ordinance 2014- 19 005, known as the "Palm Beach County Motor Vehicle Fuel Price Posting Ordinance", 20 which established significant county-wide fuel pricing regulations; and 21 22 WHEREAS, in accordance with Section 1.3 of the Palm Beach County Charter 23 the City has one year to "opt-out" by adopting a fuel price posting ordinance in conflict 24 with Ordinance 2014-005 ; and 25 26 WHEREAS, the Planning , Zoning, and Appeals Board , sitting as the Local 27 Planning Agency , held a public hearing on January 13, 2015, and has recommended 28 approval to the City Council with a vote of 6 to 0; and 29 30 WHEREAS, the City Council deems approval of this Ordinance to be in the best 31 interest of the health , safety, and welfare of the residents and citizens of the City of 32 Palm Beach Gardens and the public at large. 33 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 36 OF PALM BEACH GARDENS, FLORIDA that: 37 38 SECTION 1. Chapter 78. Land Development. of the Code of Ordinances of the 39 City of Palm Beach Gardens, Florida is hereby amended at Section 78-285 . Permitted 40 Signs. Table 24. Permanent Signs , by amending "Gasoline Price Sign " and "Ground 41 Sign" and readopting same , as revised ; providing that Section 78-285 . Table 24. shall 42 hereafter read as follows : 43 44 45 46 Page 1 of 4 1 DIVISION 7. SIGNS 2 3 Sec. 78-285. -Permitted signs 4 5 Permanent signs shall be permitted as provided in Table 24. 6 Ordinance 3 , 2015 7 (Additional sign types listed in Table 24 shall remain in full force and effect as previously 8 adopted and are omitted herein in their entirety for brevity purposes.) 9 10 Table 24: Permanent Signs 11 Sign Permitted Max. Max. Max. Max. Sign Other Limits !Type !Zoning Size of Sign Number of Structure Districts Copy Faces Signs Dimensions Area 1) Gasoline 15 2 1 None •May include changeable Price square copy. Sign feet ·May be integrated into another sign. •Sign with price integrated shall not exceed permitted sign size. 5j Ground Non-pO ~ •1 for first Height: 10 •Requires solid base not less Sign (2) residential* square 300 lineal feet han three feet high w/out eet eet of Width : 15 sign copy, except for address ROW. eet numbers or leasing •1 for each information as regulated by additional sec. 78-290 . Temporary 700 lineal Signs. For gasoline 12ricing eet of information see note (5). ROW. •Sign copy not to exceed building identification and five enants (not including leasing information) per sign face. •Tenant names shall be at least 6-inch letter height. •Min. 15 feet setback from ROW. •Min . 50 feet setback from non-ROW property lines. 12 13 Notes to Table 24. 14 15 *Nonresidential includes commercial portion of residential PUDs or PCDs. 16 ROW= Public road right-of-way. 17 NMT =Not more than. 18 (1) Height measured from average grade unless otherwise noted. 19 (2) Ground sign must be landscaped as provided below . Page 2 of4 Ordinance 3, 2015 1 a. Front: minimum width shall be not less than the height of the sign. 2 b. Side: minimum width shall be not less than the height of the sign . 3 c. Rear : minimum width shall be three feet. 4 (3) For commercial , retail, or commercial portions of projects within mixed use 5 land use designations that front directly on a major roadway (arterial or collector) 6 with no front parking, one (1) additional sign is allowed on the rear elevation of 7 buildings, as long as the customer parking and access is located in the rear. 8 (4) Only for buildings existing as of September 30, 2010. 9 (5) If any retail fuel vendor offers a discounted price for cash purchases of fuel 10 they shall adhere to the following regulations on or before Septmber 1. 2015: 11 a) Prominently and continuously display the cash price of fuel for each type of 12 motor vehicle fuel posted on the sign as "CASH ". 13 b) In a prominent location adjacent to "CASH" price. the CREDIT price shall be 14 displayed as. "CREDIT ADD PER GALLON " (actual price difference must 15 be displayed). 16 c) Letters shall be a minimum of six (6) inches in height for both the "CASH " 17 and "CREDIT ADD PER GALLON". 18 d) The sign shall be clearly visible and legible to motorists of approaching 19 motor vehicles on the adjacent streets and shall be kept free from vegetation 20 or other obstructions that may block the view of the advertised price on the 21 sign from the adjacent street. 22 e) Gasoline pricing information may be displayed on the ground sign base. 23 24 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 25 hereby repealed . 26 27 SECTION 4. Should any section or provision of this Ordinance or any portion 28 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 29 to be invalid , such decision shall not affect the validity of the remainder of this Ordinance. 30 31 SECTION 5. Specific authority is hereby given to codify this Ordinance . 32 33 SECTION 6. This Ordinance shall become effective one hundred eighty (180) 34 days after adoption . 35 36 37 (The remainder of this page intentionally left blank) 38 39 40 41 42 43 44 45 46 Page 3 of4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 3, 2015 PASSED AND ADOPTED this __ day of ------' 2015, upon second and final reading . CITY OF PALM BEACH GARDENS BY: --------------------------Robert G . Premuroso, Mayor Eric Jablin, Vice Mayor Joseph R. Russo, Councilmember Marcie Tinsley , Councilmember David Levy , Councilmember ATTEST: BY: -------------------------Patricia Snider, CMC , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman, City Attorney FOR AGAINST G :\attorney_share\ORDINANCES\2015\0rdinance 3 2015 amend ing gas station signage .docx Page 4 of 4 ABSENT ....__ ____________ ------ ..-------------------------------------------------------------------- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date : February 5, 2015 Resolution 7, 2015 Subject/Agenda Item : City Fire Station No. 2 Site Plan and Major Conditional Use Public Heari ng and Consideration for Approval : A Ci ty-i nit iate d requ est for site plan and major cond it ional use app roval to re place the ex isting City of Palm Be ach Ga rdens Fire Stat io n No.2 locate d on the northwest co rne r of RCA Bo ulevard and Campus Drive . [X] Recommendation t o APPROVE [ ] Recommendation to DENY R.M Originati n g De pt.: Plann ing & Zoning : Peter Hofheinz , AICP Principa l Planner [X] Quasi -Judicia l [ ] Legis lative [X] Public Hearing Advertised : [X] Required [ ] Not Required Date: 01/21/2015 Paper: Palm Beach f---A-=-p_p_r_o-ve-d:-:8=-y-:------l Post Finance: Accountant Tresha Thomas Fees Paid: Yes Fund i ng Source: [ ] Operating [X] Other N/A Budget Acc t.#: N/A Effective Date: N/A f--------------1 Exp irat ion Date: N/A Notified [ ] Not Required Counci l Action: ] Approved ] Approved w/ Conditions ] Den ied ] Continued to : __ Attach m ents: • Deve lopment Appl ication • Location Map • Resolut ion 7, 2015 ---------------------------------------·----- EXECUTIVE SUMMARY Meeting Date: February 5, 2015 Resolution 7, 2015 Page 2 of 9 A request by the City of Palm Beach Gardens for a site plan and major conditional use approval to replace the existing fire station located on the northwest corner of Campus Drive and RCA Boulevard with a new facility . The existing 6,350-square-foot fire station originally constructed in 1987 is proposed to be replaced with a new modernized 8,633- square-foot fire station. The existing fire station will remain active and in service while the new facility is being constructed . Once the new fire station is active and in service the existing fire station will be demolished . LAND USE & ZONING The subject site has a zoning designation of Public /Institutional (P/1) and a future land- use designation of Public (P). Table 1. Existing Zoning Land-Use Designations EXISTING USE ZONING FUTURE LAND USE Subject Pro(;2ert~ Public or Institutional (P/1) Public (P) PBG City Fire Station North Planned Unit Development Palm Beach State College (PUD) Overlay I Public or Public (P) Institutional (P/1) South Planned Unit Development I Residential High (RH) I Sun Terrace at the Oaks and Oaks East Residential Medium Residential Medium (RM) East Public or Institutional (P/1) Public (P) Palm Beach State College West Planned Unit Development Palm Beach State College (PUD) Overlay I Public or Public (P) Institutional (P/1) CONCURRENCY The subject petition does not propose any modifications to the existing concurrency approvals. The number of fire-rescue staff and vehicle apparatuses assigned to Fire Station No. 2 will remain the same at six (6) fire-rescue staff during each shift and three (3) Advanced Life Support (ALS) rescue vehicles. The standard Palm Beach County trip generation for a fire station is based on an individual station and not on square footage. Therefore, there will be no increase in trips for the new fire station and a traffic study is not required. The City's Traffic Consultant reviewed the subject petition and has determined that the proposed project meets the Traffic Performance Standards of Palm Beach County. On July 23, 2014, the City's Traffic Consultant issued an approval letter. .---------------------------------------~------------ PROJ EC T DETA ILS Site Details and Access Meeting Date: February 5, 2015 Resolution 7, 2015 Page 3 of 9 The City of Palm Beach Gardens Fire Station No.2 facility is located on a 2.51-acre site located at the northwest corner of the Campus Drive and RCA Boulevard intersection . The site is an irregular configuration, as it is 844 feet long and 129 feet wide. The elongated rectangular shape gives the site a long street frontage along Campus Drive and narrow frontage along RCA Boulevard . This configuration has been a factor in the overall design of the new fire station and site plan . There are two (2) existing vehicular ingress/egress access points from Campus Drive. The existing southernmost ingress/egress from Campus Drive will be removed and replaced by a new ingress/egress access point from Campus Drive further north, which accommodates the new fire station facility . Existing on site today is the Fire Station No. 2 facility, and the remainder of the site is vacant and undeveloped . Proposed Improvements The existing Fire Station No. 2 facility is approximately 6,351 square feet and was originally constructed in 1987 . The proposed site plan approval and major conditional use request will allow for the construction of a new modernized 9,735-square-foot fire station. The new modern fire station will provide sufficient space for fire rescue staff, ALS rescue vehicles, and equipment allowing improved , continuous, uninterrupted 24- hour-a-day fire rescue operations. The facility has been designed with structural enhancements to withstand Category 5 hurricane winds. In order to maintain existing fire-rescue services for the area that Fire Station No. 2 serves, which includes the Gardens Mall , Prosperity Oaks Assisted Living Facility , and the Heartland Healthcare Center, the existing station will remain in service while the new proposed facility is under construction . Once the construction of the new facility is completed, the old fire rescue station will be removed and that portion of the site will function as a stormwater retention area. Architecture The proposed building exhibits a modern architectural design incorporating alternating roof angles and compatible building materials, such as metal roofing and aluminum metal slats, as functional design elements. The building design is compatible and integrates with the surrounding built development through the use of color, scale, and building materials. The building colors feature muted earth tones, such as sage green , Caribbean coral, Dorian gray, beige, and white. The building has been designed as a one-(1) story structure with a total approximate height of 26 feet and 11 inches. The building height of 26 feet and 11 inches is primarily for the vehicle apparatus bay in the rear of the building to accommodate the Fire Rescue Department's largest vehicles. The design of the vehicle apparatus bay provides the City's Fire Rescue Department with the most flexibility in assigning vehicles to this station to meet any emergency need which may arise. The primary public entrance into the building features a tower element and covered entryway. The tower element adds emphasis and massing which identifies it as the primary entrance. Meeting Date: February 5 , 2015 Resolution 7, 2015 Page 4 of9 The two (2) principal building elevations which will be visible from the public rights-of- way of Campus Drive and RCA Boulevard include the east and south elevations. The east building elevation , which faces Campus Drive, utilizes the color changes of the tundra gray metal roof, darker earth tone beige , in conjunction with light green and light beige as accent colors, and dark chocolate colored metal slats to break down the building's elevation and provide visual interest. The south building elevation which faces RCA Boulevard will be visible from both RCA Boulevard and Campus Drive. The south building elevation is over 450 feet from the site's property line abutting RCA Boulevard ; and due to this distance along with the preservation of existing landscaping (i.e. Live Oak Trees, Saw Palmettos, and Slash Pines) the south elevation will be marginally visible from RCA Boulevard . However, the south elevation will be visible to those vehicles and pedestrians traveling north along Campus Drive. The south building elevation incorporates contrasting roof-angle lines , building color changes, and the tower feature over the covered entryway to create a visually aesthetically pleasing elevation. Parking and Circulation The existing fire station facility has 12 parking spaces. The proposed site design will maintain these existing 12 parking spaces and add an additional three (3) parking spaces for a total of 15 spaces. The total number of spaces is consistent with the allowances and requirements contained in Section 78-345 of the City's Code. All parking spaces meet the City's standard minimum parking space size at 10 feet by 18.5 feet. In addition to vehicular parking , five (5) bicycle spaces are proposed and are located by the fire station's primary entrance. Fire rescue vehicles will continue to circulate and navigate within the site in a similar pattern as they currently do at the existing facility , except the existing ingress/egress located approximately 80 feet from the Campus Drive and RCA Boulevard intersection will be removed and replaced by a new ingress/egress point from Campus Drive which provides access to the new fire station further north . Rescue vehicles will enter the site from the northern ingress/egress point from Campus Drive and proceed south on the site to enter the vehicle apparatus bay. Exiting fire rescue vehicles will leave the vehicle apparatus bay and exit the fire station site via the southern ingress/egress access point from Campus Drive. Fire Rescue personnel will enter the site from the southern ingress/egress access point from Campus Drive and then proceed south into the existing parking area. Landscaping/Buffering A variety of plant material is proposed around the new fire station , with a particular emphasis on the east elevation along Campus Drive. The proposed material consists of Sabal Palms, Red Tip Cocoplums, Muhly and Sand cordgrasses, Silver Buttonwoods, and Firebush . Additional plant material is being proposed within the road shoulder of Campus Drive. The site design includes the required 15-foot-wide landscape buffers around the entire site. The buffers are planted with the landscape material outlined above. The western landscape buffer will feature a clay exercise path which will be used by fire rescue Meeting Date: February 5, 2015 Resolution 7 , 2015 Page 5 of9 personal , as well as the public. This jogging path features native landscaping material such as Slash Pine Trees, Sable Palm Trees , and Live Oaks. The north landscape buffer is primarily made up of the natural area being preserved on the site. The total amount of landscaping points provided by the design is 2,603 points which exceed the required amount of 2,264 points. It is important to note that the point calculation is only for the new landscaping and does not account for all of the existing landscaping (Live Oaks, Slash Pines , Saw Palmetto , etc.) which is being preserved on the site. The site is required to provide 15 percent (15%) open space and the design is providing 1.7 acres of open space which is approximately 68 percent (68%) of the total site area. Both the site 's landscaping and open space exceed the City's Code requirements. In addition to the new landscaping material being provided , the proposed site design preserves and incorporates many of the existing Live Oak Trees, Slash Pine Trees, and Saw Palmettos on the property (as mentioned above). Many of the native Florida Slash Pine Trees and Live Oak Trees surrounding the existing station will remain, and a majority of the same species and Sabal Palms on the western property line will be preserved . Environmental During the site planning process, an Environmental Assessment for the project was completed consistent with Section 78-248 of the City's Code . Consistent with Section 78-250 of the City's Code , the project has an overall upland preservation requirement of 0.15 acres; 0.17 -acres of upland preserve area have been provided . This area has been identified on the site plan . No endangered or listed species were observed . Sign age Signage is proposed on the east elevation of the fire rescue station's tower feature . The signage consists of the Fire Rescue Department's Maltese cross design with the station's number 2 identification in the center . The site will also have a monument sign located along Campus Drive at the southern ingress/egress. The monument sign 's design is consistent with other City of Palm Beach Gardens' municipal facility ground signs . The proposed signage has been reviewed and meets the City's Code . Drainage The surface water management system on the subject site will continue to collect stormwater on the site and divert it to on-site detention areas for water quality treatment and quantity storage. If necessary, excess stormwater may be released into the Campus Drive drainage system through a control structure, which would ultimately transfer the stormwater into the RCA Boulevard ditch for discharge. The City Engineer has reviewed the project's proposed drainage system and determined that the system is adequate. Meeting Date: February 5, 2015 Reso lution 7 , 2015 Page 6 of 9 MAJOR CONDITIONAL USE ANALYSIS Section 78-159, Permitted, Conditional and Prohibited Use Chart, allows a Governmental Uses as a Major Conditional Use within Public I Institutional zoning districts. A Conditional Use Analysis has been provided as part of the application in accordance with Section 78-52(d), Conditional Uses, of the Land Development Regulations. The following is staffs analysis based on the criteria set forth in Section 78-52(d), Conditional Uses: 1) Comprehensive Plan. Comprehensive Plan. The proposed use is consistent with the The comprehensive plan designation for this site is Public and is intended to denote areas where existing and proposed public and institutional facilities such as schools, libraries, fire stations, and government offices are allowed . The proposed use is consistent with that designation . 2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The proposed use is consistent with all applicable requirements of Chapter 78 of the City's Code. 3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. Section 78-159, Table 21, Permitted, Conditional and Prohibited Use Chart: Government Uses (Note 50). (Note 50) Governmental Uses. Governmental uses include city hall, police station, fire station, branch courthouse, public office buildings, libraries, maintenance buildings, etc. The proposed use on the site is not changing and is consistent with the standards for such use as provided in Section 78-150 . 4) Public welfare. The proposed use provides for the public health, safety, and welfare by: (a) Providing for a safe and effective means of pedestrian access; The site design maintains the existing sidewalk system to ensure pedestrian access. Meeting Date: February 5, 2015 Reso lution 7, 2015 Page 7 of 9 (b) Providing for a safe and effective means of vehicular ingress and egress; Vehicle ingress and egress to the site is provided via Campus Drive. The vehicular access to the site is being improved by relocating the closest ingress/egress to the Campus Drive and RCA Boulevard intersection further north on the site. (c) Providing for an adequate roadway system adjacent to and in front of the site; The existing roadway system adjacent to the site is adequate to service the development. (d) Providing for a safe and efficient on-site traffic circulation, parking, and overall control; and The proposed site plan for Fire Station No . 2 will improve safety and efficiency of the on-site traffic circulation . (e) Providing adequate access for public safety purposes, including fire and police protection. The site can be easily accessed by emergency vehicles and has been reviewed by the City 's Fire and Police Departments. 5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: (a) Noise; (b) Glare; The fire station use on the site is not changing . The new fire station will be located farther north on the site which will increase the distance between the residential community of The Oaks to the south along RCA Boulevard . (c) Odor; (d) Ground; wall; or roof-mounted mechanical equipment; There will be no odor associated with the petition . All ground , wall , or roof- mounted mechanical equipment will be screened according to the City's Code . (e) Perimeter, interior, and security lighting; The site lighting will meet City Code Section 78-182. (f) Signs ; Meeting Date: February 5, 2015 Resolution 7 , 2015 Page 8 of 9 The Applicant is not proposing any addi tional signs at this time. (g) Waste disposal and recycling ; There is an exis ti ng program in p lace for wast e di sposa l and re cyc ling , and t he re are no proposed cha nges . (h) Outdoor storage of merchandise and vehicles; There are no outdoor storage areas on the site, and no new o utdoo r storage areas are being proposed . (i) Visual impact; and (j) Hours of operation . The use is ex ist ing and not c hang ing . The new fire st at ion will be an improvement to the existing fire station . The fire stati on will o perate 24 hou rs a day, as it does today . 6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The propose d petit ion will not impact existi ng ut ili t ies . 7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. All attainable di mensional req uirements have been met. 8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. There is no neighborhood plan for this area . 9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character or area development. The use is existing and is compa ti b le with the su rround ing public , in st it ut io na l, and other governmenta l uses. 10) Patterns of development. The proposed use will result in logica l, timely, and orderly development patterns. The petition is not proposing to change the use of the site. ~--------------------------------------------------------------------------------- Meeting Date: February 5, 2015 Resolution 7 , 2015 Page 9 of 9 11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. The fire station use on the site is existing , and the station will be replaced . As such, the use is consistent with the goals, objectives, and policies of the City . 12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The use is existing on site and not proposed to change. The new fire station is being designed to be visually and aesthetically compatible with the surrounding development which consists of other public, institutional, and governmental uses. 13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources, including air, water, stormwater management, wildlife, vegetation, and wetlands. The proposed site design included an Environmental Assessment. The site plan is preserving approximately 0 .17 acres of natural area which exceeds the Code requirement. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On June 11 , 2014, the subject petition (SPLN-14-12-000017/CUMJ-14-04-000031) was reviewed by the DRC . At this time, all comments related to the project have been satisfied . PLANNING, ZON ING, AND APPEALS BOARD (PZAB) On January 13, 2015, the PZAB recommended approval of the subject petition to the City Council by a vote of 7 to 0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 7 , 2015 as presented . ,.. CITY O F PALM BEACH GARDENS DEVELOPMENT APPLICATION P lannin g an d Zoning D epartment CITY OF PALM BEACH G ARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 79 9-4243 Fax (561) 799-4281 Reques t: CPianned Community Development (PCD) [l:Planned Unit Development (PUD) 0Amendment to PCD, PUD or Site Plan [{]Conditional Use 0Amendment to the Comprehensive Plan 0Administrative Approval 0Administrative Appeal C :Annexation [{Rezoning 0Site Plan Review 0Concurrency Certificate 0Time Extension OMiscellaneous OOther Date Submitted: [_ May 2, 2014 Project Name: City of Palm Beach Gardens-Fire Station Number 2 Owner: City of Palm Beach Gardens Applica nt (if n o t Owner): I ·-' --------------------------------------------- Ap plicant's Address:10500 N. Military Trail TelephoneNo.561 -799-4234 Agent: ______________________________________________________ ___ Contact Person : ..:..;Tod=d-=E::.:.ngi:l.:.le=---------------E-Mail: Tengle@pbgfl .com Agent's M ailing Ad d ress:Same --------------------------------------------- Ag ent's TelephoneNumber:Same ------------------------------------------- FOR OFFICE USE ONLY Petitio n Number: ______ _ Date & Time Received: ______ _ Fees Received Application$ ·Engineering$ __________________ _ Receipt Number: ______________ _ 1 -, -aD Architect: I ..-J ----------------------------------------------------------- Engineer: f /.3 7) --~--~--------------------------------------------------- .,-,-7 /J.. " Planner: 'J U --~-------------------------------------------------------- Landscape Architect: T /3 D --~~--------------------------------------------- Site Information: Note: Petitioner shaiJ submit electronic digital files of approved projects. See attachment for details. G I L . NE Comer of Campus Drive and RCA Boulevard enera ocat1on: ----------------------------------------------------- Add 11025 Campus Drive ress: ----------------------------------------------------------- S . 06 T h" 42 R 43 ect1on: owns 1p: ange: ------------------------------------------- P C . I N b ( ) 52-43-42-06-00-000-5090 roperty ontro urn er s : ---------------------------------------------- A 2.51 C z . P/l R dZ . PUD I P-1 creage: urrent onmg: equeste omng: ---------------------------------- 8 Flood Zone ___________ Base Flood Elevation (BFE) -to be indicated on site plan, ____ _ Current Comprehensive Plan Land Use Designation: Public (P) ~----------------------------- Ex . . L d U Fire Station d Fire Station 1st1ng an se: Requeste Land Use: ------------------------------------- P d U ( ) . h 1 • 1 • •1 .d Fire Station ropose se s I.e. ote ,smg e .ami y res1 ence,etc.: Varies Proposed Square Footage by Use: -------- ------------------------------------------- ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): N/A 2 Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: The request is to demolish the existing fire station and construct a new fire station. 2. What will be the impact of the proposed change on the surrounding area? There is an existing fire station on site today. The existing fire station will be demolished and a new fire station constructed. Therefore, the impact to the surrounding area will be in the same condition as current. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. See Justification Statement 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? See justification statement 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? n/a 6. Has project received concun-ency certification? Yes Date Received:L I ---··-----·- Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately 0.50 mile(s) from theintersectionof PGA ------ _B_o_ul_ev_a_r_d_a_nd_c_a_m_p_us_D_riv_e __ , on thej j northQ east,OsouthWwest side of Campus Drive ----------------(street/road). 4 Statementof Ownership and Designationof AuthorizedAgmt Before me, the undersigned authority, personally appeared T_o_d_d_E_n_g_le ____ _ who, being by me first duly sworn, on oath deposed and says: ----------- 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. Th t h I h . stin" PUD Rezoning, Mjr Con d. Use, & Site Plan Approval a e s e ts reque g -----------------in the City of Palm Beach Gardens, Florida. 3. That he/she has appointedT __ od_d_E_n-.:g:.....le ______________ to act as authorized agent on his/her behalf to accomplish the above project. Street Address ]6&& tiri{e . Cn~ tbt;)t~ By: Name · le J Yc.Jm ~Crt Gadef6 I Ft S?J,!lL1 City, State, Zip Code I P. 0. Box City, State, Zip Code SC/.-{f{JLf ·-701""2 TelephoneNumber Fax Number +~ree~bg>9-com Sworn and subscribed before me this Notary Public My Commission expires: 5 Applicant's Certification IIW e affirm and certify that Jfwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, Jfwe understand that this application, attachments, and application filing fees become a pru.t of the official records of the City of Palm Beach , lorida, and are not returnable. Applicant is: o Applicant 0 Owner ·\?o.(wt_ lfSeoeh Gorcie,/(_S e of Applicant I() 500 1<.) #ai/locCI\ ](-( StreetAddress ' cJ TI&: R ssti 10 City, State,fip Code D Optionee D Lessee 0 Agent ~(jL{ --r 0 rz TelephoneNumber 0 Contract Purchaser Fax Number ±eV!t:~ Ce g{>bzJM . ca,rz E-Mail AddCkss 6 I ', *~ / Palm Beach Gattfens Planning and Zoning Department 10500 North Military Tra11, Palm Beach Gardens, FL 33410 561-799-4230 Permit# ________________________________ ___ Financial Responsibility Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month . The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Planning and partment if the or add res f the responsible party changes at anytime ring the plicatio Date Property Control Number Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF /UIZro/1 COUNTY OF IA~r,A/1 ~!i'/f'UJ ~.! I hereby certify that the foregoing instrument was acknowledged before me this L day of /l1A!f 1 20jJby 7& [) /) btl &-I-£ . He or she is personally knowJ:!_; as identification .-crrroduce~~ ~7#4~ Nota~b/ic signature ~vt~Gtk- Printed name State of /£P /ll Pl./ at-large My Commission expires: _______ _ ' L --~~ Location Map = ID )Jcr:: 1i1 2-: ll Jlt1 Nr<!lltlb Subject Site I I I ' J I I J 1 RESOLUTION 7, 2015 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A SITE PLAN AND 6 MAJOR CONDITIONAL USE TO REPLACE THE EXISTING FIRE 7 RESCUE STATION NUMBER 2, AS MORE PARTICULARLY 8 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, the City Council , as the governing body of the City of Palm Beach 13 Gardens , Florida , pursuant to the authority in Chapter 163 and Chapter 166, Florida 14 Statutes, and the City's Land Development Regulations , is authorized and empowered 15 to consider petitions related to zoning and land development orders; and 16 17 WHEREAS, the Fire Rescue Station Number 2 site has a Public/Institutional 18 zoning designation (P/1) and has a future land-use designation of Public (P); and 19 20 WHEREAS, the Planning and Zoning Department has reviewed the application , 21 has determined that it is sufficient and consistent with the City's Comprehensive Plan 22 and Land Development Regulations, and has recommended approval ; and 23 24 WHEREAS, the Planning , Zoning , and Appeals Board reviewed the petition at its 25 January 13, 2015, meeting and recommended approval of the subject petitions (SPLN- 26 14-12-000017 and CUMJ-14-04-000031) by a vote of 7 to 0; and 27 28 WHEREAS, the City Council has considered the evidence and testimony 29 presented by the Applicant and other interested parties and the recommendations of 30 the various City of Palm Beach Gardens reviewing agencies and staff; and 31 32 WHEREAS, the City Council deems approval of this Resolution to be in the best 33 interests of the health , safety, and welfare of the residents and citizens of the City of 34 Palm Beach Gardens and the public at large. 35 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF PALM BEACH GARDENS, FLORIDA that: 39 40 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 41 42 SECTION 2. The application is hereby APPROVED for the site plan to construct 43 a new Fire Rescue station to replace the existing Fire Rescue Station No. 2 , subject to 44 the conditions of approval contained herein , which are in addition to the requirements 45 otherwise provided by resolution for the real property described as follows : 46 Page 1 of 4 Resolution 7 , 2015 1 LEGAL DESCRIPTION: 2 3 A PARCEL OF LAND IN THE SOUTHEAST ONE QUARTER (S.E. Y..) OF SECTION 6, 4 TOWNSHIP 42 SOUTH , RANGE 43 EAST , PALM BEACH COUNTY , FLORIDA BEING 5 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 6 7 THE SOUTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF THE 8 SOUTHEAST ONE QUARTER OF SAID SECTION 6, LESS THE WEST 465 FEET AND 9 LESS THE SOUTH 60 FEET FOR RCA BOULEVARD AND FURTHER LESS THE EAST 10 70 FEET FOR CAMPUS DRIVE. 11 12 TOGETHER WITH THE SOUTH 238.14 FEET OF THE NORTHWEST ONE QUARTER 13 OF THE SOUTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER LESS 14 THE EAST 70 FEET FOR CAMPUS DRIVE AND FURTHER LESS THE WEST 465 15 FEET THEREOF . 16 17 SAID LANDS LYING AND BEING IN THE CITY OF PALM BEACH GARDENS , PALM 18 BEACH COUNTY , FLORIDA, AND CONTAINING 2.515 ACRES, MORE OR LESS . 19 20 SECTION 3. This approval is subject to the following conditions, which shall be 21 the responsibility of and binding upon the Applicant, its successors , or assigns : 22 23 1. Prior to the demolition of the existing fire station, the Certificate of 24 Occupancy shall be issued for the new fire station and the new fire station 25 shall be in full operation to maintain continuous, uninterrupted 24-hour-a- 26 day fire rescue operations . (Planning and Zoning) 27 28 2 . All gutters and downspouts shall be painted to match the surface to which 29 they are attached . (Planning and Zoning) 30 31 3. All on-site lighting shall be cast downward and shielded from adjacent 32 properties. (Planning and Zoning) 33 34 4. Prior to the issuance of the first building permit for construction, a six-(6) 35 foot-tall construction fence with a privacy tarp shall be installed around the 36 proposed project site to screen adjacent properties. (Planning and Zoning) 37 38 5. Prior to the issuance of a vertical building permit , the property is required to 39 be platted . (Planning and Zoning) 40 41 6. Approved civil design and architectural drawings, including floor plans, shall 42 be submitted prior to the issuance of the Certificate of Occupancy for site 43 plan . (GIS Manager , Development Compliance Officer) 44 45 46 Page 2 of4 Resolution 7, 2015 1 7 . Prior to the issuance of any building permit, an approved demolition and 2 construction site security plan complete with emergency contacts , proper 3 "No Trespassing ' signs consistent with Section 810 .09 , Florida Statutes, 4 and any other security measures and policies proposed shall be submitted . 5 (Police Department) 6 7 SECTION 4. This petition is approved subject to strict compliance with the 8 Exhibits listed below , which are attached hereto and made a part of hereof as Exhibit 9 "A ": 10 11 1. Fire Rescue Station #2 , Sheet C101 , prepared by Ahrens Companies, Inc., 12 dated January 9, 2015. 13 14 2. Fire Rescue Station #2, Sheet LP-1 , prepared by Native Bloom , Inc., dated 15 January 23 , 2015. 16 17 3. Fire Rescue Station #2, Sheet A2, prepared by Ahrens Companies, Inc., 18 dated January 9 , 2015 . 19 20 SECTION 5. All representations made by the Applicant or the Applicant's agent 21 at any public hearing regarding this application are specifically incorporated herein , 22 and this approval is granted subject to same . 23 24 SECTION 6. This Resolution shall become effective immediately upon adoption. 25 26 27 (The remainder of this page intentionally left blank) 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 7, 2015 PASSED AND ADOPTED this __ day of _____ , 2015. CITY OF PALM BEACH GARDENS, FLORIDA BY: -----------------------Robert G. Premuroso , Mayor ATTEST: BY: ------------------Patricia Snider, CMC , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman , City Attorney VOTE: AYE NAY ABSENT MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY G:\attorney_share\RESOLUTIONS\2015\Resolution 7 2015-Fire Station No 2 -Site Plan Approva l.doc Page 4 of 4 Resolution 7, 2015 EXHIBIT "A" SITE DATA PROJECT NAME: CITY OF PBG ARE RESCUE STATION f2 OWNER/DEVELOPER: CITY OF PALM BEACH GARDENS PARCEL ID f: 52-43-42-06-00-000-5090 ZONING: PUD,P/1 (PLANNED UNIT DE.VELOPMENIT, PUBUC/INSllllJliONAl DISTRICT) FUTURE lAND USE: P (PUBUC) FlOOD ZONE: XSOO CONSTRUCTION TYPE: Q B MAXIMUM BUILDING HEIGHT: P/1 (PUIIUC/11S1111J1101W. DISIRICI) ~· 1l PERMIITED PROPOSED: P/1 (~ 1l1SII11CI) 21'-11" 1l PROI'OSID MAXIMUM LOT COVERAGE: P/1 (PUBUC/t1Sl1111l101W. DISIRICI) a 40~ PROPOSED: 9.1 ~ ("i,905 S.F.) LEGAL DESCRIPTION PORTION OF S 238.14 FT OF NW 1/4 OF SE 1/4 OF SE 1/4 (LESS W 465 FT ole E 70 FT CAMPUS DR R/W) ole SW 1/4 OF SE 1/4 OF SE 1/4 (LESS W 465 FT, S 60 FT RCA BL'IO ole E 70 FT CAMPUS DR R/WS) OF SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 ACCORDING TO THE PLAT ON ALE IN THE PUBUC RECORDS OF PALM BEACH COUNTY, FlORilA. RECORDED IN PLAT BOOK 533, PAGE 104. !liE NEA III!EAK!l!!!!!! ___liiU!.. ....tQiill_ ..l'alCiilfi TOTAL SITE 109,559 S.F. -2.51 AC-100.00" IMPERVIOUS AREAS • PROPOSED BUII...[)N;: 8,633 S.F. • • EHIRY F£A~ 168 S.F. - • PORCH/COYERED NI£AS: 683 S.F. - • GENERAlllR/ELEIR1C ROOM: 270 S.F. - • DliP.iTER ENCI..OSlME: 170 S.F. - PAVING &: CURB MEA: 25 273 S.F. "" TOTAL IMPERVIOUS: PERVIOUS AREAS OPEN N!£k TOTAL PERVIOUS: II&I»>JIEJURCI F1IONT (SOUTH): RfAR (NORTH): SlOE (EASt): SlOE (WEST): l.NQRfl; llllfEBI F1IONT (SOUTH): RfAR (NORTH): SlOE (EASt): SlOE (WEST): PNJ<t4G OOJt,ftMENTS PARKING REQUIRED 35,178 S.F. • 74,}81SE • 74,381 S.F. - MZINB IMJEQl&2 7S-o" 1s·-o· 15'-o" 15'-o" WiRECIEEQ 25'-0" 15'-o" 15'-o" 15'-o" 1 SPACE/300 SQ. FT.-29 SPACES TOTAL PROY1DED -(15) SPACES REGULAR SPACES -13 H/C SPACE 2 TOTAL 15 0.198 AC- 0.003 AC= 0.015 AC = 0.006 AC- 0.004 AC = 0.575 AC • .0801 AC • 1W AC- 1.707 AC- !111111111 457'-J" 21T-9" 15'-4" 15'-0" fiiiMlal 25'-o" 15'-o" 15'-o" 15'-o" 7.9" 0.2" 0.6" 0.2" 0.2~ 22.9" 32.0" 6801 68.0" PARKING AND STRIPING DETAIL SCALE: NTS [J.....-CATCH BASIN RIM aEV. • 4"11«. a:JfC. 5I.A8 (SUPE 2 ill AWAT F1lOM EI.JXllO DR.vt.) W/ lXII W. 1.4 IC 1.4 W.W .... Tt«<UaHHUT~W!{%)1"'11'x1r CIA.. YONO. no'S o.c. EADi ..... srnwG '----,~DIA.I£ADEDSTL"sruos, 'IIEI.Dm OHlO SKIES OF PIPE AT ...... BiKERACK DET7{1i_"""""""~ TOP PORTION OF FlP-26 SHALL HAVE A REFUCliYE BLUE BACKGROUND WllH MoillE REFLECTIVE SYWBa.. AND BORDER .L..--?~iiiii~ :o~~C:,~~.;~VE GROUND WllH BLACK OPAQUE LEGEND AND BCRlER TEXT 1.5"' SERIES 'r! 2"'-.-.L.UM 2.5"'-PVC SlEEVE CONC BASE HANDICAP SIGN DETAIL SCALE: NTS a" PVC r.rPUw:....atTcac. ... FLAGPOLE DETAIL CA.l'CH BASIN RIM El.EV. • 13.05'J----, ----.r WbOO" FENCE---- >:! SCALE: NTS El.EV.- 5 0 I ~ ~ z ~ [ > z ( [ 0 ~ ~ z w MONUMENT SIGN DETAIL ~ SCALE: NTS C Ill r lO" R( ~ N. INV. UJ S. IN~~ lo"RC!' W. INV. ELEV. • 7 .43' ~ARYUANHOLE RIM El.EV. • 12.88' ------N. INV. EI..£V. • 8.04' -----------_ S. INV. El.EV. • 7.3S'l --r.:PVC~-----=--=---::::--------------WANH<l.E Rl~ El.EV.-14.12' ' u-; I ( i BENa-tMARK NO. 2 ~ ELEY~C: ~.es' 15"' RCP W. ttV. ELEV. • 7.45 E. INV. El.EV. • 7.94 ~ CARDIOPATH CLAY -V4 MILE [PROPERTY LINE ,----------- 1 I I I I I I I '--21.t&-J I I I I / / I RETENTION AREA E. INV. ELEV. • 7.62'\ N. INV. El.EV. • 8.04' S. INV. El.EV. • 7.35' DETENTlON AREA 0 0 ,, [1-0 r ~ --~---' @ ! ' ' :J I : ~ ---------------------------------------------------------------------------.-~-_--_-j_r-_~~-~~_=-_--~~~C~A~M~PU==S=D~R~IV~E==~~====~~~~:!r:l __ _i~--_L--~~~----==~==_j~~~~ ------<ASPJW.nMM-oor--- (· ~---- ~ ~ ------·--===-=-==-----------·-----+------·-·---- PROPOSED SITE PLAN EDGE Of PAVEMENT PROPOSED FIRE RESCUE STATION NO. 2 'tA.BANDONDED & F1LLED 10"' AC W.M. 0 \'~~1~0.1.~ WATER MAIN. \ EXIST. WOOO POWER POLE NEW FPL PRIMARY -·---&--- SCALE: 1" -JO'-o" SHEEJS I I I I LANDSCAPE DETAILS NTS PlACE SAf£TY FLtGS ON GUY WIRES TWIST WIRES TO AOlJST TENSION ON GUY WIRE ~....__,I'JIIOMTCJilJ]C.RDCmWJ.• l"MUOt ~~~-I"~WTHEN r.tl"xM' WOOD STME auv8l ft.U5H wmt ...... PALM PLANTING DETAIL ~~:~~~~or~ STMDAAD PI.ANTIHG MIXT\IIf. F\NfTING P1TWIDlli SHALL BE TWICE THE DIAMETER Of ROOT MU. BACK Alt AAOI.JNO ROOT IW..L WITH ST ANOAAD PI.ANTTNG HIXllJRE. BJMJNATE AlA. PCXXElS. JUHT TOP OIIIIOOT IW.t. SLJGHn.'l' HIGHER~ FINl5HED GMDE PUC£ ROOT MU. AT BOTTOM OF f'tNmNG PIT EDGE Of ClJR8 \ CONSTRl.CT10N TODOIPUNECRSOIWOGEIUSilC " ' f<NClNG ) STEELBAR LARGE TREE PlANTING DETAIL TREE PROTECTION NOTES: TREE PROTECTlON 5HAU. APA.Y TO AU. TREES DESIGNATED TO REMAIN UNLESS OTHERWISE NOTED IN THE LANDSCAPE PLAN. TREE PROTECTIOO SHALL EE PROVIDED PRIOR TO TI-lE BEGINNING OF ANY SITE WORK OR UEARlNG ACTJVITIES AND SHAll. REMAIN IN PLACE THROUGHOUT THE DURATION OF TREE PROTECTION DETAIL NTS IW<VIEW CX>NSTRIJCTION. SITE WORK PERFORMED INSIDE THE PROTECTIVE FENONG TO DRIP UNE OA. SHALL 8E OONE UNDER THE DIREcnON OF ntE t.ANOSCAPE AR01ITECT OR EDGE Of CURB DESIGNATED PROfESSIONAL +--'>----1 CON'I'RACTOR SHALl. PROTECT EXISTING TREES TO REMAIN FROM UNNECESSARY --~B~~~~~~a~t~2fXlST1NG~ .....,. OJTTlNG, BREAKING OR SKIHNING OF ROOTS, EXPOSURE TO HAZARDOUS 4'-Q"' FINlSt£0 GRADE MATBUALS, SKINNING AND BRUISING OF BARK AND SMOTHERING OF TREES DUE TO STOCKPruNG OF CONSTRUCTION MATERIAlS, \I£HICULAR AND MEOfANICAL PARKING AND EXCAVATED MATBUALS WITHIN THE DRIP UNE. IN NO WAY SHALL ntE CONTRACTOR UT1liZE THESE TREE PROTECTION AREAS AS STAGING AREAS. TREE PROTECTION DETAIL LEGEND EXISTING SIDEWALK TYP!CAL LANDSCAPE BUFFER FIRE HYDRANT BAHIA SOC ST. AUGUSTINE SOD CENTERLINE Ul«lERGROUND ow.ETER AT BREAST HEtGHT CLEAR TRUNK NTS NTS NTS LANDSCAPE SPECIFICATIONS l. G!NEitAllANDSCAJI't: REQUIREMENTS ~=~~~~~~~~~:~ ~~~DONE~sv>~~STN«lMDANSIA300,1l&,Stta.JliNO ~~~co:t~IN~=m·~~~~~GOOO QUAliTY AND BE lN A HEALTHY GROWD«'i ClJNDITJCfi. N\1 !STABUSHEDCONTAINERGRO't\W PLANT 9W.l.I!ET'RANSPI.Nf1'EDIHTOACDNTAINEAANDGACMIN IN ~TCONTAINER Sl.fflCIENTlY lONG ENOIJQ-I RJA.THE HEW FIIIROUSROOTS TO ~VE CE\'fl.OPED SO ~~IK)QT MASS WILL R:ETAJN m;. SIW'f AND HOlD TOGETHER wtEN RfMOYED AtCI'ITHE 8)~~-~!IW.l.IIEONl(I)PMTR!C'I'Q!Dc:.GMI:M\T!IW.AOOI!DTOTll& ~~~~~~~;~:~~~·~~u. FERTlllZBt IN BACXFIU. HlX'11.m: RlR AU. PlANTS SIWJ. CONSIST OF MI1.0RG-.NlTE ACTTVATE) SUJDGE MIXED wmt TlE IIAOI:fD..LAT A RATE Of NOTLESSTHM 50 LBS. PEROJBICYARD. .....,...,. ,..._ ,..._ 7-15GM.. ..... CM.Jia: .. _ ....... ·~fAST~ PALM SPECIAL" StWJ.III! APPliED TO ...U. NEW PALMS AT IHSTALLAllON AT A MTI Of ~ LB. PER DOt OF TltlJMC.lftl!SS 01lERW15E SPECPI!O. F1B.D GllOWtrl TREES AND PAlMS ~y ROOT PltltiEOSHAUOBTAINA AOOT IW.l wm1 SUFfiCJENT ROOTS RJA. COHT1NUED GROWTH wmoJT RE5Ut. TlNG SHCXK. :eAD~~TE~~~CXJNo~~~~~ All! TO II! APPROVED BY THE I.MDSCN'E ARCHrl'KT. ALL PI.ASTlC FABRIC SHALL BE REMOVED FROM PLANT MATBtiALATTIME Of JNSTAt.LATJCI!I. ...U. TREES MUST !liE STAkED AS SHOWN ON THE PI.ANTlNG DETAilS WITHIN M ttCtJitS Cl' PlANTING. ~~.:r~~~AL~~~~TWoH 12HOHTMS. COtfTlVCORIS ~~ll ........ MI'IRLAICJSCNII!.w:HITB:T'S~MM.M.MSMrll ...U. SHRUBS, TREES AND GROUfC) COVER Wll HAVE IMPftOVED SOIL AS PER PLANTING SOIL NOT5.. THE SOilS SHALl. !If PlACED IN THE HOLE Ol.JIItlMG PI..AHTlNG. TOP DRESSlNG Ofl..'l' IS NOT AO:EPTAIILE ~=~JI ~ lO roM WH!N IMCiftUNG. All. 111!!5 StWJ.IE sPDC!D. U11L.1Z1G ~~~~~=~4~· WORK <DRR!ClB>. THE LAHOSCAP£ CDH1lt\CTlJil SHALl AT AU. TIMES KEEP nt: PREHlSES Fill:£ FROM ACCl.M.JI.A110N Of WASTE MATERJAl.S OR. oeMIS CAUSED BY HIS OtEW5 DURING TWE PERFORMANC£ Of THE WORK. uPON ~~~~~..=:gr:r.~~~"Wi~DEBIUS, UPON COMPI.ETlOH OF THE WOfU(. THE LANI)SCAIIf c::c:wmAC1'0it SI-WJ.. NOTIFY THE LNtDSCAPE ~~~~~·OR~~~~~&Y THE LANDSCAPE CONTRACTOR WJlHIN 14 DAYS. ~~=~-=-~~OFHTSTHEAND~~~~~!.ffi~ ~~~~~nr~~~~slf.lNO.UOEDINn£ ------ l. PLUn1JIG TREES EXCAVAT! PlT .-s PElt P\.ANT1HG DETAILS. ~~RJM~VfH..Jl,s~~~~A~.O~~Jt~~~LAYERS BEYOND £DGf OF DCAVA'TlON. APPL'I' J" (AFTER SETTL9IENT) OF MULOt EXaPT WJTHlH 6" OF ntJNK. ==~~~~~ANDTHlNOUT~OOftOI'REMtM Gl/'1' MD STAK!Tll!! IN~ WITHTH!STAKING DETAR.SM4EDIA'TB.Y AFTBtPlANTlNG. 3. Pt..AJI!lNiSHRWS LAYOUT SHftliiS TO CAEAT! A OONT1NUOUS SMOOTH FRONT LINE AND FilL IN EIEHJNO. ~~~~~NGn:fS~~~~~E~~~~THE MIX'T1JRf. COMPACTfD TO ELMNAT! VOIDS AND AIR P0CXETS. FCRM GIWlE SUGHTl'l' DISHED AND BERMED AT EDGES OF EXCAVATIOfr4. APPLY l" OF I«Jl..t EXCB'TwrtHIN l"OF mMS. ~~~~OF~IJWCHfS, DHOW NATUIW.StWENIJTHJN OUfsnwcnJI!. DO NOT 4. "l.Uf''1NG &lllOUNDCOYBl I.005iEM SUI!IGRADE TO DEPTH Of 4"1N AREAS WHERE TOPSOlL tWO ~ srRJJ1PED AND SPA£AD SMOOTH. SPAa PLANTS AS OTl£RWlSE INDICATED. DIG HCl..ES lMGf ENOUGH TO .-uow SPRf.tDIHG OF ROOTS. COfoiPACT ~~~~~~~~~~· WATERTHORWCH.Y. APPlY]" gr,r;~f:#HOT-~WJNDATllM!OI"IUifln'liii,~~CCN!RI'QtSMML.DM'S 5. P1..AIIfTINfiLAWN5 ~..CO: SOD lYfiE 5PECif1ED ON PlNff UST 9W.l. !IE MACHJPE STQIP£D NOT MORE THAN 24 HOI.JR5 PRIOR TO L.OOSEN SUfiGIWlf TO DEPTH Of 4" AND GRADE wmt TOPSOn. EmtER PROWlED ON sm: OR JMPan'B) STAIClAAD ~~~~aEVATJONS. ROU.PREPAAEDLAWNUFACE. WATER'Tl«))::&t.Y,SUTOONOT FERTlLJZE son. AT lHE MTI Of APPtlOXIMAlB.Y 10 U11S. PER 1.000 S.P. SPRf,tO FER'TlLIZER 0<1ER lHE AREA TO REaiYE GAAS5 BY USJNGAIII APPROJB) DISTRIBliTlOH DEVIaCALIIIRATEOTOOIST'RliiiJT!:THEAPPACIPRJATI ~~NOT FERT1IJZE WHEN WINO V!l.OCITY EXCE!DS 15 M.P.H. TltORIOUGti.Y MIX I'ERTli.IZ!A INTO THE TOP ~sogm%~~TlGHT~~~~~~~~~~~~s0Jl DEPOSITS FROM SOOOEDAAaS. SODQf\1 SLOPES GREATER THAN 3:19W..L. BE STAKED IN PI.Ja. ROU. OR STAMP UG!Tl'l' AND WATER Tl«l!llUGHLY WITH A AHE SPRAY JMioiEDCATELY AFTER PI.AHTlNG. f. MISCELl..ANfOUS L.AJ11DSCAPE WOitiC INIDSCN'£"""""""' JIWHTAIN l..AHOSCAPE WORJr. UNTIL FINAL ACCEPTANCE IS lSSUEDBYTliE OWfER'S REPRESENTATIVE. 1H0JJDE ==!~=E~~=-~~~~~r~ ALL l..N«)SCApE ISlANDS AND BEDS WW. BE FREE OF SHELl AOCX AND CON5TlllJCTlCIH 0EB1US .¥40 WIU. BE EXCAVATE) TO A OEPTK Of 24 INCHES~ TO~. NATIVE son. AHO FIU.ED WITH THE SPEOFIED ~son.. LANDSCAPE GENERAL NOTES 1. 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J 8 CD I I- III CD J a: ~ ~ ~ 8 g .J [ ~ z J -!1 !:: SHEET LP-1 S><E£TS ':;;;;-e 1~-~ A __ Ht5H EAVE H&T. v 126'-11' -------~-"~ _'_ . -----------~-~}_ '·-fF*'=s:;==:;==:=:::;:=:::;=::E:=:=;:::==;=:=;:==;==:;=E:::;:::=;:::=;:=:==::;:==$~- A __ Ht5H EAVE H6T. v 11&'-10" ·--~.EAVEH6T. ------------- ~~· ~..o r~· ·--:FLOOR ____ _ East Elevation 5C.AI....Eo 1/&" =I'-0" South Elevation 5c::.'rrl.b ~··1'-0" A __ HI6H EAVE H6T v 126'-11" A __ Ht5HEAVEH&T. v 121'-1' West Elevation W'or A • 516MBENIEJw. 65F tb. 2. 24"~ MAX.- Mt:IIBiac;tMTF!ri(~ A __ HI6H EAVE H6T v 126'-11" ~ ... •I ~ "'N ~~ """'..-~ =~ North Elevation 5CAL.Eo VD" • I' -0" ~,I Color and Materials Legend SHATGH MATERIAL COLOR -.. --t------+--- 511JGW BEHR PPITT-5 FINISH PURE EAR~ METAL 5LAT5 ALLIH. ROOF -j--!_:l!<IM __ s-rnx;T. MlE5 ~ c=:::J STIJGW FINISH STIJGW FINISH -~--- BEHR 56-160 CHOCOLATE GOGO 11JNDRA --1--- BEHR 401F-4 MOTHER EAR~ CllY HALL BEI6E GUS TOM Manufacturers listed here may vary at time of construction. Colors will not be changed and will be matched by any alternate manufacturers. 0 stephen Boruff, f;JA ArcNtecta + Plamera, Inc. AAC002226 Archilect\re f'lllrri"g hler1cr Archlteclln 901 Nor1l'point Partway &itlt 101 Wee! Pam Beach Aorida 33407 A AHRENS A I COMPANIES New Fire Rescue Station No. 2 Pam Beach Gardens, R. 12 .laniary 2015 A 2 013 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5, 2015 Resolution 8, 2015 Subject/Agenda Item : Central Gardens Planned Community Development (PCD) Amendment Public Hearing and Consideration for Approval : A requ est by Central Ga rdens LLC, the property owner, and S il verstone Healt hc a re Co mpany LLC, the Applicant, to ame nd the Central Gardens PCD Master Plan and Des ign Gu ide li nes to accomm odate a prop osed 140- bed Ass isted Living Facility (ALF ). The Central Ga rde ns PCD is loca ted on the so ut hwest corner of Hood Road and Central Bouleva rd . [X] Recommendation to APPROVE [ ] Recommendation to DENY by: Originating Dept.: F i nance: Development Compliance and zoyng Ma nager Approved By: Planning & Zoni ng : Project Ma nage r ~ Peter Hofheinz , AICP Principal Plan ner ~nt \ \ Tresha Thomas Fe es Pa id: N/A Funding Source: [X] Quasi-Judicial [ ] Legislative [X] Public Heari ng [ ] Operating [X] Other N/A r-------------~ Advertised: [X] Required [ ] Not Requi red Date: 01/21/2015 Paper: Palm Beach Post Budget Acct.#: N/A Effective Date: N/A Expiration Date : r-------------~ N/A .:...:!.!....!....,_ ___ _ Affected parties: [X] Notified [ ] Not Required Counc i l Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to : __ __ Attachments: • Development Application • Location Map • Resolution 8 , 2015 EXECUTIVE SUMMARY Meeting Date: February 5 , 2015 Resolution 8 , 2015 Page 2 of 7 The Applicant is requesting a Planned Community Development (PCD) Amendment to allow modifications to the Central Gardens PCD Master Plan and Design Guidelines to accommodate a 140-bed Assisted Living Facility (ALF). The Applicant has included a concurrent petition , SPLN-14-06-000014, requesting approval of a site plan within the Central Gardens PCD for the above mentioned 140-bed ALF . The PCD amendment includes converting 57 ,500 squ a re feet of retail space and 40 ,784 square feet of general office to the 140-bed ALF use , a modification to the existing Florida Power and Light Company easement, minor modifications to PCD Buffer Sections, and revisions to the approved PCD Design Guidelines . Staff recommends approval of the PCD Amendment. BACKGROUND The subject property was annexed into the C ity in 1990 and designated as Mixed Use (MXD) and Residential High (RH). On May 3 , 201 2, the City Council passed and adopted Ordinance 12, 20 12 and Resolution 28 , 20 12 , approving the rezoning of the Central Gardens PCD from Planned Development Area (PDA) to Planned Community Development (PCD) with a Master Plan approval for 348 multi-family residential units, 57 ,500 square feet of general retail , and 40,784 square feet of general office. On May 3 , 2012 , the City Council passed and adopted Resolution 30 , 20 12 , approving the site plan for Parcel A within the Central Gardens PCD allowing the construction of 224 multi- family units . (The remainder of t his page intentionally left blank) LAND USE & ZONING Meeting Date: February 5, 2015 Resolution 8, 2015 Page 3 of 7 The subject site has two (2) land-use designations, as shown on the City's Future Land Use Map, which consist of a 19 .02-acre Mixed Use (MXD) parcel on the southern portion and a 22.73-acre Residential High (RH) parcel on the northern portion . The zoning designation for the subject site is Planned Community Development (PCD). The land uses and zoning designation of the properties surrounding the subject site are provided in the table below . Table 1. Existing Zoning & Future Land-Use Designations EXISTING USE ZONING LAND USE Subject Pro~ert~ Mixed Use (MXD) I Vacant I Planned Community Development Residential High (RH) I Hamptons at the Gardens (PCD) Bioscience Research Protection Overlay (BRPO) North Planned Unit Development (PUD) San Michele Planned Unit Overlay I Residential Low 3 (RL-3) Residential Low (RL) Development (PUD) South Planned Community Development Residential Medium (RM) and Old Palm Planned Community Development (PCD) (PCD) Residential High (RH) East Planned Unit Development (PUD) I Residential High (RH) and Paloma Planned Unit Residential Low 3 (RL-3) Residential Low (RL) Development (PUD) I Parcel 31.04 Planned Unit Planned Unit Development (PUD) I Mixed Use (MXD) Development (PUD) Mixed Use (MXD) West Planned Unit Development (PUD) I Residential Medium (RM) Westwood Lakes Residential Medium (RM) CONCURRENCY Traffic Concurrency On May 3, 2012, the Applicant received traffic concurrency approval from the City Council through the adoption of Resolution 28, 2012 for the Central Gardens Planned Community Development (PCD) development order. The concurrency approval was for a development program consisting of 57,500 square feet of retail , 40 ,784 square feet of general office, and 348 multi-family units. Palm Beach County's Department of Engineering and Public Works granted approval of traffic concurrency on December 19, 2011, and determined the proposed project meets the County's Traffic Performance Standards (TPS). The Central Gardens PCD has a build-out date of December 31, 2016. With the proposed PCD amendment, the Applicant is requesting to convert 57,500 square feet of general retail space and 40,784 square feet of professional office space to a proposed 140-bed Assisted Living Facility . The proposed conversion will reduce the traffic impacts for the PCD by approximately 2 ,962 daily trips, 81 a.m . peak-hour trips, and 228 p.m. peak- hour trips. On October 8, 2014, the City's traffic consultant completed its review of the Meeting Date: February 5, 2015 Resolution 8, 2015 Page 4 of 7 Applicant's traffic analysis and determined that the proposed conversion meets the requirements of the Traffic Performance Standards (TPS) of Palm Beach County. Drainage The surface water management system is under the jurisdiction of the South Florida Water Management District (SFWMD), the City of Palm Beach Gardens, and the Northern Palm Beach County Improvement District (NPBCID), as the site is within Basin 2A of NPBCID Unit of Development No. 2 . The drainage for the subject site has a legal positive outfall and will tie into a drainage structure on the south side of Hood Road . This drainage structure and the pipe crossing Hood Road were sized to handle the flow from the entire PCD . In accordance with the SFWMD and NPBCID permits and calculations, the water quality treatment is met within the overall system . PROJECT DETAILS Site Detail The approximately 41 .75-acre PCD is generally located at the southwest corner of Central Boulevard and Hood Road and is bound on the east by Central Boulevard , Westwood Gardens on the west, Hood Road to the north, and Interstate 95 on the south . PCD Master Plan The PCD Master Plan provides for the following : (1) the locations of the pedestrian and vehicular access points ; (2) the locations of the upland preserves and landscape buffers; (3) the locations of the residential parcel (Parcel A) and the location of the mixed-use parcel (Parcel B); and (4) sets forth the maximum development thresholds of development within the PCD for both the residential and mixed-use parcels. Proposed Modifications To accommodate the concurrent site plan petition (SPLN-14-06-000014) for a 140-bed Assisted Living Facility , the Applicant is requesting four (4) amendments to the PCD . Each requested amendment is outlined below . Conversion of Approved Uses The Applicant is requesting to modify the PCD Master Plan to convert the approved 57 ,500 square feet of general retail space and 40 ,784 square feet of general office space with a 140- bed Assisted Living Facility . The Applicant submitted a traffic equivalency statement which was reviewed by staff and the City's traffic consultant. The net result of the proposed use square footage conversion is a reduction in daily trips by 2 ,962, 81 a.m . peak-hour trips by 81 , and p.m . peak-hour trips by 228. Staff supports the Applicant's proposed conversion of uses within the PCD . The Assisted Living Facility use was approved and listed as a permitted major conditional use within the Mixed Use portion of the Central Gardens PCD . The proposed use conversion will significantly reduce the overall traffic impact of the Central Gardens PCD by 54 percent (54%). Minor Modification to the Upland Preserve Meeting Date: February 5, 2015 Resolution 8, 2015 Page 5 of7 The Applicant is proposing small modifications to the upland preserve areas within Parcel B of the PCD . The modification request is to relocate approximately 1,337 square feet of upland preserve area which abuts the non-residential portion of Parcel B to the southern upland preserve area which abuts the residential portion of Parcel B. The proposed modification is based upon a request by Florida Power & Light (FPL), which owns a transmission line with an associated 50-foot-wide easement for the transmission line. FPL requested the Applicant provide ten (1 0) more feet of clear zone between the transmission line and existing upland preserve. At its request, the Applicant has moved the upland preserve ten (1 0) feet back. The upland preserve square footage that is impacted is approximately 1 ,3 37 square feet. This area of the upland preserve has been shifted to the southern portion of the PCD , as identified on the revised Master Plan . The City Forester and staff have reviewed the Applicant's submitted environmental statement and proposed changes and concluded no adverse impacts will result from the proposed change. There will be no net loss of acreage to the upland preserve area for the PCD . PCD Buffers The Central Gardens PCD was approved with an overall PCD landscape buffer plan . Landscape buffers were approved along the entire portion of the PCD boundary lines. The Applicant is proposing small changes to Buffer Sections A, B, D, E, and M. The change to each buffer section is discussed in the following paragraphs. Landscape Buffer Sections A and M, were approved with a standard Parkway buffer design prior to the site-plan design for the proposed Assisted Living Facility within Parcel B of the PCD . The sections have been modified and designed to complement the site design of the Assisted Living Facility . The Parkway buffer sections include a native planting palette with pathways, seating areas, and other landscape areas. The Parkway buffer pathway will be lighted with low-level bollards. Landscape Buffer Section B, which reflects the upland preserve area and the FPL transmission line, have been modified to depict the small shift in the upland preserve area consistent with the above discussion on the modification to the preserve area to accommodate FPL's large transmission lines. Landscape Buffer Section D is being modified to include a note on the buffer section which denotes the location of a Seacoast Utility Authority (SUA) deep well-field site easement. During the original PCD Master Plan review process, the SUA identified the need to locate a deep well-field site within the Central Gardens PCD; however, at the time of the original PCD approval the location of the well-field site had not been determined . With this PCD amendment, the SUA has requested the Applicant locate the deep well-field site in the location depicted on the PCD Master Plan , which is in the northwest corner of the residential portion of Parcel B. The proposed well field location abuts both Landscape Buffer Sections C and D. At this time, the Applicant does not anticipate that Landscape Buffer Section C will need to be modified to accommodate the well-field site easement; however, it is anticipated that Landscape Buffer Section D will need to be slightly modified to allow a water transmission pipe to connect the well-field site to the existing 30-foot SUA easement which Meeting Date: February 5, 2015 Resolution 8, 2015 Page 6 of 7 runs parallel to the 15-foot Landscape Buffer Section D. The specific modification to Landscape Buffer Section D will be finalized during the site plan review process for the residential portion of Parcel B. Staff has included a condition of approval to address this issue. Landscape Buffer Section E has been modified to include a new note allowing for the addition of a vinyl-coated chain-link fence with slats to be constructed only where the required perimeter wall conflicts with existing utility easements and infrastructure. The locations of the utility easements and infrastructure are such that if a vinyl-coated chain-link fence is required to be uti lized the fence will be located at the southern terminus of the buffer. The requirement for landscaping on each side remains in effect. The portion of Landscape Buffer Section E that is being impacted is located along the PCD's west property boundary and is not visible from Central Boulevard or any other public right-of-way . Staff has reviewed all of the Applicant's proposed changes to the approved Landscape Buffer Sections and supports the modifications. PCD Design Guidelines Consistent with Section 78-155(c), the Central Gardens PCD was approved with design guidelines which serve as the development regulations for the overall PCD . The PCD design guidelines include property development regulations, design principals, open space , amenity requirements, etc. The overall goal of the design guidelines is to create a framework for the development of the overall PCD . As the site design for the concurrent site plan for an Assisted Living Facility within Parcel B of the PCD was being developed , the Applicant has found it necessary to propose amendments to the design guidelines to accommodate the Assisted Living Facility . The Applicant's requested design guideline amendments are discussed below. As previously discussed in this staff report, the Applicant is proposing to convert all of the non-residential square footage to accommodate an Assisted Living Facility . Since the Assisted Living Facility is proposed to convert the retail and office uses, there is less pedestrian demand between the existing multifamily residential development in Parcel A of the PCD and the non-residential Assisted Living Facility use . The Applicant has requested to reduce the number of direct pedestrian linkages between Parcel A and Parcel B from three (3) to one (1 ). This reduction has been indicated on the PCD Master Plan . Staff supports the Applicant's requested modification . With the proposed Assisted Living Facility use, the demand for pedestrian interconnectivity is not as great. However, to mitigate the reduction , the Applicant is including additional walkways within the PCD Buffer Sections which connect to the residential portion of the PCD . The PCD design guidelines include development standards for development within the PCD . These standards include a provision which limits the footprint for buildings within the MXD portion of the PCD to be a maximum of 40,000 square feet, with an exception for grocery stores, which are allowed to be 45,000 square feet. This footprint limitation was included within the design guidelines to ensure there would be compatibility between future non- residentia l buildings and residential and to mitigate impacts associated ,--------------------------------------------- Meeting Date: February 5, 2015 Resolution 8, 2015 Page 7 of7 with large single-use retail tenants (big-box). The Applicant has requested to modify this provision to allow a maximum building footprint of 55,000 square feet for Assisted Living Facilities. This allowance would only be applicable to Assisted Living Facilities , and the provision as it applies to other retail or single-use tenants would remain . Staff supports the Applicant's proposed modification . Staff reviewed the Applicant's request to modify the PCD design guidelines in conjunction with the Applicant's proposed site plan design for the Assisted Living Facility project. The Applicant's site design , building setbacks , and building heights are less than the maximums allowed by the design guidelines. In addition , the Applicant's visual impact analysis demonstrated that the increased building footprint for the Assisted Living Facility will not have a negative impact on the adjacent residential uses. Finally , the Applicant has proposed various minor adjustments and revisions for right-of-way standards included in the design guidelines. Staff and the City Engineer have reviewed the proposed adjustments and support the Applicant's proposed adjustments. COMMENTS FROM THE DEVELO P MENT REVIEW COMMI TTEE (DRC) On August 8 , 2014, the subject petition was reviewed by the DRC . At this time , all comments relating to the project have been satisfied . PLANNING, ZONING, AND APP E A LS BOARD (PZAB) On January 13, 2015, the PZAB recommended approval of the subject petition to the City Council by a vote of 6 to 0. STAFF RECOMMENDATION Staff recommends APPROV AL of Resolution 8, 2015 as presented . CITY OF PALM BEACH GARDE NS DEVELOPMENT APPLICATION Planning an d Zoning Departmen t CITY OF PALM BEACH GARDENS 10500 North Military Trail · Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: !Planned Community Development (PCD) !Planned Unit Development (PUD) [X Amendment to PCD, PUD or Site Plan fVConditio nal U se [":Amendment to the Comprehensive Plan I Administrative Approval I Administrative Appeal r.Annexation r-,Rezoning l?.jSite Plan Review !'Concurrency Certificate I Time Extension IMiscellaneous C;Other Date Submitted: Project Name: HarborChase at Palm Beach Gardens in Central Gardens PCD Owner: Central Garde ns, LLC Applicant (if notOwner):Silverstone Health Care Company , LLC Applicant's Address: 784 US 1, #24, North Palm Beach , ij.TelephoneNo. 561-799-3858 Agent: Urban Design Kilday Studlqs Contact Person: Marty R.A. Minor, AICP E-Mail: mminor@udkstudios.com A gen t's Mailing Address: 477 S. Rosemary Avenue , #225, West Palm Beach , FL 33401 Agent's Te l ephoneNumber: 561-366-1100 ------------------------------------------- FOR OFFICE USE ONLY Petition Number: __ -,-________ _ Date & Time Received: ____________ _ Fees Received Application$ Engineering$ __________________ _ Receipt Number: ________________ _ __I A h. BOKA Powell rc 1tect: ------------------------------------------------------------- E . Keshavarz & Associates nglneer: _________________________________________ _ PI Urban Design Kilday Studios anner: ----------------------------------------------------- L d A h. Urban Design Kilday Studios an scape rc ltect ____________________________________ _ Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. G I L . Southwest corner of Central Boulevard and Hood Road enera ocatton: ------------------------------------------ Address: --------------------------------------------------- s . 35 & 36 T h. 41 R 42 ectton: owns 1p: ange: --------------------------------------------- P C IN b ( ) 52-42-41 -36-00-000-3040 & 52-42-41-35-0D-000-5010 roperty ontro um er s : ----------------------------------------------- 41.75 C z . PDA R dZ . PCD Acreage: _______ urren.t omng: _______ equeste omng: ------------- Flood Zone _______ Base Flood Elevation (BFE) -to be indicated on site plan. _____ _ Current Comprehensive Plan Land Use Designation: MXD & RH ---------------------- Ex . . L d U Vacant R d Residential and Mixed Use com 1strng an se: equeste Land Use: a ------------- Proposed Use(s) i.e. hotel, single family residence,etc.: --------- P d S F b U !50-resident Assisted Living Facility and xxxxxx s.f. of general office ropose quare ootage y se: -------------------------------------- ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 224 multi-family units 2 Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: The applicant, Central Gardens, LLC, is requesting an amendment to the Central Gardens Planned Community Development to allow for a 150-resident Assisted Uving Facility. The proposed amendment is less intensive and reduces the impact to surrounding properties than the approved retail and office uses. The applicant is also seeking Site Plan Approval and a Major Conditional Use for the high quality ALF. For additional information, please see the Project Narrative attached. 2. What will be the impact of the proposed change on the surrounding area? The proposed amendment and site plan will reduce the intensity of the approved PCD development program and reduce any impacts to the surrounding properties. For additional justification , please see the attached Project Narrative. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. The proposed project complies with all aspects of the City's Vision Plan and Comprehensive Plan. The rezo~t The project is also an infill project which is encouraged by the City (Policy 1.2.4.11 ). The project will also complete the City's Parkway system along Central Boulevard. 3 ,---------------------------------------------------------------------------------~-------- 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? In conformance with Section 78-301, 6.65 acres of upland habitat will be preserved on the site. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? Consistent with 78-261, the Art in Public Places requirement will be addressed prior to the first qualifying Certificate of Occupancy for non-residential development. 6. Has project received concurrency certification? This site received concurrei!CY certification on April21, 2010. Date Received: Leg a I Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately SW mile(s) from theintersectionof Central Blv,e. _an_d __ H_oo_d_R_o_a_d _________ , on the! I north,Oeast,Osouth,l t/ !west side of_c_e_ntr_a_l ____ _ Boulevard (street/road). -------------------------- 4 Applicant's Ce rtification I/We affirm and certify that l!we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, l!we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: I Owner I Optionee I Lessee J5"Agent 1.· Contract Purchaser ~¥b-l€ '{-z? >. Ro.selfA~ Ave. 'fl:z..z..~ Street Address [lk$f-f41P1 ~, J;"L. 33c.cc>r City, State, Zip Code TelephoneNumber Gb(-3G6 -(f(( Fax Number j<(upYt A-€ ut> f5s(c;J'>ros:. r ~ E-Mail Address 6 ~--------------------------------------------------------------------------------------------· STATEMENT OF OWNERSHIP AND DESIGNATION OF AUTHORIZED AGENT Before me, the undersigned authority, personally appeared GARY L. SCHOTTENSTEIN, who being sworn on oath, deposes and says: 1. That, he is a MANAGING MEMBER OF CENTRAL GARDENS, LLC which is the Owner of the property described in the attached legal description. 2. That he is requesting a Planned Community Development Amendment, Site Plan Approval and a Major Conditional Use in the City of Palm Beach Gardens, Aorida. 3. That, he has appointed KEN TUMA and URBAN DESIGN KILDAY STUDIOS to act as authorized Agent on its behalf to accomplish the above project. Name of Owner: Central Gardens. LLC A -:-:;Z;t!e(z ... '--= S~fOwner ~ Gary L Schottenstein, Managing Member Central Gardens, LLC 784 U.S. 1, Suite 24 North Palm Beach, FL 33408 561-799-3858 -telephone 561-799-5682 -fax lchosnek@imc-communities.com Swam to and subscribed before me this /f~ day~~· 2014. ~r~ (Notary Sea l } ry Pu c, State of Florida ,,~~~~~~;,,, MYRNA JEAN WHITE f ,.m-• /{~ Notary Public • Slate of Florida g • : : ·; My Comm. Expires May 15. 2016 ~;.,!<' ,.?} Commission # EE 196918 #''#rl?f.f,~~,,.... P.· • • ... "''1':-.".,. ~-"~'tt 1\ssn. Commission Numbercc 1<[(.919 My Commission Expires: S -/5-/" PROJECT NARRATIVE ASSISTED LIVING FACILITY (PARCEL B) WITHIN THE CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT January 5, 2015 Request/Location Urban Planning and Design landscape Architecture Communication Graphics Please accept this request, on behalf of the property owner Central Gardens, LLC and applicant, Silverstone Healthcare Company, LLC, (Silverstone) for the site plan approval for a 140-resident Assisted Living Facility within Parcel B of the Central Gardens Planned Community Development (PCD), which is generally located at the southwest corner of Hood Road and Central Boulevard. Concurrent with this site plan review request, the applicant is requesting a major conditional use for the Assisted Living Facility use. In add ition, the applicant is seeking an amendment to the Central Gardens PCD to change the development program to allow the Assisted Living Facility use instead of the previously-approved retail and professional office uses. The subject site is vacant and consists of approximately 7.72 acres along Central Boulevard, immediately south of The Hamptons at Palm Beach Gardens residential neighborhood within the Central Gardens PCD. The subject site has Mixed Use (MXD) Future Land Use designation and a PCD zoning designation . The Central Gardens PCD was approved on May 3, 2012 through the approval of Ordinance 12, 2012 and Resolution 28, 2012. The PCD provided the approval 348 dwelling units, 57,500 square feet of general retail area and 40,784 square feet of professional office area. With the approval of The Hamptons neighborhood on May 3, 2012, through the adoption of Resolution 30, 2012, 224 of the approved 348 dwelling units within the PCD designated for the northern portion of the site. For Parcel B, the applicant is proposing a 140-bed assisted living facility, with 70 beds devoted to "memory care" which will house and treat patients who suffer with Alzheimer's disease. The approved list of uses allowed in the Central Gardens PCD allows for Assisted Living Facili ti es as a Major Conditional Use. We are requesting a Major Conditional Use for the proposed memory care facility in association with the site plan approval. We are also seeking to modify the PCD master plan to reflect the proposed assisted living facility (ALF) use and the proposed conversion ofthe approved retail and professional office to ALF. This conversion will reduce the traffic impacts of the overall PCD by 54% from the current approval. The applicant is requesting to modify the PCD approval to convert the approved retail and office uses into the proposed 140-bed ALF. In addition, the applicant is requesting to make minor modifications to the approved PCD Design Guidelines to address the new ALF use. At the Page 1 of 16 --------l I ! I request, Florida Power & Light has requested modification to the upland preserve located near the existing power transmission lines. The PCD Master Plan has been revised to address those concerns. Similar to the waivers requested and granted for the adjacent Hamptons at Palm Beach Gardens residential community, the applicant is requesting waivers to allow for 9.5-foot wide parking spaces and to allow landscaping, sidewalks, fountains and improvements within the lake maintenance tracts. These waivers will allow the site to maximize its landscaping and open space areas. Please note that the site features more than 44% open space, which is nearly three times the MXD open space requirement. The applicant is also seeking a waiver to allow 84 parking spaces for the 114,864 square foot facility as the current parking requirement for assisted living facilities would only require 35 spaces. The additional parking spaces are needed for the employees for this high quality assisted living facility. The property is bounded by The Hamptons at Palm Beach Gardens residential community to the north (Parcel A), Central Boulevard to the east and south, and a vacant portion (Parcel B) of the PCD to the west. Concurrency With the adoption of the Central Gardens PCD on May 3, 2012, the certified concurrency was confirmed for 348 dwelling units, 57,500 square feet of general retail area and 40,784 square feet of professional office area. We are also seeking to modify the PCD master plan to reflect the proposed assisted living facility (ALF) use and the proposed conversion of 57,500 square feet of general retail space and 40,784 square feet professional office space to ALF. This conversion will reduce the traffic impacts of the overall PCD by 54% from the current approval. History The subject property was annexed into the City in 1990, where it received a Future Land Use Designation of Mixed Use and Residential High. The Central Gardens PCD was approved on May 3, 2012 through the approval of Ordinance 12, 2012 and Resolution 28, 2012. The PCD provided the approval 348 dwelling units, 57,500 square feet of general retail area and 40,784 square feet of professional office area. With the approval of The Hamptons neighborhood on May 3, 2012, through the adoption of Resolution 30, 2012, 224 of the approved 348 dwelling units within the PCD designated for the northern portion of the site. Access The Central Gardens Parcel B site plan will have two entrances from Central Boulevard. The northern entrance gains its access from the project's main entrance off Central Boulevard. This main entrance is shared by The Hamptons at Palm Beach Gardens residential community and Parcel B of the PCD. This will be the primary entry street to the proposed ALF and the future residential portion of Parcel B. This entry street will feature two 10-foot wide travel lanes, two 2- foot curbs, live oak street trees, landscaped medians and sidewalks. The southern entrance to the subject site is a right-in, right-out entrance from Central Boulevard which provides a secondary access to the proposed ALF and the vacant property to the west of the subject site. This Page 2 of 16 ,---------------------------------------------~--------- secondary access will provide for two 10-foot wide lanes, two 2-foot curbs, a five-foot wide sidewalk and live oak street trees. These two PCD entrances will be connected within Parcel B. This connection will access each parcel of the PCD, existing, proposed and future developments, to access each other parcel and access to Central Boulevard. Existing Zoning and Land Use Designations EX ISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: Planned Community MXD Existing -Vacant Development (PCD-MXD) Requested-Assisted Living Facility TO THE NORTH: PCD-MXD RH The Hamptons at Palm Beach Gardens TO THE SOUTH: PCD-MXD MXD Central Boulevard and Cimarron Cove (Parcel 31.04 MXD) PCD TO THE WEST: PCD-MXD MXD Central Gardens Parcel B TO THE EAST: PCD -MXD MXD Cimarron Cove (Parcel 31.04 MXD) PCD PCD A m endment As stated above, the applicant is requesting a PCD Amendment to accommodate the proposed Assisted Living Facility. The proposed PCD Amendment includes the following: • The PCD Master Plan has been revised to replace the approved 57,500 square feet of retail space and 40,784 square feet of general office with a 140-bed ALF. Attached for your review is a Traffic Equivalency Statement which indicates that the proposed ALF will reduce the traffic impact of the project by 54%. • Florida Power & Light, which owns a transmission line which traverses through PCD, has requested and we have provided a 50-foot wide easement for the transmission line. In addition, at FPL's requested, the applicant is proposed to move the upland preserve area 10 feet back from the transmission lines. This area of the upland preserve has been shifted to the southern portion of the PCD, as identified on the revised Master Plan. Attached for your review is a statement from EW Consultants, Inc. confirming that this minor shift in the upland preserve location does not diminish the quality of the overall upland preserve. • The PCD Buffer Sections A, M and B are proposed to be revised to reflect the additional design provided with the ALF site plan. Buffer Sections A and M, which were approved with a typical Parkway buffer, has been revised to reflect a native planting palette with Page 3 of 16 various walkways, seating areas, and landscaped areas. Buffer B, which reflects the upland preserve and the FPL transmission line, has been revised to reflect the minor shift in the upland preserve as described above. • The PCD Design Guidelines have been revised to accommodate the proposed Assisted Living Facility. The revisions are: o Since the ALF is replacing the retail and office uses within the PCD, there will be less pedestrian demand between the existing residential and non-residential uses. As such, the number of linkages between the residential and non-residential uses has been reduced. To mitigate this change, additional walkways have been added within the PCD Buffer A and existing vegetation will be saved within this parkway buffer. o On Page 8, the requirement that roadways within the PCD meet the requirements of Zoning Code Section 78-498 has been replaced with this requirements: "Access to all parcels within the PCD shall be provided through the provision of improved access tracts from the two Central Boulevard entrances. These improved access tracts will function as street connections to the parcels and shall meet the requirements of the City Engineer." o On Page 2, the requirement to have at-grade pedestrian and bicycle pathways cut across the PCD entrance medians has been replace with a requirement that pedestrian and bicycle pathways cross all driveways at grade. The PCD Design Guideline requirement for the pedestrian and bicycle pathway to cross the entrance medians was based on a preliminary design of the entrance. Once construction plans were created, the PCD entries were further designed. At that time, it was determined that a safer design was where the pathway was located beyond the stop bar and the median location. The PCD entrance at the Central Boulevard and Victoria Falls Boulevard was designed, permitted and constructed with the pathway outside of the median and adjacent to the stop bar. This proposed amendment to the Design Guidelines is in recognition of this additional design work, which resulted in a safer entrance for the PCD. The proposed amendment would also allow the southern PCD to match the current design of the project entrances. o On Page 5, the 40,000 square foot maximum building footprint has been maintained, however, the previously-approved exception for groceries have been modified to allow up to a 55,000 square foot building footprint for the ALF. The original limitation on the building footprint for the MXD portion of the Central Gardens PCD was established to ensure the future non-residential buildings were compatible within the mixed use project. This limitation was desired for two reasons: one is the massing of the building in relationship with the other structures on site; and, the exponential growth of impacts associated with larger tenants, such as "big box" retail providers. Although it has a slightly larger building footprint than what was originally planned in the Design Guidelines, the proposed Assisted Living Facility addresses the two concerns with regards to its compatibility with the rest of the site. The ALF is proposed to have a 53,688 square-foot building footprint. The building has been designed to limit any potential impact to surrounding properties. The two-story portions of the building have been placed Page 4 of 16 closest to the existing two-and three-story buildings within the Hamptons at Palm Beach Gardens and the two-story homes within Westwood Gardens. The three- story portion of the ALF is located within the southern wing of the building, which will be located perpendicular to Central Boulevard to limit any visual. In addition, the requested ALF will only have a 16% lot coverage, which 50% is allowed by the PCD approval. The applicant is also providing nearly three (3) times the amount of open space than what is required within a mixed use development. HarborChase at Palm Beach Gardens will be providing 44% open space while 15% is required by the PCD and the City's MXD regulations. The proposed ALF is also more than 200 feet from the homes in Westwood Gardens and 112 feet from the homes in the Hamptons at Palm Beach Gardens. Both setbacks are more than double the minimum setbacks from the adjacent residential communities. In addition to the various design techniques to mitigate the impact of the building size enumerated above, the proposed ALF will reduce the overall impact of the PCD by more than half. With the requested PCD amendment, the number of anticipated number of daily trips and peak AM and PM hour trips will be reduced by 54% for the entire PCD. Other impacts will also be greatly lessened through the proposed change from retail and office uses to an ALF. Site Plan Amendment With this request, the applicant is seeking site plan approval for a 140-bed, 114,864 square foot Assisted Living Facility on 7.72 acres of Parcel B within the Central Gardens PCD. The two and three-story building will house an upscale Assisted Living Facility, which will devote half of its bed to "memory care" services. An Assisted Living Facility is permitted within the PCD with a Major Conditional Use review, which the applicant is also requested concurrently with this request. As indicated in the Site Analysis below, the proposed site plan meets and exceeds all requirements ofthe Central Gardens Design Guidelines and the City's Land Development Regulations. In addition, the conversion of the approved retail and office uses to the requested ALF will significantly reduce the impacts to the area roadways. Site Analysis SITE ANALYSIS: ALF Site Plan within Central Gardens PCD Central Gardens Design Proposed Consistent Guidelines Standards and Central Gardens ALF City's LDRs Site Plan Development 1 acre 7.72 acres Yes Area Open Space 15% 48% Yes Lot Coverage 50% 16% Yes Setbacks Front 90 feet along Central 90 feet along Central Yes Boulevard Boulevard Page 5 of 16 r--------------------------------------------~~------- SITE ANALYSIS: ALF Site Plan within Central Gardens PCD Central Gard ens Design Prop ose d Consist ent Gui d elines Standard s and Ce ntral Gard ens ALF Ci ty's LDRs Site Plan Side 20 feet from Parcel A 35 feet from Parcel A Yes 50 feet from Westwood Lakes 145 feet from Yes Westwood Lakes Side Street 90 feet along Central 90 feet along Central Yes Boulevard Boulevard Rear To be determined by City 140 feet Yes Council Building Height 4 floors or 65 feet 3 floors/49 feet, 3 Yes inches Parking 1 space per 4 residents 1 space per 1.6 Yes residents Arc hitectu r e The architecture of the requested ALF is intended to subtly utilize the Mediterranean Revival vernacular with the proportions of the Mission Style in order to integrate this design into the rich fabric of the Palm Beach Gardens' style. The colors are richer and darker evoking Italian influences. The materials are regionally appropriate with a tile roof and stucco exterior. The windows are accented with bold lintels and where appropriate contrasting shutters. It has a strong classically proportioned entry with a porch and loggia designed using a generous cast- stone cornicing with a stilted, entablature arches. The two and three-story building will be of concrete block construction with a stucco finish. The building colors will be: Main Building Color: Sherwin Williams SW 6345 -"Sumptuous Peach" Accent Color: Sherwin Williams SW 6056-"Polite White" Shutters: Sherwin Williams SW 6062-"Rugged Brown" La ndscap i ng The landscape plan provides a significant increase over the required amount of points for the site. Based on the City's Landscape Code, 11,049 points are required and 19,296 points are provided. More than 240 trees, including 70 live oaks, and 114 palms will be planted on site. As a result, lush landscaping featuring live oaks, royal palms, crape myrtles and other trees and palms is proposed. In addition to the large amount of landscaping within the project, the landscaping plans create multiple focal points for residents and visitors. Focal points have been provided at the building entrance where the specimen plants are located. A fountain at the northeast corner of the project lake will have landscaping and seating areas to create a gathering area for residents, visitors and employees. The parkway buffer along Central Boulevard will feature multiple Page 6 of 16 pathways, existing native trees, live oaks and a butterfly garden. Also, seating areas and lush gardens are also provided within building alcoves, interior gardens and around the building. Signage Monument signage locations have been identified on the concurrently submitted PCD Master Plan. The applicant is seeking approval for the elevations for the monument signs located within the median at the secondary, southern entrance to the site. The proposed monument sign is consistent with the signage dimensions outlined within the Design Guidelines for the PCD. Major Conditional Use The proposed assisted living facility is listed as a Major Conditional Use within the approved Central Gardens Design Guidelines. Pursuant to Section 78-52(d) of the Land Development Regulations, requests for conditional uses require that the applicant demonstrate compliance with the following criteria. For your convenience, I have replicated the criteria in bold and indicated our compliance in italics. (1) Comprehensive plan. The proposed use is consistent with the comprehensive plan. The proposed use is consistent with the City's Future Land Use designation of Mixed Use, as the requested assisted living facility is permitted in residential and non-residential districts within the City. Objective 3.1.4. of Housing Element of the City's Comprehensive Plan encourages housing and specialized services for the elderly within the City. Policy 3.1.4.2. of the Housing Element also encourages the integration of elderly housing and services into commercial and residential areas. Placing the ALF within the site's Mixed Use designation is consistent with the City's Comprehensive Plan. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The proposed development meets and/or exceeds the requirements of the Land Development Regulations and the adopted Central Gardens PCD Design Guidelines. For example, more than 44% of the site is proposed as open space, which is nearly three (3) times the open space requirements for MXD projects. The proposed ALF creates less impact to the surrounding properties than many of the permitted uses within the MXD portion of the PCD. As such, the proposed use is consistent with the City's Land Development Regulations. (3) Standards. The proposed use is consistent with the standards for such use as provided in section 78-159 The City provides for specific criteria for assisted living facilities. The proposed facility will comply and be consistent with the City's criteria found in Section 78-159. (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: a. Providing for a safe and effective means of pedestrian access; Page 7 of 16 The proposed ALF is located within the newly-created Central Gardens PCD. As required by the PCD's Design Guidelines, the ALF will be connected to the adjacent residential portion of the PCD and the City's Parkway system. The sidewalk sizes will range from 5 feet to 12 feet in width. As such, the requested ALF is consistent with the pedestrian access criterion. b. Providing for a safe and effective means of vehicular ingress and egress; The ALF will have two vehicular access points, which were reviewed and approved with the creation of the Central Gardens PCD . The site will have a vehicular connection to The Hamptons at Palm Beach Gardens residential community and to a full intersection onto Central Boulevard. A second vehicular entrance will be right-in, right-out only and will be located off of Central Boulevard. Both entrances will also connect to the remaining portion of the PCD located to the southwest of the proposed ALF. A roadway is proposed as part of the Parcel B site plan which will connect the northern and southern PCD entrances. As a result, each portion of the PCD will access any other portion of the project and both entrances onto Central Boulevard. With the two vehicular access points and the internal connector road, the subject request meets this criterion. c. Providing for an adequate roadway system adjacent to and in front of the site; As the proposed ALF is located within an existing PCD, the roadway network serving the PCD and the requested use also exist. As indicated in the provided traffic impact statement, the proposed use will reduced the overall traffic impacts of the PCD by 54%. The site is served by an adjacent roadway system which is operating at or below its adopted Level of Service. For the reasons listed above, the proposed request is consistent with this criterion. d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and As stated in subsection (b) above, the proposed ALF enjoys multiple access points and the proposed use will not create any adverse impacts to the surrounding roadway network. A connector roadway linking the northern and southern PCD entrances have been provided to allow for internal circulation on the site without using Central Boulevard. From the northern PCD entrance where a full intersection is provided, the primary entry street for Parcel B is provided. This primary street features two 10-foot lanes with two 2-foot curbs, consistent with the City's pavement requirements for a local street. This primary entry street will also have sidewalks, street trees and landscaped medians. The proposed ALF and the future residential portion of Parcel B will have their main vehicular entrances from this primary entry road. From the southern PCD entrance, a secondary entrance to the ALF and future residential portion has been provided. In addition to providing the City-required pavement widths, the secondary street will also feature a five-foot wide sidewalk and a street tree program. The use also provides sufficient parking Page 8 of 16 l which not only addresses the City Code requirements but also meets the need generated by the use based on past ALFs developed by the applicant. e. Providing adequate access for public safety purposes, including fire and police protection. The requested ALF will meet all Building and Life Safety standards and all applicable Department of Health regulations. As the project is an in fill development, the building will enjoy the same level of fire and police protection as the rest of the Central Gardens PCD. Public safety will have access to all four sides of the proposed building. As such, the request meets this criterion. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: a. Noise; Because of the nature of the use, the proposed use will not create noise in excess of the City standards. The loading zone for the project is located on the south side of the building and away from the adjacent Hamptons at Palm Beach Gardens neighborhood. As such, any noise created from this requested facility will not impact any residential areas. b. Glare; The proposed use will not generate any glare. c. Odor; The proposed use will not generate any odor. d. Ground-, wall-, or roof-mounted mechanical equipment; The roof-mounted mechanical equipment will be screened from public view consistent with the City's regulations. e. Perimeter, interior, and security lighting; A photometric plan indicating the proposed lighting and its conformance with the City's lighting standards is attached for your review. The proposed photometric plan is consistent with all code requirements and, thus, meets the above criterion. f. Signs; The proposed monument sign and building signage meets the requirements of the Central Gardens Design Guidelines. g. Waste disposal and recycling; The proposed use will use dumpsters on the site along the south side of the building away from the existing, adjacent neighborhood. h. Outdoor storage of merchandise and vehicles; Page 9 of 16 No outdoor storage is proposed with this use. i. Visual impact; and Landscaping is proposed around the perimeter of the building and around the site. The lush landscaping proposed and upscale building architecture will create a positive visual impact. In addition, landscaped focal points have been provided around the building, overlooking the lake and within building alcoves. The loading area for the facility will be screened from public view. As indicated in the submitted cross-section, the proposed assisted living and memory care facility is located a minimum of 112 feet from the existing three-story apartment building. North of the proposed building will be a two-lane roadway connecting the site and the western portion of Parcel B to the northern PCD entrance. North of this roadway will be a minimum of 8.5 feet of landscaping with an existing 6-foot high wall before the existing apartment community entrance road. j. Hours of operation. The ALF will be a 24-hour facility with residents living and receiving care at the facility. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. With this request, all utilities will be placed underground with the exception of the existing FPL transmission lines. As part of this request, the applicant will be providing an easement to FPL for the overheard transmission lines. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. The proposed use meets all the dimensional requirements of the City Code and Central Gardens Design Guidelines. (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. There are no specific neighborhood plans for this site. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development, The proposed use, building and landscaping are consistent with the character of the Central Gardens PCD and its adopted Design Guidelines. The proposed ALF is permitted, as a Conditional Use, within the PCD. The proposed use is compatible to the mixture of uses located within the PCD and around the Central Boulevard and Victoria Falls Boulevard. As such, the requested use is consistent with this criterion. Page 10 of 16 (10} Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The subject site is the located within an approved PCD which has been designed to accommodate future uses, such as the requested ALF. Through the PCD approval, the impacts of the development were reviewed and addressed. The adopted Design Guidelines will govern the orderly development of the PCD. The subject request is consistent with this criterion. (11} Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city. The proposed upscale ALF within the existing Central Gardens PCD provides a needed service in an area convenient to both workplaces and residences. The building is proposed within a commercial building pad, which has been vacant for nearly 25 years. The proposed use is consistent with the City's goals, objectives and policies. (12} Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. No adverse impacts are anticipated with the proposed use. (13} Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, stormwater management, wildlife, vegetation, and wetlands. The environmental impacts of development were addressed when PCD was approved. At that time, four acres of upland habitat has been set aside for preservation. As the subject site is within the PCD, there are no environmental impacts associated with this request. Waiver Requests The applicant is seeking two waivers from the City's Land Development Regulations. Similar to the waivers requested and granted for the adjacent Hamptons at Palm Beach Gardens residential community, the applicant is requesting a waiver to allow landscaping and improvements within the lake maintenance tracts. These waivers will allow the site to maximize its landscaping and open space areas. Please note that the site features more than 44% open space. The applicant is also seeking a waiver to allow 75 parking spaces for the 114,864 square foot facility as the current parking requirement for assisted living facilities would only require 35 spaces. The additional parking spaces are needed for the employees for this high quality assisted living facility. Improvements within Lake Maintenance Tract The applicant is seeking a waiver from Section 78-563 of the City Code to allow for improvements with the lake maintenance tract (LMT). Within the site's lake's LMT, the applicant is proposing to provide landscaping and a sidewalk in order to amenitize and beautify the lake feature. The applicant is proposing include a five-foot sidewalk, trees, shrubs and groundcover around the lake. Please note that the applicant will provide a 12-foot wide clear area within the LMT for any Page 11 of 16 future maintenance needs. This waiver is requested because a landscaped lake will create a beautiful view for the facility residents and visitors. Consistent with the requirements of Section 78-158 of the City's LDRs, the waiver request shall comply with a majority ofthe criteria listed within the code. The City's waiver criteria are listed below in bold and the responses follow in italics. (1} The request is consistent with the city's comprehensive plan. Goai4.C.1. of the City's Comprehensive Plan requires the City to regulate and provide adequate drainage and stormwater facilities in the community. Consistent with other projects within the City, the proposed waiver will allow for the landscaping of the project's lake while still providing a minimum of 12 feet of clear area for future maintenance activities. The proposed waiver will not adversely impact the drainage system within the project while creating a beautiful amenity for the future residents of the proposed ALF. As such, the proposed request is consistent with the City's Comprehensive Plan. (2} The request is consistent with the purpose and intent of this section. The purpose and intent of this Section 78-158 is to promote creative and innovative design through the planned development process. With the waiver request, the applicant will be able to provide a creative and innovated design to beautify the project lake while retaining its functionality. As such, the waiver request is consistent with the purpose and intent of Section 78- 158. (3} The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. The requested waiver would allow for landscaping and a sidewalk within project's lake maintenance tract. These requested improvements will change a drainage utility function to a focal point within the project. In addition, the proposed site plan is part of the overall Central Gardens MXD PCD which will have a mixture of uses, interconnections between uses and extensive open spaces, which are all encouraged within the City's goals, objectives and policies. (4} The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. The requested waiver will allow for the provision of a landscaped lakefront within the project. This will create a qualitative environment for the residents of the facility. In addition, the proposed site plan includes exceptional architecture, additional open space and exceeds the landscaping points requirements. (5) The request for one or more waivers results from innovative design in which other minimum standards are exceeded. Page 12 of 16 As stated earlier, the proposed landscaping and sidewalk along the lakefront will enhance the look and functionality of the project. Please note the proposed use will generate less traffic than the other approved uses allowed within the non-residential portion of the PCD. In addition, the site is providing 44% open space, which is nearly three times the City requirement for mixed use projects. (6} The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. With the PCD approval, 4 acres of upland habitat and 0.4 acres of wetland will be preserved within this infill site. The requested waiver does not affect the amount of land dedication to preservation on site. (7} The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. The proposed waiver allows for creative and innovative land design, which is encouraged by the City through its policies and regulations. The site plan features desirable architecture, innovative building locations and enhanced pedestrian amenities. (8} Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The provision of landscaping and other improvements around the project's lake will not require any additional screening. (9} The request is not based solely or predominantly on economic reasons. As the applicant is requesting to add more landscaping and other improvements around the lake than what is required by code, the requested waiver is not based on an economic reason. (10} The request will be compatible with existing and potential land uses adjacent to the development site. The requested waiver to allow for improvements within the lake maintenance tract is interior to the property and will not adversely impact the view from adjacent properties or rights-of-way. (11} The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. Page 13 of 16 The w aiver request will allow for landscaping and sidewalk improvement which will enhance the aesthetic quality of the project. Any impacts to the public health, safety and welfare are negligible. Ad d itio nal Parking Spaces The applicant is seeking a waiver to Section 78 -345 (d)(1) to allow additional parking spaces on site in excess of 10% of the total requirement. Code requires that additional parking spaces be offset by ad d itiona l open space. The additiona l parking is needed for the assiste d living and mem o ry care facility because the facility will have more employees than anticipated for such uses within the City's parking regulations. The proposed facility will have approximately 114 total employees servicing the facility on an around-the-clock basis with no more than 75 employees during the busiest times. The applicant is proposing more than the additional open space required by this provision. Below is a ca lculation on how the site meets this criterion for the waiver request. Parking Provide d -75 spaces Parking Required-35 spaces Difference between Provided and Required parking spaces-40 spaces above requirement (Code allo ws 10% above required parking amount) Difference between 40 additional spaces and 10% standard (3.5 or 4 spaces for site plan)-36 parking spaces 36 parking spaces x 185 square feet for parking space size= 6,660 square feet of additional parking space area 6,6 60 sq u ar e feet x 1.5 ratio for additiona l open space = 9,990 square feet of open space required Within the site plan: 2.67 acres of open space provided (44% of site-does not include parkway or up land preserves) 1.16 acres of open space required 1.51 acres or 65,775 square feet of additional open space provi ded . The 9,990 square feet of additional open space required for the additional pa rking is part of the 65,775 square feet of additional open space provided within the site pla n. Consistent with the requirements of Section 78-158 ofthe City's LDRs, the waiver request shall comply with a majority of the cr iteria listed within the code. The City's waiver cri t eri a are listed bel o w in bold and the responses follow in italics. Page 14 of 16 (1) The request is consistent with the city's comprehensive plan. The City's Comprehensive Plan requires the City to regulate the off-street parking within development projects in order to facilitate access to individual uses. The requested waiver allows for additional parking which will be needed to serve the employees for the proposed facility and not create any off-site issues. The proposed request is consistent with the City's Comprehensive Plan. (2) The request is consistent with the purpose and intent of this section. The purpose and intent of this Section 78-158 is to promote creative and innovative design through the planned development process. With the waiver request, the applicant will be able to providing additional parking to serve the employees for the proposed assisted living and memory care facility. The proposed high-quality facility will have more employees, an estimated total of 114, than what was anticipated when the parking standards for assisted living facilities in the City were created. The additional parking area has not impacted the required open space for the site as the applicant is providing three times the amount of required open space. As such, the waiver request is consistent with the purpose and intent of Section 78-158. (3) The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. The requested waiver would allow for additional parking spaces, in excess of 10% of the requirement, to be included in the project. The additional parking spaces, in various forms located throughout the community, will be a benefit for employees of the facility and not create an off- site parking problem. In addition, the proposed site plan is part of the overall Central Gardens MXD PCD which will have a mixture of uses, interconnections between uses and extensive open spaces, which are all encouraged within the City's goals, objectives and policies. (4} The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. The requested waiver will allow for the provision of additional parking spaces within the project. The additional open space which is required by the code criteria for this waiver has been exceeded within the project plans. In addition, the proposed site plan includes exceptional architecture, additional traffic circulation for the project and exceeds the landscaping points requirements. (5} The request for one or more waivers results from innovative design in which other minimum standards are exceeded. As stated earlier, the additional spaces are the result of the advanced staffing levels of such assisted living and memory care facilities. Innovative design techniques have been used to ensure Page 15 of 16 adequate parking is provided while still exceeding City requirements for building setbacks, open space and landscaping points within the project. (6) The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. With the PCD approval, four {4) acres of upland habitat and 0.4 acres of wetland will be preserved within this infill site. The requested waiver does not affect the amount of land dedication to preservation on site. (7) The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. The proposed waiver allows for creative and innovative land design, which is encouraged by the City through its policies and regulations. The site plan features desirable architecture, aesthetic landscaping design and pedestrian amenities. (8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The provision of additional parking spaces does not require any additional screening. (9) The request is not based solely or predominantly on economic reasons. As the applicant is requesting to build additional parking spaces, the requested waiver is not based on an economic reason. (10} The request will be compatible with existing and potential land uses adjacent to the development site. The requested waiver to allow for additional parking spaces will not impact or be seen from adjacent properties or rights-of-way. (11) The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. The waiver request will allow for a safe and efficient parking within the project. Any impacts to the public health, safety and welfare are negligible. Page 16 of 16 Location Map - HARBOR CHASE AT PALM BEACH GARDENS PALM BEACH GARDENS, FL AERIAL LOCATION MAP A N 1 RESOLUTION 8, 2015 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO 6 THE PLANNED COMMUNITY DEVELOPMENT (PCD) MASTER 7 PLAN FOR THE CENTRAL GARDENS PCD LOCATED ON THE 8 SOUTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD 9 AND CENTRAL BOULEVARD, AS MORE PARTICULARLY 10 DESCRIBED HEREIN ; PROVIDING MINOR ADJUSTMENTS TO 11 THE PRESERVE, THE DESIGN GUIDELINES, AND PCD 12 LANDSCAPE BUFFERS, AND CONVERT 57,500 SQUARE FEET 13 OF RETAIL SPACE AND 40,784 SQUARE FEET OF GENERAL 14 OFFICE TO ACCOMMODATE A 140-BED ASSISTED LIVING 15 FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PCD; 16 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN 17 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 18 19 20 WHEREAS, the City Council, as the governing body of the City of Palm Beach 21 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 22 Statutes, and the City's Land Development Regulations, is authorized and empowered 23 to consider petitions related to zoning and land development orders; and 24 25 WHEREAS, the City Council adopted Resolution 28, 2012, approving the Central 26 Gardens PCD for a development program consisting of 57,500 square feet of retail use, 27 40,784 square feet of office use, and 348 multi-family units located on the Parcel 28 31 .06/07 PCD , which is comprised of approximately 41.75 acres and is located at the 29 southwest corner of Hood Road and Central Boulevard ; and 30 31 WHEREAS, the subject site has a Planned Community Development (PCD) 32 Overlay zoning designation and has the land use designations of Mixed Use (MXD) and 33 Residential High (RH); and 34 35 WHEREAS, the subject site is included in the Bioscience Research Protection 36 Overlay (BRPO); and 37 38 WHEREAS, the Planning and Zoning Department has reviewed the application, 39 has determined that it is sufficient and consistent with the City's Comprehensive Plan 40 and Land Development Regulations, and has recommended approval ; and 41 42 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the PCD 43 amendment petition at its January 13, 2015, meeting and recommended approval of the 44 subject petition by a vote of 6 to 0; and 45 46 Page 1 of 5 Resolution 8, 2015 1 WHEREAS, the City Council deems approval of this Resolution to be in the best 2 interest of the health, safety , and welfare of the residents and citizens of the City of 3 Palm Beach Gardens and the public at large. 4 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 7 OF PALM BEACH GARDENS, FLORIDA that: 8 9 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 10 11 SECTION 2. The Planned Community Development (PCD) amendment is hereby 12 APPROVED for the following described real property to amend the PCD master plan, 13 make minor adjustments to the preserve, design guidelines, and PCD landscape buffers, 14 and convert 57,500 square feet of retail space and 40,784 square feet of general office 15 space to accommodate a 140-bed Assisted Living Facility within Parcel B of the Central 16 Gardens PCD, subject to the conditions of approval contained herein, which are in addition 17 to the general requirements otherwise provided by resolution for the real property 18 described as follows: 19 20 LEGAL DESCRIPTION: 21 22 THE PLAT OF CENTRAL GARDENS AS RECORDED IN PLAT BOOK 115 ON PAGES 23 190 THROUGH 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY , 24 FLORIDA. 25 26 SECT ION 3. This approval is subject to the following conditions, which shall be 27 the responsibility of and binding upon the Applicant, its successors , or assigns: 28 29 1. The Conditions of Approval listed in Resolution 28, 2012 remain in effect. 30 (Planning and Zoning) 31 32 2. Prior to the issuance of any building permit , including land clearing , land 33 alteration , and infrastructure, the Applicant shall provide an updated 34 Preserve Area Management Plan for staff review and approval. (Planning 35 and Zoning) 36 37 3. Prior to the approval of any site plan for the remaining portion of Parcel B, 38 the Applicant shall address the impacts of the proposed Seacoast Utility 39 Authority (SUA) well-site easement as they relate to PCD Buffer 'D' and its 40 implementation . (Planning and Zoning) 41 42 43 44 45 46 Page 2 of 5 Resolution 8 , 2015 1 4. Prior to the issuance of any building permit, including land alteration, land 2 clearing , and/or infrastructure, the Applicant shall prepare and submit a tree 3 inventory report of all Pine trees within the portion of the Central Boulevard 4 Parkway adjacent to this project in order to protect and preserve high-quality 5 Pine trees. If necessary, as determined by the Director of Planning and 6 Zoning , the proposed sidewalk within the parkway shall be adjusted to 7 meander around existing high-quality native Pine trees to be protected and 8 preserved . (Planning and Zoning , City Forester) 9 10 5. Prior to any land alteration , an environmental survey shall be submitted to 11 identify and inventory all listed plant and animal species and a relocation 12 plan. All listed/protected plant and animal species shall be protected 13 through the appropriate permitting agency. The environmental survey shall 14 ensure compliance with the approved Preserve Area Management Plan 15 (PAMP). The environmental survey shall be submitted for review and 16 approved by staff. (City Forester) 17 18 6 . The Applicant is required to re-plat the site to include all changes to the 19 preserve, utilities, lakes, maintenance tracts, etc. Prior to the issuance of 20 the infrastructure permit or the issuance of the building permit for the vertical 21 construction , whichever occurs first, the Applicant shall receive a Technical 22 Compliance Approval (TCA) letter for the re-plat of this project from the 23 Planning and Zoning Department, in accordance with the City's LOR. Prior 24 to the issuance of a vertical building permit, the re-plat for this project shall 25 be approved by City Council. (Engineering) 26 27 7 . Prior to the issuance of the Certificate of Occupancy for the Assisted Living 28 Facility , the Applicant shall provide pedestrian scale lighting along Central 29 Boulevard . All lighting shall be spaced out as much as possible. A signed 30 and sealed photometric plan shall be submitted for review and approval by 31 the City. (Engineering) 32 33 SECTION 4. This petition is approved subject to strict compliance with the 34 Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "A". 35 36 1. Central Gardens Master Plan , Sheet MP-1 , prepared by Urban Design 37 Kilday Studios, Inc., revised on December 24, 2014. 38 39 2 . Central Gardens Landscape Buffer Key , Sheet L-1 , prepared by Urban 40 Design Kilday Studios, Inc., last revised on December 5, 2014. 41 42 3. Central Gardens Landscape Buffer Key , Sheet L-2 , prepared by Urban 43 Design Kilday Studios, Inc., last revised on December 5, 2014. 44 45 4. Central Gardens Landscape Buffer Key, Sheet L-3, prepared by Urban 46 Design Kilday Studios, Inc., last revised on December 5, 2014. Page 3 of 5 Resolution 8, 2015 1 5. Central Gardens Landscape Buffer Key , Sheet L-5, prepared by Urban 2 Design Kilday Studios, Inc., last revised on December 5, 2014. 3 4 6. Central Gardens Landscape Buffer Key , Sheet L-1.31 , prepared by Dix- 5 Lahtrop and Associates, Inc., as amended by Urban Design Kilday Studios, 6 Inc., on December 5, 2014. 7 8 7 . Central Gardens PCD Design Guidelines , prepared by Urban Design Kilday 9 Studios, Inc., revised December 2014. 10 11 SECTION 5. All representations made by the Applicant or the Applicant's agent 12 at any public hearing regarding this application are specifically incorporated herein , and 13 this approval is granted subject to same. 14 15 SECTION 6. This Resolution shall become effective immediately upon adoption. 16 17 18 (The remainder of this page intentionally left blank) 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 8 , 2015 PASSED AND ADOPTED this __ day of _______ , 2015 . CITY OF PALM BEACH GARDENS, FLORIDA BY: -------------------------------Robert G . Premuroso , Mayo r ATTEST: BY: ~----~~---------------Patricia Sn ider , CMC , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman , City Attorney VOTE: AYE NAY ABSENT MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COU NC ILMEMBER TI NSLEY COUNCILMEMBER LEVY G :\attorney_share\RESOLUTIONS\20 15\Resolution 8 20 15 -Amendment to Central Gardens PCD -ALF .doc Page 5 of 5 Resolution 8, 2015 EXHIBIT "A" I LOCATION MAP NOT TO SCALE * INDICATES PROPOSED MONUMENT SIGNAGE (max. 7 signs pennittsd, 6 signs proposed) ± LEGEND : N:.. •ACRES BlDG. • BUILDtNG PG. •PAGE O.R.B. • OfFICIAL RECORD BOOK S.UA • SEACOAST UTILITY AUTHORITY SP. • SPACE L.M.E. • LAKE t.WNTENAHCE EASEMENT U.E. • IJTIUTY EASEMENT G.F.A • GROSS FlOOR /IlEA SF. .... R T.BA T.R. BR. M T'I'P. • SQUARE FOOTAGE "'MINIMUM • RADIUS • TO BE ABANDONED •TO REMAIN •BEDROOM • MODEL UNITS •TY!'ICAI. MXO --10:_:::---------> --------""'-"<l i /~ o.~Ac. l ' ' ' ---·-I \··----~~====:::>/ RESIDENTIAL PARCEL A r------=M=AS~~~R~M=O~N=U=M=E=NT~S=I=G=NA=G=E~P=R=OG~RA~M~----~~~~~~~jr:~ PCO PROJECT ID SIGN • VICTORIA F<IU.S EN11W«:E"""" MEDIAN gJc5 iS~Il .)._. " . ----+ RESIDENTIALID SIGN • CORNER Of HOOD I CENTRAL PARCELB MASTER MONUMENT SIGNAGE PROGRAM VARI411l.E MOTI-4 '00111 £JICbJS.Y£ U.~ {0 .... 6 >4U7,"'C '5'51."3C't.) S4:!'06"«"w lM'~"(C)(CFT) S.4:1""08"J:!'W )etJ'(iJ) PCD WAIVERS: ;•.nn~·,. z• 79:c:(:F"J ~ •J"J9"2l'll 2• ~.a·:J) Waiver from Section 78-155(m) of the City Code to allow for the creation of a PCO on less than 50 acres. The appticant t1 proposing 41 .75 acres. Waiver from Section 78-284 of the City Code to allow for the reduction d a 15-foot setback for the proposed monument sign location at the southwest comer c:A Hood Road and Central Boulevard. The applicant is proposing a 1 o-foot setback for this one sign. Waiver from Section 78-287 d the City Code to alkHI for the reduction of the side landscaping requirements for the proposed monument sign within the median at the projed:'s main entrance. JO' W~TEI'I .QIO SEWER tASDIIENl (O.I!EI 4248.PG.71J.P.I.C.R.) RESIDENTIAL SUMMARY PARCEL'A' PARCEL 'B' TOTAL UNITS UNITS 224 124 348 GROSS DENSITY (348 UNITS I 41.75 AC.) 8.33 DUlAc. NON-RESIDENTIAL SUMMARY ASSISTED LIVING FACILITY S.F. 114,864SF 140 Beds SITE SUMMARY ACI!all! UPLAND PRESERVE 4 .00 AC. LAKE AREA (WATER SURFACE ) 4.82 AC. -: Flrlallol<o-.alltldconfig<niJon lobe -.-onfllolltep/1111(1) PCD OPEN SPACE SUMMARY Min. 20% ~uiNd for oven~l 41 .75 AC .PCO .. 8 .35 .:. UPLAND PRESERVE BUFFERS I PARKWAY PERIMETER EASEMENTS Acreage Percentage 4.00 AC. 9.5% 4.35 AC. 6.3% 2.29 AC. 8.2% 10.64 AC. 25% ~00'48'0J"E,(C){CF T). N00'48'04"E,(O) 1,226.38'(0) 1,226 48'(C){CFT) TOTAL PCD SITE DATA: PETITION NO. GROSS OVERALL LAND AREA: (NOT INClUDING 0.061 AC.LESS OUT PARCEll PARCEL A PARCELS NON-RESllENTIAL RESIOENTlAL LAND USE DESIGNATION: EXISTING ZONING DISTRICT: TBD 41.75ACRES 22.73ACRES 19.02ACRES 7.nACREs 11.30ACRES RHIMXD PCO(MXO) PROPERTY CONTROL NUMBERS: 52-42-41-3!;-13-001-0000 52-42-41-35-1:Hl12-0010, 0020, 0040,0050, 52-42-41~16-0020, 01!;-0000, 002.0000 APPLICABLE OVERLAY(S): PARKWAY OVERLAY DISTRICT LAND USE DESIGNATION SUMMARY ACREAGE MXO LAND USE ACREAGE: RH LAND USE ACREAGE: 21 .16AC. 20.59AC. 41.75AC. 21.16 ACRE MXD LAND USE BREAKDOWN LAND USE COMPONENT MINIMUM% MAXIMUM% PROPOSED RESIDENTIAL 40% 60% 49% • 10.27 AC. NON-RESIDENTIAL 35% 55% 36% • 7.72 AC. OPEN SPACE 15% 15%-3.17 AC. 20.0'FPt.CNERHEAD TRANSMISSION UNE CORRDOR ' SOU~liu,.EO!" I>.&JI:CELJ106 (;n.., LA'*O ~SE aou,.,o .o.~"] --~-=-=-/,.---..... -.................... ,/ 12' .ATU 4NO SEW(" EASE!otQIIf (OR.&. ~<~·821, PC 1!411, <>&.CR.) RH --20.59Acnlo \l\,.~ . ~Trod ·--.. 3.82Ac. 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IPLV<" sc ® 0 0 0 ~ ~ @ -0 • 0 I ~'l"~ -;:,:;::' •~ ------ 90' PARKWAY BUF ER F.;;.;; r--.,;;.;,- r;;.;= r- po....· p;.; ,;.;; ;;;;.~ .... - / ·-- • > ' " Urban Planning & Design landscape Architecture Communication Graphics n.omc..atCIIyP~Ke 477 I.~ Aw.., Suite 225 w..t PIIIM a..c:h, FL 3l4t1 1111.311.1100 FAX 511.311.1111 --lldlwtudto..com ll.CC000035 -..... -.-................... nto. ___ .. --by-........... -~ ...... 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Graphics and photographs within this document are strictly examples to illustrate design concepts or standards. Li n kag es Each residential and non-residential building shall be connected to sidewalks which are then connected to the project's sidewalk network and ultimately to the City 's Parkway System . The pedestrian connection between residential and non-residential uses shall be a minimum of six (6) feet in width . A minimum of two pedestrian connections shall be created between the RH and MXD land uses within the PCD . The connection shall be shaded by canopy trees or palm clusters in order to provide comfort to pedestrians. The PCD shall include at least one internal vehicular connection between residential and non- residential uses as a means of eliminating potential trips from the surrounding arterial roadways . Landscape divider medians with at grade bicycle and pedestrian connections shall be provided at driveways over thirty (30) feet in width providing Design Guidelines ingress or egress to the site. The minimum width of this median shall be six (6) feet. The minim um length of this median shall be twenty-five (25) feet. A minimum width of five (5) feet of landscape area shall be provided . One tree and appro priate ground cover shall be planted for each (20) linear feet of the divider median . As a variety of transportation options are encouraged , it is important to provide proper secure parking areas for not only vehicles, but bicycles as well. Bicycle parking shall be provided as follows: • one bicycle space shall be provided for every 20 units . • one bicycle space shall be provided for every 20 vehicle parking spaces serving non- residential uses. 3 Design Guidelines Lake Ameni ties Each lake within the PCD , including residential and non-resi dential portions, shall provide at least one decorative fountain for aeration purposes . The existing retention area at the southwest corner of Hood Road and Central Boulevard shall be exem pt from this requirement because of its relative small size and the fluctuation of its water levels. The lake within the residential portion of the PCD shall be amenitized to promote pass ive and recreational activities , such as pathways, pedestrian ligh t ing and landscaping . These improvements shall not impede the required maintenance of the lake. Lakes within the non- residential portion of the PCD shall provide adjacent landscaping and options to create view corridors across the water body. Gathering Areas Each Parcel within the PCD shall include a pedestrian gathering area which is geared toward passive activities . These gathering areas shall be defined as sitting areas either shaded by landscaping or man-made features , open green space that encourage unstructured play, trails around lakes , pathways within upland preserves , hardscaped plazas with benches , shaded areas and landscaping and other areas deemed acceptable by City Council. Street Lighting All street and pedestrian lights within the project shall be in conformance with the City's lighting regulations. Consistent with adjacent Paloma Planned Unit Development, no pedestrian lighting is proposed along the Hood Road parkway. Similar to the Paloma PUD , a 30-foot Seacoast Utility Authority easement for a main water line runs along the southern boundary of Hood Road on the subject property. As such , lighting fixtures could not be placed within that 30-foot utility easement because footers for the light poles would not meet the utility's minimum separation requirement from the existing water main . In addition , Palm Beach County has determined that street lights will not be provided along Hood Road in this area. The County Engineer has determined that pedestrian lighting cannot be permitted in the Hood Road right-of-way if street lights are not present. This .----------------------------------- I determination was made because the presence of pedestrian lighting without street lighting would cause confusion for motorists and the sidewalk could be mistaken for the roadway. As a result , consistent with streetscape along Hood Road within the Paloma PUD , pedestrian lighting will not be provided along the Hood Road parkway. Compatible Street Furniture Street furniture , such as street lighting, pedestrian lighting, trash receptacles, and pedestrian benches shall be used and be compatible throughout the entire PCD. Mechanical Equipment Mechanical equipment shall be completely screened by walls and/or opaque landscaping from surrounding properties and public view, consistent with the City 's Land Development Regulations . WESTWOOD LAKES N>AATMENTS I ~ SUBJECT SITE Design Guidelines W RESIDENTIAl. BVILOtNG SETliACI( 1 ·-~··-~ I • 100' NON-ru:SIOtNTIALBUUli<G SETBACK Development Standards Improvements within the PCD shall developed in accordance with the standards listed below. The standards are established to create a unified development which establishes a quality, livable environment while mitigating at impacts to the surrounding properties . 25' EXISTING r PCDBUFFER 50' ~0 STORY RESIDE~!_~ i BUILDING SETBACK 75' THREE STORY RESIDENTIAL BUILDING SETBACK -------100' FOUR STORY NON-RESIDENTIAL BUILDING SETBACK ----------------------------------------------------------------------------------------------------- Design Guidelines ------. le ear ax1mum Building Footprint I! MXD -City Council determines setbacks MXD -City Council 20 feet from Parcel B determines setbacks MXD -City Council determines setbacks MXD -City Council determines setbacks ee or o s ory buildings and 75 feet for three story buildings adjacent to Westwood Gardens. 25 feet for two story buildings and 50 feet for three story buildings adjacent to MXD portion of PCD. ee or o s ory res1 en 1a u1 1ngs , 75 feet for three story buildings and non- residential buildings, and 1 00 feet for four story buildings adjacent to Westwood Gardens. 25 feet for two story buildings, 50 feet for three story buildings and 75 feet for four story buildings adjacent to RH portion ofPCD. Architectural Standards In order to provide the parameters for quality development of a consistent architectural style within the PCD , the following architectural standards are provided . Building Des ign Principles All buil d ing wi t hin the Central Gardens PCD shall comply with the following principles: 1. Architectural features and patterns shall be included in all buildings in order to provide visual interest. Facades shall be designed to break down large elements in scale and mass where appropriate . Bui lding wall offse ts, projections and recesses shall be used to provide architectural interest. 2. Exterior spaces , such as courtyards and plazas , shall be designed to enhance the surrounding buildings and may include pedestrian amenities such as landscaping , artwork , benches and other street furniture . 3. Building facades shall be designed to be compatible and harmonious with other buildings within the PCD . This is not a requirement for ide ntical buildings . Compatibility shall be achieved through the appropriate use of Design Guidelines scale , proportions , form , color, textures and ma terials . 4. Community buildings and non-residential buildings located at a corner shall be designed with distinct architectural features related to its significant location or purpose. The distinct architectural features may include corner towers , variety in rooflines and offsets of the fa~ade walls . 5. Non-residential building exteriors adjacent to pedestrian walkways shall provide some shelter from the elements , such as awnings , arcades , porticos and overhanging eaves. 6 . Buildings should reinforce a pedestrian scale in details and massing at the building 's ground floor. For non-residential and mixed use buildings , all building facades at the ground floor level shall have at least 50 percent of the fa~ade length defined by windows , doorways , arcades or other architectural features . For exclusively residential bu ildings , all building facades at the ground floor shall have a minimum of 40% of the fa~ade length defined by windows , doorways and other architectural features . 7 . The location of primary entrances to buildings shall be emphasized by building massing , ,---------------------------------------------------------------------------------------, Central Gardens Design Guidelines such as tower features, fac;ade indentations and increased height. 8. Roofing material shall be constructed with durable , high-quality material in order to enhance the appearance and attractiveness of the architecture . Mansard roofs are discouraged within the PCD . 9 . Variations in rooflines should be used to provide visual interest and to reduce massing within buildings of the PCD . Each roofline along each elevation shall provide at least one of the following design elements : a. Articulated parapets along at least 30 percent of the roofline of an elevation ; b. Pitched roof with a minimum of a 12-inch overhanging eave; or c. Two of more plane breaks or slopes per fac;ade elevation . 10. Each roofline along each elevation shall provide at least one of the following design treatments: a . Decorative roof details, including but not limited to cupolas , dormers, balconies , terraces, rafter tails or exposed beams; b. Cornices with decorative moldings; or c. Pediments, porticos, decorative towers , or architectural features at entryways ." 11 . Drive-thru facilities shall be screened from residences and from the public right-of-ways. 12 . Buildings within the PCD shall provide four- sided architecture so that any banding and architectural features are provided on all sides of the building . This provision shall not preclude the provision of loading docks , garages or other features that are usually provided in the rear of a building . Preferred Building Materials The following are the preferred materials for building exteriors within the PCD: 1. Stucco; 2. Architectural pre-cast concrete ; 3. Glass ; 4. Natural stone or simulated stone; 5. Brick; 6. Wood or simulated wood ; 7. Exterior Installation and Finishing System (EIFS) or similar for accents and trim features ; 8. Metal , vinyl or synthetic architectural features such railings , awnings and shutters 9. Additional materials with the approval of City Staff. Building Colors 1. Building colors shall complimentary in nature and should avoid any stark contrasts , unless part of a specific design theme . 2 . At least four (4) building material colors shall be used on each building. 3. Transition of color on a building is encouraged to occur at inside , and not exterior, building corners . Creation of Vistas The applicant shall create pleasant vista at the termination of views along streets within the project. The vista could include architectural features, enhanced landscaping and lake views . The components of the vista view shall be determined during the site plan review process for each parcel within the PCD . Parking and Loading Requirements Sufficient parking shall be provided to meet the needs of the proposed uses within the project. The project's parking requirements shall be in conformance with the City's parking standards (Section 78-345), unless waived by City Council. On-street parking is permitted and the dimensions shall meet City standards, unless waived by City Council. As this project is a mixed use project , parking demands for the various uses may fluctuate through the day. As such , the applicant may determine the parking demand for a particular use or uses through the use of the City's Shared Parking standards (Section 78-346). Central Gardens Design Gu ide lines Loading standards shall follow the City 's regulations (Section 78-364) unless waived by City Council. Loading facilities , when applicable , shall be placed along the side or rear of building and shall be screened f rom public view. Street and Sidewalk Standards Access to all parcels within the PCD shall be provided through the provision of improved access tracts from the two Central Boulevard entrances . The Applicant shall prov ide roadway cross sections for the improved access tracts for approval during the site plan rev iew process . These improved access tracts will function as street connections to the parcels and shall meet the requ irments of the City Engineer. In addition , parking lots with drive aisles will be provided to address parking requirements . Street trees shall be provided along both sides of the streets in order to define the streets and provide shade for pedestrians . Sidewalks may be located adjacent to the local streets or may be provided parallel to the street through an alte rn ati ve route through open space . Sidewalks shall connect each res identia l unit and the entrance to non-residential uses to each other and the surrounding City Parkway system . Sidewalks widths may range in width f rom four (4) to 12 feet. A minimum of 4 feet of clear space within the sidewalk shall be maintained . Landscaping Landscaping within the project shall be consistent with the requirements ofthe City 's landscape code . The foundation planting requirements for non- residential buildings shall follow the requ irements 9 of Section 78-320 or request a waiver from City Council for alternate designs. For the foundation for the multi-family homes, which are not addressed within the City's landscape code, the following requirements shall apply. 1. A foundation landscaped area shall be provided for all building facades . 2. The foundation landscape area shall be equal to the full linear length of the building base, with the exception of entries to garages and the building , and have a minimum depth of six (6) feet. 3. At least 50 percent of the required landscaped area shall consist of landscaping capable of achieving a minimum of 30 inches in height, with one shade tree or 3 palm trees planted for each 50 feet or fraction thereof of the lineal building fac;ade and within 10 feet of the fac;ade, or one understory tree, which is a species that normally grows to 15 to 35 feet in height, or palm tree planted for each 30 feet or fraction thereof of the lineal building fac;ade and within 10 feet of the fac;ade . Palm trees adjacent to three-story buildings shall have a minimum of 15 feet of clear trunk and palms adjacent to two-story buildings shall have a minimum of 1 0-feet of clear trunk . Root barriers will be placed around trees seven (7) to 10 feet from road rights-of-way, sidewalks or utilities in order to protect such facilities. All new tree and palm locations proposed on future landscape plans will be selected based on the mature height and spread of the species to prevent conflicts with buildings, signage, utilities and drainage. Signage Standards Signage and graphics play a major role in establishing the theme and aesthetic character of a community. Each parcel within the Central Gardens PCD shall provide its own signage designs for City approval. However, all signage within the PCD shall be compatible. The signage shall include signage for the projects main entry points located on Central Boulevard . Street signs, directional signs , informational signs, vehicular safety signs, temporary marketing signs, and identification signs for individual parcel within the project shall be provided to the City for review . The design of on-site signage shall be a function of responding to the marketing plan for community or individual development parcel. Color, shape, letter styles, graphic design , and logos shall be utilized to create a cohesive theme, which shall be carried out throughout the community. Variations shall be permitted within the context of the overall theme . Monument signs shall be limited as follows: • Maximum sign height, measured from finished grade to highest point-ten (1 0) feet; • Maximum sign face area per side-60 square feet; • Maximum number of signs -seven (7) • The maximum width of the sign area shall be a maximum of 15 feet. Architectural features, such as columns and landscaped planters , may be included with a monument sign as part of an overall design of the sign area , with City Council approval. Directional signs shall be provided within the project to guide visitors and residents to buildings and uses . Internal signage adjacent to the upland preserve and parkway shall be used to inform residents and visitors of these special open spaces and the permitted activities which can occur within them . These types of signs shall be reviewed and approved by City staff. Central Gardens De si gn Gui deli nes CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5, 2015 Resolution 9, 2015 Subject/Agenda Item: Site Plan and Major Conditional Use Public Hearing and Consideration for Approval: A request by Central Gardens LLC, the property owner, and Silverstone Healthcare Company LLC, the Applicant, for approval of a site plan and major conditional use application to allow the development of a 140-bed Assisted Living Facility within Parcel B of the Central Gardens Planned Community Development (PCD). The Central Gardens PCD is located on the southwest corner of Hood Road and Central Boulevard . [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Develo ment Compliance and ni g Manager Approved By: Originating Dept.: Finance: Planning & Zoning: Accountant Project Manager Fees Paid: N/A Funding Source: [ ] Operating [X] Other N/A ~------------~ [X] Quasi-Judicial [ ] Legislative [X] Public Hearing Advertised: [X] Required [ ] Not Required Date: 01/21/2015 Paper: Palm Beach Post Budget Acct.#: N/A Effective Date: N/A Expiration Date: f-------------------i N/A .!...:!.!...:....__ ___ _ [ ] Not Required Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: __ Attachments: • Development Applicat ion • Location Map • Resolution 9, 2015 EXECUTIVE SUMMARY Meeting Date: February 5, 2015 Resolution 9, 2015 Page 2 of 13 The Applicant is requesting approval for a site plan and major conditional use application to accommodate a 140-bed Assisted Living Facility within Parcel B of the Central Gardens Planned Community Development (PCD). The 140-bed Assisted Living Facility is being proposed in a 114,864-square-foot two-(2) and three-(3) story building on a 7.72-acre site within Parcel B. The Assisted Living Facility will accommodate two (2) types of care: memory care and assisted living . The Applicant is requesting two (2) waivers. Staff recommends approval of the site plan and major conditional use application . BACKGROUND The subject property was annexed into the City in 1990 and designated as Mixed Use (MXD) and Residential High (RH). On May 3, 2012, the City Council passed and adopted Ordinance 12, 2012 and Resolution 28, 2012, approving the rezoning of the Central Gardens PCD from Planned Development Area (PDA) to Planned Community Development (PCD) with a Master Plan approval for 348 multi-family residential units, 57,500 square feet of general retail, and 40,784 square feet of general office. On May 3, 2012 , the City Council passed and adopted Resolution 30 , 2012, approving the site plan for Parcel A within the Central Gardens PCD allowing the construction of 224 multi- family units. (The remainder of this page intentionally left blank) LAND USE & ZONING Meeting Date: February 5, 2015 Resolution 9, 2015 Page 3 of 13 The subject site has two (2) land-use designations, as shown on the City's Future Land Use Map, which consist of a 19 .02-acre Mixed Use (MXD) parcel on the southern portion and a 22 .73-acre Residential High (RH) parcel on the northern portion. The zoning designation for the subject site is Planned Community Development (PCD). The land uses and zoning designation of the properties surrounding the subject site are provided in the table below. Table 1. Existi ng Z o ni ng & Futu re L and -Use Des ignati ons EXISTING USE ZONING LAND USE Sub ject P ro~ert~ Mixed Use (MXD) I Vacant I Planned Community Development Residential High (RH) I Hamptons at the Gardens (PCD) Bioscience Research Protection Overlay (BRPO) No rth Planned Unit Development (PUD ) San Michele Planned Unit Overlay I Residential Low 3 (RL-3) Residential Low (RL) Development (PUD) South Planned Community Development Residential Medium (RM) and Old Palm Planned Community Development (PCD) (PCD) Residential High (RH) East Planned Unit Development (PUD) I Residential High (RH) and Paloma Planned Unit Residential Low 3 (RL-3) Residential Low (RL) Development (PUD) I Parcel 31.04 Planned Unit Planned Unit Development (PUD) I Mixed Use (MXD) Development (PUD) Mixed Use (MXD) West Planned Unit Development (PUD) I Residential Medium (RM) Westwood Lakes Residential Medium (RM) CONCURRENCY Traffic Concurrency On May 3, 2012, the Applicant received traffic concurrency approval from the City Council through the adoption of Resolution 28, 2012 for the Central Gardens Planned Community Development (PCD) development order. The concurrency approval was for a development program consisting of 57,500 square feet of retail, 40 ,784 square feet of general office, and 348 multi-family units. Palm Beach County's Department of Engineering and Public Works granted approval of traffic concurrency on December 19 , 2011 and determined the proposed project meets the County's Traffic Performance Standards (TPS). The Central Gardens PCD has a build-out date of December 31 , 2016 . A concurrent PCD amendment petition has been requested to convert 57 ,500 square feet of genera l retail space and 40 ,784 square feet of professional office space to the proposed 140- bed A ssisted Living Facility . The proposed conversion will reduce the traffic impacts for the PCD by approximately 2 ,962 daily trips, 81 a.m . peak-hour trips, and 228 p.m. peak-hour trips. On October 8, 2014, the City's traffic consultant completed its review of the Meeting Date: February 5, 2015 Resolution 9, 2015 Page 4 of 13 Applicant 's traffic analysis and determined that the proposed conversion meets the requirements of the Traffic Performance Standards (TPS) of Palm Beach County. On October 8, 2014, the City's traffic consultant completed its review of the Applicant's traffic analysis and determined that the proposed conversion meets the requirements of the Traffic Performance Standards (TPS) of Palm Beach County and subsequently issued a letter of approval. Drainage The surface water management system is under the jurisdiction of the South Florida Water Management District (SFWMD), the City of Palm Beach Gardens , and the Northern Palm Beach County Improvement District (NPBCID), as the site is within Basin 2A of NPBCID Unit of Development No. 2. The drainage for the subject site has a legal positive outfall and will tie into a drainage structure on the south side of Hood Road . This drainage structure and the pipe crossing Hood Road were sized to handle the flow from the entire PCD . In accordance with the SFWMD and NPBCID permits and calculations, the water quality treatment is met within the overall system . PROJECT DETAILS Site Detail The approximately 7 . 72-acre subject site is located within Parcel B of the Central Gardens Planned Community Development (PCD). The Central Gardens PCD is approximately 41 .75 acres and is generally located at the southwest corner of Central Boulevard and Hood Road and is bound on the east by Central Boulevard , Westwood Gardens on the west, Hood Road to the north , and Interstate 95 on the south . Site Plan The Applicant is requesting site plan approval for a 140-bed Assisted Living Facility within a two-(2) and three-(3) story 114,864-square-foot building on 7.72 acres of Parcel B within the Central Gardens PCD. The facility has been designed to accommodate two (2) types of assisted living options: Memory Care for residents who face memory related challenges , such as Alzheimer's disease , and assisted living for residents who need more personal care every day. There will be 70 beds devoted to each type of care. Parcel B of the Central Gardens PCD is located approximately 1,000 feet south of the PCD's northern property boundary along Hood Road and is bordered by Interstate 95 to the south, Central Boulevard to the east, and Westwood Gardens to the west. The site plan includes a halt-acre (1/2-acre) lake with a fountain, construction of two (2) interior streets , and construction of the PCD's south entrance which is a right-in/right-out only access point along Central Boulevard . Site Access and Roadways Meeting Date: February 5, 2015 Resolution 9, 2015 Page 5 of 13 The proposed Assisted Living Facility will utilize the two (2) planned access points approved with the Central Gardens PCD Master Plan , both of which are from Central Boulevard . The northern access point, which is currently constructed and serves as this project's and the PCD's main access point, is at the intersection of Central Boulevard and Victoria Falls Boulevard . This entrance was designed and built during the construction of the 224 multi- family residential unit site plan (the Hamptons) within Parcel A of the PCD and has a dedicated right-turn lane into the PCD . The Applicant will be constructing an interior street which branches off of this entrance and leads into Parcel B and travels around the proposed Assisted Living Facility building providing access to the remaining undeveloped 10.27 acres of land within Parcel B. The entry street will have two (2) ten (1 D)-foot travel lanes, landscaped street medians and road shoulders, live oak street trees, street lights, and a sidewalk. The second access point is located approximately 600 feet to the south of the main PCD access point discussed above. The southern PCD access entrance will be constructed with a dedicated right-turn lane into the entrance with this site plan . The PCD entrance was approved as a right-in , right-out entrance from Central Boulevard . This requirement is consistent with the Condition of Approval set forth in the PCD's approving resolution . The entrance will feature two (2) 15-foot travel lanes, landscaped median, five-(5) foot-wide sidewalks on each side, street trees and landscape buffers, and street lighting . This entrance will provide secondary access to the Assisted Living Facility and transition into an interior street which connects to the interior street which travels around the Assisted Living Facility from the PCD's main entrance discussed above. Together, these two (2) streets will provide on-site vehicle circulation and access to the Assisted Living Facility , the future 10.27 acres of Parcel B which are vacant and undeveloped , and the constructed multi-family residential development on Parcel A. Site Design and Consistency with the PCD Design Guidelines The Central Gardens PCD was approved with design guidelines which serve as the regulating document and code for the overall PCD . The City's LOR's prevail over the areas the design guidelines do not cover . The design guidelines include property development regulations, design principals, open space and amenity requirements, etc. The overall goal of the design guidelines is to create a framework which provides the foundation for the development of the overall PCD . Staff has reviewed the proposed site plan application for consistency with the approved PCD design guidelines and the proposed amendments to the design guidelines submitted under the Central Gardens PCD amendment application (Petition No. PCDA-14-06-000022).The proposed site plan is consistent with the requirements of the design guidelines. Connectivity The Central Gardens PCD design guidelines require residential and non-residential buildings to be linked via a sidewalk network system within the PCD . To satisfy this requirement, the Applicant has included five-(5) foot-wide sidewalks along the interior streets to be constructed , a sidewalk and meandering pathway within the Parkway buffer, and pathway around the lake. This sidewalk system connects to both the interior sidewalks of the multifamily residential development in Parcel A and its adjacent Parkway path . Staff reviewed the proposed site plan application for consistency with the required pedestrian linkages within Meeting Date: February 5, 2015 Resolution 9, 2015 Page 6 of 13 the PCD design guidelines and the proposed amendments to the design guidelines under the Central Gardens PCD amendment application (Petition No. PCDA-14-06-000022). The proposed site plan is consistent with the requirements of the design guidelines. Architecture The PCD design guidelines include architectural standards which establish parameters for a consistent architectural style within the PCD . It is important to note that the architectural standards established in the design guidelines do not require identical buildings, but instead ensure that development within the PCD utilize consistent architectural building design principals. To that end , the Applicant has proposed a four (4)-side architectural theme which utilizes subtle Mediterranean Revival vernacular with ornamentation and design features which relate to the existing multi-family residential development in Parcel A. This includes the treatment of the front windows to mimic the adjacent residential buildings, French doors, porches, balconies, chimney features, and consistent building materials. The Applicant has also included additional architectural design features which provide an enhanced and upgraded building design . These include dormers, horizontal and vertical banding , a variation in the roof line with exposed roof rafters, and window shutters and eyebrow ornamentation . The Applicant has emphasized the primary building entrance by incorporating taller main entry and a drive-up porte-cochere. The proposed building architectural design is consistent with the architectural standards listed in the design guidelines and compatible with the existing multifamily residential community in Parcel A. Landscaping/Open Space/Parkway Landscaping The landscaping requirements in the PCD design guidelines for non-residential buildings refer to the City's Landscape Code. To that end , the proposed landscape palette and design for the project is consistent with the requirements of the City's Landscape Code . Foundation landscaping requirements for the proposed Assisted Living Facility are consistent with the non-residential building requirements in Section 78-320 of the City's Code. The total amount of landscape points provided by the design of 19,296 points exceeds the required 11 ,049 landscape points by 8,147 points or 75 percent (75%). The landscape palette utilizes live oaks, royal palms, crape myrtles, and a large variety of shrubs and ground cover species to provide a landscape design which creates several focal points throughout the site. Open Space The site plan is required to provide a minimum of 15 percent (15%) of the total site acreage as open space pursuant to the approved Central Gardens PCD design guidelines. The Applicant's proposed site design exceeds the 15 percent (15%) open space requirement by over 40 percent (40%). The proposed lake includes a decorative fountain and a sidewalk around the perimeter of the water body. On the northern side of the lake, the Applicant is providing another decorative fountain and a paver plaza area with seating . Parkway Buffer Meeting Date: February 5, 2015 Resolution 9, 2015 Page 7 of 13 A portion of the subject site is adjacent to an area designated on the Central Gardens PCD Master Plan as part of the City's Parkway System . The Applicant has proposed a parkway buffer which is designed to include a strong native palette throughout the entire buffer. The design includes the preservation of existing oak trees and pine trees in addition to the planting of additional southern live oak and slash pine trees along with cabbage palms, small leaf clusias, and native shrubs and ground cover. The Applicant's design also features unique view corridors and vistas displaying unique landscape features such as multi-trunk pigmy date palms . The groupings of these trees have been design in a native free-flow design with pathways which meander around the groupings of plantings. Finally, the Applicant is including a butterfly garden within the Parkway buffer to add a unique feature which can be utilized by all residents within the Central Gardens PCD and members of the public utilizing the Parkway system . Parking and Loading The Applicant is proposing to provide 75 parking spaces. The City's parking regulations require assisted living facilities to be parked at a ratio of one (1) space per four (4) residents for a total of 35 parking spaces for the site (140 beds /4 = 35). The excess number of parking spaces exceeds the 20 percent (20%) allowed by the City's Code. Therefore, the Applicant has requested a waiver from Section 78-345(d)(3) to allow the extra parking spaces. The Applicant has included a loading zone in the southeast corner of the building . The proposed site design utilizes two (2) primary parking areas. This includes a parking area to the south of the building which has 4 7 parking spaces and second area of parking by the front entrance of the building which has 24 parking spaces. The balance of the four (4) parking spaces is included as on-street parking spaces along the northern access street. Site Lighting The Assisted Living Facility site design will include lighting along the interior streets and parking areas, pedestrian level ballard lighting along the Parkway pathways , and street lighting along Central Boulevard . The City Engineer has reviewed the Applicant's proposed lighting plan and has determined the plan meets the Design Guidelines and Section 78-182 of the City's Code. Sign age The locations of the PCD monument signs are identified on the PCD Master Plan and the Applicant has included an elevation for the monument sign to be located in the median of the southern PCD entrance. The proposed monument sign is consistent with the signage dimensions outlined in the design guidelines and is consistent with the design of the other constructed monument signs. No other signage is being proposed by the Applicant. -------------------------------------------------· Waiver Request The Applicant is requesting two (2) waivers. Table 2. W a iver Re q u est Code Req uirement Section 1 Section 78-Increase in required park ing spaces 34 5 (d)(3) greater than 20 percent (20%) Section 78-Installation of permanent 2 563(e) improvements with a lake maintenance tract Proposed 75 parking spaces Sidewa lks , landscap ing , hardscape features Meeting Date: Febru ary 5, 2015 Reso lu tion 9, 2015 Page 8 of 13 Waiver Staff Supp ort 40 spaces Approva l To allow im prove ments Approva l 1. The Applicant is requesting a waiver from City Code Section 78-345(d)(3), Increases in Parking Spaces , to allow a surplus of 40 parking spaces . The City's parking rate for Assisted Living Facilities is 1 space per 4 residents. The Applicant has request additional parking above the 20 percent (20%) increase allowed by the City's Code to accommodate an increase in the facility 's staffing level. The increase in staff allows the facility to provide an improved and higher level of care for residents, particularly the 70 beds devoted to memory care patients. Staff supports the Applicant's requested waiver . The Applicant has provided the required additional open space to offset the impervious surface area utilized by the additional parking spaces. In addition , the Applicant has located the additional parking spaces throughout the site and provided the necessary landscaping to screen the vehicle use areas and minimize the visual impact. Staff supports the waiver request. 2 . The Applicant is requesting a waiver from City Code Section 78-563(e), Improvements within Lake Maintenance Tract, to allow several improvements to be constructed with the project's proposed 20-foot lake maintenance tract (LMT). The City's Code does not allow the construction or installation of permanent improvements within the LMTs; however, the LMT easements are allowed to contain nonpermanent improvements . The Applicant is proposing to provide landscaping , a sidewalk , and hardscape features around the proposed Assisted Living Facility's lake. Staff supports the Applicant's request. Staff reviewed the proposed means of access to the lake provided for with the site design . The site plan is providing a minimum 12 -foot-wide clear area around the lake to accommodate maintenance equipment needed to service the lake area. The City Engineer has determined that adequate access is being provided . The improvements proposed by the Applicant will provide an aesthetically improved lake. All of the Applicant's proposed improvements around the lake are consistent with the requirements in the PCD design guidelines for amenitized lakes, which provide passive recreation opportun ities such as pathways and landscaping and view corridors without impeding access for lake maintenance. Staff supports the waiver request. MAJOR CONDITIONAL USE ANALYSIS Meeting Date: February 5, 2015 Resolution 9, 2015 Page 9 of 13 The Central Gardens PCD was approved with a list of Permitted Uses, Major Conditional Uses, and Minor Conditional Uses consistent with Section 78-155(e) of the City's Code . The List of Uses approved with the PCD development order included Assisted Living Facilities as a major conditional use. As such , the Applicant is required to demonstrate compliance with conditional use criteria listed in Section 78-52(d) of the City's Code. The following is staff's analysis based on the criteria set forth in Section 78-52(d), Conditional Uses: 1) Comprehensive Plan. The proposed use is consistent with the Comprehensive plan. The requested use is permitted in residential and non-residential districts within the City and is therefore consistent with the future land use designation of Mixed-Use. Specifically , Objective 3.1.4 of the Housing Element of the City's Comprehensive Plan encourages housing and specialized services for the elderly within the City . Policy 3.1.4.2 of the Housing Element also encourages the integration of elderly housing and services into commercial and residential areas. Placing the ALF within the site's Mixed Use designation is consistent with the City's Comprehensive Plan . 2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The Assisted Living Facility meets and in some instances exceeds the requirements of the PCD's design guidelines and the City's Code. The site plan's open space exceeds the requirement in the design guidelines and the City's Code. The conversion of the retail and office square footage will significantly reduce the traffic impacts associated with the PCD . The Applicant has requested a waiver from the City's Code for additional parking space and has provided the required justification and demonstrated that the site plan meets the criteria . 3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. The City provides specific criteria for assisted living facilities. The proposed facility is consistent with the City's criteria found in Section 78-159 . 4) Public welfare. The proposed use provides for the public health, safety, and welfare by: (a) Providing for a safe and effective means of pedestrian access; The site plan exceeds the minimum connectivity requirements discussed in the design guidelines. The facility will be connected to the interior sidewalk system of the PCD and the City's Parkway system . Meeting Date: February 5, 2015 Resolution 9, 2015 Page10of13 (b) Providing for a safe and effective means of vehicular ingress and egress; The site plan will utilize the existing main PCD entrance and will construct the approved secondary southern PCD entrance. These entrances will provide vehicle connections to both the residential community in Parcel A and the future vacant and undeveloped portion of Parcel B. (c) Providing for an adequate roadway system adjacent to and in front of the site; The Assisted Living Facility is being proposed within the existing Central Gardens PCD project. As such , the roadway system serving the PCD has been constructed and the Applicant's proposed conversion of retail and office square footage will reduce the traffic impacts on the existing roadway system serving the PCD . (d) Providing for a safe and efficient on-site traffic circulation, parking, and overall control; and As stated in subsection (b) above , the proposed ALF enjoys multiple access points and the proposed use will not create any adverse impacts to the surrounding roadway network. A connector roadway linking the northern and southern PCD entrances have been provided to allow internal circulation on the site without using Central Boulevard . The use also provides sufficient parking which not only addresses the City Code requirements but also meets the need generated by the use based on previous Assisted Living Facilities developed by the Applicant. (e) Providing adequate access for public safety purposes, including fire and police protection. A connector roadway linking the northern and southern PCD entrances have been provided to allow internal circulation on the site without using Central Boulevard . The site plan also features an area at the rear of the building which can accommodate fire -rescue vehicles to quickly arrive and depart should an emergency situation arise. All turning radii within the site plan meet the requirements of the City's emergency services departments. 5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: (a) Noise, Because of the nature of the Assisted Living Facilities, the facility will not create noise in excess of the City standards. The loading zone for the project' is located on the south side of the building and away from the adjacent residential community within Parcel A. (b) Glare, The proposed use will not generate any glare . (c) Odor, The proposed use will not generate any odor. Meeting Date: February 5, 2015 Resolution 9, 2015 Page 11 of 13 (d) Ground, wall, or roof-mounted mechanical equipment, The roof-mounted mechanical equipment will be screened from public view consistent with the City's regulations. (e) Perimeter, interior, and security lighting, A photometric plan indicating the proposed lighting and its conformance with the City's lighting standards is included in the development application . The proposed photometric plan is consistent with all code requirements and , thus, meets the above criterion. (f) Signs, The proposed monument sign and building signage meet the requirements of the Central Gardens Design Guidelines. (g) Waste disposal and recycling, The proposed use will use dumpsters on the site along the south side of the building away from the existing , adjacent neighborhood . (h) Outdoor storage of merchandise and vehicles, No outdoor storage is proposed with this use. (i) Visual impact, The visual impact of projects within the Central Gardens PCD was addressed during the approval of the PCD's design guidelines. The Applicant's proposed design meets all of the landscaping , building tiering, height, and setback requirements of the design guidelines. (j) Hours of operation. The ALF will be a 24-hour facility with residents living and receiving care at the facility . Meeting Date: February 5, 2015 Resolution 9, 2015 Page 12 of 13 6) Utilities. The proposed use mm1m1zes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. With this request, all utilities will be placed underground with the exception of the existing FPL transmission lines. 7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. The proposed use meets all the dimensional requirements of the City Code and Central Gardens PCD Design Guidelines. 8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. There are no specific neighborhood plans for this site. 9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character or area development. The proposed use, building , and landscaping are consistent with the character of the Central Gardens PCD and project's design guidelines. The proposed Assisted Living Facility is permitted , as a Conditional Use , within the PCD. The proposed use is compatible to the mixture of uses located within the PCD and around Central Boulevard and Victoria Falls Boulevard . 1 0) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The proposed Assisted Living Facility is located within an approve PCD, and the site plan has been designed to accommodate future uses, such as the remaining vacant undeveloped portion of Parcel B. 11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. The proposed Assisted Living Facility is a permitted use within the PCD and is consistent with the City's goals, objectives, and policies . 12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. No adverse impacts are anticipated with the proposed use. Meeting Date: February 5, 2015 Resolution 9, 2015 Page 13 of 13 13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impact on environmental and natural resources, including air, water, storm water management, wildlife, vegetation, and wetlands. The environmental impacts of development were addressed when the PCD was approved . COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On August 8, 2014, the subject petition was reviewed by the DRC. At this time, all comments relating to the project have been satisfied. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On January 13, 2015, the PZAB recommended approval of the subject petition to the City Council by a vote of 6 to 0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 9, 2015 as presented. CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail · Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: !Planned Community Development (PCD) !Planned Unit Development (PUD) IX Amendment to PCD, PUD or Site Plan p_ Conditional Use ["":Amendment to the Comprehensive Plan I Administrative Approval l Administrative Appeal IAnnexation I Rezoning ~Site Plan Review rconcurrency Certificate !Time Extension rMiscellaneous r.,other Date Submitted: Project Name: HarborChase at Palm Beach Gardens in Central Gardens PCD Owner: Central Gardens, LLC A pplicant (if notOwner):Silverstone HealthCare Company, LLC Applicant's Address: 784 US 1, #24, North Palm Beach, fD.TelephoneNo. 561-799-3858 A gent: Urban Design Kilday Studiqs Co n tact Perso n : Marty R.A. Minor, AICP E-Mail: mminor@udkstudios.com Agent's Mailing Add r ess: 4n S. Rosemary Avenue, #225, West Palm Beach, FL 33401 Agent's Tel ephoneNumber:_5_6_1-_3B_B_-_11_o_o _________________ _ FOR OFFICE USE ONLY Pet ition N u mber:_-,--____ _ Date & Time Received: ______ _ Fees Received Application $ Engineering$ _________ _ Receipt N u mber: ________ _ A h. ct BOKA Powell rc 1te : ------------------------------------------------------------- E . Keshavarz & Associates nglneer: ____________________________________________________________ __ PI Urban Design Kilday Studios anner: -------------------------------------------------------------- L d A h . Urban Design Kilday Studios an scape rc ttect: ----------------------------------------------------- Site Info rmation: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. G I L . Southwest comer of Central Boulevard and Hood Road enera ocat10n: ------------------------------------------------------- Address: -------------------------------------------------------------- Section: 35 & 36 Township: 41 Range: 42 --------------------------------------------- P rtyc IN b ( ) 52-42-41-36-00-000-3040 & 52-42-41-35-00-000-5010 rope ontro urn er s : ----------------------------------------------- 41.75 C z . PDA R dZ . PCD Acreage: ________ urren.t omng: _______ equeste onmg: ___________ _ Flood Zone _____ Base Flood Elevation (BFE) -to be indicated on site plan __ _ Current Comprehensive Plan Land Use Designation: MXD & RH ------------------------------ E . . L d U Vacant d Residential and Mixed Use com xtstmg an se: Requeste Land Use: a ----------------- Proposed Use(s) i.e. hotel_singlefamily residence,etc.: ----- P d S F b U !50-resident Assisted Living Facility and xxxxxx s.f. of general office ropose quare ootage y se: ---------------------------------------- ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 224 multi-family units 2 Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: The applicant, Central Gardens, LLC, is requesting an amendment to the Central Gardens Planned Community Development to allow for a 150-resident Assisted Uving Facility. The proposed amendment is less intensive and reduces the impact to surrounding properties than the approved retail and office uses. The applicant is also seeking Site Plan Approval and a Major Conditional Use for the high quality ALF. For additional information, please see the Project Narrative attached. 2. What will be the impact of the proposed change on the surrounding area? The proposed amendment and site plan will reduce the intensity of the approved PCD development program and reduce any impacts to the surrounding properties. For additional justification, please see the attached Project Narrative. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. The proposed project complies with all aspects of the City's Vision Plan and Comprehensive Plan. The rezotli1 The project is also an infill project which is encouraged by the City (Policy 1.2.4.11 ). The project will also complete the City's Parkway system along Central Boulevard. 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? In conformance with Section 78-301, 6 .65 acres of upland habitat will be preserved on the site. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? Consistent with 78-261, the Art in Public Places requirement will be addressed prior to the first qualifying Certificate of Occupancy for non-residential development. 6. Has project received concurrency certification? This site received concurrency certification on April 21, 2010. Date Received: Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately _sw __ ,mile(s) from the intersectionof Central BlvB. _an_d_H_oo_d_R_oa_d _______ , on the! I northQeast,Osouth~west side of_c_e_n_tr_al ___ _ Boulevard (street/road). ------------------- 4 Applicant's Certification JJWe affirm and certifY that Jlwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our Jm owledge and belief. Further, JJwe understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: I Owner I Optionee r. Lessee J>"Agent 1.· Contract Purchaser 'i-z c. $.. f?..D.se~~ Ale. 7¥2..2.,~ Street Address u.ks. f-fJdpt ~-£C 334r>r City, State, Zip Code Telephone Number Gb(-3Gb -If/( Fax Number /<{upf/f t4 cgu~ (7s?2J.bre><;; .r ~ E-Mail Address 6 STATEMENT OF OWNERSHIP AND DESIGNATION OF AUTHORIZED AGENT Before me, the undersigned authority, personally appeared GARY L SCHOTTENSTEIN, who being swam on oath, deposes and says: 1. That, he is a MANAGING MEMBER OF CENTRAL GARDENS, LLC which is the Owner of the property described in the attached legal description. 2. That he is requesting a Planned Community Development Amendment, Site Plan Approval and a Major Conditional Use in the City of Palm Beach Gardens, Florida. 3. That, he has appointed KEN TUMAand URBAN DESIGN KILDAY STUDIOS to act as authorized Agent on its behalf to accomplish the above project. Name of Owner: Central Gardens, LLC Gary L Schottenstein, Managing Member Central Gardens, LLC 784 U.S. 1, Suite 24 North Palm Beach, FL 33408 561-799-3858 -telephone 561-799-5682-fax ichosnek@imc-communities.com Swom to and subscribed before me this /f~ day~~ 2014. ~r(;JU..; (Notary Seal) ry Pu c, State of Florida Commission Numbercf l'f,9/¥ My Commission Expires: .S-/5-/(e Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4243 Pennit# ________________________________ __ Financial Responsibility Form The owner understands that all City-incurred professional f ees and expenses associated with t he processing of this application request ar e ultimately the res ponsi b ility of the owner . A security depos it s hall be depos ited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Ga rdens. The owner and/or desig nee shall be invoiced on a monthly basis for professional fees such as, but not limited to, co nsultant eng ineering services, legal services, advertising costs, and/or any other costs attributab le to the processing of the pennit for which the City incurred during the previous month . The owner and/or design ee shall reim burse the City within thirty (30) days from date of invoice. If payment is not received , the City may utilize the security deposit for re-imbursement purposes. All activit ies related t o the pending perrni t(s) will cease until any outstanding Invoices are paid. Date Property Control Number DESIGNEE/BILL TO: Desig nee Acceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF N otary public signature lSttrG~r~ II . Gr,·lltrr-- Printed name State of 7;ido...r-at-large •.. -~;:;:!>'i:;;;;.\ BA RBA RA A GRI M M ·: ("~J~ "\ Notary Public \_~,;_ ~ .:} STATE OF TEXAS ·····~~.!!~.~-· My Comm. Exp. June 10. 2018 My Commis sion expires: 9um.l 0, ~If p PROJECT NARRA T IVE ASS ISTED LIVIN G FACILI TY (PARCEL B) W IT H I N THE CENTRAL GARD EN S PLANNED COMM U NITY D EVELOPM ENT January 5, 2015 Re q ues t /Locati o n Urban Planning and Design Landscape Architecture Communication Graphics Please accept this request, on behalf of the property owner Central Gardens, LLC and applicant, Silverstone Healthcare Company, LLC, (Silverstone) for the site plan approval for a 140-resident Assisted Living Facility within Parcel B of the Central Gardens Planned Community Development (PCD), which is generally located at the southwest corner of Hood Road and Central Boulevard. Concurrent with this site plan review request, the applicant is requesting a major conditional use for the Assisted Living Facility use. In addition, the applicant is seeking an amendment to the Central Gardens PCD to change the development program to allow the Assisted Living Facility use instead of the previously-approved retail and professional office uses. The subject site is vacant and consists of approximately 7.72 acres along Central Boulevard, immediately south of The Hamptons at Palm Beach Gardens residential neighborhood within the Central Gardens PCD. The subject site has Mixed Use (MXD) Future Land Use designation and a PCD zoning designation. The Central Gardens PCD was approved on May 3, 2012 through the approval of Ordinance 12, 2012 and Resolution 28, 2012. The PCD provided the approval 348 dwelling units, 57,500 square feet of general retail area and 40,784 square feet of professional office area. With the approval of The Hamptons neighborhood on May 3, 2012, through the adoption of Resolution 30, 2012, 224 of the approved 348 dwelling units within the PCD designated for the northern portion of the site. For Parcel B, the applicant is proposing a 140-bed assisted living facility, with 70 beds devoted to "memory care" which will house and treat patients who suffer with Alzheimer's disease. The approved list of uses allowed in the Central Gardens PCD allows for Assisted Living Facilities as a Major Conditional Use. We are requesting a Major Conditional Use for the proposed memory care facility in association with the site plan approval. We are also seeking to modify the PCD master plan to reflect the proposed assisted living facility (ALF) use and the proposed conversion ofthe approved retail and professional office to ALF. This conversion will reduce the traffic impacts of the overall PCD by 54% from the current approval. The applicant is requesting to modify the PCD approval to convert the approved retail and office uses into the proposed 140-bed ALF. In addition, the applicant is requesting to make minor modifications to the approved PCD Design Guidelines to address the new ALF use. At the Page 1 of 16 request, Florida Power & Light has requested modification to the upland preserve located near the existing power transmission lines. The PCD Master Plan has been revised to address those concerns. Similar to the waivers requested and granted for the adjacent Hamptons at Palm Beach Gardens residential community, the applicant is requesting waivers to allow for 9.5-foot wide parking spaces and to allow landscaping, sidewalks, fountains and improvements within the lake maintenance tracts. These waivers will allow the site to maximize its landscaping and open space areas. Please note that the site features more than 44% open space, which is nearly three times the MXD open space requirement. The applicant is also seeking a waiver to allow 84 parking spaces for the 114,864 square foot facility as the current parking requirement for assisted living facilities would only require 35 spaces. The additional parking spaces are needed for the employees for this high quality assisted living facility. The property is bounded by The Hamptons at Palm Beach Gardens residential community to the north (Parcel A), Central Boulevard to the east and south, and a vacant portion (Parcel B) of the PCD to the west. Concurrency With the adoption of the Central Gardens PCD on May 3, 2012, the certified concurrency was confirmed for 348 dwelling units, 57,500 square feet of general retail area and 40,784 square feet of professional office area. We are also seeking to modify the PCD master plan to reflect the proposed assisted living facility (ALF) use and the proposed conversion of 57,500 square feet of general retail space and 40,784 square feet professional office space to ALF. This conversion will reduce the traffic impacts of the overall PCD by 54% from the current approval. Histo ry The subject property was annexed into the City in 1990, where it received a Future Land Use Designation of Mixed Use and Residential High. The Central Gardens PCD was approved on May 3, 2012 through the approval of Ordinance 12, 2012 and Resolution 28, 2012. The PCD provided the approval 348 dwelling units, 57,500 square feet of general retail area and 40,784 square feet of professional office area. With the approval of The Hamptons neighborhood on May 3, 2012, through the adoption of Resolution 30, 2012, 224 of the approved 348 dwelling units within the PCD designated for the northern portion of the site. Access The Central Gardens Parcel B site plan will have two entrances from Central Boulevard. The northern entrance gains its access from the project's main entrance off Central Boulevard. This main entrance is shared by The Hamptons at Palm Beach Gardens residential community and Parcel B of the PCD. This will be the primary entry street to the proposed ALF and the future residential portion of Parcel B. This entry street will feature two 10-foot wide travel lanes, two 2- foot curbs, live oak street trees, landscaped medians and sidewalks. The southern entrance to the subject site is a right-in, right-out entrance from Central Boulevard which provides a secondary access to the proposed ALF and the vacant property to the west of the subject site. This Page 2 of 16 secondary access will provide for two 10-foot wide lanes, two 2-foot curbs, a five-foot wide sidewalk and live oak street trees. These two PCD entrances will be connected within Parcel B. This connection will access each parcel of the PCD, existing, proposed and future developments, to access each other parcel and access to Central Boulevard. Existing Zon i ng and Land Use De sig nati on s EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: Planned Community MXD Existing -Vacant Development (PCD-MXD) Requested-Assisted Living Facility TO THE NORTH: PCD-MXD RH The Hamptons at Palm Beach Gardens TO THE SOUTH: PCD-MXD MXD Central Boulevard and Cimarron Cove (Parcel 31.04 MXD) PCD TO THE WEST: PCD-MXD MXD Central Gardens Parcel B TO THE EAST: PCD-MXD MXD Cimarron Cove (Parcel 31.04 MXD) PCD PCD Am e ndment As stated above, the applicant is requesting a PCD Amendment to accommodate the proposed Assisted Living Facility. The proposed PCD Amendment includes the following: • The PCD Master Plan has been revised to replace the approved 57,500 square feet of retail space and 40,784 square feet of general office with a 140-bed ALF. Attached for your review is a Traffic Equivalency Statement which indicates that the proposed ALF will reduce the traffic impact of the project by 54%. • Florida Power & Light, which owns a transmission line which traverses through PCD, has requested and we have provided a 50-foot wide easement for the transmission line. In addition, at FPL's requested, the applicant is proposed to move the upland preserve area 10 feet back from the transmission lines. This area of the upland preserve has been shifted to the southern portion of the PCD, as identified on the revised Master Plan. Attached for your review is a statement from EW Consultants, Inc. confirming that this minor shift in the upland preserve location does not diminish the quality of the overall upland preserve. • The PCD Buffer Sections A, M and B are proposed to be revised to reflect the additional design provided with the ALF site plan. Buffer Sections A and M, which were approved with a typical Parkway buffer, has been revised to reflect a native planting palette with Page 3 of 16 various walkways, seating areas, and landscaped areas. Buffer B, which reflects the upland preserve and the FPL transmission line, has been revised to reflect the minor shift in the upland preserve as described above. • The PCD Design Guidelines have been revised to accommodate the proposed Assisted Living Facility. The revisions are: o Since the ALF is replacing the retail and office uses within the PCD, there will be less pedestrian demand between the existing residential and non-residential uses. As such, the number of linkages between the residential and non-residential uses has been reduced. To mitigate this change, additional walkways have been added within the PCD Buffer A and existing vegetation will be saved within this parkway buffer. o On Page 8, the requirement that roadways within the PCD meet the requirements of Zoning Code Section 78-498 has been replaced with this requirements: "Access to all parcels within the PCD shall be provided through the provision of improved access tracts from the two Central Boulevard entrances. These improved access tracts will function as street connections to the parcels and shall meet the requirements of the City Engineer." o On Page 2, the requirement to have at-grade pedestrian and bicycle pathways cut across the PCD entrance medians has been replace with a requirement that pedestrian and bicycle pathways cross all driveways at grade. The PCD Design Guideline requirement for the pedestrian and bicycle pathway to cross the entrance medians was based on a preliminary design of the entrance. Once construction plans were created, the PCD entries were further designed. At that time, it was determined that a safer design was where the pathway was located beyond the stop bar and the median location. The PCD entrance at the Central Boulevard and Victoria Falls Boulevard was designed, permitted and constructed with the pathway outside of the median and adjacent to the stop bar. This proposed amendment to the Design Guidelines is in recognition of this additional design work, which resulted in a safer entrance for the PCD. The proposed amendment would also allow the southern PCD to match the current design of the project entrances. o On Page 5, the 40,000 square foot maximum building footprint has been maintained, however, the previously-approved exception for groceries have been modified to allow up to a 55,000 square foot building footprint for the ALF. The original limitation on the building footprint for the MXD portion of the Central Gardens PCD was established to ensure the future non-residential buildings were compatible within the mixed use project. This limitation was desired for two reasons: one is the massing of the building in relationship with the other structures on site; and, the exponential growth of impacts associated with larger tenants, such as "big box" retail providers. Although it has a slightly larger building footprint than what was originally planned in the Design Guidelines, the proposed Assisted Living Facility addresses the two concerns with regards to its compatibility with the rest of the site. The ALF is proposed to have a 53,688 square-foot building footprint. The building has been designed to limit any potential impact to surrounding properties. The two-story portions of the building have been placed Page 4 of 16 closest to the existing two-and three-story buildings within the Hamptons at Palm Beach Gardens and the two-story homes within Westwood Gardens. The three- story portion of the ALF is located within the southern wing of the building, which will be located perpendicular to Central Boulevard to limit any visual. In addition, the requested ALF will only have a 16% lot coverage, which 50% is allowed by the PCD approval. The applicant is also providing nearly three (3) times the amount of open space than what is required within a mixed use development. HarborChase at Palm Beach Gardens will be providing 44% open space while 15% is required by the PCD and the City's MXD regulations. The proposed ALF is also more than 200 feet from the homes in Westwood Gardens and 112 feet from the homes in the Hamptons at Palm Beach Gardens. Both setbacks are more than doub l e the minimum setbacks from the adjacent residential communities. In addition to the various design techniques to mitigate the impact of the building size enumerated above, the proposed ALF will reduce the overall impact of the PCD by more than half. With the requested PCD amendment, the number of anticipated number of daily trips and peak AM and PM hour trips will be reduced by 54% for the entire PCD. Other impacts will also be greatly lessened through the proposed change from retail and office uses to an ALF . Site Plan A mendment With this request, the applicant is seeking site plan approval for a 140-bed, 114,864 square foot Assisted Living Facility on 7.72 acres of Parcel B within the Central Gardens PCD. The two and three-story building will house an upscale Assisted Living Facility, which will devote half of its bed to I/ memory care" services. An Assisted Living Facility is permitted within the PCD with a Major Conditional Use review, which the applicant is also requested concurrently with this request. As indicated in the Site Analysis below, the proposed site plan meets and exceeds all requirements ofthe Central Gardens Design Guidelines and the City's Land Development Regulations. In addition, the conversion of the approved retail and office uses to the requested ALF will significantly reduce the impacts to the area roadways. Site An al y sis SITE ANAL YS/S: ALF Si te Plan within Central Gardens PCD Ce ntral Gard ens Desig n Pro p o sed Con si ste nt Gu i d e l i n es St an d ards and Central Gardens ALF Ci t y's LDRs Site Plan Development 1 acre 7.72 acres Yes Area Open Space 15% 48% Yes Lot Coverage 50% 16% Yes Setbacks Front 90 feet along Central 90 feet along Central Yes Boulevard Boulevard Page 5 of 16 SITE ANALYSIS: ALF Site Plan within Central Gardens PCD Central Gardens Design Proposed Consistent Guidelines Standards and Central Gardens ALF City's LDRs Site Plan Side 20 feet from Parcel A 35 feet from Parcel A Yes 50 feet from Westwood Lakes 145 feet from Yes Westwood Lakes Side Street 90 feet along Central 90 feet along Central Yes Boulevard Boulevard Rear To be determined by City 140 feet Yes Council Building Height 4 floors or 65 feet 3 floors/49 feet, 3 Yes inches Parking 1 space per 4 residents 1 space per 1.6 Yes residents Architecture The architecture of the requested ALF is intended to subtly utilize the Mediterranean Revival vernacular with the proportions of the Mission Style in order to integrate this design into the rich fabric of the Palm Beach Gardens' style. The colors are richer and darker evoking Italian influences. The materials are regionally appropriate with a tile roof and stucco exterior. The windows are accented with bold lintels and where appropriate contrasting shutters. It has a strong classically proportioned entry with a porch and loggia designed using a generous cast- stone cornicing with a stilted, entablature arches. The two and three-story building will be of concrete block construction with a stucco finish. The building colors will be: Main Building Color: Sherwin Williams SW 6345-11Sumptuous Peach" Accent Color: Sherwin Williams SW 6056-"Polite White" Shutters: Sherwin Williams SW 6062-"Rugged Brown" Landscaping The landscape plan provides a significant increase over the required amount of points for the site. Based on the City's Landscape Code, 11,049 points are required and 19,296 points are provided. More than 240 trees, including 70 live oaks, and 114 palms will be planted on site. As a result, lush landscaping featuring live oaks, royal palms, crape myrtles and other trees and palms is proposed. In addition to the large amount of landscaping within the project, the landscaping plans create multiple focal points for residents and visitors. Focal points have been provided at the building entrance where the specimen plants are located. A fountain at the northeast corner of the project lake will have landscaping and seating areas to create a gathering area for residents, visitors and employees. The parkway buffer along Central Boulevard will feature multiple Page 6 of 16 r--------------------------------------------------------- pathways, existing native trees, live oaks and a butterfly garden. Also, seating areas and lush gardens are also provided within building alcoves, interior gardens and around the building. Signage Monument signage locations have been identified on the concurrently submitted PCD Master Plan. The applicant is seeking approval for the elevations for the monument signs located within the median at the secondary, southern entrance to the site. The proposed monument sign is consistent with the signage dimensions outlined within the Design Guidelines for the PCD. Major Conditional Use The proposed assisted living facility is listed as a Major Conditional Use within the approved Central Gardens Design Guidelines. Pursuant to Section 78-52(d) of the Land Development Regulations, requests for conditional uses require that the applicant demonstrate compliance with the following criteria. For your convenience, I have replicated the criteria in bold and indicated our compliance in italics. (1) Comprehensive plan. The proposed use is consistent with the comprehensive plan. The proposed use is consistent with the City's Future Land Use designation of Mixed Use, as the requested assisted living facility is permitted in residential and non -residential districts within the City. Objective 3.1.4. of Housing Element of the City's Comprehensive Plan encourages housing and specialized services for the elderly within the City. Policy 3.1.4.2. of the Housing Element also encourages the integration of elderly housing and services into commercial and residential areas. Placing the ALF within the site's Mixed Use designation is consistent with the City's Comprehensive Plan. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The proposed development meets and/or exceeds the requirements of the Land Development Regulations and the adopted Central Gardens PCD Design Guidelines. For example, more than 44% of the site is proposed as open space, which is nearly three {3} times the open space requirements for MXD projects. The proposed ALF creates less impact to the surrounding properties than many of the permitted uses within the MXD portion of the PCD. As such, the proposed use is consistent with the City's Land Development Regulations. {3) Standards. The proposed use is consistent with the standards for such use as provided in section 78-159 The City provides for specific criteria for assisted living facilities. The proposed facility will comply and be consistent with the City's criteria found in Section 78-159. (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: a. Providing for a safe and effective means of pedestrian access; Page 7 of 16 r--------------------------------------------~--------- The proposed ALF is located within the newly-created Central Gardens PCD. As required by the PCD's Design Guidelines, the ALF will be connected to the adjacent residential portion of the PCD and the City's Parkway system. The sidewalk sizes will range from 5 feet to 12 feet in width. As such, the requested ALF is consistent with the pedestrian access criterion. b. Providing for a safe and effective m eans of vehic ular ingress and egr ess; The ALF will have two vehicular access points, which were reviewed and approved with the creation of the Central Gardens PCD. The site will have a vehicular connection to The Hamptons at Palm Beach Gardens residential community and to a full intersection onto Central Boulevard. A second vehicular entrance will be right-in, right-out only and will be located off of Central Boulevard. Both entrances will also connect to the remaining portion of the PCD located to the southwest of the proposed ALF. A roadway is proposed as part of the Parcel B site plan which will connect the northern and southern PCD entrances. As a result, each portion of the PCD will access any other portion of the project and both entrances onto Central Boulevard. With the two vehicular access points and the internal connector road, the subject request meets this criterion. c. Providing for an adequate roadway system adjacent to and in front of the site; As the proposed ALF is located within an existing PCD, the roadway network serving the PCD and the requested use also exist. As indicated in the provided traffic impact statement, the proposed use will reduced the overall traffic impacts of the PCD by 54%. The site is served by an adjacent roadway system which is operating at or below its adopted Level of Service. For the reasons listed above, the proposed request is consistent with this criterion. d. Providing for safe an d efficient onsite traffic circulat i on, par ki ng, and overall control; and As stated in subsection (b) above, the proposed ALF enjoys multiple access points and the proposed use will not create any adverse impacts to the surrounding roadway network. A connector roadway linking the northern and southern PCD · entrances have been provided to allow for internal circulation on the site without using Central Boulevard. From the northern PCD entrance where a full intersection is provided, the primary entry street for Parcel B is provided. This primary street features two 10-foot lanes with two 2-foot curbs, consistent with the City's pavement requirements for a local street. This primary entry street will also have sidewalks, street trees and landscaped medians. The proposed ALF and the future residential portion of Parcel B will have their main vehicular entrances from this primary entry road. From the southern PCD entrance, a secondary entrance to the ALF and future residential portion has been provided. In addition to providing the City-required pavement widths, the secondary street will also feature a five-foot wide sidewalk and a street tree program. The use also provides sufficient parking Page 8 of 16 ---·-------------------------------------------------------------------------------------------- which not only addresses the City Code requirements but also meets the need generated by the use based on past ALFs developed by the applicant. e. Providing adequate access for public safety purposes, including fire and police protection. The requested ALF will meet all Building and Life Safety standards and all applicable Department of Health regulations. As the project is an infill development, the building will enjoy the same level of fire and police protection as the rest of the Central Gardens PCD. Public safety will have access to all four sides of the proposed building. As such, the request meets this criterion. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: a. Noise; Because of the nature of the use, the proposed use will not create noise in excess of the City standards. The loading zone for the project is located on the south side of the building and away from the adjacent Hamptons at Palm Beach Gardens neighborhood. As such, any noise created from this requested facility will not impact any residential areas. b. Glare; The proposed use will not generate any glare. c. Odor; The proposed use will not generate any odor. d. Ground-, wall-, or roof-mounted mechanical equipment; The roof-mounted mechanical equipment will be screened from public view consistent with the City's regulations. e. Perimeter, interior, and security lighting; A photometric plan indicating the proposed lighting and its conformance with the City's lighting standards is attached for your review. The proposed photometric plan is consistent with all code requirements and, thus, meets the above criterion. f. Signs; The proposed monument sign and building signage meets the requirements of the Central Gardens Design Guidelines. g. Waste disposal and recycling; The proposed use will use dumpsters on the site along the south side of the building away from the existing, adjacent neighborhood. h. Outdoor storage of merchandise and vehicles; Page 9 of 16 No outdoor storage is proposed with this use. i. Visual impact; and Landscaping is proposed around the perimeter of the building and around the site. The lush landscaping proposed and upscale building architecture will create a positive visual impact. In addition, landscaped focal points have been provided around the building, overlooking the lake and within building alcoves. The loading area for the facility will be screened from public view. As indicated in the submitted cross-section, the proposed assisted living and memory care facility is located a minimum of 112 feet from the existing three-story apartment building. North of the proposed building will be a two-lane roadway connecting the site and the western portion of Parcel B to the northern PCD entrance. North of this roadway will be a minimum of 8.5 feet of landscaping with an existing 6-foot high wall before the existing apartment community entrance road. j. Hours of operation. The ALF will be a 24-hour facility with residents living and receiving care at the facility. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. With this request, all utilities will be placed underground with the exception of the existing FPL transmission lines. As part of this request, the applicant will be providing an easement to FPLfor the overheard transmission lines. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. The proposed use meets all the dimensional requirements of the City Code and Central Gardens Design Guidelines. (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. There are no specific neighborhood plans for this site. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development, The proposed use, building and landscaping are consistent with the character of the Central Gardens PCD and its adopted Design Guidelines. The proposed ALF is permitted, as a Conditional Use, within the PCD. The proposed use is compatible to the mixture of uses located within the PCD and around the Central Boulevard and Victoria Falls Boulevard. As such, the requested use is consistent with this criterion. Page 10 of 16 (10} Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The subject site is the located within an approved PCD which has been designed to accommodate future uses, such as the requested ALF. Through the PCD approval, the impacts of the development were reviewed and addressed. The adopted Design Guidelines will govern the orderly development of the PCD. The subject request is consistent with this criterion. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city. The proposed upscale ALF within the existing Central Gardens PCD provides a needed service in an area convenient to both workplaces and residences. The building is proposed within a commercial building pad, which has been vacant for nearly 25 years. The proposed use is consistent with the City's goals, objectives and policies. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. No adverse impacts are anticipated with the proposed use. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, stormwater management, wildlife, vegetation, and wetlands. The environmental impacts of development were addressed when PCD was approved. At that time, four acres of upland habitat has been set aside for preservation. As the subject site is within the PCD, there are no environmental impacts associated with this request. Waiver Requests The applicant is seeking two waivers from the City's Land Development Regulations. Similar to the waivers requested and granted for the adjacent Hamptons at Palm Beach Gardens residential community, the applicant is requesting a waiver to allow landscaping and improvements within the lake maintenance tracts. These waivers will allow the site to maximize its landscaping and open space areas. Please note that the site features more than 44% open space. The applicant is also seeking a waiver to allow 75 parking spaces for the 114,864 square foot facility as the current parking requirement for assisted living facilities would only require 35 spaces. The additional parking spaces are needed for the employees for this high quality assisted living facility. Improvements within Lake Maintenance Tract The applicant is seeking a waiver from Section 78-563 of the City Code to allow for improvements with the lake maintenance tract (LMT). Within the site's lake's LMT, the applicant is proposing to provide landscaping and a sidewalk in order to amenitize and beautify the lake feature. The applicant is proposing include a five-foot sidewalk, trees, shrubs and groundcover around the lake. Please note that the applicant will provide a 12-foot wide clear area within the LMT for any Page 11 of 16 future maintenance needs. This waiver is requested because a landscaped lake will create a beautiful view for the facility residents and visitors. Consistent with the requirements of Section 78-158 ofthe City's LDRs, the waiver request shall comply with a majority ofthe criteria listed within the code. The City's waiver criteria are listed below in bold and the responses follow in italics. (1) The request is consistent with the city's comprehensive plan. Goai4.C.1. of the City's Comprehensive Plan requires the City to regulate and provide adequate drainage and storm water facilities in the community. Consistent with other projects within the City, the proposed waiver will allow for the landscaping of the project's lake while still providing a minimum of 12 feet of clear area for future maintenance activities. The proposed waiver will not adversely impact the drainage system within the project while creating a beautiful amenity for the future residents of the proposed ALF. As such, the proposed request is consistent with the City's Comprehensive Plan. (2) The request is consistent with the purpose and intent of this section. The purpose and intent of this Section 78-158 is to promote creative and innovative design through the planned development process. With the waiver request, the applicant will be able to provide a creative and innovated design to beautify the project lake while retaining its functionality. As such, the waiver request is consistent with the purpose and intent of Section 78- 158. (3) The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. The requested waiver would allow for landscaping and a sidewalk within project's lake maintenance tract. These requested improvements will change a drainage utility function to a focal point within the project. In addition, the proposed site plan is part of the overall Central Gardens MXD PCD which will have a mixture of uses, interconnections between uses and extensive open spaces, which are all encouraged within the City's goals, objectives and policies. (4) The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. The requested waiver will allow for the provision of a landscaped lakefront within the project. This will create a qualitative environment for the residents of the facility. In addition, the proposed site plan includes exceptional architecture, additional open space and exceeds the landscaping points requirements. (5) The request for one or more waivers results from innovative design in which other minimum standards are exceeded. Page 12 of 16 As stated earlier, the proposed landscaping and sidewalk along the lakefront will enhance the look and functionality of the project. Please note the proposed use will generate less traffic than the other approved uses allowed within the non-residential portion of the PCD. In addition, the site is providing 44% open space, which is nearly three times the City requirement for mixed use projects. (6) The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. With the PCD approval, 4 acres of upland habitat and 0.4 acres of wetland will be preserved within this infill site. The requested waiver does not affect the amount of land dedication to preservation on site. (7) The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. The proposed waiver allows for creative and innovative land design, which is encouraged by the City through its policies and regulations. The site plan features desirable architecture, innovative building locations and enhanced pedestrian amenities. (8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The provision of landscaping and other improvements around the project's lake will not require any additional screening. (9) The request is not based solely or predominantly on economic reasons. As the applicant is requesting to add more landscaping and other improvements around the lake than what is required by code, the requested waiver is not based on an economic reason. (10) The request will be compatible with existing and potential land uses adjacent to the development site. The requested waiver to allow for improvements within the lake maintenance tract is interior to the property and will not adversely impact the view from adjacent properties or rights-of-way. (11) The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. Page 13 of 16 The waiver request will allow for landscaping and sidewalk improvement which will enhance the aesthetic quality of the project. Any impacts to the public health, safety and welfare are negligible. Additional Parking Spaces The applicant is seeking a waiver to Section 78-345 (d)(1) to allow additional parking spaces on site in excess of 10% of the total requirement. Code requires that additional parking spaces be offset by additional open space. The additional parking is needed for the assisted living and memory care facility because the facility will have more employees than anticipated for such uses within the City's parking regulations. The proposed facility will have approximately 114 total employees servicing the facility on an around-the-clock basis with no more than 75 employees during the busiest times. The applicant is proposing more than the additional open space required by this provision. Below is a calculation on how the site meets this criterion for the waiver request. Parking Provided -75 spaces Parking Required-35 spaces Difference between Provided and Required parking spaces-40 spaces above requirement (Code allows 10% above required parking amount) Difference between 40 additional spaces and 10% standard (3.5 or 4 spaces for site plan)-36 parking spaces 36 parking spaces x 185 square feet for parking space size = 6,660 square feet of additional parking space area 6,660 square feet x 1.5 ratio for additional open space = 9,990 square feet of open space required Within the site plan: 2.67 acres of open space provided (44% of site-does not include parkway or upland preserves) 1.16 acres of open space required 1.51 acres or 65,775 square feet of additional open space provided. The 9,990 square feet of additional open space required for the additional parking is part of the 65,775 square feet of additional open space provided within the site plan. Consistent with the requirements of Section 78-158 of the City's LDRs, the waiver request shall comply with a majority of the criteria listed within the code. The City's waiver criteria are listed below in bold and the responses follow in italics. Page 14 of 16 (1) The request is consistent with the city's comprehensive plan. The City's Comprehensive Plan requires the City to regulate the off-street parking within development projects in order to facilitate access to individual uses. The requested waiver allows for additional parking which will be needed to serve the employees for the proposed facility and not create any off-site issues. The proposed request is consistent with the City's Comprehensive Plan. (2) The request is consistent with the purpose and intent of this section. The purpose and intent of this Section 78-158 is to promote creative and innovative design through the planned development process. With the waiver request, the applicant will be able to providing additional parking to serve the employees for the proposed assisted living and memory care facility. The proposed high-quality facility will have more employees, an estimated total of 114, than what was anticipated when the parking standards for assisted living facilities in the City were created. The additional parking area has not impacted the required open space for the site as the applicant is providing three times the amount of required open space. As such, the waiver request is consistent with the purpose and intent of Section 78-158. (3) The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. The requested waiver would allow for additional parking spaces, in excess of 10% of the requirement, to be included in the project. The additional parking spaces, in various forms located throughout the community, will be a benefit for employees of the facility and not create an off- site parking problem. In addition, the proposed site plan is part of the overall Central Gardens MXD PCD which will have a mixture of uses, interconnections between uses and extensive open spaces, which are all encouraged within the City's goals, objectives and policies. (4) The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. The requested waiver will allow for the provision of additional parking spaces within the project. The additional open space which is required by the code criteria for this waiver has been exceeded within the project plans. In addition, the proposed site plan includes exceptional architecture, additional traffic circulation for the project and exceeds the landscaping points requirements. (5) The request for one or more waivers results from innovative design in which other minimum standards are exceeded. As stated earlier, the additional spaces are the result of the advanced staffing levels of such assisted living and memory care facilities. Innovative design techniques have been used to ensure Page 15 of 16 adequate parking is provided while still exceeding City requirements for building setbacks, open space and landscaping points within the project. (6) The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. With the PCD approval, four {4) acres of upland habitat and 0.4 acres of wetland will be preserved within this infill site. The requested waiver does not affect the amount of land dedication to preservation on site. (7) The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. The proposed waiver allows for creative and innovative land design, which is encouraged by the City through its policies and regulations. The site plan features desirable architecture, aesthetic landscaping design and pedestrian amenities. (8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The provision of additional parking spaces does not require any additional screening. (9) The request is not based solely or predominantly on economic reasons. As the applicant is requesting to build additional parking spaces, the requested waiver is not based on an economic reason. (10) The request will be compatible with existing and potential land uses adjacent to the development site. The requested waiver to allow for additional parking spaces will not impact or be seen from adjacent properties or rights-of-way. (11) The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. The waiver request will allow for a safe and efficient parking within the project. Any impacts to the public health, safety and welfare are negligible. Page 16 of 16 Location Map HARBOR CHASE AT PALM BEACH GARDENS PALM BEACH GARDENS, FL AERIAL LOCATION MAP A N 1 RESOLUTION 9, 2015 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A SITE PLAN AND 6 MAJOR CONDITIONAL USE APPLICATION FOR A 140-BED 7 ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE 8 CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT 9 (PCD) LOCATED ON THE WEST SIDE OF CENTRAL BOULEVARD, 10 SOUTH OF THE INTERSECTION OF HOOD ROAD AND CENTRAL 11 BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; 12 PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; 13 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 14 15 16 WHEREAS, the City Council , as the governing body of the City of Palm Beach 17 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 18 Statutes, and the City's Land Development Regulations, is authorized and empowered 19 to consider petitions related to zoning and land development orders; and 20 21 WHEREAS, the City Council adopted Resolution 28, 2012, approving the Central 22 Gardens PCD for a development program consisting of 57,500 square feet of retail use, 23 40,784 square feet of office use, and 348 multi-family units located on the Parcel 24 31 .06/07 PCD , which is comprised of approximately 41 .75 acres and is located at the 25 southwest corner of Hood Road and Central Boulevard ; and 26 27 WHEREAS, the City Council adopted Resolution 30, 2012, approving a site plan 28 for Parcel A within the Central Gardens PCD for the development of 224 multi-family 29 dwelling units on approximately 22 .73-acres; and 30 31 WHEREAS, the subject site has a Planned Community Development (PCD) 32 Overlay zoning designation has the land-use designations of Mixed Use (MXD) and 33 Residential High (RH); and 34 35 WHEREAS, the subject site is included in the Bioscience Research Protection 36 Overlay (BRPO); and 37 38 WHEREAS, the Planning and Zoning Department has reviewed the application , 39 has determined that it is sufficient and consistent with the City's Comprehensive Plan 40 and Land Development Regulations, and has recommended approval; and 41 42 WHEREAS, the Planning , Zoning , and Appeals Board reviewed the PCD 43 amendment petition at its January 13, 2015, meeting and recommended approval of the 44 subject petition by a vote of 6 to 0; and 45 46 Page 1 of 7 Resolution 9, 2015 1 WHEREAS, the City Council deems approval of this Resolution to be in 2 the best interests of the health , safety, and welfare of the residents and citizens of the 3 City of Palm Beach Gardens and the public at large. 4 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 7 OF PALM BEACH GARDENS, FLORIDA that: 8 9 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 10 11 SECTION 2. The site plan and major conditional use is hereby APPROVED for the 12 following described real property to accommodate the development of a 140-bed Assisted 13 Living Facility within Parcel B of the Central Gardens PCD, subject to the conditions of 14 approval contained herein, which are in addition to the general requirements otherwise 15 provided by resolution for the real property described as follows: 16 17 LEGAL DESCRIPTION: 18 19 THE PLAT OF CENTRAL GARDENS AS RECORDED IN PLAT BOOK 115 ON PAGES 20 190 THROUGH 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY , 21 FLORIDA. 22 23 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 24 APPROVES the following two (2) waivers: 25 26 1. Section 78-345(d)(3), Increase in required parking spaces greater than 20 27 percent (20%), to allow a total of 75 parking spaces on site. 28 29 2. Section 78-563(e), Lake maintenance tracts, to allow certain improvements 30 within the lake maintenance tract. 31 32 SECTION 4. This approval is subject to the following conditions , which shall be 33 the responsibility of and binding upon the Applicant, its successors, or assigns: 34 35 1. Prior to the issuance of the first building permit, a pre-permit meeting with 36 City staff is required. (Planning and Zoning) 37 38 2. A separate sign permit is required for the project's proposed signage. 39 (Planning and Zoning) 40 41 3. Prior to the issuance of the Certificate of Occupancy for the subject building, 42 approved civil design and architectural drawings, including floor plans, shall 43 be submitted in digital format. (GIS Manager, Development Compliance 44 Officer) 45 46 Page 2 of7 L....----------------------~--- Resolution 9, 2015 1 4 . Prior to the issuance of the first building permit, the Applicant shall install a 2 six-(6) foot-tall construction fence around the perimeter of the construction 3 area or as otherwise approved by the Director of Planning and Zoning . The 4 Applicant shall install a privacy tarp with the construction fence along the 5 portions of the construction site which are visible to the public. (Planning 6 and Zoning) 7 8 5. Prior to the issuance of the Certificate of Occupancy , an inspection is 9 required by the Development Compliance Division. (Development 10 Compliance Division) 11 12 6. Prior to the issuance of the first building permit, the Applicant shall comply 13 with City Code Section 78-261 , Art in Public Places (AIPP) and submit 14 construction cost estimates to verify the one percent ( 1%) vertical 15 construction cost for the required AIPP fee. Art in Public Places is required 16 if the vertical construction cost of all new improvements on the project site is 17 greater than One Million Dollars ($1 ,000,000). The Applicant shall provide 18 art on site or make a payment in lieu thereof. (Planning and Zoning) 19 20 7 . Prior to any land alteration, an environmental survey shall be submitted to 21 identify and inventory all listed plant and animal species and a relocation 22 plan . All listed/protected plant and animal species shall be protected 23 through the appropriate permitting agency . The environmental survey shall 24 ensure compliance with the approved Preserve Area Management Plan 25 (PAMP). The environmental survey shall be submitted for review and 26 approved by staff. (City Forester) 27 28 8. Prior to the issuance of the first vertical building permit , the southernmost 29 right-hand turn lane for the project must be under construction. All 30 construction traffic shall use this turn lane. (Engineering) 31 32 9. The Applicant is required to re-plat the site to include all changes to the 33 preserve, utilities, lakes , maintenance tracts, etc . Prior to the issuance of 34 the infrastructure permit or the issuance of the building permit for the vertical 35 construction , whichever occurs first, the Applicant shall receive a Technical 36 Compliance Approval (TCA) letter for the re -plat of this project from the 37 Planning and Zoning Department, in accordance with the City's LOR . Prior 38 to the issuance of a vertical building permit, the re-plat for this project shall 39 be approved by City Council. (Engineering) 40 41 10. Prior to the issuance of the Certificate of Occupancy for the Assisted Living 42 Facility , the Applicant shall provide pedestrian scale lighting along Central 43 Boulevard . All lighting shall be spaced out as much as possible . A signed 44 and sealed photometric plan shall be submitted for review and approval by 45 the City . (Engineering) 46 Page 3 of 7 Resolution 9, 2015 1 11 . Prior to the issuance of the infrastructure permit, the Applicant shall submit 2 signed/sealed/dated construction plans for review and approval and a 3 pavement marking and signage plan , or provide the same on the 4 engineering plans. (Engineering) 5 6 12. Prior to the commencement of construction, the Applicant shall schedule a 7 pre-construction meeting with City staff. Inspections related to the 8 infrastructure permit will not be performed until the pre-construction meeting 9 has occurred. In addition , failure to comply with this condition could result in 1 0 a Stop-Work Order of all work/construction activity for the subject 11 development site. (Engineering) 12 13 13. The required ADA elements for the building entrance, pedestrian access 14 areas, and ramps shall be shown and detailed on the permit plans for staff 15 review . (Engineering) 16 17 14. The construction, operation, and/or maintenance of any elements of the 18 subject project shall not have any negative impacts on the existing drainage 19 of surrounding areas. If at any time during the project development it is 20 determined by the City that any of the surrounding areas are experiencing 21 negative drainage impacts caused by the project, it shall be the Applicant's 22 responsibility to resolve said impacts in a period of time and a manner 23 acceptable to the City prior to additional construction activities. The City 24 may cease issuing building permits and/or Certificates of Occupancy until all 25 drainage concerns are resolved . (Engineering) 26 27 15. Prior to the issuance of the infrastructure permit or demolition permit, 28 whichever comes first, the Applicant shall submit an updated construction 29 phasing and safety plan for the City to review . The construction phasing 30 and safety plan will need to be monitored throughout the construction 31 duration and modified as necessary to allow for safe and effective 32 pedestrian and vehicular movement throughout the site. If at any time the 33 contractor wishes to modify the phasing plan, a revised phasing plan shall 34 be submitted to the City Engineer for review . (Engineering) 35 36 16. The Applicant shall provide the City Engineer with copies of all permits, 37 permit applications, and Requests for Additional Information to and from 38 regulatory agencies regarding issues on all permit applications, 39 certifications, and approvals, including South Florida Water Management 40 District, Northern Palm Beach County Improvement District , Seacoast Utility 41 Authority , Palm Beach County , Health Dept, etc. (Engineering) 42 43 17 . Prior to the issuance of the infrastructure permit, the Applicant shall submit 44 a lighting permit application along with a signed and sealed photometric 45 plan to the City . (Engineering) 46 Page 4 of 7 '---------------------~-~- Resolution 9 , 2015 1 18. Prior to the issuance of the certificate of completion, the Applicant shall 2 provide certified as-builts. (Engineering) 3 4 19 . Prior to the issuance of the Certificate of Completion, the Applicant shall 5 provide copies of the required testings, as provided for on the plans and 6 specifications and in accordance with FOOT for the City 's review . 7 (Engineering) 8 9 20 . Prior to the issuance of a Certificate of Occupancy for the new building , the 10 Applicant shall submit all required recorded easements and easement 11 modifications to the City . (Engineering) 12 13 21 . All pavement marking and striping , excluding parking stall striping , shall be 14 installed with thermoplastic materials. Also, paver bricks of appropriate 15 color shall be used on paver brick areas, in lieu of paint or thermoplastic 16 material for conformance with Section 78-344 of the City's LOR. 17 (Engineering) 18 19 22 . The Applicant shall comply with all Federal EPA and State of Florida 20 Department of Environmental Protection NPDES requirements , including, 21 but not limited to, preparation of a storm water pollution prevention plan and 22 identification of appropriate Best Management Practices , as generally 23 accepted by the Environmental Protection Agency (EPA) and/or local 24 regulatory agencies, for construction activities, implementation of the 25 approved plans, inspection, and maintenance of controls during 26 construction , including a Notice of Intent prior to the issuance of the 27 infrastructure permit and Notice of Termination prior to the issuance of the 28 Certificate of Completion for the infrastructure permit. (Engineering) 29 30 23. Prior to the issuance of the clearing permit, infrastructure permit , or the 31 building permit for the vertical construction , whichever occurs first, the 32 Applicant shall provide itemized cost estimates and surety for the project 33 (public or private), in accordance with LOR Sections 78-309 and 78-461 . 34 The itemized cost estimates shall include all public elements for the on-site 35 and off-site infrastructure, landscaping , and irrigation-related improvements 36 for the project. The cost estimates shall be dated , signed , and sealed by a 37 professional engineer and landscape architect registered in the State of 38 Florida. Surety will be based on 110% of the total combined City-approved 39 cost estimates and shall be posted with the City . (Engineering) 40 41 24. Prior to commencement of construction , the Applicant shall provide all 42 necessary construction zone signage and fencing as required by the 43 Engineering Department. (Engineering) 44 45 46 Page 5 of 7 Resolution 9, 2015 1 25. Prior to the issuance of any building permit, the Applicant shall submit an 2 approved demolition and construction site security plan complete with 3 emergency contacts, proper "No Trespassing" signs consistent with Section 4 810.09 , Florida Statutes, and any other security measures and policies 5 proposed . (Police Department) 6 7 SECTION 5. This petition is approved subject to strict compliance with the 8 Exhibits listed below , which are attached hereto and made a part hereof as Exhibit "A ". 9 1 0 1. Harbor Chase Site Plan , Sheet SP-1 , prepared by Urban Design Kilday 11 Studios, Inc., dated December 24, 2014. 12 13 2 . Harbor Chase Details, Sheet SP-2 , prepared by Urban Design Kilday 14 Studios, Inc., dated December 24, 2014. 15 16 3. Harbor Chase Adjacent Property Sightline Analysis, prepared by Urban 17 Design Kilday Studios, Inc., dated December 3 , 2014. 18 19 4. Harbor Chase Utility Corridor Cross Section , prepared by Urban Design 20 Kilday Studios, Inc., dated December 3, 2014. 21 22 5. Harbor Chase Landscape Plan , Cover Sheet and Sheets LP-1 through LP- 23 6, prepared by Urban Design Kilday Studios, Inc., revised on December 5, 24 2014, and December 24, 2014. 25 26 6. Harbor Chase Exterior Color Elevations East and North , prepared by BOKA 27 Powell, LLC , dated December 1, 2014. 28 29 7 . Harbor Chase Exterior Color Elevations South and West, prepared by 30 BOKA Powell, LLC, dated December 1, 2014. 31 32 8. Harbor Chase Exterior Elevations East and North , prepared by BOKA 33 Powell, LLC, dated December 1, 2014. 34 35 9. Harbor Chase Exterior Elevations South and West, prepared by BOKA 36 Powell, LLC, dated December 1, 2014. 37 38 SEC TION 6 . All representations made by the Applicant or the Applicant's agent 39 at any public hearing regarding this application are specifically incorporated herein , and 40 this approval is granted subject to same. 41 42 SEC TION 7. This Resolution shall become effective immediately upon adoption . 43 44 45 46 Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Res ol ution 9, 2015 PASSED AND ADOPTED this __ day of _______ , 2015. CITY OF PALM BEACH GARDENS, FLORIDA BY: ----------------Robert G. Prem u roso , Mayo r ATTEST: BY: --------------Patr icia Snider, CMC , City C lerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman , City A tto rn ey VOTE: AYE NAY ABSENT MAYOR PREMUROSO VIC E MAYOR JABLIN COUNCI LMEMBER RUSSO COUNCI LM EMBER T INS LEY COUNC ILM EMBE R LEVY G :\attorney_share\RESO LUTIONS\2015\Resolution 9 2015-ALF Site Plan approval-Central Gardens PCD.doc Pag e 7 of 7 Resolution 9, 2015 EXHIBIT "A" SITE DATA: Pm11011- PROPOIED USE: TOTALBEOI!I ' TOTAL FLOOft AREA: IIULDINO"""""""" BUif...OetOHEIQHT: LOTCOIIBW>E AU.OW!D ~ -·· -. IIIPElMOUS AREA PEIMOUS ARf.A =A~RYI! (2:fto OF UPLAND) ~MEA: :::""" CCM!NoOE ......... .__ ~tWA SPAC~!t:. UHfT (f • ,_,.,..,..,. PARICINQ •ACU ~ TOTAl. PARI<If«l SPACE SIZE 35SP. 1.7J.N!. _,_,_ ...... 11 ....... :a 8TORfD SS.:.1'; UOAC. 1.DN:.. 1ft, 131M. '""' 03Ao. .... " , ... ... - 0.17At:.. a.• At:.. o.•N:.. 0.14AC. 1.DN; . .... At;. U1N:. 1.1!1/tC. l'.111C. n.,.ACS , ..... 1.5'X11.5' 2 81KE8P. DEVELOPMENT TEAM LAND PLANNER & LANDSCAPE AR ~rban Design Kilday Studios CH . T7 S. Rosemary Ave. Ste 225 West Palm Beach, FL 33401 (561)366-1100 ENGINEER & SURVEYOR Keshava~. & Associates, Inc. 711 N. Dooe Highway Suije201 West Palm Beach FL 33401 (561) 689-a600 • ARCHITECT BOKA Poweii.LLC 8070 Park Lane. Suite 300 Dallas, Texas 75231 (972) 701 9000 DEVELOPER 3~10 = OeveSt,loSpment Co, LLC LOCATION MAP S"lve ons utle 800 Dallas, Texas 75219 'fF==~~~-'!,!!!~==db (214) 561-2830 II MXDLOTCOVERAGE COMMERCIAL MAX. 50% P,_..t 11% MXDHEIGHT COMMERCIAL Min. 2 Floors Max. 4 Flo«o P,_..t 3 Floors ' ' ..........._.!JIIJEW ............ .... ' ' ~ ~ ......... ' ' ~ ...... ~ ~ -.......:::::: ...... urt:xJn des1gn kl 'ldOLJ STU 0 I 0 s:J Urban Planning & Desi n landscape Archltectu~ Communication Graphics ~~-c.ty~ W.lP:::::'~-= 22S :..~~!::.:., 561.Je8.111 1 II.CC<IOOOJ' 111 "C "i: ..2 u.. NORTH 0 20' ~· ... -.-... 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I:M'c::orNe!Wf'lalonly. ~connctorll~fDr .. .,..no.non~PIM&. • Al~-lhllbe~.""**-'orolherwl8eeowr.dwilhgroundOCJIIIW'per,_ ..... -• T-lhoWn on.,. p.n .. griiPhie r.p......,... on,. r,.. ~II t..d on dBign ~and e. hMihcMnon._ pe.. .-.rnptto KCOm.,W. tt.l~wtlil INifDininglhe ~ ..a.cbtram ldJein. r-maybefteld ~to-*! c:on11tta Wllh ~lnd unct.vround~ ln~c:.M hi._.,_. be~ mll'lefteld In KCOI'tl.-.c~Wiltllhep.lllngat.hsllownhelwon. • T,_s .. toN•~wtlh•MIIIIntJat(1S}~fromllly_....IMin..s.lof~ ~Widllfl.-lona. lf•tlllenfoai(15'~C8MDibe.n.v.d,thetwiatobll ~WIIh •roalt.rrier~in~ncawiltllhe~Mntlng~lhownn..otL • FWrna-to be~ wtlh • ten foot (10') mmun aep..ton rrom anr -m.n M/Jio( ..w::.,l'lydlwa,.ndiiftNiiorw. lfat.nb:JI(1~CMnatbe~1heplllrnll10 bll....a.dwill • roatt.n.._., mK:CO!d..:eWIIhlhe ~ ...._ ahawn hlnon. ~ OVE:RALL PLANT SCHEQULE , ® ~--~~··· 0 Q3 ~ ~ 0 I"" I'""' 0 I"" ~=--w •m 0 i= @ G3 ( 1;;;;- 0 1-~--- 0 1-1- • 0 ci ~ r' ·~- ~~ li> ~~ 1-1...-;,- .,~ ~¢ 0 0 I~ • 0 $ 1-!=.;- Qf.~i w~ ~·-· ::::::::: :.:::::: -·--1----·--;·-· ·- ;·-· ;·-· ~'l//.. ':1:/Y::C:; r'"' -· 1- = ;·-~~.~-· ~~ 1;,;-__ .. • AIIDIIntl'ftiWi-'tOe<iflationstndconu~tilftlistMintheprotlcti'IMI:Sctwdule_,...._. """'""""'-AIIpl.llnt,_..ialsblll t.Fioridl •lor~.COnr-=toi'"etn..-dthe,.quit.clminlmum spklfbtoon ilnd conq.,.... • baed on mfteti.ll n-..:Miitv. • .t.~r"nttllolteti•wn~,nd.:lheretoflondiGradnnsu.-.for......_,l'lants.The Lllndtt.l AtdlttectcwOienthnetne .. l'llolt«NNIMt I"":::"' I.=:, :::::-. . . n . . .. . . .. " ~ . . . . . "' . . •n ---. - n .... .. . .. . . .. ·~· ... . . -. --. - ' . . ,.'::,~ ... ::;. ~ . .-::~ ...... . =::, .... ; =::;:: .... ""=-= -~ ,_, - NOT TO SCALE SITE. & LANDSCAPE CALCULATIONS Sire CALCULATIONS TOiaiSitiiAraa OPEN IPACE REQ!!!!!ED OPEN SPACE PROPOSED l..andocape I Sod 8111811 -Water Surface Area LME l'reoeM! Area Par1<way Area TOial : LANDSCAPE POINTS R!gul .... 9.5 poinlo par 100 SF lor-Uoe 1.nAC 3,39/IC,/44% 4,33 AC, /58 % .18/IC.* 15% ACREAGE % 1.63 ac./71,002 SF 0.50 ac./21, 780 SF 0.54 ac./23,522 SF (Not included • counted as part of PCD) (Not Included • counted as pert of PCO! 2.87 ac./118,304 SF 44.1 %(of 8.08 ac) t 118,304 SF of Open Spooa x 9.5 /100 = 11,049 points (Open space I01d poinlo-on 8.08 AC of not alta •--Pall<way I01d -.e Atea) T .... : 2,848 9362 11,804 1,828,4 2,280.0 ® iil!i.l 'i;!ti Ill www.caUsunshtne.com Urban Planning & Design Landscape Architecture Communication Graphics TheotllonatCityPI.:e 4T7S.~Ave •• Suitle225 Wlllll: Palm Beech. Fl 33401 561.358.1100 FAX 1161.386.1111 --~-oom R.CCOOOOJS """"' ,. ....................... lltldp!MI; _.....bJ .... "'--'CC -........Stlrlltld -~de. -.go-, lltld ---.:1 ..... ~,_., .... .......,poqiiiCl. T~wM-..-... . .........-orpllnl; -riOibol-by,or,..._ .. ...,.'*-lnn,or__,.........,_.,.._ ~dlt."-v- 062:510 '4 l'rotect No.: 08-031.010 ~By: OEM Dr.-a By: OEM Chec:Md Br: J8IHC COVER I .. , .. ~~::. -;-+_1 "-,-' "~ -~'',-1U(f ~TBJllfi.JT"rPCII.a ~'' l -~,~, .2,-_ - . ~=J-=--":---, ~•w•""""~,....,., • ----.,~~, ~--==~-· ~FCJUII'IIJATION '.t ',, -"'-~= '<.' M810NED TO ~tm:l.PO a="' ' '· ' (0118«07,PQU18 ~ ~ ~ ~ "........,.;..... .... AU.~~~ ,, '"""""""'~- ~~_T!w'E ', Landscape Excavation and Backfill Notes: • TtM and shrub~ beet. which filii 'flf1thln or.,...~ Iota,_. SMI! be ~ e~ and beck-filled Wllh ~-No IMII-nX:il. or oiMf tNIM '"*"-II. Mdal .W.OI and debnl., 1M11 be~~ from~ such planting ....... m a mnmum dllpth ol ~-Upon ~ al ~ L.andKape An:tll-.ct or OWNER thlllllnlpec:t h ax~ -prior to t.::kfifling --All ne ar.ilor ahn.lb plrjbng at111al wlth•n 8' of bu•ldlng foundMion&. and any other planting ..... where~ bl.lned c:oniiJ\JQion detn • ~. Mall be complftlly ·~to. minimum depltt ot 36". Upon completion ol ~ ~ Art:MKt or OWNER .rwllmapect h ~ ..... prtor to t.cldil~~~g with .... www.CIIIIlsunshlnt.com nw:TLB-4 urtx:ln design !\IJ~E~ Urban Planning & Design l.Jindscape Architecture Communication Graphics The OftlcR • City PIK:8 4n s . Roee~Mty Ave .• Sllltlt 225 W..t ~ BMc:h, FL 33401 561.366.1100 FAX 581.386.1111 -.udkatud•o..com "-CCOOO<l35 """""' M-.~~...clp- --nMd~-dr..-.g...,.,...,..DJ- ~p!Ope<trd ... ......,....--a.- for .... --... cl .. ~~ -.._~-....,..,..._.,..OIIJIIN -notbe-tly,OI_,... 10,~ lfm.orCOI'piii'Mk>n_...,.IIW_n ~., ... .....,.. tn r::::: C1) "'C 'I-~ ca 0 co :g 1ft 0 - C1) '-' u:: c: ; tn .r::::: 'i. £Ji co CJ Cl) Cl) .r:::::co"Eg. 0 C1) ~ ~ ,J·: ~ """ "C 0 ...... ~ ~, .c E ~;I ~-ca co co ..§ lii j :I: a.~ or ~ NORTH 0 20' .tO' 80' --·-S..Ie: 1"•40"..0" 015 l:i.2G '~ (18..031.010 OEM OEM PLANT LEGEND -ki'T~NMIEtcot.M»>NMIE ® '" ~-, ....... ......., 0 a.-..-1 ~0.... \B ....,.._,.....,..._. ~ ~.-..---,~c:...~-r- ® ~·T.-..-·t ~c.....,...-.r...,.. 0 ---a...·t ...,_ 0 ---a...-, ......... 0 ---a...·t .......... @ c.-..... , ....... U..Ool (B T_-.,..I _T_ 0 , ___ ,_o,p.. 0 T_.. ........ ,_oww- 0 T_..,.........,,-c:wo- """ IOTN«:N..-1 ~-"-*:..,._./,...,DIIIII"'*"..._T_ ~~~-...... ~.....,., __ ~ .. _____ , __ ,., 0 0 • WWW.CIIIIaurwhlne.com AU EXOTIC PLANT MATERIAL IS TO BE REUOVEO . SLIPPlEMEHT WITH NATIVE PI..NffiNG WHERE EXOTICS ARE REMOVED AS SHCJWN ON PCO BUFFER A. TYP. ,- ~~EWD~\•ATER :~~~~~ & SEWER EASEMENT (OR81W7,~"-1M7,PBCR) ~/ .. PROPOSED lURN lANE ../'-."-"" ""' ,. , .. EXISTING VEGETATION WITHIN T1£ IKI.O' PARXWAY Jl...-".-.>.c-_,..,.., BUFFER IS TO BE REMOVED AND SUPPlEMENTED WfTH NA T1VE Pl.ANTlNGS.. CN«JJPY TREES ANO NATIVE GROUPINGS OF SHRUB AND GRASS MATERIAl WILL BE PlANTED ItS SHOWN , TYP. l ~~' ~ 12' WATER & SEWER ~ENENT (ORB 14821 , PG 1848, PBCR) '~!OOEW~~ '~ ------------- LOCATION MAP 2f1 WIDE ST ABIUZEO SURFACE FOR EMERGENCY VEHIClES ONLY / II J ----POTABlE WATER SOURCE "":("_/ Urban Planning & Design Landscape Architecture Communication Graphics ThltOfl'lcnMCilyPIK:e ens. Rc~een-.ry Ave •• Sui~' 225 Well Palm a..:tl, Fl33401 561.36CS.1100 FAX 561.366.1111 -.UIIQtucl~o..com ~CC000035 -.... --.-.gna........-,-.d.,... --tlye.~--lly"PIOPMJ"'N~r.--b"N--d.,_...,..,Pfi!IIICl. "--."-''lfW........,_.orpWII --~-o,.or~.,...,~ frm,orCOI'PO<IIIIOrl_,.""_ -dl--..... f/) c: Q) "'0 '1-s... nl o ca "'C ·.: Q)(!) .2 LL l f/)J: rA ca u c c I Cl) .c:ca "'C ... 0Q) nl nl • C) _, S...aJ ..c O..J 0 CJ ~I nl .cE Cl) s... Ill ~I ca ca E "C . c , :I: C.. nl j f a.. ~ NORTH 0 15' 30' 60' -.---Sc;ale: 1• • 30'-0"' Dl'i i"i-1014 Project No.: 08-031.010 o..gned By: OEM Drawn By: OEM ChecUd By: J8IHC RovtolonDo ... , .&:ORCRESU811JTTAI.. Oi.t7.20$4 ~ DRC RESU811tTTAI.. 12.!16JDW DRC~AI.. IUUDiol LP-2 of6 ' ' ' ' I ~CTLB-6 II 0 PLANTING BED EDGE NOTlOSCALE REMAINING SHRUBS ARE FILLED IN BEHIND THE FRONT SHRUB LINE. ,------------IIES'r ""''CE"Of" PlAt.rTTO BE TOWARD n-tE FRONT EDGE OF THE PlANTING BED. ,----------3"MUlCH ,--------12" WIDTH AlONG BED EDGE o\5 DEAD ZONE MAINTAINED CENTERLINE TO BE 4" BELOW FINISH GRAOE OF SOO. LAYOUT OF SHRUBSA.Tll£ PlANTING EDGE IS DONE FIRST TO ESTABUSH A CONTINUOUS UNE. BEST FACE OF SHRUB TO FACE FRONT Of' Pl.AHTING BED. SOD. USE ROUER TO SMOOTH SURFAC£. MULCH RING NO TREE TO BE PLANTED CLOSER 1"liA.N 4' TO BED EDGE. PI.ANTINGBEDEOGECVTCt.fAN AND SlRAIGHT AS DIRECTED BY OWNER. MAINTAIN 12" DEAD ZONE AT BED EDGE. SEE PlANTING BED EDGE DETAIL 0 SHRUB & GROUNDCOVER LAYOUT NOTlOSCALE NOTE: TOP OF ROOT BALl SHAU. BE AT LEAST 'Z' ABOVE THE FINISHED GRADE. AND COVERED WITH A 3" LAYER OF MULCH. ANY PRUNING SHALL BE DONE AT THE DIRECTION OF TI-E OWNER. ~~"1\"l),dl-~M'---USE Ill' DfAMETER REINFORCED RU88ER HOSE TIED WITH 12 SllW'«) GALVANIZED WIRE; 3(MIN.) EVENLY SPACED GUYS PER TREE; FOR. TREES 10' AND OVER ADO ONE TURNBUCKLE TO EACH WIRE TO MANTAIN SUPPORT REO -'NO WHTE STRIPED FlAGGING RIBBON BUilD oi~ CONTINOOUS SAUCER AROUND THE TREE PtT TO HOLD IRRIGATION WATER. 2"x4'"x2•~ STAKE (PRESSURE TREATED) ROOT BALLS GREATER THAN 2' IN DIAMETER SHALL SIT ON MOUND OF UNDISnJRBED SOIL TO PREVENT SETTLING. ROOT BAU..S SMALLER THAN 2' CMAMETER MAY SIT ON COMPACTED EARTH. DIAMETER OF HOl.E FOR BALl TO 2' StW..L. BE TWICE THE DIAMETER. Of THE ROOTBAL.L. DIAMETER Of THE HOLE FOR ROOTBAU.S 2' & GREATER SHALL BE 2' LAAGER THAN THE DIAMETER OF THE !1ALL. FlU. MATERW. SHALl CONSIST OF NAllVE SOil FROM THE HOLE DUG FOR THE PLANT. 0 IRREGULAR & MULTI-5TEM TREE PLANTING NOTlOSCALE TRIM ONLY lliOSE FRONDS WHICH HANG BELOW LEVEl. OF TREE HEART. MINIMI.N OF NINE {Ill GOOD PALM FRONDS. NOTE; CABBAGE PALMS TO BE INSTA.U.EO HURRICANE CUT UNLESS OTHERWISE SPECIFIED. TRUNK Ot.t.METER SHALL BE CONSISTENT- WITHOUT ABRUPT CHANGES. LOOSE SHEATHES, HOLES. OR CAvmES. SECURE BATTENS W/2-314" HtGH CARBON STEEL 8AHOS TO HOLD BATIENS IN PlACE. '1."-IMO NAILS SHALl BE DRIVEN '"'WNTT PAi.M."-"-U HEIGHT Of BATTENS SHALL BE LOCATED IN REL.AllON TO THE HEIGHT Of THE PAUl FOR ADEQUATE BAACING. 5{2 ._,. x11")WOOOSA.nENS. 5 LAYERS Of BURLAP TO WRAP TRUNK.. STEEL MHOS (314": H.C.S.) MINIMUM3{2xo4)WOOD BRACES BUILD 44' CONT1MJOUS SAUCER AROUND THE TREE PJT TO HOLD WATER. {WX24")STAKE PAD (lYP.) ~m~~m~~~~~m~~;---AUAROUNOROOT8A.U.wrTHIACKFIU.. FLOOD. & COMPACT FILL; REFL.OOOiJET & COMPACT AU 1 DAY AFTER INSTAU.AllON tN ORDER TO INSURE EUMINATlON OF AIRPOCKETS. 0 TYPICAL PALM PLANTING NOTlOSCALE r-~~-7~~~~~---------------~~~~L~ GROUND COVERS, VINES. ANNUALS, N¥J PERENNIALS Pl..ANTING BEDS. SEE SPECIFJCA TlONS FOR BACt<FIWPl.AHTING SOIL MIXTURES. A{d~~~~~)j,--------3"MULCHOEPTH. 0 GROUND COVERS & ROOTED CUTTING NOT TO SCALE 0 MULCH RING IN SOD DETAIL NOT 10 SCALE soo TYPICAL TRIAHGUlAR SPACING OF PLANTS TO INSURE FUU COVERAGE BY GROUNDCOVER. CUT A RING INTO A 'PERFECT" ORCLE'. EOGE TOBE WELL-FORMEDANOWJll-ICRISP. VERnCAU. y Sl'RNGHT CUTS. TREES LESS THAN :r IN CALIPER; /IDO 3"1N RADIUS OF uut..CH RING PER 1" OF TRUNK CAUP£R FOR ANY TREE GREATER l'tfAN :r CALIPER. PROVIDE RING AROUND AHY TREE PlANTED IN SOD: RING StW..t. BE MN. 2' IN DIAMETER FOR THE TREE PIT TO HOLD IRRtGAllON WATER NOTE.; TOP OF ROOT BALl SHALL BE AT LEAST 1fT ABOVE THE ANISHED GRADE. PRUNE SHRUBS "'TOWNER'S DIRECTION ONl. Y'. PRUNE ALL SHRUBS TO ACHIEVE A UNIFORM MASS. REMOVE NfY CONTAINER OTHER TtiAN BURlAP THA.T MAY BE NlOUNO ROOTS. 3"'MULCH BUILO 44' CONTlNUOUS SAUCER AROUND THE TREE PIT TO HOlD IRRIGATION WATER. ROOTBAU.S GREATER TtiAN 2" IN DIAMETER SHALL SIT ON MOUND OF UNOtSlVRBED SOIL TO PREVENT SETlUNG. ROOTBAU..S LESS THAN 2" MAY SIT ON COW'"ACTED SOIL. DIAMETER OF HOLE FOR BALLS 2' & GREATER SHALl BE 2" LARGER TtiAN ='f'r"'_-'-._DIAMETER OF fW.L DIAMETER OF HOLE 0 LARGE SHRUB PLANTING NOT TO SCALE NOTE: 1. NO NAILSStWJ.I!IE DRIVEN INTO TREE. AND TRUNK 8HAl.L BE FREE OF Nl'f MAJOR SCARS. 2. TOP OF ROOT BAU.. StW..L BE AT LEAST 2" ABOVE THE FINAL GRADE ANY PRUNNG StW..L BE COMPlETED AT THE DIRECTION OF THE OWNER. REMOVE CHORDS FROM THE TOP 113 OF THE ROOT8AL.t. AHD FROM MOUND OASEOFTRU«. TOP OF ROOT BALL StW..L BE AT LEAST 2" ABOVE THE FINISHED GRADE. MINIMUM 3" MULCH (SEE WRITTEN SPEOFICATIONS). KEEP I" (MIN) FROM OASEOFTRUNK. DIAMETER Of THE HOLE stWJ. BE TWICE THE EW..L OIAI.ETER. FOR R001'8AU.S 2' NCJ GREATER HOLE StWJ. BE 2" LARGER~ THE BAI...l. DIAMETER. ROOTtW.l.SGREATER THAH Z IN Dl.f.ME"TER StWJ. SIT ON MOUND OF UNDISTURBED SOIL TO PREVENT SETTLING. BALLS SMALLER THAN 2' IN DWIIETER MAY SIT ON COMPACTED EARTH. 0 TREE PLANTING (2"-4" CALIPER) NOT TO SCALE FOR BAU.S UP TO 2" stW.L BE TWICE THE BALL DIAMETER. AU MA.TERtAL TO CONSIST OF NATWE SOIL FROM HOLE DUG FOR PlANT. NOTE. AI...L SHADE TREES SHALL HAVE FLORIDA 11 OR SETTER TRUNK STRUCTURE AND BRANCH AARANGEMENT TREE CALIPER SHALL BE MEASURED AT It' ABOVE GRADE FOR UP TO 4" CALIPER AND 12" AIJaiiE GRADE FOR OVER ... CALIPER BUILD 44' CONTINUOUS SAUCER MOUND THE TREE PJT TO HOLD THE W"'TER. 2 •" 1. 2"" STAKE PRESSURE TIOEATEO FINISHED GRADE FlU MATERIAl.. SHALL. CONSST OF NA.TIVE SOIL FROM HOLE DUG FOR PlANT. NOTES: (PLEASE REFER TO WRITTEN SPECIFlCATIONS FOR -'OOffiONAI... REQUIREMENTS) 1. THIS OIST-'NCE SHALL BE 7' MINIMUM WITH ROOT BARRIER AND 1 D' MINIMUl.4 IF NO ROOT BARRIER IS USED. 2 . .AI...L ROOT BARRIERS SHALl BE 4'MINIUUM FROM .A1...L SEAC~ FACILITIES. 3 . THE INSTAU.ATION OF ROOT BARRIERS SH"ll BE COORDINATED WITH SEACOAST AND INSPECTED BY SEACOAST PRIOR TO BACKFIWNG. .A1...L ROOT BARRIERS SHALL EXTEND UP TO FlNISHED GAAOE. 4. ROOT BARRIERS SHAll BE MINIMUM 36• DEEP. APPRO'JED PRODUCTS INCLUDE •DEEP ROOr "'NO •ROOT SOWTIONS•. FLEXIBLE BARRIERS SHALl. BE 36• PANELS MANUFACTURED BY BIOBARRIER . 5 . ALL ROOT BARRIERS SH.\Ll BE INSTo\LLED IN ACCORDMICE WITH MANUFACTURERS WRITTEN INSTRUCTIONS. Typical Small Tree or Palm Tree with Root Barrier 1"'r~.201Z NOTES: (PLEASE REFER TO WRITTEN SPECIFlCATIONS FOR .\ODffiONAI... REQUIREMENTS) 1. THIS OISTA.NCE SH.t.ll BE 10 ' l.41NIMUM WITH ROOT BARRIER AND 15' l.41NIMUM If NO ROOT BARRIER IS USED. 2 . .A1...L ROOT BMRIERS SHALL BE -4-' MINIMUM FROM All SEACOAST FACIUTIES . 3 . THE INSTALLATION OF ROOT BARRIERS SHALL BE COORDINATED WITH SEACOAST AND INSPECTED BY SEACOAST PRIOR TO BACKFIWNG. All ROOT a.-.RRIERS SHALL EXTEND UP TO FlNISHED GRADE . 4 . ROOT BARRIERS SHALL BE MINIMUM 36• DEEP . .t.PPRO\IED PRODUCTS INCLUDE 1lEEP ROOr-AND •ROOT SOLUTIONS•. Fl.EXIBL.£ BARRIERS SHALL BE 36• PANELS MANUFACTURED BY 8108ARRIER. 5 . o\l..l ROOT BARRIERS SHALL BE INST"ll£0 IN ACCORDANCE WITH MANUFACTURERS WRITTEN INSTRUCTIONS. 6 . LARGE PALM TREES INCLUDE ROYAL, WASHINGTONIAN, BISMARK AND SIMILAR SIZED SPECIES. Typical Canopy Tree, Large or Exotic Palm Tree with Root Barrier 1"'r~.201Z ,r------PLANf 50 T ... Af 1<.00f6A.l.L. S L.~VE'_ \VITH F-INISI-EO CI<.AOE ,r-------NIJ'\1. J" I"'Et..AL.EEJCA. M.l.Cl-1 Oli!: A.~OVEO EOJAL Sl.6..E'CT TO L.A APPrl.OVA. ... 0 SHRUB AND GROUND COVER DETAIL NOTlOSCALE f:-XCA.V A.fE Sl-'!:ll3 A.r-.D Cllc;:u..ocOV!:I< &-OS 1'"0 ?4' [:B>T..-A.t-V 6A.CXF-Il-l- WifH PL A.NfiNC SOIL. SEE-SPECIF-ICATIONS F-OR ;:v.wf 1'C 50... (. Urban Pl anning & Design Londscape Architec:turo Communicat ion Graphics The 0trM:.. Cdy ~ "n s. ~Ave~ SuM1122S West P-.n Beach. FL 33401 561..386.1100 FAX !561..3N.1111 -.udllstud~.eom "LCC000035 -...,..._-..,........,_...,;~p-. ._ __ !71"_,_. .. ,.,.,br ..,;I lhep«>pe<tydiiW~.-_,~ b"tJw.-.-d--~1)1'1)114 "---~-~OipWII -O'IOt'-.-:l!JI".OI-...diO~t>yi)IWIOrt. •rm."'~-11'111-~diiW-..,.. en s::::: C1) "'C '1-'- 0 «S cuC> cn.s::::: «S 0 .s:::::ns ocu '-al 0 .oE s... «S «S :I: a.. Oat• Project No.: o..igned By: Onwn8y; Chec:UdBy: Ill 'C ·;: .!!! ..2s LL Q) , C j ~~ C . ~i' Q.J ~ ~~ ~ ~~ E -c . -c , ~ j I .2~ 101 ~ 08-{131.010 OEM OEM JBIHC LP-4 o f6 Tree Protection M a nagement P l an Prior to clearing any of the property for development, the contractor will do the following Items: Clearly Identify and mark all traes to be preserved consistent with the approved Landscape Plan. Install appropriate protective barriers around individual and groups of trees to be pnoM<Ved. A suitable protsctlve barrier of metal, wood or other material shall be placed around Individual protected trees: a dlstanoe of 6' or more fmm all species of mangroves a distance of 6' or more. or at a distance outside of 2/3 of the radius of the dripllne, Whichever Is greater, from all protected hardwoods a distance of 6' or mora. or at a distance outside of 213 of the radius of the dripline, Whichever is greater, of all protected conifers Unless conditioned In the vegetation removal permH, groups of trees or areas of vegetation to be preserved shall not require protsctlve barriers. ~ areas wtll be marked by stakes Installed at a maximum of 50' apert with rope or plastic tape attached to said stakes around the perimeter of the protected area. PROPERTY ~-~--~~~~~~~(~-~,~~~ • ·-:· ·:"'' :-. ~, ~-~-: !!!"""- . . . ~ DEVELOPMENT ZOIIE .I I ( DEVELOPMENT LMTUE : I""-----STAKES 50' APAfff wm-t . .J ROPE OR PLASTIC TAPE y Sturdy wood pasta and ralls shall be used to ensure that barricades can withstand construction acUvlty. PRESERVED Protective barriers or markings shall remain In place until they are authorized to be removed by staff or reoelpt of a CO. There shall be llmHed development within tree preservation areas: maintained in its natural state provide permeable landscape natural. I.a., grass, mulch conform to governing landscape code. There wtll be no attachment of signs, etc. to vegetation unless of a non-damaging character. Light machinery or hand-labor Is to be used If vegetation Is to be installed in preservation areas. No grade changes shall be mede within tree prese<VBUon areas, Which require !ranching or cutting of rocta unless conditioned. UtiiHy lines shall be Installed to protect roct systems as much as possible. No removal of soil or fill In tree preservation areas shall occur. RETAINING! WALLS AROUND EXISnNO TREES No dearing shall commenoe until all protection devices are Installed , Inspected and approved by the Zoning Division and Environmental Resource Management Department . INSTAUATlON NOTES· 14. SPACE POSTS EVERY t" • 1'. B. SECURE FENCING TO POST WITH NYlON CABLE nES Pt..ASTICSAMD OR WOOD STRIPS MAY BE ALSO BE USED TO PROVIDE ADOITlONAL SUPPORT AND PROTECTION BETWEEN nES AND POSTS. NOTE : F WIRE nes ARE USED. AVOID DIRECT CONTACT WITH FENCE. WIRE MAY DAMAGE FENCE OVER nME. TREE PROTECT ION BARRIER DETAIL 8MRICADE ALL EXlST1NO TREES AND P1t.LMS AT TlE DRIP LINE. DURING c:t1NS"mUCTlON AND ..... NTAIN BNtRICADES I.MT1L. WORK IS COMPLETE. X--X ----i(--X TREE BARRICADE SYMBOL N .T.S. N.T.S. ROOT BARRIER lO BE PROIIIDED BY O£EP ROOT, SPEOAEO AS PANEL n'PE -UBJe-2 OR APPROiofD EQUAL ROOT BARRIER lO BE PROIIIDED 11HEN A U\IE OAK 1REE IS BEniEEN IQ-15' FROW SEACOAST UTUTY UNES. UB 36-2/UB 48-2 Specifications 36" / 411" DeepRoot Tree Root Barrier s,..cMMbwovatt.nncna~WrilrftiVGI: Mlllda"illlpr...tbw ..... ,...dlllllaiJiftll~ -~,.._....~2'(111an)IDng~IID .,.. ..,..,. ........ "-~ MdiJ ... a...,.,.llll;.-tkl-•efiiii!I'Morfcrllql ,....... ........ ~_..o..........,!'(2.4lm) ....... ~12,_... r--...::. -------1 ·-1 "hlllllltndar ..... ,...... and ....... U.rliiDI.borrinGI..-filll.lNINI root~lhal ...... pnoU;t,L8le-2 ortii!I48-2Girnor.ludlndtJr~ ~LP~II11.MifDr1sa..t,S....4, S..FI"IIrlcilr:G,CAM10J(800.45&.1118). orllppl'fiiOM..-llll.....,.lhallllblac:t. ---IZ8olll--- =::. ~ 0:: l~'!:;J,., ...... Jll"'(tlcm)or.a'"(122ern)*"P; ~·~~ r:n,~-sc..~~- ........ 4 ... """'VIrtiPI!IIaat~ ... t ...._ O.tlll" (l.ol-) ~ ll'lllndi'I1/2"(12.71N11)GIID''--- CII .. barrilrpan11. ...... (152.4....,)QPWL ---,.,..,_,..lairlints,.M,.,...,... irllllanl -.nbtytJr~-..... -..... ---~ ........ =~~~~ l.c.r.trudlon-illltollltiDII 1.1"11e~ ..... irwlllll .. llwfllfltborrin ..... .......... ,..... ..... _ .._ ......... n....a~...t._... rllld ... MfawJ._..totiiii'OIIIIdcNh ......... I/T'(12.7 ....,)._ ....... EJdllilh~ ............ ,..... .... JIII"d .,a.._,_... .. ,.....,.tllltd"JIIC*II ................ ~tllfarrrlt eira.orwldllllfi!IOtbal ·---· .,.....,. __ \ \ \ \ - 1 " ; - 1 lnlk1l o.pat lll ll-2 ...... 41-2 e--u·....,...,... • .......,..._ ROOT BARRIER DETAILS N.T.S. /VVVVVVV\ ROOT BARRIER SYMBOL O N PLAN N.T.S. Urban Planning & Design Landscape Architecture Communication Grap hics TheOflicM at c.y ~ 477 S. RoMINty Ave •• Su• 22!5 w.-~ s-:tt. 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Hi ~l;i ii .IH i~ I ~ 1 HIJ [H i .llrh a u u: ~ HJ mHh ~ ~~ : ! ! :. n t! hhh ~h I iHH H~ l!~ril l 1 en HarborChase of Palm Beach Gardens Palm Beach Gardens, Florida Landscape Planting Specifications .__ .. __ c.w ___ ,, _____ ~·~-.. _ ... ------------------------------------ HARBORCHASE OF PALM BEACH GARDENS S IL VERSTON E H EALT HCARE CoMPANY,LLc HARBOR CHASE Ass sl~d ng & Memory Care 01 Donald R. Powell. Jr. Flog. No ' 7206 Chris W. Sames Reo-No.: 10147 John E. Ortield Reg. No.: 111 &4 .. --Reg. No: 18129 NORTH ELEVAT ION SCALE: 3!32" • 1'-0' EL o'Ff'.'~ ... EXTERIOR ELEVATIONS 01/1512015 P'"OOdNo · R14049.000 201.& 90KA Powell. LLC Not for regulatory apptoYal, permiling orconstrucllon HARBORCHASE OF PALM BEACH GARDENS SILVERSTONE HEALTHCARE CoMPANY, LLC HARBOR CHASE Assisted liv ng & Memoty Care 01 ~A .-.Jt . Flog No .o noe ~W.Bames Reg. No .. 10147 Jot'lnE.Orttetcl Reo. No .. 111&4 ·--ReG. No . 18129 m ... , ... , . .,. EL ,Lf:L~ .. SOUTH ELEVATION SCAlE: 3/3'2" • 1'-0" Ell~ EXTERIOR ELEVATIONS 01/1512015 -No. R14049 .000 2014 B0KA Powel, LLC NolforreglAatotyapprov•l. ~Ofconsbuctlon HARBORCHASE OF PALM BEACH GARDENS SILVERSTONE HEALTHCARE CoMPANY, LLC ,!1 HARBOR(HASE !m]l PO\Vell 01 .,.,_R-J<.I fllo.""-'12111 aw~~w.e.m. fllo.""-'10147 Joh'IE.Orfteld ReQ . No.: 11164 AnchwBennetl RtJQ . No.: 18129 NORTH ELEVATION SCALE: 3/32' • 1'-0" EXTERIOR ELEVATIONS 01/1512015 Praild No.: R14049.000 HARBORCHASE OF PALM BEACH GARDENS '~ SILVERSTONE HEALTHCARE CoMPANY, LLC HARBOR CHASE 01 DonMI R. Powell. .If. I Rog._,... a,:~sro:; JomE.Orftekl ~-No.: 111&4 Andr8W Bennett ~-No.: 18129 toofA'I!U6E~ SOUTH ELEVATION SCALE: 3132"-1'-0" EXTERIOR ELEVATIONS 01115/2015 Project No.: A14049.000 Cl 2014 80KA Powell LLC Not for r.g!Miory ~ ~ orCOOitluCIIon CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5, 2015 Resolution 2, 2015 Subject/Agenda Item : Nativity Lutheran Church Temporary Modular Structure Time Extension Public Hearing and Consideration for Approval : A req uest from Nati v ity Lutheran Church to approve a time extension for the ex isting two (2) temporary modul ar stru ct ures , approved via Resolution 60, 2007 . The subj ect site is located on the northwest corner of Holly Drive and Plant Drive . [X] Recommendation to APPROVE [ ] Recommendation to DENY Devel o pmen t Comp liance Originating Dept.: Planning & Zoning: Proj ect Ma nager //'- T amash bee n Rahman, AICP Senior Pl anne r [ ] Quasi-Ju dicia l [ ] Legislati ve [X] Public Hearing Finance: Accoun tant Tresha T homas Fees Paid: N/A Funding Source: [ ] Operating B ~~fs,AICP 1-A-dv_e_rt-is_e_d_: ---~ [X] Other N/A Approved By: City Ma nager [ X ] Requ ire d [ ] Not Requ ire d Date: 01.21 .15 Pa per: Palm Beach Post Affected parties: [ ) No tified [X] Not Req u ired Budget Acct.#: N/A Contract/Agreement: Expi rat ion Date: N/A City Council Action: [ ] Approval [ ] Approved w/ Conditio ns ] Denial ] Continued to: __ Attachments : • Location Map • Developmen t Applicati o n • Re sol utio n 2, 2015 EXECUTIVE SUMMARY Meeting Date : February 5, 201 5 Resolut ion 2, 2015 Page 2 of4 The subject request is to allow a two-(2) year time extension for the two (2) existing temporary modular structures located within Nativity Lutheran Church . The modular structures have been utilized by the existing pre-kindergarten program and total 1 ,680 square feet. In 2007 , the City Council approved the modular structures for three (3) years , and this approval expired in 2010 . The modular units have since remained on site and are currently used as classroom buildings . The two-(2) year extension will allow Nativity Lutheran Church to continue its existing operations and give it time to design and generate the necessary capital to construct permanent structures . The site is located on the northwest corner of Holly Drive and Plant Drive . Staff is recommending approval of the subject petition . BACKGROUND The five -(5) acre Nativity Lutheran Church site was first given Conditional Use approval in May, 1962 . On January 6 , 2000 , the City Council approved a Conditional Use for the expansion of the Nativity Church through the adoption of Ordinance 46 , 1999 . This approval applied only to the Master Site Plan and the Phase 1 Site Plan with the condition that future phases would require separate reviews and approval by the Planning , Zoning , and Appeals Board and the City Council. Included in this approval were a new fellowship hall , a future sanctuary , and the expansion of the educational facilities . The total capacity for the si te , throughout each of the four (4) phases and at completion , was limited to a maximum of 450 sanctuary seats , 240 students, and 150 parking spaces . On January 20 , 2000 , the City Council adopted Resolution 140 , 1999 , which approved the four-(4) phased Master Site Plan and the site plan only for Phase 1 of the project. The Master Site Plan included the development of an 8,250-square-foot multi -purpose building , a 9 ,000 -square-foot (450 seats ) sanctuary , and an 18,831-square-foot expansion of the educational and administrative facilities . The Phase 1 Site Plan approval consisted of a 7 ,000-square-foot multi -purpose building . On June 20 , 2000 , the City Council adopted Ordinance 18 , 2000 , which approved a Conditional Use for an Alzheimer 's Adult Day Care facility for up to 24 patients . On June 21 , 2007 , the City Council adopted Resolution 60, 2007 , which approved two (2) temporary modular structures for up to three (3 ) years, which expired in 2010. LAND US E & Z ONIN G The subject site is zoned Residential Medium-RM with a Conditional Use Overlay for a church , school , and adult day care facility . The future land -use designation is Residential Medium -RM (see Table 1 attached). Meeting Date: February 5, 2015 Resolution 2, 2015 Page 3 of4 Table 1. Surrounding Zoning and Land-Use Designations EXISTING USE ZONING FUTURE LAND USE Subject Property Nativity Lutheran Church Residential Medium (RM) Residential Medium (RM) North City 's Plant Drive Park Public and Institutional (P/1) Recreation Open Space (ROS) South Plat 6 Residential Low -3 (RL3) Residential Low (RL) West Palm Beach Gardens High School Public and Institutional (P/1) Publ ic East 1-95 N/A N/A PROJECT DETAILS The purpose of the time extension for the temporary modular structures is to allow the existing voluntary pre-kindergarten (VPK) program to be able to continue the use of the modular units. There are currently 22 children enrolled in the VPK program , with plans to expand the program to include an additional 16 children in the future. Community programs such as the Boy Scouts also utilize the units. According to the Applicant, the modulars are necessary because there is no additional space in the subject site that the VPK and other community programs can utilize. Site The Nativity Lutheran Church is approximately five (5) acres and is located at the northwest corner of Plant and Holly Drive. Two (2) driveways provide ingress and egress to the property from Plant Drive . The existing modular structures are located adjacent to a fenced playground on the southwest side of the property adjacent to Holly Drive . Structure Design The two (2) modular units each measure approximately 36' x 23' for a total of 1 ,680 square feet. They are joined by a double ramp and a raised deck, and each unit has one (1) restroom facility . The modular structures are painted to match the other buildings on the site. Landscaping & Buffering Meeting Date : February 5, 2015 Reso lut ion 2, 2015 Page 4 of4 The existing modular units are surrounded by landscaping which screens them from Holly Drive . The landscape plan includes Sabal Palmetto , Live Oak, Queen Crepe Myrtle, and various s hrubs and ground covers. A six-(6) foot black vinyl-coated chain-link fence also encloses the modu lar units and provides a buffer between the temporary units and Holly Drive. Time frame The original approval for the temporary modular structures were granted on June 21 , 2007 , via Resol ut io n 60 , 2007 , for a period of three (3) years from the time of approval , and the approval expired in 2010 . According to the Applicant , due to the economic downturn , the necessary funds could not be raised to remove the modular units and provide permanent structures. The modular units have since remained on the site and are currently utilized . The Applicant has requested a time extension for an additional two (2) years, until 2017 . The Applicant has indicated that it is currently in the process of developing design plans for a permanent facility in place of the modular structures. STAFF ANALYSIS The existing location of the temporary modular structures is about 50 feet north of the Holly Drive right-of-way . The nearest residents are located on the south side of Holly Drive in Plat 6 approximately 165 feet away . The landscaping surrounding the modular structures mitigates any adverse impacts the temporary structures may have on surrounding residents. Initially with the subject petition , the Applicant requested approval for a five-(5) year time extension , but staff expressed to the Applicant concerns regarding the duration of time the modular structures have been on the site. Since then , staff has worked with the Applicant on the two-(2) year time extension . The Church is currently working on a two-(2) year plan whic h will all ow it time to design , raise funds , and build a permanent structure. A condition of approval is included in the development order recommending an extension be granted through February 5, 2017 . Staff supports the Applicant's request to approve a two-(2) year time extension for the temporary modular units. STAFF RECOMMENDATION Staff recommends approval of Resolution 2 , 2015 as presented . Location Map CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Pla n n ing and Zoning Departm ent CITY OF PALM BE ACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: 0Planned Community Development (PCD) []Planned Unit Development (PUD) r JAmendment to PCD, PUD or Site Plan nconditional Use ["!Amendment to the Comprehensive Plan ["[Administrative Approval r JAdministrative Appeal []Annexation 0Rezoning []Site Plan Review []Concurrency Certificate []Time Extension IZIMiscellaneous QOther L ________ ........... -------·-----·--·--------___] Date Submitted: L_ _______________ .. _ ........... J Project Name: Nativity Lutheran Church and School Mobile Classrooms Owner: Nativity Lutheran Church and School A pplicant (if notOwner):_R_ev_._C_Ia..:.....yt_on_J._B_a_ile-=-y _______________ _ A pplica nt's Address:4075 Ho ll y Drive , PBG 33410 TelephoneNo.561-622-4998 ext. 11 Agent: ___________________________ _ Con tact Pe rson: Rev. Clayton J. Bailey E-Mail: pastorcballey@aol.com Agent's Mailing Address: _____________________ _ Agent's TelephoneNumber: ____________________ _ FOR OFFICE USE ONLY Petit ion Number: _____ _ Date & Time Received: _______ 1 Fees Received A ppl ication $ Engineering$ _________ _ Receipt Number: _______ _ 1 Architect: N/A ----------------------------------------------------------- Engineer: N/A ----------------------------------------------------------- Planner: N/A ------------------------------------------------------------ Landscape Architect: N/A --------------------------------------------------- Sit e Information: Note: Pet itioner shall submit electronic digit al files of approved projects. See attachment for details. G I L • Corner of Holly Drive and Plant Drive enera ocat1on: ----------------------------------------------------- Add 4075 Holly Drive ress: ----------------------------------------------------------- Section: Township: Range: ----------------------------- P C I N b ( ) 52-42-42-12-00-000-5240 roperty ontro um er s : ---------------------------------------------- A 5 C Z . RM R dZ . creage: urrent onmg: equeste onrng: ----------------------------------- Flood Zone ___________ Base Flood Elevation (BFE) -to be indicated on site plan. ______ _ Current Comprehensive Plan Land Use Designation: ------------------------------- Existing Land Use: Requested Land Use: -------------------------------------- Proposed Use(s) i.e. hotel, single family residence, etc.: ---------- Proposed Square Footageby Use: ------------------------------------------- ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 2 Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: Nativity had two modular classrooms installed in 2007 as part of our vision of building and expanding our school. Due to the economic decline, the departure of a pastor, and three years of pastoral vacancy, plans for the expansion never fully developed. At this time our modular units are used to teach VPK and are vital to our educational ministry. However, the permit for them remaining onsite has lapse~. We are seeking a two year extension to allow them to remain on site. This will give us time to develop a new master plan, fund, and build a new educational facility. 2. What will be the impact of the proposed change on the surrounding area? There will be no impact in keeping the modular classrooms. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Cap ita!Improvement. N/A 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? N/A 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261 , Land Development Regulations)? N/A 6. Has project received concurrency certification? N/A Date Received·! ······-·--·------·-·' . -·-------··-·-···. - legal Description of the Subject Property (Attach additional sheets if needed) Or see attach ed deed for legal description. Location The subject property is located approximately _o._s __ .mile(s) from theintersectionof Military _an_d_H_ol_ly_o_n_·v_e _______ , on thel .J{_ I north,fZL east,OsouthOwest side of _____ _ Military (street/road). ------------------- 4 Statementof Ownership and Designatio not AuthorizedAgmt Before me, the undersigned authority, personally appeared Rev. Clayton J. Bailey who, being by me first duly sworn, on oath deposed and says: ------------------------ 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. Th t h I h . tin. An extension for our modular classrooms a e s e IS reques g in the City of Palm Beach Gardens, Florida. 3. That he/she has appointed _h_im_s_e_lf _________________________________ toact as authorized agent on his/her behalfto accomplish the above project. Nativity Lutheran Church and School ner: ______ ~----~----------------------~------------------ 4075 Holly Drive Street Address P. 0. Box 561-622-4998 ext. 11 TelephoneNumber pastorcbailey@aol.com E-ma il Address My Commission expires: 7 ,(}1(p~10 Rev. Clayton J. Bailey, Pastor By: Name/Title Palm Beach Gardens, FL 33410 City, State, Zip Code City, State, Zip Code 561-622-9947 Fax Number 5 ~--------------------------------------------------------- Applicant's Certification I!W e affirm and certify that J!we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, J!we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: IZ' Owner C Optionee C Lessee C, Agent [J Contract Purchaser Rev. Clayton J. Bailey Print Name of Applicant 4075 Holly Drive Street Address Palm Beach Gardens, FL 3341 0 City, State, Zip Code 561-622-4998 ext. 11 Telephone Number 561-622-9947 Fax Number pastorcbailey@aol.com E-Mail Address 6 Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit# __________________________________ __ Financial Responsibility Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes . All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Planning and Zoning Department if the name and/or address of the responsible party changes at anytime during th plication review pr Rev. Clayton J. Bailey Owner printed name DESIGNEE/BILL TO: Nativity Lutheran Church and School 4075 Holly Drive Palm Beach Gardens , FL 33410 bate' 52-42-42-12-00-000-5240 Property Control Number NOTARY ACKNOWLEDGEMENT STATE OF rio'( ide{_ COUNTY OF q?a) yY\ 0~ £. x:;~~~/1 Printed name y ,··m·{.~~·o,:~8;'•, KARl E. DONNELLY t~:. •/\ Notary Public· State of Florida ~ • ·: My Comm. Expires Jul 26. 2015 ~q~f" ~~"'/ Commission # EE 81533 ,,,,,9faf,~,,,.. Bonded Through ~~,~~r ,. '· ... ~tr v As ~, State of _ __,H'--..._(_...to:::;.__ at-large My Commission expires: 7. a 0-{ ~ 4075 Holly Drive Palm Beach Gardens, FL 33410 (561) 622 -4998 December 8, 2014 Greetings Esteemed City Council Members, First and foremost, thank you for your faithful service to our community and for the opportunity to review and consider allowing an extension for the modular classrooms located at Nativity Lutheran Church and School. · In 2006, Nativity started to ponder what steps it could take to better serve the community around us. Part of that plan was expanding our pre-school ministry to Kindergarten and early elementary education. In order to begin that process, two modular classrooms were brought on site in 2007 and we quickly expanded our educational ministry to include 2 year olds through third grade. This was the first step toward building an educational center for Nativity. Since that time, much has changed within our congregation. The pastor at the time resigned from the congregation in 2008, leaving a pastoral vacancy that lasted for three years. In the absence of a pastor, active involvement in the congregation began to decline. These factors combined with the economic down turn, lead to limited income for the church and school. After two years, decisions were made to forgo the elementary education we had just started, and dreams of building an educational center became just that, dreams. Since my arrival as solo pastor in late 2011 and with the improved economy, I give thanks that Nativity is beginning to find stability through greater member participation and frnancial stability. However, like a child learning to walk, each step is precious as we find a new sense of balance and notm. Pmt of that norm is the excellence in education we offer through our preschool. Our two modular classrooms are used on a daily basis for VPK. Currently, 22 students are enrolled in our VPK classes with room to expand and include an additional 16 students. In addition, these units are also used for evening activities for Boy Scouts, Twelve-Step programs, and other community actives. Participation in these community events varies by group and the programs they offer. While our modular classrooms are used daily, we also realize that they cannot stay long tetm. As we m·e now finding a new sense of balance and norm, we have begun to set our sights on this concern and many ofNativity's other immediate needs. Cunently, we have started planning a Capital Campaign to address our immediate renovation needs such as a new roof, parking lot, and other general improvement items. Because of the small er size of the congregation, addressing these concerns and maintaining a balanced bu dget is a challenge. For that reason we are working on a two-year plan, to see to our immediate needs, and then to all ow ti me for us to design, raise funds, and build th e educational facility that had once been part ofNativity's earlier vision and plans. With this in mind, it is my hope and prayer that we will be able to achieve these goals by 2017. H owever, losing the mod ular classrooms between then and now would be detrim ental to our educational program and to the community activities that take place each evening. As you consider allowing a permit extension, on behalf of the congregation, our scho ol children, and our community families, I a sk th at you give strong consideration to approving the p roposal so th at we may continue to sustain the ministry that we offer here in this place. 1 RESOLUTION 2, 2015 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A MISCELLANEOUS 6 PETITION FOR THE NATIVITY LUTHERAN CHURCH AND 7 SCHOOL, LOCATED AT THE NORTHWEST CORNER OF HOLLY 8 DRIVE AND PLANT DRIVE, AS MORE PARTICULARLY 9 DESCRIBED HEREIN, TO APPROVE A TWO-(2) YEAR TIME 1 0 EXTENSION FOR TWO (2) EXISTING TEMPORARY MODULAR 11 STRUCTURES; PROVIDING CONDITIONS OF APPROVAL; 12 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13 14 15 WHEREAS, the City Council, as the governing body of the City of Palm Beach 16 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 17 Statutes, and the City's Land Development Regulations, is authorized and empowered 18 to consider petitions related to zoning and land development orders; and 19 20 WHEREAS, the City received a petition from Nativity Lutheran Church to 21 approve a time extension for the existing temporary modular structures, which was 22 approved via Resolution 60, 2007 , at the southwest corner of the site along Holly Drive; 23 and 24 25 WHEREAS, the subject site is zoned Residential Medium (RM) with an 26 underlying zoning of Residential Medium (RM); and 27 28 WHEREAS, the five-(5) acre Nativity Lutheran Church site was first given 29 Conditional Use approval in May , 1962; and 30 31 WHEREAS, on January 6, 2000, the City Council approved a Conditional Use for 32 the expansion of the Nativity Church through the adoption of Ordinance 46, 1999; and 33 34 WHEREAS, on January 20 , 2000 , the City Council adopted Resolution 140 , 35 1999, which approved the four-(4) phased Master Site Plan and the site plan for Phase 36 1 of the project; and 37 38 WHEREAS, on June 20, 2000, the City Council adopted Ordinance 18, 2000 , 39 which approved a Conditional Use for an Alzheimer's Adult Day Care facility for up to 40 24 patients; and 41 42 WHEREAS, on June 21 , 2007 , the City Council adopted Resolution 60 , 2007 , 43 which approved two (2) temporary modular structures for up to three (3) years , which 44 expired in 201 0 ; and 45 46 Page 1 of 4 Resolution 2, 2015 1 WHEREAS, the subject petition would provide a time extension to the approval 2 of the existing temporary modular structures for a limited period of time, as described 3 more particularly herein; and 4 5 WHEREAS, the Planning and Zoning Department has reviewed the application , 6 has determined that it is sufficient and consistent with the City's Comprehensive Plan 7 and Land Development Regulations , and has recommended approval ; and 8 9 WHEREAS, the City Council has considered the evidence and testimony 10 presented by the Applicant and other interested parties and the recommendations of 11 the various City of Palm Beach Gardens reviewing agencies and staff; and 12 13 WHEREAS, the City Council deems approval of this Resolution to be in the best 14 interest of the health , safety , and welfare of the residents and citizens of the City of 15 Palm Beach Gardens and the public at large . 16 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF PALM BEACH GARDENS, FLORIDA that: 20 21 SECTION 1. The application from Nativity Lutheran Church to allow a time 22 extension for two (2) years for the existing 1,680-square-foot temporary modular 23 structures located at the southwest corner of the site is hereby APPROVED within the 24 Nativity Lutheran Church site, as more particularly described herein , subject to the 25 conditions of approval contained herein , which are in addition to the general requirements 26 otherwise provided by ordinance : 27 28 LEGAL DESCRIPTION : 29 30 A FIVE-ACRE PARCEL OF LAND LYING IN THE SOUTHEAST ONE-QUARTER OF 31 SECTION 12, TOWNSHIP 42 SOUTH , RANGE 42 EAST , CITY OF PALM BEACH 32 GARDENS , PALM BEACH COUNTY , FLORIDA, MORE PARTICULARLY DESCRIBED 33 AS FOLLOWS: 34 35 BEING THE NORTH 467.22 FEET OF THE SOUTH 507.22 FEET OF THE WEST 36 467.22 FEET OF THE EAST 817.22 FEET OF THE SOUTHEAST ONE-QUARTER OF 37 SAID SECTION 12 , CONTAINING 5.0 ACRES , MORE OR LESS . 38 39 SECTIO N 2. This approval is subject to the following conditions , wh ich shall be 40 the responsibility of the Applicant , its successors, or ass igns : 41 42 Planning and Zoning 43 44 1. All applicable Conditions of Approval adopted via City Council Resolution 45 60 , 2007 are still in full force and effect. 46 Page 2 of 4 Resolution 2, 2015 1 2 . The temporary modular structures shall be permitted to remain until 2 February 5, 2017. 3 4 SECTION 3. This miscellaneous petition is hereby approved subject to strict 5 compliance with the Exhibits listed below, which are attached hereto and made a part 6 hereof as Exhibit "A": 7 8 1. Site Plan for Proposed Portables dated April 18, 2007, Sheet 1 of 1 by East 9 Bay Group, LLC. 10 11 2. Landscape Plans LP-1 and LP-2 dated April 17, 2007 , by Gentile Holloway 12 O'Mahoney and Associates. 13 14 3. Architectural Plan A-1 , South and West Elevations, dated March 28, 2007, 15 by T & M Design Architecture & Planning, Inc. 16 17 SECTION 4. All previous conditions of approval shall remain in full force and 18 effect except as modified hereinabove. 19 20 SECTION 5. This Resolution shall become effective immediately upon adoption. 21 22 23 (The remainder of this page intentionally left blank) 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resoluti on 2, 2015 PASSED AND ADOPTED this __ day of _______ , 2015. CITY OF PALM BEACH GARDENS, FLORIDA BY : -------------------------------Robert G. P re m uroso , Mayo r ATTEST: BY: -------------------------Patric ia S ni der, CMC , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------------------R. Max Lohman , City Attorney VOTE: AYE NAY ABSENT MAYOR PREMUROSO VICE MAYOR JABLIN COUNCI LMEMBER RUSSO COU NCILMEMBER TI NSLEY COUNCILMEMBER LEVY G :\attomey_share\RESOLUTIONS\2015\Resolution 2 2015-Nativity Lutheran Church-time extens ion .doc Page 4 of 4 Resolution 2, 2015 EXHIBIT "A" ' ' ' I I -= ~ i'i 0 ~ z w 0 ~ D w ~ 0: ~ 0 w ~ z :::> UNPlATTED ACREAGE ilr--~-----....: .. :.::"'-=.::.:-~~ _ -·----~~-.,..!88'22'1lS" e 46722' ~-- """"-0 ~~r-r-~~r-=1~1;'-=-r-=r-l ::..y.F; ;r _.J , ' I • I , , I I ir-- ~T--r-· ~~ il ,,-,.,--- .--- '--1 w ~I gj r .... ~: ~, ' [.IC • 0 15 30 Seal~ in F~~t SITE DA.TA TABLE : SITE DATA Ill£ AR EA I ACRES lfCTION TOWN IHI ... fltAN Gf SlCTI ON U , TOWNS HIP U SOU TH ftlN GIE U UIT BUILDING DATA FLOOR AREA (SF) 'PARKING 1.IEIJ8iiiiC'JUIIRY (VJIEATI) N 88'22'05'W ... , .. ----.. --- -IllS -10.141 JOUl - ---------------r -... --TOUl ---...... APR I 8 2001 .. 1(10..1 12 • II RICKARD V . ltEJJCI:NIS. P.lt. Fb9!!!0A Rt'i!JTftAHtPf NQ· ::IM78 '-;:;~~~~~;:;·;:;~;:; .. ~t-"''" __ -tl-"'--_----------] ~o __ ~_;_ ....... _n_~-~-8_·--~-y_~:-_'9_;:x_R!_~_·_-~_~~_·_.~_,l_~_s_u '-----P-AL:..N:.:::::::::.:::..B.:;;;E;.:;~~TY.:.;C:;;;~:..:~~J;;;;.:.:.:~:::.;:::;. ~.:.:::;;;N:.:.N.:;;::.,:.:.~.:;:U;.;;;~:.::.;;~;;;;;.;,~.;.....A __ ___, ... __ S_I_T_E_P_LAN __ F_O_R_P_R_O_PO_S_E_D_P_O_RT_AB_.;;_~_E_1;_~~-· _ __, ~:::;;::.;;~:::;;~~r.;;;~~;,;~;;::;~-~·~ ... _,~ t . . _ _ PALM BEACH GARDENS FLORID A _ _ _,....., _ _...,_ FROFOSED FENCE TO - TE~INATE AT TI-lE 50\JTI-IUJEST COf':NER OF TI-lE EXISITING METAL SHED LANP5CAFE PAT A TOTAL SITE AREA 218,294.1"' SF. ~-"' ACRES PREFERRED SPECIES PROVIDED NATIVE SPECIES PROVIDED 11% 11% ~\ 8 ·o ~ 50 PROPOSED FENCE TERMINATE AT THE ·1 NORTHWEST CORNER BUILDING FOJNDATION TREES REQ. 6 TREES (~oz> LN FT OF FACADE! BUILDING FOJNDATION TREES PROVIDED 6 TREES (A PALM CLUSTER OF THREE OR MORE EQJAL.S I TREE! OF THE-PROPOSED I NORTH P..QRT ABLE . NOTE, ALL REQJIRED FOUNDATION TREES SI-IALL BE 12' l-IT. MIN. ALL FOJNDATION PALMS SI-IALL BE 12'-14' OA l-IT. MIN. NOTES, -all lnva&lvs plant apsciS& &hall be removed from the eubject propert!:j. -all landacape areae ehall recleve '"'"'"' coverage from a full!:j automatic Irrigation &!:j&tem. -all treee and landacaplng will be field located to avoid conflict with the sxletlng utlllt!:j and drainage llnee. -mulcn to be applied to all pla1'1tl1'1g bed&, ::1" min. &?'edded reC!:jcled mulcn • -mulcn &hall be thouroughl!:j wet e time of application to / prevent wind dleperelon. • / PROPOSED DECK f----' 1 L OCATION MAP N.T.s. AND RAMF TO BE I //I DESIGNED B'T' _y OTI-IER5 / ', /, LIMIT OF WORK ---c REPAIR SOD A5 NEEDED I I ' \ EXISTING FENC~ SECTIONS TO BE REMOVED --81 .5' --- -EXISTING CONCRE-;-WA-, ----LK '\. _J ----~~,, -FROFOSED CONC. UJALK -EXISTING FENCE SECTION TO BE REMOVED EXISTING PLAYGROUND "----*--EN~ PROPOSED FENCE --* ---_ ~ -- EXISTING SCHOOL 1"44.7 '-- _5 .0' CJ:J '" f2. t-----I 4" CLEA NOU T/ . ~--- INV = 12.69' t I I I TO TIE INTO THE ----* -__ EXISITNG FENCE AHD -* ----* --_:v EX. 6' CHAIN UNK F ~I=' ~EXISTING FENCE SECTION TO REMAIN ~~g;~~ 12: ~ 50D I TE~INATE AT TI-lE -----x--- L '-SOUTHWEST CORNE"2 -=~~~~-~,~~~~~~::=-------~=-~~~~--jOF~T~H~E~PR~~O~FO~SED S ITE MAP -----~---- 60 BO -f- ••r----"----'>"------.,,.___. _ ;/ SOUTH PORTABLE EX. METAL SIGN~ -----~ ~~· ---~~~·2c·"~~~~!~~c~-------------------------=~D _________ _ MODIFIY EXISTING IRRIGATION - TO PROVIDE '"'"'"' COVERAGE OF NEW PLANT MATERIAL. REMOVE EXISTING IRRIGATION FROM BELOW PROPOSED STRUCTURES. EXI STIN6 CONC. SIDEWALK HoDy Drive u.E&T -eo..ND LANES --.. -- • u ~I j N 88'22'05" W 46122' (461.33 . MJ A&f>HAL T PAVEMENT ':'1 ~8'22'05" w 461.22 ' .. -- Gentile Holoway O'Mahoney • A t iOCial ll , IIC. 1..4ndo<:.op41 kchl...,.. Pl~eand Envlr~l CoNutt.anta IW1 Cartn•ee Lane 6ult•14'1 .J\4:>1,.., Flol'lda 3~&11 N>l-~'15-~1 S61·!!>'15·S261Z> FAX __.--. ...... ..c u I- :J res ..c "'C "i:: u 0 u::: Ill c c c: OJ "'C res ro .... 0::: res I-l) OJ Q) .r:. Q. res ..c u u res Ill +..J QJ "'C IXl c :J res E ....I ...J ~ c.. ~ -0 +..J >-·-> ..... 0 ·-+..J ro z O.Olgned· I:2H Dr•-I:2H Approved: ~ ~ EQj D•<e. Jmta Job""· 112t2-etn R.vi•ION: !!12Q~/I!!I! D-m:a ~·~-ID ~-[]-&!] cad no. ~!!r*-~ &sal landecape Plan ~No. LF-1 ~------------------------------------------------~-~--~----~--- FLANT L IST TREES E PALMS KEY QIT. BOTANICAL V LS • V OV • V SP 2 I 19 LAGB2STI20EMI A SPECIOSA 'Ol£EN CQAPE" OI..EQCUS VIQGINIANA SASAL PALMETTO SHRUBS E GROUNDCOVERS .ISla QIT. BOT ANI CAL NAivE COMMON NAME Ol£EN CQAPE MY1<11...E LIVE OAK CABBAGE PALM QQMMONNAME I<ED TIP COCClPLl..M .l::lL .sE& REMARKS 10' -17 7 25"CALI~ 17 MIN. 6' 25" CALl~. 5' C. T. 17·14' O.A MIN AS. ST AGG61 ~IGITS. 113 0R11ED SPeCIMEN I-ITS. NOTE ~ Tl<lJik HL .s.ER Q.Q. REMARKS 24-30" 24" 24" FU.L. 3 GAL MIN. •V Q.Q 71 M LIIO! 70 0-QYSOBALAN..JS ICACO 'QED TIP' UIO!IOPE M ~GIANT M'1'101CI ~ FIO!AGIO!ANS TIO!IPSAD..M OACnt.OIDES ~GIANT L!IO!IOPE 12" IT 12" FU.J.. , I GAL MIN. • v MYI01 44 S IM"SSNS STOF'F"EEI1 • v 11011 37 F AKA1-1A Ta.a: GIO!ASS SOD -AREAS NOTeD FOQ SOD TO i<ECEI\IE AT. SUGL5TIN: SOD M.l.Ci-1 TO 8E APPLIS) TO AU. PLANTING BEDS. 3" n.IICK MIN. IO!ECYCl..EO M.L~ AU. SODDED I>J-D PLANT AREAS 9-IALl. !;!ECEIVE 1001 COVElO! AGe FQOM A R..U.. Y AIJTOMATIC II<QIGATION SYSTI:M EOUIF'f'ED Win.! A QAIN 5B'ISOQ. I WA~ SOlRCE TO 8E CITY se;>YICE> • li'OICATES NATIVE PLANT MA~IAL 24"·30' 24" 24" FU.J.. , 3 GAL MIN. 36" 36" 48' FU.J.. Cl.UI.f>, 3 GAL MIN. V INDICATES VEIO!l" OQO..JGl..IT TQ.B;!ANT M INDICATES ~ATe OQOl.JG.IT Ta.5/ANCE FFL LANDSCAPE G UI DEL INES DE TA ILS N.T.S. I!IEC.R!' eAn&e It 2·).1.41 ~ CMIII!IIQI 5TI!EL Ma TO HCl.D &ATIM N I"UGE ~.........,..,..~.DONCTIU&. &A.~ TO P'Al.M. loB:iHI' «-e.ATTINI ~MotU. !II! L!CA'fa) 1H fii!Llnc:Jol TO 1H! .e&~r " 1ME ~AlJ1 rca .c:e.:::uA1E II!IUCI4& lan!f ~«~_ J ............. a. J'l1edl um Trets ....... ~I nai i!IIUfr0..8 IIY "" TOTAL. t'\M6 _,.....,. Jrr64l\IUL PClllt1. NO~ IMAi.L 1!!11E DC:1t1e P"9880I TO .. TAU..ATlGIN AfrC) ew.tLJ..•~eT ~ .-..n1!CT 1"tee! c...t.L PBI: 6122 MW..L. -~AT 6• olriiOYI! CIAAOI! LP TO I N:L .. • GAl... ,~~~C) ~ ~ ~...,. &.AIIaBI CAl..,__ SPEC IF ICAT IONS PL~rm1lt.-~~~ ~B:f"~ ~~~ON n.E !"LAN& 111-UU. CQNTliOOL Q>,£JCI QJ..ANTITIE& -1'1 n.E PLANT LI&T~ AU. mi:E&, 1".41..1'1&, &IRe&,~ coYER& AND on£11< PLANT& &i-IAU. ~TO n.E &TANDAIID OF F\.ORIDA NO. I OR eETTER A& GIYEN 1'1 n.E l.ATE&T I!OITION OF -..DE& AND &TANDAIOO& 1'010 ~ P\..ANT& !5r F\.ORJDA OEf'.ARTI'e<T OF A<ioR!a.L "!\IOE, I" ART I AND II. PLANT MATE""AL 111-UU. .AL.&o ~ TO n.E AI"ERiCAN A&60CIA TION OF~ NC. I AN&IJ !5ll..l..ETI'I Z ..,, • ~ AND A6 REVI&ED~ C"CM!N ,., ..6NIO eHAL..L el! lll.OIItiPA. ~ANCT ~ eeTTEit AND ~ ~TO n.E LITERA"!UOE &TAND.AI'IP& L I&TED ~ IIQl2 ~ I"EET M'£!t!CAN 600 I"'RQC>UCE& .AeeOCIATICt< &TAND.AI'IP& FOR ...-eRY GlliiOUN 600 FOflt T><IOQEM OF CUT, I"AD !!llZE. &TI'I£NGT>< OF &I!CTIONII, HOI&'"-C<lNT!NT AND TWA Tot 600 &~<ALL l!!e ~ TO leE ~ IN COLOIO, L.EAI' TEXT\IIiE, AND &HOOT DEN&ITY AND FOiEE OF IIEED&. DI&I!AIIE. F\I'IGU&, 1'\eECT& OR 01'1-ER I1'1I"E!!FECTION8 AND ~IENTL.l" 10-IITTED TO eu&TAIN ~ 600 111-UU. leE HoUED FOR FINAL ACCEPTANCE. ~ ~ AU. ~ M.A'T'Ef'S.AL ~.A fii"ERSOO CIF NINETY <Y>J D A Y& F'IOOM n.E DATE OF FINAl. ACCEPTANCE .A6AIN&T 0EA TH AND ~ "f1.n' COC>IT!Gtl. EXCEI"T A& MAY I'IE&I.L T F!OCN i'EGLECT !5Y ~ DAMA<!oE !5Y O"T>£1't& AND LNJeUAI. I"'-£NN1'ENA I!!!EYC><D CCJN'1"11UCrOR'& CON'T'IItOL ~Aee"eNT& !4-UrU. eE HADE UJ~ COI'"PATieLE &IZ!! AN;) G:I.J.AL.ITY CP HAT'EfltJAL. AT A Tl"'! fltEG:LE&TED Olll ~AeL.E !5Y n.E OUNER OR L.AND&c.AI"E ~TECT ~ PLANT MATERIAL IOE-ECTED DJ<ING n.E ~ OF C<:IN&TRJCTION &~<ALL leE ~ I.LMTHN FIVE (~) \1ICIA(.JNG D A Y& .AND I'II£R..ACED ~ TI-E FINAL. IN&PECTION FOR CGMP\.ETION lliU. leE ~-~ ON IIIEPI.ACE · MENT ~6 SWAU. eE: '!10 DA.Y& ~ 'f1.e DATI!~ fiEINA.L ACGE~ANCE OF n.E ~&. ANY DA1'1.661! TO &oDDI!D OR &I!EDED AREAS ~ IOE PLACEHENT OF PLANT MA TE""AI. &~-~AU. !5E COI'<IO£CTED !5Y n.E LAND&c.AI"E CONTRACTOIO, QJ..sWrtTtC!!I LQC..t.T ICN AHP et.aTm.JTt<:::N&: ne GIJANTITt!!& CP PLANT MATERIAL&-ON~ 111-UU. TAKE f"!!iEc:Er>ENCC OVER n.E PLANT QJANTITIE& ON n.E PLANT LI&T. n.E L.AND&c.AI"E .A!IOO<ITECT !I!E&ERVE& THE IOJGo1.IT TO AD.AJ&T n.E >U1!lER AND LOCATION& OF n.E DE&IGNATED T'Tl'E& AND &f'ECIE& OF PLANT& TO leE U!>ED AT ANY OF n.E LOCATION& 61-'C\LN. TI-E ~ ~ RECE !~ A QEO!T OR DEetT FOR T1-E l.NIT Pflt!CE 0: T1-E PLANT MATERJA.L... 1'-k) ~TlTUT to-4. OF PLANT MATERIAL.. TT'FE&, &f'ECII'ICATION& OR &IZE& UJIL.l. leE P"EEIMITTED UJITHOJT llRITTCN ~ZATIGtoi ~ Tf.E LAND6C.AFE ~TCCT . 1l-E ~ Al'oo!DI OR. LAND&CAPE .AIOCI-<ITECT I'IEeERYE& THE ........,. TO NOT ACCEI"T PI..ANT MATERIA.i.. n1AT DOE& ....aT, IN Tl-E OP!Nia-.1 ~ 'T1-E 0UNER AND/OIIl LAND!!CAf'E .AI'OO<ITECT,I1EET n.E 5f'ECFICATION& ><EI'IEI'I. fEgi!LtZAf!Pi· f"PPIY1P£ FE8TILI:ze8 Ll'ollltOIIiM IN CClf"FF61TICN. DRY. AND IN A F9li!EE F\.OWINclo COC>ITION FOR ....-R.ICATION !5Y &UIT A&E EQ.Jif"MENT. AND DEL 1\o£100 1'1 LI'IOf'E>ED 1!>AGo!1 OR CONT A !NEro&, E.ACI-' IO.LL Y I..A!5ELED !=Bit!IL I% !JI!EEO ~ ..6tC) <i!I!QIIiO coyEJ1t0: UJrTl.' ,_,ILOIOGANITE" OR AN~~ FERTILIZEI'l AI"P\.Y .,..,l~tTE • IN .t. C II'ICLE AfiCil.ICI 11-E PLANT eEFOfliE MJLQ.trNCi. DO NOT TOIJCI.' n.E 1"\.ANT UJITH n.E FERTILIZER IIJ,IoTER IN FERTILIZER AFTEIIti"U.C>II'IG. AI"PL T ,_,IU:R>ANITE" FERTILIZER AT THE FOL...LGIWINc:S RA TE 1 ~-1..!1&. OR 14.!> OF& I 1".41..1'1& 31Je Ll!l&. OR e .1., or& I 12 ·16 ' MA~AI. 1Jl)(/) L.e6. Qllllt !o~ CI..P'& I 6-0· MA'TEJIItiAL 0.6<1) L.e& OR '2JDIIJ o..r& '•·&'MATER!~ "'.19 L l!l& OR 112 CU" I S GAL MATERIAl. "'"" 1..!1&. OR V~ 01' I I GAL MATERIAl. fEIImL.!2E, D.fiF AB£A0 Ul'1"11 ~ 1 FEIIITIL IZER. C0'1F'I-Y""kik WIT11 n.E &TATE FERTILIZER \..AILe. n.E FERTILIZER &oiAL.l. leE OEMICAU..Y DE&IGNATED \LITH 12-&-e. I"AAVVDE AT LEA6T !>eOO OF n.E ~C ACID F'IOOM NOfii'IAI. &ui"ER -TE OR AN EQJIVAI.ENT &oUIOCI! I"AAVVDING A M\NII'U1 OF TWO l.INIT& OF eui..I'\Mt. T>e .A1"101M'& OF &UI..P\JIIt AND AU. On.EIO O<ENICAI. &i-IAU. leE I'<OICATI!D ~~~,~~-~~) ON n.E c:u.ANTITATM ANAI.Y&I& CAIID ATTAC>EP TO n.E ~ !5AG. I"UNT~TO IOI!\112 ..._. ... DI~C::.n.l!!fi'L.Atn'e.41..1.. PALM FLANTING PET A IL r---""-~ .. ~ fii\...A61"1C, CI'I...,.AL. c:otrn.Aiet 'TK4T KAT -AIIIIO.tC 1111001'. Pa.ti..LB) tiiJIIILN"P"''. ~ CM.Y To.-'-'1 Cl' ~ ---'"""'~---e,.tQQQI.J.. f"WX1\\IIRo 1/J a.AIC), VS ~T .......... WT~ SHRU6 .e GROUND COVER PLANTING TIIU«a 'tOCiolllli4C:.:L.&MoiCIJI' .-.T IIIIIIIa"f a.J.a,..TO.olit.Ulll tut ACoe:atiiTCI&IIO ~UTH~"I""e'et _,.,..,. ..-ec& IREE PLANTING PET AIL -----IJif..,,..~CP~TIIIU«.e - -~'nu«~~~-I.&Afl&o&C7-~.-c)~ -....rn.T1'1..'11D ... ~ ,..,.,......_..TC-S..T~ IXEICAL CABBACtE PALM LAXOUT mqo • Ot.ft" I1D< "'fft!'A-~ ~J ~!WK. Y 111TW T>e !!lACK 1'lL.l. IN T>e I.P!"£10 213 01' P"'..ANTT''Io 1<01..& ~ L.aA\!Nlo \HTIIIEATED T>e TO!'" I" Of' &olL. MIX AT 'M! RAT!!! 01' I OZ. ..... !NO< CAL~ OF TIOEI! OR 1'001' DI~Cif'a.t.U... ~ fiiEfilt ~ ~. ~IC.4T1GH fltATE. ePIOADC.AeT ~-~CRT .A· ltOfe ~U1J 4 L..AT 6Gl0. !!lACIQ'Ibb M!XTIJ!!I:, 113 e..IND, 113 TOI"&ooL, 113 !"EAT 1-U"ll&~ ~ &~<ALL !>E CLEAN. &.AI. T .flii£E AND CONT AINtiClo NO EXTIOI.ANEG>.I& MATTE!It ~ &~-~AU. leE ...,AeLE FERTILE &oiL WITH !I!EI"''£e.ENT ATI-.£ ~&1'\c& OF AAEA 601L!a. IT !oi-IC\LD eE PFiEE C1F-1-EA\IY CLAY, $1LT, &TOE. EXce!6 Llf"E, &i-Ell. ROCK. ~T ~T$. DEeR!& OR OTI-Eil I'COOE IGN MATTER IT &~<ALL NOT CONTAIN NOXIG>.I& PLANT GRCIIITH I &UO' A& \eEIOM.OA, TORF'EDO OR NJT GRA&&J. IT &~-~AU. TE&T I!!EruEEN n.E ...., RAI«>E OF !>4> TO 14' \K.E!le OTHE-&1! !IPE:CIItiED ..A1oC1 CON"T A IN NO TOXIC RE$\OlE OR et.e&TANCe& Tf.4.4T UJClUL..O END~ PLANT 6RCW11-l IF TOPeOtL 1$ NOT A VAIL.Aei-E ~ &ITE, IT 61-LAL.L eE I""'PIRTET FfiiiiCM LOCAL ~& u.A'!l-4 &NIL.AR 601L ~&T1C6 TO ~T FOI.J'IoiD .AT PfiPOJECT &rTE CJeTA IN T01"501L 0'1. Y 1'!li01 NA'I\JRAL.l. Y,IIEL.l.·DRAINEO &ITE& I1><ER£ T01"501L ~ 1'1 A OEI"'T>' NOT l.EM THAN ~·. ~""grF~~~~~+i'~~F~IeE FOiEE F!OCN &TOO£&. EXCEMI-.£ PLANT RIOOT&, DE!5RJ& OR On.ER ,.,_IGN MATTI!!R 1"lJCK !lMAI.l. NOT leE OVER!.. T &A'I\.II!ATED UJITH IIJ,IoTER ~ ~ AND I!>EL.OIIJ GrOO.N:> UTIL ITIE& &oUL.l. !5e verot.FII!D AND LOCATED !5T T>e \..AND&CAI"''! c;a.mu.cTOR _,OR TO CO!"t1!NCI>Go L1JO!'II< 1'1 n.E I"'IO.ECT AREA. F UTILITY !"LAN& ARE A VAIL.Aei..E. n.E c;a.mu.cTOR S<.AU. EXAMINE n.et AND l!lRJNG ANY AND AU. C<:H'I.ICT& TO T>l! Al'TENTION C1F n.E OUtER AND/OR L.AND&CAP'E AIOJO<I TECT~ UJI.£N ~ IN AN AIOEA u.I«N! 1010U.N UT IL ITIE& I!XI&T, UTILITY L..OCATICIN& MAY NEED TO eE &T -"<ED !5Y A e<RY'ETOR OR n.E UTILITY COMI"ANIE&. T>E c:omucTOit WA& n.E OPTION TO CONTACT UN.C.U!. AT 1-Ne-~52-~,.,., TO &oeDIJLE LOCATION OF n.E UT ILITIE& ILWIC>I &l.e&Citll!!e TO T>elfll &EitVICI!. 1IEED&o I"RRIfft TO T>e MT.Iol.l.ATION OF PLANT&. n.E &ITE &~-~AU. leE FOiEE ~\IEED&, ~. 600, DE!5RI&. ~ OR OT>£Il NATERI.AL. 11.AI<ING n.E &ITE ~ A!5LL I'Oit I'INAL ACCEl"'T .INC!! AU. P\.ANTED -..& &WALl. leE 1IEED -. ~ n.E L.AND&CAI'E CONTIIIACTOfll &WAL.l. COO!IIDNATE n.E IN&T AU.ATION AND GRADtiClo Of' T~I L. F NECEMART. WI T>< n.E GENERAL CONT'IIUCTOR, TO rNeiJIIII! T>e &ITE 1& AT PNI&W GofiUOI! l"'ttOfll TO IN&T AU.tlelo I'LANT&. Pl.AN!INCj J8EEO:; LATQUT PLAN!O ACCCfiiDtoiG TO LAIC6CAFE PLAN$. F A eotfi.ICT ARI&E& A& TO n.E LOCATION. &!"ACING OR OTHER C<:H\.ICT, CONTACT T>e l..AIC>&CAI"'! AIOCI<IT!CT \l"f1!0\A'T!I. Y ~ ~i1li~~~~~-~T~~D1~~ !5ACI<FIL.l. HIX'\JOI!E 1'1 PIT TO LOCATE COL.l.AR OF I"LANT ~ T IN A &L.~ Y 0 1&1-ED FfN I~ GRADE. ~ILL .AftOlND e.Al.L u.IT\.4 ~ILL MI><'Tl.R, CO"'PACTED TO ELIM1NATE \1010& .AND A ll'l f'OCXET&, IIJ,IoTEI'tiNGo T>IOROlJGO<L Y A& LAYER& AIO£ P"L.ACED. I!IUIL.D 3" 1-1~ ~p;f'1 OF &OIL eEYCJt.IP EDGE OF EXC.AV.ATI0-4. APPI.. Y FERTLIZER A& &f'ECFII!D AND THEN 111.0l WITH n.E T'Tl'E foND THICI0'£&6 6PeCIFIED CN PLANT LI&T. ~ ~ eE oaE ~ &ITE .AFTER PI.ANT""" FORD~ LIM!5& OR A& D II'IECTED TO ~ ~ PI..ANT AP1"EAAI!ANCE. DO NOT I'IEI"\0-.£ I'10!0E THAN ~~ OF I!IR;INQ.E&~ '""""lNG NETWCIO$ ~ FOL.LCUI !IT ANCAIIIO ~ICUL ~ ~T I CE$ Ll&tNG APfDRCJFI'Rl.ATE TOOLS. LOP'PIN6. ~OR T~ OF~ MATERIAL u.lL.L eE ~FOR: PE.AEC'T IOI.. OAI""1A6EE, ~.FRAYED. &PI..IT OR eKN£0 I!IRANO£&. Ll1'1!56 OR fliiOOT& TO leE PI'UED I!>ACK TOLl -.£ WOOD ~ n.E CENTRAL !...EADER OR l!1lJD &WAU. !>E \.EFT INTACT ""'-E~ !E~LY DAHAUEO. Q41Y ANP ti!.At5Z T'!!iCEE$ LEe& 'fl.U.N -4• IN CALIP"ER. H TJ.IIIIIEE OINECTIGN6 uJn.f •I...AU,.I!G'tll• TlEE &TAKE&, 8 ' 6TR4P&, 3.2• &TAKE&, MC:0EL ~2 . ST Mc:E T!liiEES IM"EEI.ATEl. Y Af'1CR PL.ANTINCS. FOil! I'1JL. Tl-Tlii..NC. P"L.ANT 1'1.ATElltiA.I.., A.TT..A,O.j GUY"& TO n.111!EE l 'J ~&T Lll'"te6, c..A11E M...teiT eE T ..t;c:;EN NOT TO~ GUY& TOO Tl(i,I.IT FOflt TIIIIEE& 4.• IN CAL l ~ """" 0V£R. ~6 1'1J!tT eE &T AICED UITH 1L10G0 2:X-4 I'1ETWCO. ~OJJ PAL.M &T.AK.N::a DETAIL FOIIi fiii!E(';LI~6. TME LAND&C.4P'E ~CT 'IIE!!IERVE& TI-E~ TO El.IMIN..4TE GUYING OR STMC:..N5. n.£ OJ.NEJit &I4AU. IIECEI\IE 4 QliEDIT OR OEeiT FOR n.E a-.I IT PflttCE OF-n£ GUYINI:rl Ollt &T.4KN::il PLAN!IN!j &!=BJI!6: gxc.Ay.AT'!: r'!TO a;t ~TO a.E AND Cl'E-~ (1-ln J Tlf'"ES D IAMETER. ~ ~6 OR CONT AltER!~. AND 3• DEEF'Biit 11-tAN Fi£QUIREO FOR PO&ITIONINGI AT ~ ~~T . c.c:t'IP.ACT .A LAYalt OF ~ILL Ml><llJI<E IN !50TT0'1llEFORE PI..ACING PLANT&. CONTAINER GRI:>I>< MATERlAI.& &oiAL.l. eE I"LANTm 11J1TH .... """-"'& AFTER DEI.I-.£RT TO 6 111!.. PLACE PLANT N PIT AfoO e.ACI<FIL.L AROLNO F'!...ANT& UJIT11 e.AO<FIL.L M IXTl.JIII':E, COHP..ACT'EC TO EI..IHINA~ VOIO& """" .A IR POCXET&. WATER ~T A$ ~.AYE!Iil$ .Alii£ R..AeeD. FQIIiiM A 3• I-IIGH ~ OF &OIL eEYCNO TJ.E EPGE& (70 EXCAVATIOt. APPL. T FEI'<TII.IZER A& ePECIFII!D foND TIEN l'lJI.C>I 11JITH TWE T'Tl'E AND n.IIOQE.e6 &f'I'ECII'IEC eN PL.ANT L IST. ~.~~~~~~et'~ !!RANC£&. PLANTINCS 4!!Q\Jj[) ~ ;~~~~L.l.~~~ Wf.fEI'iE TOF&oll. HA&\eEEN ?AGEe NjTfa A!! on.E~!JE INDICA TEO. CICS WOW:& LAR:il! ENClliGii-4 TO AU..OW FOR 6F"!ii£ADNG OF ROOT~. CCMPACT eACJ(F I ~ TO ELIMINATE VOID&. AND L.EA-.£ GRADE eL.\Golffi. Y DI$ED AT EAO' F'LANT. WATER ~ Y . APPL. Y FERTIL IZER M ~CFIED ANC r.-l'lJI.CW WIT>< 'M! TT?'I! AND TH IO<NE&& 5f'ECFIED ~ PLANT LI&T, LP"TlN<; I"LANT I'OLI.Aal! AeOYI! HJI..CW. 111.CW I!WAL.l. !!ll! &I"!!EAD eE!'OIO£ PI.ANTING l"l..ANT& IN POT& l.E!le TWIN I GAI.l.ON &IZE t ~·. LINER&. ETCJ. 1"\.ANTIN!O L.A!!N6, ~ TTR &P£CFIED ON l"l..ANT LI&T &WAL.l. eE 1'1ACWINE ST101F'I"ED NOT f"110IiE TWAN :2 4 HG'II..IIt& PRIOR TO LAYNI:& l'X"'fli !1.!!!<iRApE ro DE1"TW OF ~· AND GfltADE 111TW TOP&OIL EITI.ER .......::>YIDEI> ~&IT!! 010 ~TO PINI&W DE&IGN ~ATION&. ROLL. I"'<EE"ARED LAUN &UIFACE. IIJ,IoTEIO ~Y .I!IUT DO NOT ~ATE f"''..DY eoiL CONDITION. FERTIL IZE SOIL AT T>£ RATE OF Af'PR0><\11ATEl.l" liD \..!5&.1"EEI-&F. -AD F'tRTILIZER OVER THE AIOEA TO !I!ECEI-.£ -.A&& !5T U&I>Go AN ~ DISTRII!\UT I~ DeVICI! CAI.\!510ATED TO D I&TRJl!lUTl!! '1><1! ....,.,..,..,.ATE QJAHTITT. DO NOT I'ERI'IL IZE 111-eN UIND YEI.OCITY EXCEED6 1!o t1JD~ 1'WOI'1CIJGI.L Y MI X I'ERI'ILIZER INTO n.E TOP 1" OFT~L LAT :!!Q[) OliO!,., WITH T1GWT JOINTS, DO NOT OVERI..AI". &TAGoGER STRI"" TO OIO'&ET JOINTS 1'1 AOJACI!NT CCUO&E6. UIOIOK &11'11!0 &oiL M IX INTO MINOR CltACI<& I!!ET1Iei!N I"'ECI!& Of' llOD AND ~ !!XCI!&& &otL DEI"'61T& _,.., llODDED AIOEA6. 600 ON eL.OI"E& GIIIEA TEit THAN 3 , I &i-IAU. !>E &T .111<EP IN PLACE. IOIOL.l. OR T..,.,. LIGI<Tl. T AN:> WA TEJt ~ Y UJIT>< A FINE !lf"'I!AY 1!1'£0\ATEl. T AFTER PLANTING. LANDec.o.-1! MAINTENANCE, MANTENANCI! foND GoE>I!RAI. CLEAN lr ~ leE ii!'EW+IIIJ ED DAILY'. AA.NTENA.NCC ~ NCLUOE aiT NOT ee L l"ffTEO TO WATERN:::a:. u.EEPNG. a.LTIV.4TING. !lii!E aTORAT\o-1 CF GRACE. 10£1'10VAI. OF L ITTER. 1'1011JING • .....,....:;, I'IE&ETTI>Go &ET1'l.ED PI.ANT~. ~.IOEI"A""""" OR lliEI"l.AC .... STAKE& AND 6UY&. PI'OOTECT IO< FftCM IN!ECT& AND D I6EA6!:6. FERTIL I ZATI ~ AND Slt"ILAR. c:::;JP~eR.AT10N5 A& NEEDED TO EN&!R' NOR'1AI. ~ AND ><EAI. nrr PLANT MA 'tV<IAL MAINTENANCE &WAU. I!IEUN AFTER E.ACI-' PI..ANT 1& PL.AN"rED AND &WAU. CCt-IT""'-E FOR NtETY (~)DAY~ l9lii!0'1 11-E DATE OF FINAL .ACCEPTANCE. ltii!R$CsATIO<i: Al.L. PLANT MATERIAL TO !lii!ECEIV'E ~ CO'v£RA6E DY AN. AIJTCMATIC ~ &T"&TEM. Gentie Holoway O'Mahoiley 6 AI I OCial ll , IIIC . L~peArc:t'<t...U Pia,..... Mk::l Envlr~l ecn.uh.ant.. I9ID1 c--c::e L- 5uH.• "'' .Af>rt•. Florida 3)4&8 e..l -!>'1!>-~1 !*1-!>'1!>·S2-FAX ~·-~~ ..c u a... :J "' ..c ""'C ·.:::: 1: u 0 "' u::: c:: .. til II) 1: 1: c: C1) 0 ""'C "+=l (\$ ... "' "' u a... (.) '= Q) ·o .J:: C1) ..c u c. "' V) ~ C1) co C1) :J E c. ...J "' u "' II) c.. ""'C ~ ._ 1: "' 0 -I ~ >-·-> ..... 0 ·-~ (\$ z Deo lgn.d• r:2llfl Crau11 ~ Approved: fMiil. l:lll:t 12:1 c ..... ]~- """' ftC. ··~ Rlsvlt lont: ki2Q~lti! ~-.Jt&!-Q[l HH!J er-t Title' Landacape Speclf"lcatton& P lan e.-t No. L F-2 r E ~ m (j) -t "' l; m __, r ~ ITI ~ < 1> II -t ~ 0 z e ~ 3 I: ~ ~ ~';\ ~~0 ~.! ~~~ lfi2 i i .... o ... ~d "' i: ~ Ill Ill ~-> ~ ~ <O ... > '!I I :J-0 -z .. m X ~ ~ ~ ~i 2~ ,.a X .. g l • ~~ 2: .. a X ~ ~ -I ()m ~?S. t~ I:~ m mo X -i8 <; g~ -f ~ c 0 ~ I: H 2: ~~ .. a h X ~ ~ i~ ~~ ~J H ~i 2: ~a i! • i ~ 0 PROPOSED PORT ABLES FOR: NATIVITY LUTHERAN CHURCH <4075 HOU Y DRIVE PALM BEACH GARDENS FLORIDA (j) < 0 r--ij ~ c -t ffl m -t I ~ I Oe m ~~ p r n .... r n1 ;~ -i < IJ ~m ~ 1> ~(I' 11 c ~ -t ~~ r ~ 0 m :rn o x z eiil ~ ~~ IJ ~ :rO ~ __, I: m X ~ ~ ~ .. ~ i "' 2~ '<' g~ I m X ~ ~ § ~ i 2 ' ' T & M D ESIGN ARCHITECTU RE & PLANNING, INC. ~>••o : 03-28-o· 276 1 VIS"IAPARKWAY. UNITf--12 PH (!>a I J 62~-~261 · f X (!>a I) 62,·0741 EMAIL. ......-dlpl(¢cllsouduol WEST PALM REACH. fl J:I.I IO flOIUDA REO AAOOOJJ~' WlUSI r to : ........ ~.Will ,s~,4: ?:.tJIJ £,44 : q.'3~ CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 5, 2015 7:00P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. PLEDGE OF ALLEGIANCE ll. ROLLCALL m. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS I PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: Vll. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Oerk prior to this Item) VIll. CONSENT AGENDA: a. b. APPROVE MINUTES FROM JANUARY 8, 2015 CITY COUNCIL MEETING. RESOLUTION 3, 2015 -LEASE OF FIRE RESCUE VEHICLE -BRAUN CUSTOM AMBULANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE TAX EXEMPT LEASE PURCHASE/BUY-OUT OPTION OF ONE (1) CUSTOM AMBULANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SAID LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. RESOLUTION 4, 2015 -LEASE OF FIRE RESCUE VEHICLE -PIERCE AERIAL LADDER TRUCK. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE LEASE PURCHASE OF ONE (1) PIERCE CUSTOM VELOCITY 100' AERIAL PLATFORM TRUCK FROM TEN-8 FIRE EQUIPMENT, INC., AN AUTHORIZED DEALER FOR FIRE ENGINES IN THE STATE OF FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d . RESOLUTION 6, 2015 -PARCEL 31.04 PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PLAT FOR PARCEL 31.04 / CIMARRON COVE PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . e . RESOLUTION 10, 2015-SETTING THE JULY AND AUGUST CITY COUNCIL MEETING DATES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST, 2015; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f . PROCLAMATION -NATIONAL ENGINEERS WEEK. IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a . b. ORDINANCE 1, 2015-(1sr READING) REGULATIONS RELATED TO HUMAN SIGNAGE. AN ORDINANCE OF mE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SECTION 78-290. TEMPORARY SIGNS ALLOWED. AND READOPTING SAME, AS REVISED, IN ORDER TO ADOPT REGUu;TIONS RELATING TO "HUMAN SIGNS•; FURTHER AMENDING CHAPTER '18 AT SECTION 1&751. DEFINITIONS. BY ADOPTit-LG :rHE DEFINITION OF •HUMAN SIGNS'; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVEbOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ORDINANCE 3, 2015-(1sr READING) GAS STATION SIGNAGE IN THE CITY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CRAPTER 78. LAND DEVELOPMENT. AT SECTION 78-285. PERMITTED SIGNS. TABLE 24. PERMANENT SIGNS, BY AMENDING "GASOLINE PRICE SIGN" AND "GROUND SIGN" TYPES IN ORDER TO ADD ADDITIONAL REQUIREMENTS RELATED TO GASOLINE PRICE SIGNAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PRO\LIDING AN EFEECTIVE DATE; AND FOR OTHER PORPOSES. RESOLUTION 2, 2015-NATIVITY LUTHERAN CHURCH . A RESOLUTION OF Tl:tE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MISCELLANEOUS PETITION FOR THE NATIVITY LUTHERAN CHURCH AND SCHOOL, LOCATED AT THE NORTHWEST CORNER OF HOLLY DRIVE AND PLANT DRIVE, AS MORE PARTICULARLY DESCRIBED AEREIN, TO APPROVE A TWO-(2) YEAR TIME EXTENSION FOR TW (2J EXJSTING TEMPORARY MODULAR ·STRUCTURES; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. e. *RESO[UTION 7, 2015 -REPLACE THE EXISTING CITY OF PALM BEACH GARDENS FIRE STATION NO.2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN AND MAJOR CONDITIONAL USE TO REPLACE THE EXISTING FIRE RESCUE STATION NUMBER 2, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTI:VE DATE; AND FOR OTHER PURPOSES. *RESOLUTION 8, 2015-AMEND THE CENTRAL GARDENS PCD MASTER PLAN. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PLANNED COMMUNilY DEVELOPMENT (PCD) MASTER PLAN FOR THE CENTRAL GARDENS PCD LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD AND CENTRAL BOULEVARD , AS MORE PARTICULARLY DESCRIBED ·HEREIN; PROVIDING MINOR ADJUSTMENTS TO THE PRESERVE, THfi: DESIGN GUIDELINES, AND PCD lANDSCAPE BUFFERS, AND CONVERT 57,500 SQUARE FEET OF RETAIL SPACE AND ~. 784 SQUARE FEET OF GENERAL OFFICE TO ACCOMMODATE A 140-BED ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PCD; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. *RESOLUTION 9, 2015-ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PCD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN AND MAJOR CONDITIONAL USE APPLICATION FOR A 140-BED ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) LOCATED ON THE WEST SIDE OF CENTRAL BOULEVARD, SOUTH OF THE INTERSECTION OF HOOD ROAD AND CENTRAL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XL ITEMS FOR COUNCIL ACTION/DISCUSSION: Xll. CITY ATTORNEY REPORT: XIIL ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with resped to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Oerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, pkase call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. " J CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 5, 2015 7:00P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. ......-PLEDGE OF ALLEGIANCE II. -/ ROLL CALL III. V ADDITIONS, DELETIONS, MODIFICATIONS: IV v ANNOUNCEMENTS I PRESENTATIONS: V. ViTEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. &/""CITY MANAGER REPORT: VII. /coMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit reguest form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: ')-0 a. APPROVE MINUTES FROM JANUARY 8, 2015 CITY COUNCIL MEETING. b. RESOLUTION 3, 2015 -LEASE OF FIRE RESCUE VEHICLE -BRAUN CUSTOM AMBULANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE TAX EXEMPT LEASE PURCHASE/BUY-OUT OPTION OF ONE (1) CUSTOM AMBULANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SAID LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. RESOLUTION 4 , 2015 -LEASE OF FIRE RESCUE VEHICLE -PIERCE AERIAL LADDER TRUCK. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA APPROVING THE LEASE PURCHASE OF ONE (1) PIERCE CUSTOM VELOCITY 100' AERIAL PLATFORM TRUCK FROM TEN-8 FIRE EQUIPMENT, INC., AN AUTHORIZED DEALER FOR FIRE ENGINES IN THE STATE OF FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . J d . RESOLUTION 6 , 2015-PARCEL 31.04 PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PLAT FOR PARCEL 31 .04/ CIMARRON COVE PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. RESOLUTION 10, 2015-SETTING THE JULY AND AUGUST CITY COUNCIL MEETING DATES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST, 2015; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. PROCLAMATION-NATIONAL ENGINEERS WEEK. IX. PUBLIC HEARINGS:(* Designates Quasi-Judicial Hearing) a. b . c. ORDINANCE 1, 2015-(1 8T READING) REGULATIONS RELATED TO HUMAN SIGNAGE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SECTION 78-290 . TEMPORARY SIGNS ALLOWED. AND READOPTING SAME , AS REVISED, IN ORDER TO ADOPT REGULATIONS RELATING TO "HUMAN SIGNS"; FURTHER AMENDING CHAPTER 78 AT SECTION 78-751 . DEFINITIONS. BY ADOPTING THE DEFINITION OF "HUMAN SIGNS"; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . ORDINANCE 3, 2015-(1 5T READING) GAS STATION SIGNAGE IN THE CITY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78 . LAND DEVELOPMENT. AT SECTION 78-285. PERMITTED SIGNS. TABLE 24. PERMANENT SIGNS, BY AMENDING "GASOLINE PRICE SIGN" AND "GROUND SIGN" TYPES IN ORDER TO ADD ADDITIONAL REQUIREMENTS RELATED TO GASOLINE PRICE SIGNAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 2, 2015-NATIVITY LUTHERAN CHURCH . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MISCELLANEOUS PETITION FOR THE NATIVITY LUTHERAN CHURCH AND SCHOOL, LOCATED AT THE NORTHWEST CORNER OF HOLLY DRIVE AND PLANT DRIVE , AS MORE PARTICULARLY DESCRIBED HEREIN, TO APPROVE A TWO-(2) YEAR TIME EXTENSION FOR TWO (2) EXISTING TEMPORARY MODULAR STRUCTURES; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. e. f . *RESOLUTION 7, 2015 -REPLACE THE EXISTING CITY OF PALM BEACH GARDENS FIRE STATION NO.2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN . AND MAJOR CONDITIONAL USE TO REPLACE THE EXISTING FIRE RESCUE STATION NUMBER 2, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. *RESOLUTION 8, 2015 -AMEND THE CENTRAL GARDENS PCD MASTER PLAN. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PLANNED COMMUNITY DEVELOPMENT (PCD) MASTER PLAN FOR THE CENTRAL GARDENS PCD LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD AND CENTRAL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING MINOR ADJUSTMENTS TO THE PRESERVE, THE DESIGN GUIDELINES, AND PCD LANDSCAPE BUFFERS, AND CONVERT 57,500 SQUARE FEET OF RETAIL SPACE AND 40,784 SQUARE FEET OF GENERAL OFFICE TO ACCOMMODATE A 140-BED ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PCD; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. *RESOLUTION 9, 2015-ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PCD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN AND MAJOR CONDITIONAL USE APPLICATION FOR A 140-BED ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) LOCATED ON THE WEST SIDE OF CENTRAL BOULEVARD, SOUTH OF THE INTERSECTION OF HOOD ROAD AND CENTRAL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. -RESOLUTIONS: XI. VITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. ---------------------------------------------------------------- Please Print Name: City: f.!"2 ..... · Subject: ... ·--·-···----COMMENTS .FROM THE -PUBLlc-· ·- Request to Address City Council . --·--..• ·------------- Members of the public may address the.City Council during the "Comments by the Public" portion Of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is· limited to three (3) minutes. Please Print Name: Subject: ... -----·----··catvrMENTS --FROIVi"TFII=·-pusuc-· ·------... --------- Request to Address City Council .. . Members of the public may address the.City Council during the "Comments by the PUblic" portion Of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is: limited to three {3) minutes. .. Please Print ... ·-·-···---·coMMENTS .. FR-br\Ji .THE-PUBLic-···-·--·---: ·-·--·---· Request to Address City Council Name: £A 4. ~. ;:1!so Add re S{:;:· 7'7 .VI A~ .#4'-MI/ WJIY . . / City: /AltO pk ""~ g_... $/¥17-. Subjeci: 'Z'~ Se.lt:L h'Ar?e @#.:;~.€ .,4,. ';l;;? ~N @.,... P~-il~ f?/-v A:'""" Members of the pu~lio may addre~s the· City Cou~~;!g t :J?o;,;;r;;':,?ents by the PUblic" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerl{ prior to the com!Tlelicement of the meeting. The time lirnit for ea.ch speakei is: limited to three {3) minutes. Please Print Name: ... ·-·-···---CoMMENTS .. FR-01\li T RE·-puBLl c -···-·-----··-·---·---· Request to Address City· Council AddreS$:: "~o ~' \ ~re:_ Wo,y 1 <Svd~-II I 0 aty: ~q(.~tJ~~~~~~~~~~~~~~~~ Subj ect: Ave 'f't' ( .. . Members of the public may address the. City Council during the "Comments by the PUblic" portion Of the age nda and during "Pub lic H e·arings". This R e quest to Addre ss the City Council must be delivered to the City Clerk prior to the commen cement of the meeting. The t i m e limit f or each speaker is limited to three {3) minutes. Please Print ·-·-···---··cai\liMENTS FR"Or\il .-1 HE·-ptJstJc-···- Request to Address City· Council Name: , --:I"t+c..fi ~~~i t Add reS$:--? 6 C'lj f [p A-8 1J v l~t vo,. J City: Pt.tlM Q ~ a.c.A & JXf'JaA; .• -FL -~~~,~~~,~~~------------------------------------ Subiect: A v Q ,., ,r -1' lJ ~ v ~ It:) P.M .:N J 7 I Members of the public may address the-City Council during the "Comments by the Public" portion of the agenda and during "Public He·arings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is· limited to three (3) minutes. Please Print Name: Subject: ·--·-···----COMMENTS FROIVi .-1 HE·-pusLic-···- Request to Address City· Council .. Members of the public may address the-City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is· limited to three (3) minutes. COMMENTS FROM THE PUBLIC ( 5 REQUEST TO ADDRESS CITY BOARD OR COMMITIEE ,jr '#(\. ~.f J~ zv 5r "'t Y PLEASE PRINT li:~~ . v~(rrs Meeting Date: Address: S Cl~3 · --------~--~~~--~~~---------------------------+--~~--- Cicy: ______ ~~-~-~~·----------------~----~~.: ______________ __ subject: -------¥~___;___-~__:__:::S=-\.!...._~~--=-h-S£..._ __________ _ \ Members of the public may address the Board or Committee during the "Gomments by the Public" portion of the agenda and during "Comment by the Public". This request to address to the Board or Committee must be delivered to City Clerk staff member prior to the commencement of the meeting. The time limit for each speaker is limited up to three (3) minutes depending on the amount of comment cards submitted. Please Print Name: Subject: ·-·-·-·---··cai\/HVIENTS FR-01'\ii TRE·-puB[IC--··- Request to Address City Council . . ----··---· ---~ ~-~ Members of the public may address the-City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the' City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is· limited to three (3) minutes. PLEASE PRINT COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY BOARD OR COMMITTEE Meeting D?: _2._} 5 I t6 Name: ~b,_/~c c Address: 11-¢~6 A/tAlA APt ~ City: 2B.C{ Subject: .a«J,.. f 1 &., 1 (' Members of the public may address the Board or Committee during the "Comments by the Public" portion of the agenda and during "Comment by the Public". This request to address to the Board or Committee must be delivered to City Clerk staff member prior to the commencement of the meeting. The time limit for each speaker is limited up to three (3) minutes depending on the amount of comment cards submitted. ... ·-·-·-·----coiVI-MENTS .. FR-OIVI"TFll=·-puBLlC _____ ---------------· Request to Address City· Council Please Print Name: JAlt SCWIJI$(, Add reS$: · -n-,)l-L...::.(()=::....._!t-~1+---'=--S-=--=t grt.IJ=--_0_111c(~· =----;---'-C-=--==-tll..;:____t_J_~----..,....._----'--'--_ ciw: -----~-=~--------------------------~--------------------------- Subject: ·Oilr:>t~ I .. Members of the public may address the.City qouncil during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prio r to the commenceme nt of the meeting. The time limit for each speaker is' limited to three (3) minutes. PLEASE PRINT COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY BOARD OR COMMITTEE Meeting Date: f)_ I 5 I I I} Name: E/., Sft 1/U-A}.,( Address: 52. qe IAJ H cl ~'"'t¢ City: ~g./YICJ ~ ~ ; . v Subject: L If £ B~ lvn~ J-, ~~~ Members of the public may address the Board or Committee during the "Comments by the Public" portion of the agenda and during "Comment by the Public". 1bis request to address to the Board or Committee must be delivered to City Clerk staff member prior to the commencement of the meeting. The time limit for each speaker is limited up to three (3) minutes depending on the amount of comment cards submitted. e:J/ rj1r ec~ eo.w"'"L t1J.:t~--,..J · R..~ ~~Tl' rk ~~ Olf IA.4J{1M. ~o..&c ·@ Tonieht we are holding quasi-judicial hearings on the following cases • *RESOLUTION 7, 2015-REPLACE THE EXISTING CITY OF PALM BEACH GARDENS FIRE STATION NO. 2. • *RESOLUTION 8, 2015-AMEND THE CENTRAL GARDENS PCD MASTER PLAN. • *RESOLUTION 9, 2015-ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE CENTRAL GARDENS PCD. This means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing, the materials which are in the official City file on this application and any documents presented during this hearing. The Council is also required by law to allow cross-examination of any witnesses who testify tonight. Cross- examination may occur after the staff, the applicant and other participants have made their presentations and will be permitted in the order of the witnesses' appearance. It is necessary that anyone who testifies at the hearing remain until the conclusion of the hearing in order to be able to respond to any questions. If you plan to testify this evening, or wish to offer written comments, please fill out a card and give it to the City Clerk. The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these cases. 1 2 3 4 5 6 7 8 .. 2/5/2015 1 .. } 2/5/2015 2 l 2/5/2015 3 , •2/5/2015 •2/5/2015 , •2/5/2015 I •2/5/2015 I •2/5/2015 •5 •2/5/2015 .• I •2/5/2015 .. 2/5/2015 1 2/5/2015 2 / 2/5/2015 3 , 2/5/2015 4 2/5/2015 ... Project Overview • Facility Overvi l & Operations • Fire Chief Micha S irJZIIIIIIiiiiii-..iiiii.-~_. 1 Subject Request: . • Site Plan and Major Conditional Use approval to replace the existing Fire Station No . 2 with a new Fire Station • City of Palm Beach Gardens = Owner Location Map: 2/5/2015 2 Concurrency • No Modifications to the Existing Concurrency Approvals • Fire-Rescue Personnel and Vehicles will remain the same • Palm Beach County Trip Generation is based on an Individual Station and Not Square footage • July 2014 -City's Traffic Consultant issued approval letter • Southern Access Point Removed I Northern Access Point Added • New Station 9,735 square feet vs. 6,351 square feet (Improved Vehicle Bay) • Existing Parking Spaces (12) maintained, additional 3 spaces being added • On-site Circulation for Rescue Vehicles and parking remains the same • Drainage =on-site collection and detention 2/5/2015 3 • Inc ing required ~s-foot cent to building, Exceed ing the buffer requirement in most areas (exceeds Code), Road Shoulder La ndscapi ng • Significant attention to Campus Drive frontage • New Plantings include: Saba I Palms, Ligustrums, Crape Myrtles, Cocoplums, Muhly & Sand cordgrasses, Si lverbutton woods, Firebush, etc. (Full Range) • Ma i ntaining many of the existi ng Slash Pines, Saba! Palms, & Live Oaks, in add it i on to the o.~7 -acres of upland preserve • ath Architecture-Existing Site . 2/5/2015 4 2/5/2015 5 2/5/2015 South Elevation (RCA Boulevard) 6 Recommendation Staff recommends approval of Resolution 7, 2015 Thank You 2/5/20 15 7 2/5/2015 8 2/5/2015 '~···'"" .. ' '~-' ';;u ,_ < • /~ I ,;-.,. \: -~ \~ 1 2/5/2015 ~ 2 2/5/2015 3 2/5/2015 4 2/5/2015 5 2/5/2015 ~ 6 2/5/2015 7 2/5/2015 ~ HarborChase of Palm Beam~arae --:~$(;~ -. :.;.J:;;.t~ ... _ - -·- 01 ~-!'!"""" 8 " -it HarborChase ofcPalm -~· 2/5/2015 9 2/5/2015 .. 10 2/5/2015 11 2/5/2015 12 -HarborChase:ot 'l~alm . .,;f}r,£. 53,70551'. ~. ~~ AMENITIES & LEVEL OF CARE ~I N . ....... • ASSISteD lNOIG .IIU ...... SSMCES .OIHING .I<ITOeo .""""' o ... ..,...,CAA< .sr.,. .5>JPPORT ·--~-- 2/5/2015 13 ;;;: .. _.:::--· HarborChase of Palm Beacn ~-\--~~: AMENITIES & LEVEL OF CARE ....... ·-• ASSISTEDLNINO ·-SEJMCD .DINING .KJTa<EN .LOBBY o-"""" .STAFF .SIA'PORT ....., .. _ HARBORCHASE OF PAlM BEACH GARDENS !.£i1· ~ HarborChase of Palm Bea'cll ' ~ ~ ~ I • AMENITIES & LEVEL OF CARE lo4,.593SP. HARBORCHASE OF PAlM BEACH GARDENS Jl ' -·-·I o::.• .. -=: --:t.'= ·-- 2/5/2015 14 ~ATIW INI'IUII'LAH'TlltOS WU. .. UTII.kZaOTORD'\.ACIIIilCO'TIClll PRESERVE TRACT P-1 2/5/2015 15 2/5/2015 16 2/5/2015 17 2/5/2015 .. 18 2/5/2015 19 ,. 2/5/2015 1 2/5/2015 ~ 2 2/5/2015 3 .. 2/5/2015 ~ 4 2/5/2015 5 2/5/2015 ~ 6 I 2/5/2015 7 ---------------------~----- 2/5/2015 ' 8 2/5/2015 9 TO: DATE: --------- CITY OF PALM BEACH GARDENS MEMORANDUM Mayor & City Council Members FROM: February 3, 2015 ;{ ~ Natalie M. Crowley, AICP, Director of Planning _ & Zoninf p Ronald Ferris, City Managert/(n~ THROUGH: SUBJECT: Resolution 9, 2015 -Central Gardens PCD Assisted Living Facility CC: R. Max Lohman, Esq., City Attorney Patricia Snider, CMC, City Clerk The following agenda cover memorandum is being provided to you, which reflects changes to Resolution 9, 2015 regarding the Central Gardens Planned Community Development Site Plan application to construct a 140-Bed Assisted Living Facility . The changes are related to Condition of Approval Number 8 and have been shown in strike- through and underline format below. 8. The Applicant shall submit a permit for the construction of the southernmost right-hand turn lane to all applicable agencies within 45-days of this development order approval. Prior to the issuance of the Certificate of Occupancy for the Assisted Living Facility, the southernmost right-hand turn lane shall be constructed and complete. Prior to the issuance of the first vertical building permit, the southernmost right hand turn lane for the project must be under construction. All construction traffic shall use the southernmost PCD entrance and this turn lane. (Engineering) If you have any questions, please do not hesitate to contact me at 561-799-4234. Thank you . CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, engineers help to design, construct and maintain the infrastructure and facilities that contribute to a high quality of life for all resident of Palm Beach Gardens; and WHEREAS, Palm Beach Garden's future growth depends on engi neers executing innovative, creative, high-quality solutions to technical problems; and WHEREAS, the stated purposes of the Florida Engineering Society shall be to advance the public welfare and to promote the professional, social and economic interests of the engineering profession and to stimulate and develop professional concepts among all engineers through education and in practice; and WHEREAS, current members of the Florida Engineering Society and the Florida Institute of Consulting Engineers are making strides to interact with the engineering education sector to prepare future engineers to maintain our economic leadership and quality of life; WHEREAS, it is fitting that we recognize and honor the continui ng contributions of America's engineers by observing Engineers Week w i th the motto: "ENGINEERING NEW HORIZONS" NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of February 23-27, 2015 National Engineers Week. Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affvced this S" Day of February, in the year Two Thousand and Fifteen. ~------- Robert G. Premuroso, Mayor February 2, 2015 To: Members of the Palm Beach County Solid Waste Authority Board Hal R. Valeche, Palm Beach County Commissioner, District One Paulette Burdick, Palm Beach County Commissioner, District Two Shelley Vana, Palm Beach County Commissioner, District Three Steven l. Abrams, Palm Beach County Commissioner, District Four Mary Lou Berger, Vice Mayor, Palm Beach County Board of Commissioners, Palm Beach County Commissioner, District Five Melissa McKinlay, Palm Beach County Commissioner, District Six Priscilla Taylor, Mayor, Palm Beach County Board of Commissioners Palm Beach County Commissioner, District Seven On behalf of the member communities of the North County Neighborhood Coalition, which include: Ballenlsle, BayHill Estates, Caloosa, Carleton Oaks, Eastpointe, Evergrene, IBIS, Iron horse, Montecito, Mirasol, Mirabella, Old Marsh, Old Palm, PGA National, Steeplechase and the Isles, the overwhelming view of these resident leaders is to oppose the Importation of Trash from outside Palm Beach County to our Solid Waste Authority facilities. The original justification for importing the trash was to test the new facility coming online in of May 2015. In several meetings with SWA staff, this justification no longer exists. Testing can be satisfied with the existing trash and trash from projected population growth from within Palm Beach County. The potential health hazard from importing expired pharmaceuticals from out of state remains highly objectionable. The idea has seriously shaken resident confidence in our County leadership if this were to occur. Additionally, the economic justification is insignificant and no longer generates the savings for Palm Beach County residents that was once expected. (less than $3.00 per year per rate payer). We do not believe it is in the best interest of Palm Beach Co unty resi den ts to incur a blemish on our "Brand" as one of the best places in our country to live, work and raise a family. This attempt to import trash does not bring any benefit to current or future residents. There is enough capacity for the potential exporting counties to handle their own trash. Most recently, discussions have been held with the County and City of West Pa lm Beach officials on locatin g a Major League Baseball stadium and recreational fields (soccer) along 45th street ..... this also does not bode well for our county image to have trash trucks travelling along 45th street, alongside side our stadium or par ks an d recr eational fields .. , We en courage you to vote "NO" at the Solid Waste Authority Board meeting on importing trash into Palm Beach County. Thank you. Sal Faso, President North County Neighborhood Coalition.