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Agenda Council Agenda 120612
CITY OF PALM BEACH GARDENS REVISED COUNCIL AGENDA As of December 6, 2012 @ 3:00 P.M. 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. FISCAL YEAR 2012 INVESTMENT UPDATE - PFM ASSET MANAGEMENT. 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. (Page 5) APPROVE MINUTES FROM NOVEMBER 1, 2012 CITY COUNCIL MEETING. b. (Staff Report on Page 10, Resolution on Page 12) RESOLUTION 62, 2012 - TREVI AT THE GARDENS PLANNED UNIT DEVELOPMENT (PUD) PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE TREVI AT THE GARDENS PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Page 20, Resolution on Page 22) RESOLUTION 64, 2012 – SURPLUS AUCTION ITEMS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY AS SURPLUS PROPERTY AND AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Mayor Vice Mayor Premuroso Council Member Tinsley Council Member Russo Council Member Jablin d. (Staff Report on Page 26, Resolution on Page 28) RESOLUTION 103, 2012 - RIGHT OF WAY TRANSFER FROM THE CITY TO FDOT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A ROADWAY RIGHT-OF-WAY TRANSFER AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR ONE (1) PARCEL OF LAND; AUTHORIZING THE VICE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES e. (Staff Report on Page 35, Resolution on Page 37) RESOLUTION 104, 2012 – TOBACCO-FREE KIDS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA URGING LOCAL RETAILERS SELLING TOBACCO PRODUCTS TO REFRAIN FROM SELLING AND MARKETING FLAVORED TOBACCO PRODUCTS, WHICH TEND TO PROMOTE AND INFLUENCE UNDERAGE AND/OR YOUTHFUL CONSUMPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. (Staff Report on Page 40, Ordinance on Page 143) ORDINANCE 27, 2012 – (1st READING) UPDATE THE CAPITAL IMPROVEMENTS ELEMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. *(Staff Report on Page 160, Ordinance on Page 195, Resolution on Page 199) ORDINANCE 28, 2012 – (2ND READING AND ADOPTION) REZONE THE EXISTING MCDONALD’S PROPERTY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.01 ACRES IN SIZE, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND SUNRISE DRIVE, WITH A STREET ADDRESS OF 3805 NORTHLAKE BOULEVARD, TO BE KNOWN AS THE MCDONALD’S PUD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 98, 2012 IS A COMPANION ITEM TO ORDINANCE 28, 2012 AND WILL REQUIRE COUNCIL ACTION. *RESOLUTION 98, 2012 - REZONE THE EXISTING MCDONALD’S PROPERTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MCDONALD’S PLANNED UNIT DEVELOPMENT (PUD) WITH SITE PLAN AND MAJOR CONDITIONAL USE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Page 248, Ordinance on Page 258) ORDINANCE 30, 2012 – (1st READING) COMPREHENSIVE PLAN TEXT AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPTA-12-10-000023, WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND HOUSING ELEMENT, TO PROVIDE MINOR UPDATES TO CERTAIN TABULAR DATA, NOMENCLATURE, AND OTHER AMENDMENTS WHICH REVISE, CLARIFY, AND PROVIDE FOR INTERNAL CONSISTENCY; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 270, Resolution on Page 274) RESOLUTION 101, 2012 - LEASE BUY BACK OF TWO RESCUE UNITS FROM TEN-8 FIRE EQUIPMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE LEASE PURCHASE/TURN-IN OF TWO (2) RESCUE UNITS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SAID LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 353, Resolution on Page 356) RESOLUTION 102, 2012 - LEASE BUY BACK OF ONE FIRE ENGINE FROM PIERCE MANUFACTURING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE LEASE PURCHASE OF ONE (1) 2012 PIERCE IMPEL PUMPER 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 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. UPDATE APPOINTMENTS TO EXTERNAL BOARDS/COMMITTEES. 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. 1 CITYOFPALMBEACHGARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 November 1, 2012 5 6 The regular meeting was called to order at 7:02p.m. by Mayor Levy. 7 I. PLEDGE OF ALLEGIANCE 8 ll. ROLL CALL 9 PRESENT: Mayor Levy, Vice Mayor Premuroso, Council Member Tinsley, Council Member 10 Russo, Council Member Jab lin. 11 ABSENT: None. 12 Ill. ADDITIONS, DELETIONS, MODIFICATIONS 13 UNDER CONSENT 14 ADDITIONS 15 k. Proclamation for Pancreatic Cancer Awareness Month. 16 L Resolution 97,2012 Easement Agreement for the Mandel Jewish Community Center (JCC). 17 Council Member Jablin made a motion to accept the additions. 18 Council Member Tinsley seconded. 19 Motion passed 5-0. 20 Council Member Russo requested reordering the agenda to move Resolution 92,2012 from the 21 Consent Agenda to be prior to Announcements and Presentations and for the Clerk to read the 22 Resolution in its entirety into the record. 23 Council Member Jablin made a motion to reorder the agenda. 24 Council Member Tinsley seconded. 25 Motion passed 5·0. 26 The Clerk read Resolution 92, 2012 by title and in its entirety. 27 c. RESOLUTION 92, 2012-DEDICATION OF THE KAREN T. MARCUS/SANDHILL 28 CRANE PARK. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 29 BEACH GARDENS, FLORIDA RECOGNIZING AND COMMENDING THE HONORABLE 30 KAREN T. MARCUS FOR HER SERVICE TO THE CITIZENS OF PALM BEACH 31 COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 32 Council Member Jablin made a motion to approve Resolution 92,2012. 33 Council Member Tinsley seconded. 34 Motion passed 5·0. 35 IV. ANNOUNCEMENTS AND PRESENTATIONS 36 a. PRESENTATION TO COMMISSIONER KAREN T. MARCUS IN HONOR OF 28 YEARS 37 OF SERVICE AS DISTRICT I COUNTY COMMISSIONER. 38 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 39 Council Member Marcie Tinsley: attended the Chambers Women in Business Council; two 40 League of Cities Meetings; Candidate Forum debate; ribbon cutting for PNC Bank; announced 41 the upcoming Miami Children's Hospital Grand Opening; Veteran's Day on the Plaza November 42 11th at 4:00 p.m.; attended 2 League of Cities meetings, nominated and elected to the League of 43 Cities, serving on the alternate 7 seats; thanked Mayor David Leyy and wished him luck in the 44 upcoming election. 45 Council Member Joseph Russo: attended the Chamber Breakfast for all candidates; thanked 46 Mayor David Leyy for his years of dedicated service; discussed the Commission on Ethics Law 47 Suit. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-01-12 PAGE 1 1 Vice Mayor Robert Premuroso: thanked Mayor David Leyy for his service to the City; gave 2 kudos to the City Manager and staff for efforts to resolve City conflicting times surrounding 3 sporting events, and other events to accommodate all parties and parking issues. 4 Council Member Eric Jablin: congratulated Council Member Marcie Tinsley on being 5 elected as an alternate for the League of Cities; thanked staff for the electronic sign for the City; 6 thanked R. Max Lohman for the great job on the virtual Town Hall telephone Town Hall 7 meeting; attended the opening of the Mandell JCC; Green Market opened to records crowds; 8 announced the Friday Art Show in the lobby and concert on the Plaza; wished Mayor David 9 Levy luck in the upcoming election. 10 Mayor David Levy: attended the Jewish Community Center (JCC) Groundbreaking; Downtown 11 Dental ribbon cutting; Top Soccer Program; thanked Palm Beach Gardens Council, City 12 Manager and staff for their dedication. 13 VI. CITY MANAGER REPORT 14 Announced the Mayors Veterans Day Golf Tournament to be held on November 10, 2012, the 15 proceeds go to the Veterans Hospital; the 40th Terrace and Sunset Drive survey was mailed out 16 and will provide report by the first of the year; closed out the 2011-12 fiscal year and the 17 building permits increased by 507, and construction value exceeded by 20 million dollars which 18 is a good economic indicator; the City Telephone Town Hall Meeting; thanked Jamie Voss, 19 Eric Boldt and R. Max Lohman for their assistance with the meeting; last Green Market had 20 the largest crowd to date exceeding 7,000 people. 21 VII. COMMENTS FROM THE PUBLIC 22 Carolyn Chaplik, 715 Hudson Bay Dr., Palm Beach Gardens; Joan Elias, 1009 Diamond Head, 23 Palm Beach Gardens. 24 VIII. CONSENT AGENDA 25 a. APPROVE MINUTES FROM THE OCTOBER 11, 2012 CITY COUNCIL MEETING. 26 b. RESOLUTION 87, 2012-SELECT A DATE FOR THE JANUARY 2013 REGULAR CITY 27 COUNCIL MEETING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 28 BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF THE REGULAR CITY 29 COUNCIL MEETING FOR JANUARY 2013; PROVIDING AN EFFECTIVE DATE; AND 30 FOR OTHER PURPOSES. 31 d. RESOLUTION 95, 2012-PLAT EXEMPTION PETITION LOCATED WITHIN PALOMA. 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 33 FLORIDA APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR 34 LOTS 116 AND 117 LOCATED WITHIN THE PALOMA PLANNED UNIT 35 DEVELOPMENT (PUD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 36 PURPOSES. 37 e. RESOLUTION 96, 2012 -EASEMENT FOR THE TREVI PLANNED UNIT 38 DEVELOPMENT (PUD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 39 PALM BEACH GARDENS, FLORIDA APPROVING A RESIDENTIAL ENTRY SIGN AND 40 AN EASEMENT AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND 41 KENNEDY HOMES LLC, AS MORE PARTICULARLY DESCRIBED HEREIN; 42 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 43 f. RESOLUTION 99, 2012-BIG HEART BRIGADE. A RESOLUTION OF THE CITY 44 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING 45 ADDENDUM I TO THE AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE 46 OF FACILITIES AND IN-KIND SUPPORT SERVICES IN IMPLEMENTING THE 47 THANKSGIVING FEAST EVENT; PROVIDING AN EFFECTIVE DATE; AND FOR 48 OTHER PURPOSES. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-Ql-12 PAGE 2 1 g. PURCHASE AWARD FOR RESTROOM/CONCESSION BUILDING FOR LILAC PARK. 2 h. PROCLAMATION-WORLD AIDS DAY 2012. 3 i. PROCLAMATION-ELEVATOR ESCALATOR SAFETY AWARENESS WEEK. 4 j. PROCLAMATION-NATIONAL GIS DAY. 5 k. PROCLAMATION PANCREATIC CANCER AWARENESS MONTH. 6 L. RESOLUTION 97, 2012 EASEMENT AGREEMENT FOR THE MANDEL JEWISH 7 COMMUNITY CENTER(JCC). 8 Council Member Jablin made a motion for approval of the Consent Agenda. 9 Council Member Tinsley seconded. 10 Motion passed 5-0. 11 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 12 Those preparing to give testimony were sworn in. · 13 The City Clerk read Ordinance 28, 2012 by title. 14 a *ORDINANCE 28,2012-(FIRST READING) REZONE THE EXISTING MCDONALD'S 15 PROPERTY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 16 GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE 17 CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF 18 ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.01 ACRES IN SIZE, MORE OR 19 LESS, LOCATED ON THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND 20 SUNRISE DRIVE, WITH A STREET ADDRESS OF 3805 NORTHLAKE BOULEVARD, TO 21 BE KNOWN AS THE MCDONALD'S PUD; PROVIDING THAT THIS PARCEL OF REAL 22 PROPERTY WHICH IS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE 23 ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT 24 (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL 25 COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM 26 BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS 27 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 28 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 29 RESOLUTION 98, 2012 IS A COMPANION ITEM TO ORDINANCE 28, 2012 AND 30 WILL REQUIRE COUNCIL ACTION AT SECOND READING. 31 *RESOLUTION 98, 2012 -REZONE THE EXISTING MCDONALD'S PROPERTY. A 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 33 FLORIDA APPROVING THE MCDONALD'S PLANNED UNIT DEVELOPMENT (PUD) 34 WITH SITE PLAN AND MAJOR CONDITIONAL USE, AS MORE PARTICULARLY 35 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF 36 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 37 Mayor Leyy opened the Public Hearing. 38 Petitioner: Bnan Tern, Land Design South 39 Staff presentation: Senior Planner, Kathan DeWitt. 40 Public comment: None. 41 Mayor Levy closed the Public Hearing. 42 Council Member Jablin made a motion to approve Ordinance 28, 2012 on first reading. 43 Council Member seconded. 44 Motion passed 5-0. 45 X. RESOLUTIONS 46 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 47 a. RACE TO THE TOP PROGRAM 48 Council Member Jablin discussed the need for more parking at the Municipal Complex. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-01-12 PAGE 3 1 Council Member Tinsley agreed regarding the need for more parking; thanked everyone for 2 their efforts with the Telephone Town Hall Meeting. 3 XII. CITY ATTORNEY REPORT 4 None. 5 (!'he remainder of this page intentionally left blank) 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 XIII. ADJOURNMENT 32 Mayor Leyy made a motion to adjourn. 33 Councilmember Jablin seconded. 34 Motion passed 5-0. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-01-12 PAGE 4 1 The meeting adjourned at 8:43 p.m. 2 The next regularly scheduled City Council meeting will be held December 6, 2012. 3 APPROVED: 4 5 6 7 Robert G. Premuroso, Vice Mayor 8 9 10 11 Marcie Tinsley, Councilmember 12 13 14 15 Joseph R. Russo, Councilmember 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 31 32 Patricia Snider, CMC 33 City Clerk 34 35 36 Eric Jablin, Councilmember 37 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 3 8 meeting. A verbatim audio record is available from the Office of the City Clerk. 39 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 11-01-12 PAGE 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 6, 2012 Resolution 62, 2012 Subject/Agenda Item: PLAT-11-05-000033: Approving the Trevi at the Gardens Planned Unit Development (PUD) Plat [ X 1 Recommendation to APPROVE [ 1 Recommendation to DENY Reviewed by: Director Planning & Originating Dept.: Planning & Zoning: Project Manager Ri&drrero Principal Planner Finance: Accountant Ytl/ Sarah Varga Fees Paid: Yes / ~ Funding Source: E~i~-~ geg ~~ ] Quasi-Judicial Tod'dEfi91e. ~ ] Legislative [ ] Operating Ci Approved By: ] Public Hearing [X] Other N/A Advertised: [ ] Required [X] Not Required Date: N/A Paper: N/A Affected parties: [ ] Notified [X] Not Required Budget Acct.#: N/A Contract/Agreement: Effective Date: N/A Expiration Date: N/A Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: __ Attachments: • Development Application • Resolution 62, 2012 with Exhibits Meeting Date: December 6, 2012 Resolution 62, 2012 Page 2 of 2 BACKGROUND: On June 7, 2012, the City Council adopted Resolution 27, 2012, which approved the site plan for a 75-unit town home community to be known as Trevi at the Gardens Planned Unit Development (PUD) located on approximately 1 0.4-acres. Trevi at the Gardens PUD is located at the southwest corner of Hood Road and Interstate 95. SUBJECT REQUEST: The subject request is to receive approval of the plat of Trevi at the Gardens PUD. The proposed plat is consistent with the approved site plan for the project. TECHNICAL COMPLIANCE APPROVAL: On September 25, 2012, the City issued Technical Compliance Approval (TCA) for the plat of the project pursuant to City Code Section 78-446(g)2d. STAFF RECOMMENDATION: Staff recommends APPROVAL of Resolution 62, 2012 as presented. 1 2 3 RESOLUTION 62, 2012 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA APPROVING THE TREVI AT THE 8 GARDENS PLANNED UNIT DEVELOPMENT (PUD) PLAT; 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, the City staff has reviewed the Trevi at the Gardens Planned Unit 13 Development (PUD) plat; and 14 15 WHEREAS, City staff has determined that the proposed plat meets all the 16 technical requirements of the City's Land Development Regulations (LDRs) and 17 Chapter 177, Florida Statutes, and recommends approval of the plat; and 18 1 9 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; 20 and 21 22 WHEREAS, the City Council deems approval of this Resolution to be in the best 23 interests of the health, safety, and welfare of the residents and citizens of the City of 24 Palm Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. The Mayor and City Clerk are hereby directed and authorized to 33 execute the Mylar of the Trevi at the Gardens Planned Unit Development (PUD) plat 34 consisting of five (5) sheets, prepared by Michael B. Schorah and Associates Inc., 35 attached hereto as Exhibit "A." 36 37 SECTION 3. This Resolution shall become effective immediately upon adoption. 38 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 62, 2012 PASSED AND ADOPTED this __ day of_~------' 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: --~-----~------------Robert G. Premuroso, Vice 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 VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 62 2012-Trevi Plat.docx Page 2 of2 Resolution 62, 2012 EXHIBIT "A" MAVE CAUSED Tl'!E SAME TQ En: 5\.ffl'VE'I'eD AN:J f'U. TTED .O.S SHO'r'IM ....,.)let!H .o.H0 00 ffi:!!EBY OF:OICII TEAS I'QI.lONS' TREVI AT THE GARDENS LYING IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY. FLORIDA. SHEET 1 OF 5 APRIL, 2012 rq.o.cr "$', AS~ HS'tOON, IS KEREBV ~vt£0 ~ THe TRE\11 AT THE G<\Roet$ f'IOME!C',.41fR$ ii$$0C1Afl010, INC~ .0. FLORID-' t;:Oit:lt)IV•TION NOT.fD"'-PRQFIT, lfS SUCCESSORS #10 ~S, AS A PRIV,O,TE RO~t 11<~ FOR INGRESS, EGRES.'J, I'NM~. £IDWf GillE, OIVJN.O.OE. Vllll"'lES. INCl,LIOINQ CAS!.£ TE1.E'4'1SIO)f' SYSTEMS. ~ ANO Oi'1Eit PS.ATEO PlJqposes. NfO tS M ~.o.t MAJt.rTEW..NCE RESPOUSII'!Ur¥ OF SAIO ASSI:!CV.TID'4. ITS SUCCESSORS MIO ASSIGNS, WTHOUT Rf:I:JOU;<SE TO THE 01'1 OF PALM flE.AC:H GARDENS HI!> NOiffHE:RN PAL'>! tlE.ACH COUtm' 11111'!!'0\IEMENT OOTruCT. TI-ft: ~AST tmUTY AUT<;OII(IV EA~W::t<ITS AS SHO\'.t< WG<EON, ARE Hlmi;IW ~1:4CATGil 10 SEAC0,tST lJriUTY .O.l!fl10ffrtv', ITS SUCCESSORS Mi(; ASSIGNS, I'Ofl INS'I'AI.l.ATlON Of'ER.O.TX)>., ,t.NO M.o.IN"TIINII~CE OF WATER~~ FiiClUliES, SAID V.Nitl$ ENCIMSEREO 13" SAID GA$1lMI!NTS I!S!tiO THE PBlf'ETO!lil. MI\INl!INII.NC!! ¢P;I..GATION OF TI<E (Mt.!Eit OR O'M'IER$ OF "HE FEE SIMPlE !>.TER~ lt.l $I.JC LANDS, tHSI'l:&.I(;CESSOI'I:SA'IO.O.SSIGNS. KENN~>t;ME$.UC A qoqjo,t, UMITEO Ll"!:I!Ut'f CO>!I!I:'l.v# ACKNO'M.EDOMENT TREVJ Al THE GARDENS HOM£0WNERS ASSOC:IATJON.I~J. M;ct;PTANCE 01' Rt:SERVATlON$ TI<ETREVlATTI<!;~...OMEO\M'lliiR$A$S(;'(;fATION,INC. AI'\.OI'OOArot<~!I;TION~T..FOf<..t>lroi'IT Pmt/TEO)(AIIE; ___ _ ~NAME: ___ _ IMT'JESSM"''mNDiiM:>OFFICIALSE.'Il Tf.IIS_t>AYO" ___ ,.,, 1M COMMISSIOHEXOIRES. --- STATE OF FLORIO" COl!NTV OF PALM BBC!-1 HQ~THEill!f PAlM e€ACHCOJJW"!I~ OI$1"~1CT I..NtNO.l ATTEST:O"w""'-""'""''""";;-,.._-.;-- .O.SSISTI\NT SECR>l'lAAt OOAAOOF~ e!TYOF PA!.M ~r;AROEN$ 00U'"<'TV0F PALM SEACH. Ft0R10.4 'ti<JSPI..ATISkfJI<ES"f.AWROVEDFORH!:COROT>M __ OA,O<' ___ l011, lH!S Pl.J\.T IS HEREBY "PPROVEOFOR REOOROTHlS __ O.V "'---?:lH. TITLE CEATIF!CAT!RN sr.o.re:oP-nOP!OA COUNTY" PAI.M OOM:H SURVEYOR'S NOT'ES 1. SV1ti1~ $11'MCK UNES SHALL BE A-$ REO(!<'Ral sY Of'<OINANCE$ 011 TI<I; CITY OF f'JolMO£.ia;OAROSN3, :, NO SIJI!,~NO Oft ANY Jo:lND OF CONSTRVCT!ON Qll ffil£9 OR S>oWJS.<;-S1-W! BE IOLAClEO ON Nfi EASEMENT v.ITHO\.IT THE PmOR V>Q!fl!JN ~YI<t. OF ALL F.ASEIAENf ~Afi!ES .o.NO All A1'1'1JCAI!lE em' AI'I"RQVAI. PCIUIIlS AS REOORED FOR SIJCl< ENCOOAOIMENT. C," CHORO l EI.J(lTH 3 FOUNOPALMEIEAC"' COUmY DISK lN CO'IC!lETE ~ SETP.C.P,NJ.llANOAL:..<MINIJM~Sk, STM'F'EDP.CP.UI~ • Sf:TP.RM. 11'2'"11«.'mROOIMIM;io;tuWNUM DISK, STAMPEOP".R:.M. La 1.tJ6 P.R.MFOI.lt>"D{ASNOTED} I.R:. ~ROO + STo'TEOFFLORICA COU:>'IYOFPA\.Mee:AC>< SURVEYOR'S CER11ACAJE Tm:V1 ATTI-<EGAQ06NS HOMEI:I'.'INERS,\SSClCil.nOt.I.-IMC. 0 TREVI AT THE GARDENS MATCH LINE (SEE SHEET 3) TREVI AT THE GARDENS LYING IN SECTION 35, TOWNSHIP41 SOUTH. RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. SHEET 2 OF 5 APRIL, 2012 \ \ \ \ \ HOOD ROAD ~\---~~-- (M'HOQOROAORI(ltrl-of.WAVPi:ROEEOIIOOK 11:ID.V.'IGE2!Hl \ --~--,.,,,.--- \ __ __i __ _ \ \ \ ~I ~. i' I I I , !_ __ \_ __ _ MATCH LINE (SEE SHEET 3) r--- ; -----~ ~Ot.dt90CI(, ClSfKAJ.«)COMPJROUER MATCH LINE (SEE SHEET 2) 30.011 3050' S88W5rE38900' TRACT "0-2'' TREVI AT THE GARDENS LYING IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. SHEET 3 OF 5 APRIL, 2012 \ \ \ \ \ \ COUNTV OF PAW EIE!<CH ) I I THIS PlAT WAS ALEOFOR RECORD AT ___ M.THIS __ <><"'' ____ 2012./\NODULY RECOROEDINPLATEIOQI(NO. __ ONPAGE __ nmu SHARONR.OClCI(, CLERI< At.C COIJPTROLLER A 0 ~~APH~ SCALE eo t:::::li-MiL22!!2!d ,~'!~~i •. SHEET 3 OF 5 MICHAEL B. SCHORAH & ASSOCIATES, INC. ~~:~:c~~~~~~'i,~%R~~~1ilo<~ TEL.(M1)!!68-0il!!O FAX,(5G1)M2-!172!1 TREVI AT THE GARDENS MATCH LINE (SEE SHEET 5) rT- 1 I I I I I I I I I I I L TREVI AT THE GARDENS LYING IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. SHEET 4 OF 5 APRIL, 2012 PLAT NO, 3WESTWOOD GARDENS ii"'.ATSOO!\fai'AGESJ! .. !71>) MATCH LINE (SEE SHEET 5) SHAAOH A. aoc.:, ClE~KAA'OCOMPrflOUffi A TREVI AT THE GARDENS TAACT•D" PlA i NO. 3 WESTWOOD GARDENS JPiATB00;<;44,1>Ml£$174>H'$) --- TREVI AT THE GARDENS LYING IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GAROENS, PALM BEACH COUNTY, FLORIDA. SHEET 5 OF 5 APRIL, 2012 ------------ HOOD ROAD tl!IT HOOOROAO RO!'t.f>r·WAY PER DEED IICQK 1 139. ?AGE 281) --:oo'~RF.O-O:r. -~- F.O.O.T.RIQ;HT..()I>.WA.Y PARe~~~~ OR!l•29G.P!!GE1151 ---------m~.- (TRACT'S') MATCH LINE (SEE SHEET 4) MATCH LINE (SEE SHEET 4) I -I I ~Of PAW BEACH ) ) ) A SHEET5 OF 5 TREVI AT THE GARDENS CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 6, 2012 Resolution 64, 2012 Subject/Agenda Item: Declaration of Personal Property as Surplus Property to be Sold by Public Auction. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: City Attorney Submitted by: Department Director Jfi!!li1L2 ~ J. E. Doughney, Ill Deputy City Manager r-------------~ Approved by: City Manager Originating Dept.: Community Services }jl:ll~ i<JIIke Morrow Operations Director Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required Costs: 0.00 (Total} $0.00 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: N/A Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Resolution 64, 2012 -Exhibit "A" Declaration of Surplus Assets List Meeting Date: December 6, 2012 Resolution 64, 2012 Page 2 of2 BACKGROUND: The City wishes to declare items of personal property that are obsolete or serve no useful function as surplus property, and authorize their sale at public auction. In lieu of a one-time-per-year auction, the City is establishing a piggyback agreement with GovDeals.com for a trial period of one (1) year to conduct 24-hour online public auctions that will be available worldwide. This will allow for increased revenues via faster sales cycles and will also help limit depreciation on certain surplus items. In addition, the items will not need to be stored as long, which will allow for added space in City buildings and help minimize the risk of theft or vandalism of surplus items. GovDeals.com provides no-cost marketing, training, and help-desk technical support to all customers. Currently, 4,000 governmental agencies use the services of GovDeals.com, with 170 throughout Florida. GovDeals.com will provide a monthly full audit report of all sales transactions to the City's Finance Department with the proceeds of the sales. It is anticipated that the online auctions with GovDeals.com will begin in December 2012. All costs associated with the online auction will be borne by the winning bidder. STAFF RECOMMENDATION: Staff recommends approval of Resolution 64, 2012 as presented. 1 2 3 RESOLUTION 64, 2012 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA DECLARING CERTAIN ITEMS OF 8 PERSONAL PROPERTY AS SURPLUS PROPERTY AND 9 AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN 10 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, the City desires to declare certain items of personal property that 14 are obsolete and/or serve no useful function as surplus property and authorizes their 15 sale at a public auction; and 16 17 WHEREAS, the City Council deems approval of this Resolution to be in the best 18 interests of the health, safety, and welfare of the residents and citizens of the City of 19 Palm Beach Gardens and the public at large. 20 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF PALM BEACH GARDENS, FLORIDA that: 24 25 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 26 27 SECTION 2. The City Council of the City of Palm Beach Gardens hereby 28 declares those items listed in Exhibit "A", attached hereto and incorporated herein, to be 29 surplus property, and authorizes the sale of such items at public auction. 30 31 SECTION 3. The City Manager is hereby authorized to execute any title 32 certificates or other documentation necessary to effectuate a transfer of title. 33 34 SECTION 4. This Resolution shall become effective immediately upon adoption. 35 36 37 38 39 (The remainder of this page intentionally left blank) 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 64, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ---~~~~-----------Robert G. Premuroso, Vice 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 VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 64 2012 -surplus items for auction.doc Page 2 of 2 ---------------------------------------------- Resolution 64, 2012 EXHIBIT "A" 2012 Declaration of Surplus Assets List Asset Tag Serial Number Model Method of Historical Reason for Disposal Number Number Disposal Costs 9918 345 2FAFP71VV1XX211047 1999 CROVVN VIC AUCTION $19,870.00 Unserviceable due to normal wear 4598 453 2FAFP71VV84X102430 2004 CVPI AUCTION $19,870.00 Unserviceable due to normal wear 2011 693 2FAFP71VV8YX165539 2000 CROVVN VIC AUCTION $19,870.00 Unserviceable due to normal wear 1771 151 1GCCCS19VV528241870 2002 CHEVY S-10 AUCTION $12,555.00 Unserviceable due to normal wear 1899 318 2FAFP71VV01X203061 2001 CVPI AUCTION $19,870.00 Unserviceable due to normal wear 1798 2483 1FAFP52U92A253453 2002 FORD TAURUS AUCTION $22,379.00 Unserviceable due to normal wear 1788 426 2FAFP71VV93X131781 2004 CVPI AUCTION $22,379.00 Unserviceable due to normal wear 1352 439 2FAFP71VV14X102429 2004 CVPI AUCTION $20,888.00 Unserviceable due to normal wear 1353 440 2FAHP71VV24X102424 2004 CVPI AUCTION $20,888.00 Unserviceable due to normal wear 1365 452 2FAHP71VV44X102425 2004 CVPI AUCTION $20,888.00 Unserviceable due to normal wear 1815 456 2FAFP71VV03X215464 2004 CVPI AUCTION $20,888.00 Unserviceable due to normal wear 1816 457 2FAFP71VV23X215465 2004 CVPI AUCTION $20,888.00 Unserviceable due to normal wear 100204 462 2FAFP71VV84X150971 2004 CVPI AUCTION $19,870.00 Unserviceable due to normal wear 100233 466 2FAFP71VV24X150965 2004 CVPI AUCTION $19,870.00 Unserviceable due to normal wear 100234 467 2FAFP71VV04X150964 2004 CVPI AUCTION $19,870.00 Unserviceable due to normal wear 100239 471 2FAFP71VVX4X150972 2004 CVPI AUCTION $19,870.00 Unserviceable due to normal wear 100243 472 1FMZU63K84UB44417 2004 FORD EXPLORER AUCTION $22,275.00 Unserviceable due to normal wear 100136 475 1FAFP53U54A185119 2004 FORD TAURUS AUCTION $12,555.00 Unserviceable due to normal wear 100605 5302 2G1VVF52K059306769 2005 CHEVY IMPALA AUCTION $18,808.00 Unserviceable due to normal wear 1524 221 1GCGC24R5XR722239 1999 CHEVY 2500 P/U AUCTION $18,431.00 Unserviceable due to normal wear 1513 511 1GCEK14VV9VZ120239 1997 CHEVY 1500 4X4 P/U AUCTION $19,280.00 Unserviceable due to normal wear 100857 260000208 Taro Groundsmaster 3280D mower Auction $21,500.00 Obsolete, no further value 1837 TCM665X022853 John Deere Z Trak Mower Auction $6,700.00 Unserviceable due to normal wear and 1839 TCM665X0210222 John Deere Z Trak Mower Auction $6,700.00 Unserviceable due to normal wear and 1838 TCM665X020939 John Deere Z Trak Mower Auction $6,700.00 Obsolete, no further value 1447 6584 Cushman Groomsmaster Field Dragger Auction $8,000.00 Unserviceable due to normal wear and 100498 240000140 Taro 5 Gang Pull Behind Mower Auction $22,000.00 Unserviceable due to normal wear and 100860 260000162 Taro Versa Vac with Combo Deck Auction $32,000.00 Obsolete, no further value 101268 n/a Earth and Turf Spreader Auction $2,000.00 Obsolete, no further value 100982 SLN 179 Smithee Super liner Auction $11,800.00 Unserviceable due to normal wear and 1387 230000296 Taro Groundsmaster 228D Auction $12,500.00 Obsolete, no further value 1115 CM4022D132368 John Deere 1620 Mower Auction $7,275.00 Unserviceable due to normal wear and 9401 1FTJE34H7LHA41086 Ford E-350 Van AUCTION $2,500.00 Unserviceable due to normal wear 22695 1M9US11132D597299 MPH Industries Radar/Sign Trlr AUCTION $18,200.00 Obsolete, no further value CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 6, 2012 Resolution 103, 2012 Subject/Agenda Item: A request from the Florida Department of Transportation (FOOT) to transfer one (1) right-of- way parcel from the City of Palm Beach Gardens to the FOOT. The parcel is located at the northeast intersection of PGA Boulevard and Prosperity Farms Road . The transfer is necessary to the FOOT in order to finalize and close-out FOOT's PGA Boulevard Improvement project. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Approved By: Originating Dept.: Finance: Planning & Zoning: Accountant Project Man \er ~s Sarah Varga 1------------1 Fees Paid: N/A [ ] Quasi -Judicial [ ] Legislative Funding Source: 1----[X_] _P_u_b_lic_H_e_a_r_in_g_---1 [ 1 Operating Advertised: [X] Other N/A [ ] Required [ X] Not Required Budget Acct.#: N/A Contract/ Agreement: 1------------j At:fected parties: ] Notified [ X] Not Required Effective Date: N/A Exp iration Date: N/A Council Action: ] Approval ] Approved w/ Conditions ] Denial ] Continued to: __ Attachments: , • Resolution 1 03, 2012 EXECUTIVE SUMMARY Meeting Date: December 6, 2012 Resolution 103, 2012 Page 2 of2 The Florida Department of Transportation (FDOT) is requesting the City of Palm Beach Gardens approve the transfer of one (1) right-of-way parcel, which is located at the northeast corner of PGA Boulevard and Prosperity Farms Road adjacent to the Harbour Financial Center (see Diagram 1 for location). The right-of-way parcel was originally dedicated to the City to be used for the future right-of- way and intersection improvements at PGA Boulevard and Prosperity Farms Road . The City issued the FDOT a right-of-way permit to construct the intersection improvements as part of FOOT's PGA Boulevard Improvement project. The right-of-way was used to construct a sidewalk and curbing along the north portion of PGA Boulevard at the intersection of Prosperity Farms Road. The project has subsequently been completed. It was anticipated at the completion of the project that this right-of-way land would be transferred and donated to the FDOT as part of the project's completion and closing-out process. Diagram 1. Location Map STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 103, 2012 as presented. 1 2 RESOLUTION 103, 2012 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING A ROADWAY RIGHT- 7 OF-WAY TRANSFER AGREEMENT WITH THE FLORIDA 8 DEPARTMENT OF TRANSPORTATION (FOOT) FOR ONE (1) 9 PARCEL OF LAND; AUTHORIZING THE VICE MAYOR TO ' 10 EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; 11 AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, the Florida Department of Transportation (FOOT) has determined 15 that one (1) right-of-way parcel located within the City's corporate limits is required to be 16 transferred to the FOOT in order finalize FOOT's PGA Boulevard Improvement project; 17 and 18 19 WHEREAS, the FOOT has requested that the one (1) right-of-way parcel be 20 transferred and donated to the FOOT as depicted on Exhibit "A", which is attached 21 hereto and incorporated herein; and 22 23 WHEREAS, a Quit Claim Deed has been prepared and is attached hereto and 24 incorporated herein as Exhibit "B"; and 25 26 WHEREAS, the City Council deems approval of this Resolution to be in the best 27 interests 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 City Council approves the roadway right-of-way transfer for 37 one (1) right-of-way parcel as depicted on Exhibit "A", attached hereto, and authorizes 38 the Mayor or Vice Mayor to execute the Quit Claim Deed, attached hereto as Exhibit 39 "B". 40 41 SECTION 3. This Resolution shall become effective immediately upon adoption. 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 103, 2012 PASSED AND ADOPTED this __ day of--------' 2012 . CITY OF PALM BEACH GARDENS, FLORIDA BY: -----------------Robert G. Premuroso, Vice 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 VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G :\attomey_share\RESOLUTIONS\2012\Resolution 103 2012-PGA Boulevard ROW Transfer to FDOT.docx Page 2 of 2 Resolution 103, 2012 EXHIBIT "A" DESCRIPTION: (RIGHT OF WAY) SHEET 1 OF A PORTION OF lHE NORlHEAST ONE-QUARllER (NE 1/4) OF SECTION 5, TOWNSHIP 42 SOUlH, RANGE 43 EAST, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT lHE EAST QUARllER (1/4) CORNER OF SAID SECTION 5; lHENCE ALONG lHE SOUlH LINE OF NORlHEAST ONE-QUARllER (NE 1/4) OF SAID SECTION 5, NORlH 88"51'28" WEST 2119.29 FEET; lHENCE TOWARDS lHE RADIUS POINT OF lHE NEXT DESCRIBED CURVE NORlH 00"00'36" WEST 50.89 FEET TO lHE NORlHERLY RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD AND lHE POINT OF BEGINNING, SAID POINT BEING ON A 11405.16 FOOT RADIUS CURVE CONCAVE TO lHE NORlH; lHENCE WESllERLY ALONG SAID CURVE lHROUGH A CENTRAL ANGLE OF 01"07'01" AN ARC DISTANCE OF 222.36 FEET TO A POINT OF TANGENCY; lHENCE NORlH 88"53'34" WEST 102.17 FEET; lHENCE NORlH 43'54'31" WEST 35.35 FEET; lHENCE NORlH 01"04'58" EAST 11.99 FEET TO A POINT OF INllERSECTION WllH lHE NORlHERLY RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD AND lHE EASllERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD; lHENCE CONTINUE ALONG SAID NORlHERLY RIGHT-OF-WAY LINE lHE FOLLOWING FOUR (4) COURSES; (1) SOUlH 43'54'31" EAST 35.34 FEET; (2) SOUlH 88"53'34" EAST 102.18 FEET TO A POINT OF CURVATURE OF A 11393.16 FOOT RADIUS CURVE CONCAVE TO lHE NORlH; (3) lHENCE EASllERLY ALONG SAID CURVE lHROUGH A CENTRAL ANGLE OF 00"37'05" AN ARC DISTANCE OF 122.90 FEET TO A POINT OF NON-TANGENCY; (4) SOUlH 82"52'06" EAST 100.00 FEET TO lHE POINT OF BEGINNING. SAID LANDS SITUAllE, LYING, AND BEING IN lHE CITY OF PALM BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 3605 SQUARE FEET (0.083 ACRES) MORE OR LESS. >-~==~ >-W!:;~ ...JZQ:Dii: GRAPHIC SCALE 0 30 60 120 LI~LISLI11 -~--·1 Dli:....,W 0 w ...J o... "" ( IN FEET ) ~ ~ > f:3 ~ 1 INCH = 60 FEET ff /L5 ;}!I g: ~ N01.04'58'E 10' U.E. PER O.R.B. 2740, PG. 1306, P.B.C.R. ; 11 ·99' R=11393.16' R=11405.16' S43.S4'31' t.=00"37'os" t.=m·o7'01" u. ¥35.34' L=122.90' ) L=222.36' (:::: v ~'?'CO c NORTHERLy S82.52'06'E ii: S88•S3'34'E~ R/'IJ LINE.T rlOO.OO' ~ ~=(Ld_~·~-=--~--=-::_-'J:.GA ::;:,l-._!.:_0.:._8-A __ _ ~ ~ :3~5~'3t·wSa;;3.~4·w -L--------~rg;o~~ = '--3s.3S' 102.17' P ~ t:-~ o j PGA BOULEVARD (S R 786) O' U.E. PER O.R.B. g 0:: 0... ~ _ _ _ _ _ . . _ _ 2539, J:_G. _!_356, P.B.C.R. z 2119.29' ~ ~~~i~o~I~=4 ~:4 1"4 --'-Naa·51'2B' ~ AND BASELINE SURVEY PGA BLVD. ABBREVIATIONS: PER F.D.O.T. R/'IJ MAP 93001-2504 P.O.C. P.O.C. = POINT OF COMMENCEMENT E 114 CORNER P.O.B. = POINT OF BEGINNING SECTION R/W = RIGHT-OF-WAY 5-42-43 U.E. = UTILITY EASEMENT SURVEYOR'S NOTE: F.D.O.T. = FLORIDA DEPARTMENT OF TRANSPORTATION 1. BEARINGS SHOWN HEREON ARE BASED ON A P.B.C.R. = PALM BEACH COUNTY RECORDS BEARING OF NORTH 88"51'28" WEST ALONG THE R = RADIUS SOUTH LINE OF THE NORTHEAST ONE-QUARTER 1::. = DELTA ANGLE OF SECTION 5-42-43 PER F.D.O.T. L = CURVE LENGTH RIGHT-OF-WAY MAP 93001-2504. O.R.B. = OFFICIAL RECORDS BOOK PG. = PAGE 6/28/12 REVISED PER F.D.O.T. COMMENlS MR DATE REVISIONS [ DRA'JN BY• LP I CHECKED BY• MR ) SKETCH & DESCRIPTION CERTIFIED TOo LIBERTY MUTUAL SURETY MILLE~EGG South Florlda Office: 57 47 N. Andrews Way A. Lauderdale, Florida -33309-2364 954-436-7000 • Fax: 954-436-8664 www.mHierlegg.com THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY I HEREBY CERTIFY THAT THEkETCH MEETS TH MINIMUM TECHNICAL STANDARDS AS SET FORTH B THE FLORIDA BOARD OF PROFESSIONAL SURVEYO AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES, DATED THIS 27th DAY DFFEBRIJARY 20).2 A. MMTIN P, RDSSI PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION NiB57 lilT VALID IJITIDJT Tl£ SIGNATURE AND Tl£ IJ!f~ RAISED SEAL IJ" A FURIDA LICENSED SURVEYIJ! AND -HAfi CERTIFICATE IJ" AlJTHRIZAT!ONo LB6&110 PROJECT 1111 riLE foil 09-00117 Resolution 103, 2012 EXHIBIT "8" This instrument prepared under the direction of: Laurice C. Mayes, Esq. Sketch & Legal description Prepared by: Miller Legg (02-27-12) Document prepared by: Grace K . Abel (08 -01 -12) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District : S .R . No. County: QUIT-CLAIM DEED N/A N/A 93001-2504 04 786 Palm Beach THIS QUIT CLAIM DEED, made this 6th day of December, 2012, by the CITY OF PALM BEACH GARDENS, a municipal corporation existing under the laws of the State of Florida, whose address is : 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release, quit-claim and convey unto the grantee, its successors and assigns, all right, title, interest, claim and demand which the grantor has in and to the following described land, situate in Palm Beach County, Florida, viz : Property more particularly described in Exhibit "A", attached hereto and made a part hereof. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever . IN WITNESS WHEREOF, the said be duly executed in its name by hereto affixed, attested by its written. ATTEST: --------------------~------ By: --------------------------------PATRICIA SNIDER, CMC City Clerk Signed, sealed and delivered in the presence of: (Two witnesses or Corporate Seal required by Florida Law) By: ______________________________ _ Print Name: ------------------------ By: ______________________________ _ Print Name: ------------------------ STATE OF FLORIDA COUNTY OF PALM BEACH grantor has caused these presents to it s Vice-Mayor , and its seal to be City Clerk, the date first above CITY OF PALM BEACH GARDENS ROBERT G. PREMUROSO , Vice-Mayor (Seal) The foregoing instrument was acknowledged and executed before me this 6th day of December , 2012 , by ROBERT G . PREMUROSO, Vice-Mayor, who is personally known to me. Print Name : ~~----~~--------------Notary Public in and for the County and State last aforesaid . My Commission Expires: ____________ __ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 6, 2012 Resolution 104, 2012 Subject/Agenda Item: Tobacco-Free Kids-in support of Palm Beach County Health Department's efforts to urge local tobacco retailers to refrain from marketing and selling flavored tobacco products. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs:$ __ 0 Council Action: City Clerk (Total) 4Jd( ] Approved $ Patricia Snider, CMC, Current FY ] Approved w/ City Clerk Conditions ] Denied Advertised: NA Funding Source: ] Continued to: Date: [ ) Operating Attachments: Paper: [ ] Other • Resolution 104, 2012 [ x ] Not Required ---------------------------- Submitted by: Contract/Agreement: Department Director Effective Date: e~ Patricia Snider, CMC, Expiration Date: City Clerk Affected parties Budget Acct.#: Approved by: ] Notified Meeting Date: December 6, 2012 Resolution 104, 2012 Page 2 of2 BACKGROUND: Palm Beach County Health Department's Tobacco Prevention and Control Program has two (2) major components to its program, which are the Tobacco- Free Partnership of Palm Beach County and Students Working Against Tobacco (SWAT), a youth advocacy program dedicated to raising awareness about the marketing tactics used by the tobacco industry to gain youth smokers. In recent months, the Matlock Preparatory Academy in West Palm Beach and members of the Partnership have been working to increase awareness of the harm caused by the marketing and selling of flavored tobacco products. Many people do not realize that tobacco products come in many flavors, including "candy" flavors such as grape, strawberry, chocolate, and caramel. These flavored tobacco products tend to promote and influence underage consumption. This measure is to reduce youth exposure to tobacco products that are developed specifically to target underage youth, but will not require removal of any products from retailers. Several other Palm Beach County municipalities, including West Palm Beach, Jupiter, South Bay, Pahokee, Palm Springs, and Riviera Beach have supported this effort and passed resolutions. STAFF RECOMMENDATION: Staff recommends approval of Resolution 104, 2012 as presented. 1 RESOLUTION 104, 2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA URGING LOCAL RETAILERS 6 SELLING TOBACCO PRODUCTS TO REFRAIN FROM SELLING 7 AND MARKETING FLAVORED TOBACCO PRODUCTS, WHICH 8 TEND TO PROMOTE AND INFLUENCE UNDERAGE AND/OR 9 YOUTHFUL CONSUMPTION; PROVIDING AN EFFECTIVE DATE; 10 AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, tobacco use is the leading cause of preventable death in both the 14 United States and in the State of Florida, and nearly 90 percent of tobacco users 15 initiated use before they were 18 years old; and 16 17 WHEREAS, each day in the United States more than 4,000 youth try smoking for 18 the first time, and another 2,000 become regular daily smokers; and 19 20 WHEREAS, the Campaign For Tobacco-Free Kids estimates that 28.7 million 21 packs of cigarettes are purchased or consumed by minors in Florida annually; and 22 23 WHEREAS, tobacco industry advertising and promotional activities directly 24 account for approximately one-third of adolescent experimentation with smoking; and 25 26 WHEREAS, the 1998 Tobacco Master Settlement Agreement (MSA) strictly 27 forbids cigarette manufacturers from directly or indirectly targeting youth in advertising, 28 marketing, and promoting tobacco products aimed at initiating, maintaining, or 29 increasing youth smoking; and 30 31 WHEREAS, internal tobacco industry documents strongly suggest that 32 manufacturers intentionally target youth through the use of candy-like and sweet flavors 33 in tobacco products and also show that tobacco companies think it is unfair that they 34 cannot directly market their products to youth; and 35 36 WHEREAS, a 2004 study by the Food and Drug Administration (FDA) found that 37 while only 6. 7% of adults ages 25 years and older reported smoking flavored tobacco 38 products, 22.8% of teens reported using them; and 39 40 WHEREAS, candy flavoring masks the initial harsh reactions that occur when 41 experimenting with tobacco products, and advertising and marketing campaigns 42 downplay the harmful effects of these products; and 43 44 WHEREAS, a study found that youth believe candy-flavored tobacco products 45 are "safer" and "taste better" than traditional tobacco products; and 46 Page 1 of 3 ----------------------------------- Resolution 104, 2012 1 WHEREAS, in surveys conducted by the Students Working Against Tobacco, 2 youth identified tobacco products flavored with grape, wine, cream, apple, cherry, and 3 numerous other flavors in various retailers throughout Palm Beach County; and 4 5 WHEREAS, some of these tobacco products, specifically flavored cigars, cigar 6 rolling papers, and hookah products, are also used as drug paraphernalia for smoking 7 marijuana; and 8 9 WHEREAS, in 2010, 7.5% of Palm Beach County middle school students and 10 20.5% of Palm Beach County high school students reported current tobacco use; and 11 12 WHEREAS, the City Council deems approval of this Resolution to be in the best 13 interests of the health, safety, and welfare of the residents and citizens of the City of 14 Palm Beach Gardens and the public at large. 15 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY· 18 OF PALM BEACH GARDENS, FLORIDA that: 19 20 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 21 22 SECTION 2. urges all local retailers who sell tobacco products where youth have 23 access to their store or products to cease the sale and marketing of all flavored tobacco 24 products, including, but not limited to, cigars, cigarillos, bidis, smokeless tobacco 25 products, hookah tobacco, and cigar/cigarette rolling papers, in order to reduce the 26 exposure and use of tobacco products in Palm Beach Gardens, Florida. 27 28 SECTION 3. This Resolution shall become effective immediately upon adoption. 29 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 47 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 104, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ------------------------------Robert G. Premuroso, Vice Mayor ATTEST: BY: -------------------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: -------------------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 104 2012-supporting tobacco free kids.docx Page 3 of 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 6, 2012 Ordinance 27, 2012 Subject/Agenda Item: Ordinance 27, 2012-Text Amendment to the Capital Improvements Element (CIE) Public Hearing and First Reading: A City-in itiated request for the adoption of amendments to the Capital Improvements Element (CIE) of the City of Palm Beach Gardens Comprehensive Plan to update the CIE to be consistent with the current City budget in accordance with Chapter 163.3177, Florida Statutes. [X] Recommendation to APPROVE [ ] Recommendation to DENY Revie ed by: Direct r of Planning & Zo Dev. Compliance and Zoning M"B.er Baar/dolfs, AICP Originating Dept: Planning & Zoning : Project Managers R;c@tJ_ Principal Planner .g: Tamashbeen Rahman, Planner [ ] Quasi -Judicial [X] Legislative [X] Public Hearing Advertised: [X] Required Date : 11 .21 .12 Paper: Palm Beach 1----:------:-::=---------l Post [X ] Not Required Funding Source: [ ] Operating [X] Other_,N,_A_,__ __ Budget Acct.#: NA Council Action: ] Approved ] Approved with Conditions [ ] Denied [ ] Continued to: __ Attachments: • Ordinance 18, 2012 • CIE Support Document • Resolution 1, 2010 • Resolution 1 02, 2009 • Ordinance 4 , 2001 • Ordinance 27, 2012 EXECUTIVE SUMMARY Meeting Date: December 6, 2012 Ordinance 27 , 2012 Page 2 of 7 The proposed petition is a City-initiated request to update the Capital Improvements Element (CIE) to the City's Comprehensive Plan. The Five-Year Schedule of Capital Improvements and Summary of Capital Improvements Program, Tables 9A and 98 of the CIE are required to be updated annually in accordance with Florida Statutes. The update is primarily housekeeping in nature and will provide for consistency with the City's budget and Comprehensive Plan. BACKGROUND The City is required by Chapter 163, Florida Statutes, to maintain an updated Capital Improvements Element. Furthermore, staff must include the Five-Year Schedule of Capital Improvements which is needed to implement the Comprehensive Plan and ensure that adopted Level of Service (LOS) standards are achieved or maintained. Staff is also required to analyze the general components of the schedule, which include fiscal responsibility and identification of proportionate fair share projects for transportation. SUMMARY OF PROPOSED CAPITAL IMPROVEMENTS ELEMENT AMENDMENTS Table 9A: This Table has been updated to be consistent with the current Capital Improvements Plan. T able 98: This T able has been updated to support Objective 9.1.4 concerning Palm Beach County School District Level of Service (LOS) and proposed school construction schedules. STAFF ANALYSIS Staff analyzed the following additional requirements of the annual CIE update and the consistency with the City's, County's , and State's Comprehensive Plans and the Strategic Regional Policy Plan. Fiscal Responsibility The City is required to provide the revenue sources that will be used to fund each project and supporting data must demonstrate that sufficient revenues are currently available or will be available from committed funding sources for projects included in the first three (3) years of the schedule. Staff has indicated the required data for funding sources as part of the schedule (Table 9A). Those projects funded by expected funding sources (such as ad valorem taxes) are identified as being funded by general funds or impact fees. Meeting Date: December 6, 2012 Ordinance 27, 2012 Page 3 of 7 Proportionate Fair Share The City has identified any project that utilizes a proportionate-share process with regard to transportation concurrency. The Scripps Florida Phase II / Briger Development of Regional Impact (DR I) Proportionate Share Agreement was approved April 1, 2010, through the adoption of Resolution 102, 2009 (please see attached). Please be advised that in accordance with Chapter 163.3180, Florida Statutes, a Proportionate Share Agreement has been adopted by the City Council along with the Scripps Florida Phase II I Briger Tract Development of Regional Impact (DRI). Table 1 below identifies the concurrency improvements that are slated to occur as each phase of development commences. Table 1 ................... ,... .... Net C... Tl ... by.._ l'riorlll:ad Alloca-or teSioan..__ Start of"'-AMPealr. PM-R ~INe ~ted ..._ Later c-"' Tolal .._ Tolal ._ Ttlal Mobillnr I .~w.-c .... I $350,77!1' Natc2 $439,903 1,204 1,369 2,036 2,174 Doaalci Roa Rd fruml-9$ ID lf<iPD Blvd $6,000,000' (widoa, .odd 3" SB left ODd 3" WB left at i-9S SB COUNTY z $4 ,112,614 1 Natc2 SS,z.4S,31S 1,993 2,397 2,761 3,019 ...... ~) 3 $7,476,4131 Note2 $9,375,!118 2,546 3,176 3,279 3,i71 Tumpib IDiad!aDae Jmpoov.-FI'E SI,SOO.ooo" (IDdjaaiDwD Rd or PGA 81) TcolleyiCin:ulal SJ*m 01Y S750,ooo" Hood Rd-hlbide Dr "' Ccatnl 81 COUNTY $1,500,000' (4 ._ wKioaiD&) Ccatnl BI/Haod Rd r--tioa ""'"o•-COUNTY $1,000.000' (Add ad. rialll ODd 2lld left to NIS ~) CcatniBWOA B!vd.__.,.""'"u-(Add~ SBioft ODd r" SB rtpl) COUNTY S2,SOO,OOO' 1ialle)'ICin:ul s,-01Y Slll.206' ~Rd/1-95~ PDOT SI,OOO,ooo" (~EBleftNmt-) 4 $5,697,338 1 Note2 $7,144,893 3,J77 5,361 4,310 s.sza ~s,-01Y sz,soo,ooo" c-uct Pill A Ride Lot (willlilllladJ -> FOOT SI,SOO,ooo" lalasecticm Jmpoo¥CDIOIIIS' COUNTY $3,144,193° -S17,'71'1,143 S4,4!11,t56 S21,2l6,l99 1.11#111tll ............... ..,.. .... ~ ........ -"' ...... ., ........ .._ ........ 2.B .. _ ......... ., ... _ol_illpoal .......... .... c:.a.r ............. -................... ~...-· .......... ..... 2.hlaa-c-,wii_ ... ~,.,.....,~ ....... .., ......... ., ... -................ 2.C: ~ ..... c-,,_.,.wlll .. .....,...,_c..y.....,..,reo..,-pr~ar•....,llllildilll)!lmlilioloolliadw-alS2.1lpor_..,. ... ...-~~,-......., • .c. ). '111eA&IIIII_al_...,._ ... _. __ .... ____ .... Oiuoty. . .. n-a....-c.._ ........ ., .. -.................. ._ .... 3 ... 4pnop .... .,.,...-... ___ ...... CIIIIJ. s . .._ • ....,_..,_ uo•o.-yiocllolc~--~Biwtlo).,......_Jtd/Miiloly,...l;c)Doaolol-116'5alll ,,...._Caot_ ............. ----.... ...-....... r..;..a ........... ......-. ........ .,--...... .......,_ .......... __ .. ___ .... _......., ......... ,. Summary of De Minimis Records Report Pursuant to Section 163.3180 (6), Florida Statutes, the City is required to submit a summary of de minimis records to the Department of Economic Opportunity (DEO) with the annual CIE update. The summary should include the definition and approva l process of developments having de minimis impact, existing conditions and deficient road links, de minimis trip activity on all applicable road links , and planned improvements included in the City's CIE that resolve any existing deficiencies. T he City's Code allows specific projects to be exempt from traffic concurrency under certain conditions. However, the current City regulations do not permit the exception of Meeting Date: December 6 , 2012 Ordinance 27, 2012 Page 4 of? concurrency based on de minimis impacts. None of the land development projects within the City over the last year were granted a traffic concurrency approval through an exemption based on a de minimis determination. Adoption of Projects by Reference Pursuant to Section 163.3177 (3)(a), Florida Statutes, Section 163.3180(13)(d)1 , Florida Statues, and Section 163.3177 (6)(c), Florida Statutes , the City is required to adopt specific FOOT I MPO, School District, and Water Management District (WMD) projects by reference if the City is relying on these projects to ensure concurrency . Additionally, staff must also include by reference the adopted Palm Beach County School Board Five-(5) Year Facilities Plan and attach the concurrency service area report of the County's Five-(5)Year Facilities Plan for schools serving Palm Beach Gardens. At this time, staff is unaware of any FOOT I MPO projects that are specific to meeting traffic concurrency. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The proposed CIE amendment is consistent with the Goals, Objectives , and Policies contained within the City's Comprehensive Plan. These changes described below provide for internal consistency between the amended CIE and the City's Comprehensive Plan. Transportation Element: OBJECTIVE 2.1 .1.: To maintain adopted Level of Service (LOS) standards on the City's traffic circulation system. Staff Comment: Table 9A of the CIE proposed amendment describes several roadway links to be constructed or signalized within the next five (5) years to maintain the City's LOS as growth occurs. Table 9A identifies the following developer-funded improvements slated to occur within the next five (5) years: 1. Grandiflora Road West of Central .Boulevard to Parkside Drive : The proposed improvements will be developer funded as required by Resolution 1, 2010 (please see attached). 2. Parkside Drive from Donald Ross Road to Grandiflora Road: The proposed improvements will be developer funded as required by Resolution 1, 2010 (please see attached). 3. Eastbound right-turn lane at the intersection of ALT A1A/RCA Boulevard: Developer funded as required by Ordinance 4, 2001 (please see attached). Recreation and Open Space Element: Meeting Date: December 6, 2012 Ordinance 27 , 2012 Page 5 of ? OBJECTIVE 7 .1.1.: Provide open space areas, and active and passive recreation facilities and areas for residents of Palm Beach Gardens in a timely manner so as to comply with the Level of Service (LOS) standards set forth by this element and to maintain such compliance in subsequent years. Staff Comment: The proposed amendment fulfills the objective to provide Recreation and Open Space by defining the year of the construction of certain infrastructure. Future Land Use Element: GOAL 1.3.: Continue to plan for future needs to promote livable communities, including , but not limited to, economic development for bioscience users, transit-oriented development, and other efforts to promote sustainable growth. Staff Comment: The proposed amendment fulfills the objective by promoting bioscience development and transit-oriented development planning principles by identifying improvements slated to occur within the five-(5) year planning period. Public Safety Element: OBJECTIVE 1 0.1.2.1: The City shall provide the following response times that have been established by Palm Beach Gardens' Fire Rescue according to a fractile standard established during its accreditation process: 1. The City shall provide an initial emergency fire and rescue response to all of the urban service area in nine (9) minutes thirty seconds or less. This response time includes all the process: 911 call, alarm at fire station, deploy, and travel time. 2. The rural service area shall have sixteen-(16) minute or less response time. OBJECTIVE 1 0.1.2.2: The City shall maintain an acceptable police service standard index not to exceed 1,000 calls per patrol officer per year to serve the urban area. A community orienting policing philosophy shall be utilized in the urban area. The City shall support a balance between response to incidents and proactive patrols. Staff Comment: The proposed amendment fulfills the objective to provide emergency fire rescue and police response by defining the year of the construction of certain infrastructure that facilitates those objectives. CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN The proposed CIE amendment is consistent with certain Goals and Objectives within the Palm Beach County Comprehensive Plan as demonstrated by the following listed examples from that Plan: Transportation Element Goal 1. A Level of Service Meeting Date : December 6, 2012 Ordinance 27, 2012 Page 6 of7 It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation system which moves people, goods, and services in a safe, efficient, convenient, and economical manner with minimal adverse impact to the environment. Staff Comment: The proposed CIE amendment is consistent with Palm Beach County's goal. The CIE defines the year of the construction of certain roadway segments which allow the City and County to meet LOS while having the development community pay its pro-rata share. Capital Improvement Element Goal 1. Uses of the Capital Improvement Program It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate the timing and to prioritize the delivery of public facilities and other capital projects; a program that supports the growth management Goal, Objectives , and Policies of the Palm Beach County Comprehensive Plan and encourages efficient utilization of its public facilities and financial resources. Staff Comment: The proposed C/E amendment will allow the City to coordinate with the County on the timing of facility, infrastructure, and service improvements. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed CIE amendment is consistent with the overall Treasure Coast Regional Planning Council's Strategic Regional Policy Plan as demonstrated by the following listed goals: Regional Goal 7.3 -Reduced vulnerability to disasters and increased public safety. Staff Comment: The proposed CIE also has identified a schedule for certain public safety improvements to improve the Police and Fire Departments. Regional Goal 5.1 -Lives and Property which are less susceptible to disasters. Staff Comment: The proposed CIE amendment includes scheduled debt payments for improvements to the City's drainage system that will reduce the number of high water and flooding incidents. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, FLORIDA STATUTES) The proposed land-use amendment is consistent with the overall intent of the State Comprehensive Plan. The following State Goals and Policies are specific examples of that consistency: Meeting Date: December 6, 2012 Ordinance 27, 2012 Page 7 of7 Public Facilities -Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Staff Comment: The CIE amendment is consistent with the State's public facilities goal because the City has developed and will implement a schedule of public facility and infrastructure needs which includes the anticipated financing sources. Transportation -Florida shall direct future transportation improvements to aid in the management of growth and shall have a State transportation system that integrates highway , air, mass transit, and other transportation modes. Staff Comment: The proposed CIE amendment has scheduled the construction of the extension of Grandiflora Road and Parkside Drive within the Briger Development of Regional Impact (DR/). NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS: On October 17 , 2012, the Palm Beach County Intergovernmental Plan Amendrl)ent Review Committee (IPARC) was notified of the proposed amendment. No objections have been received to date. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On November 13, 2012 the PZAB recommended approval of the subject petition to the City Council by a vote of 7-0. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 27 , 2012 as presented on first reading. 1 ORDINANCE 18,2012 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS 6 COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE 7 MANDAJ'ES SET FORTH IN SECTIONS 163.3177 AND 163.3187, ET 8 SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED 9 AMENDMENT WHICH PROVIDES THE ANNUAL UPDATE TO THE FIVE- 10 YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL 11 IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY 12 TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS 13 ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR 14 REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE 15 EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS 16 ELEMENT; PROVIDING TRANSMITTAL TO THE STATE LAND 17 PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A 18 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING 19 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 20 21 22 WHEREAS, the City Council adopted the City of Palm Beach Gardens 23 Comprehensive Development Plan on January 4, 1990; and 24 25 WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005, which 26 required an annual update of the Five-Year Schedule of Capital Improvements; and 27 28 WHEREAS, Policy 9.1 .1.1. of the City's Comprehensive Development Plan requires 29 all capital facility projects (renewal and replacement) needed to achieve and maintain the 30 adopted level of service and which are over $50,000 in estimated costs to be included in the 31 Five-Year Schedule of Capital Improvements; and 32 33 WHEREAS, the City Council has determined that it is necessary to repeal Table 9A 34 and Table 9B of the Capital Improvements Element and readopt same, as revised, in order to 35 update the Capital Improvements Element consistent with Policy 9.1.1. 1. and Ordinance 8, 36 2005; and 37 38 WHEREAS, on April 10, 2012, the Planning, Zoning, and Appeals Board, sitting as the 39 Local Planning Agency, recommended approval of this amendment to the Capital 40 Improvements Element of the Comprehensive Plan by a vote of 7 -0; and 41 42 WHEREAS, the City of Palm Beach Gardens has held all duly required public hearings 43 and has received public input and participation through public hearings before the Local 44 Planning Agency and the City Council in accordance with Section 163.3184, et seq., Florida 45 Statutes; and 46 47 48 Page 1 of3 Ordinance 18,2012 1 WHEREAS, the City Council finds that this amendment is consistent with the City's 2 Comprehensive Development Plan; and 3 4 WHEREAS, the City Council desires to adopt the amendment to the current 5 Comprehensive Development Plan to guide and control the future development of the City, 6 and to preserve, promote, and protect _ the public health, safety, and welfare. 7 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 13 14 SECTION 2. The Capital Improvements Element of the City's Comprehensive Plan is 15 hereby amended by repealing Tables 9A and 98 and readopting same as revised; providing that 16 Tables 9A and 98 shall hereinafter read as shown in Exhibits "An and "Bn, respectively, which 17 are attached hereto. 18 19 SECTION 3. The City's Director of Planning and Zoning is hereby directed to transmit 20 one (1) copy of the amendment to the current Comprehensive Development Plan to the State 21 Land Planning Agency within ten (10) working days of adoption, along with a copy of the 22 executed adopting ordinance, ordinance effective date, a copy of the public hearing notice, and 23 all other necessary documents in accordance with Section 163.3187, et seq., Florida Statutes. 24 A copy of the above shall also be sent to the Treasure Coast Regional Planning Council and to 25 any other unit of local government that has filed a written request for same. 26 27 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 28 hereby repealed. 29 30 SECTION 5. Should any section or provision of this Ordinance or any portion thereof, 31 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 32 such decision shall not affect the validity of the remainder of this Ordinance. 33 34 SECTION 6. Specific authority is hereby granted to codify this Ordinance. 35 36 SECTION 7. This amendment shall become effective thirty-one (31) days after 37 adoption. No development orders, development permits, or land uses dependent on this 38 amendment may be issued or commence before it has become effective. If the Ordinance is 39 timely challenged by an "affected person" as defined in Chapter 163, Florida Statutes, the 40 amendment does not become effective until a final order is issued finding the amendment in 41 compliance . 42 43 44 45 46 47 48 Page 2 of 3 Ordinance 18, 2012 PASSED this z?!! day of J UJ)tf , 2012, upon first reading. 1 2 3 4 5 6 PASSED AND ADOPTED this IOl"flf-day of _-:f.-=..;..v_t..'j......_ _____ , 2012, upon second and final reading. 7 CITY OF PALM BEACH GARDENS 8 / 9 BY: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . -· ~~--~~--~~~~~- 24 .:_:·· --;:.-~-~ , ... / .· 25,_ .:'/~~r:.:.-2~., .. ~--~ 26 ~;~__.-:--. -~::· ... _ .... 27,-. '--··-.---.. 28 -~~ ~-~------· ,.._,....·~r-=----------- 29 .... ~ .:··--=--,~C, City Clerk 30 ":: -~--: 31 32 APPROVED AS TO FORM AN 33 LEGAL SUFFICIENCY 34 35 AGAINST ABSENT ./ ,/ 36 BY: -)~~;b~~~~=~---~ 37 38 39 40 41 42 43 44 45 46 47 48 49 G:\attomey_share\OROINANCES\2012\0rdinance 18 2012-CIE.docx Page 3 of 3 EXHIBIT "A" TABLE 9A CITY OF PALM BEACH GARDENS FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENTS ELEMENT (This replaces the previous Table 9A) Ordinance 18, 2012 Tralllc ~ Parltway & Kew Gardens Dr. car,-5 Jn.956 lnloiSediln 1-1· PGA@ Lake VICtoria Gardens Dr 5 498.1 00 -N:J:4ss 8lilges s 750.000 Bridge Relwtislmenl f'logr'"" 51 .303.685 Tralllc sijnai-PeG High Sdlooll.iac St ·car, Forward $269,413 Bums Road 0e1>1 PaymeaiS 5700490 $699,890 $698,060 Gr-a Road West ci Central to Parltsicle Drive $2.200.000 Parkside Drive from Donald Ross Road to Grandillora Road $4.700.000 AII.A1AIRCA IM $1 32,000 Miliary Traj & LJac Sl s 400.000 Bums R<l & MiUtary Trail s 4,000,000 Tote/ 3,549.644 s 4,699.890 $ 8.480.060 s POLICE ···- (~rr.--Westward Expansion (PI>IIce v-$60,000 S11 0,000 (-Tral!lcCa>lrol~ $125,000 Total so $60.000 $235,000 Impact fees Impact Fees Impact Fees Gas Til Impact Fees $69-1,700 so Impact Fees ee..toper ee..toper llM1oper P8C Sdlool Board PBC 69-1.700 s $350,000 General Fund $50,000 General Food (lenora~ Food $350.000 $50,000 -rta nllir:slgnalatllloiSediln . cilum l;rleS. ~ Des91nl <XI1SlJudion ci pedesrian access bridges around the Clly . Rebtllsh e.dsting bridges wilhi\ the Cily ~ay and add capacrly for pedestrians and bic)des Sl4lPCII Mitlry Tllll Bums Road -widended in 2003 from ""'IMeS 10 "'"' lanes BrigerDRI BrigerDRI Easttlound . Tral!lc Signal ng hl·lum lane Installation Right and ten tum lanes onto Bums Rd, on Mil. Tr1 T oao:omodalacorrvnu-.sdwilgwestward.........., -forelgl>lepoltaol!lcers ~. T ral!lc<Xli\U'DI deYises for major ln1eBec1ions durlng -outages FRERESCUE ;_f'L· ~ tr:~ 'i E.llrbCion~t $102,900 FireV--...:e Equipneol $50,000 EVOC tEme!gency Vehi:le ()pet a Course) $200,000 LMPalllpgtade $150,000 Roplacement F .. Engine ~5.000 Fie Resale Un~ Replacement $200,000 $200,000 SCBA Equipment $300,000 $50,000 Total $502,900 $1.145.000 sso.ooo PARKS l RECREATION - PGA Pn Construction-Prior Yeat Carry Forward S7t \,489 011 Course Restrooms S\50,000 Plan\itlac Pn Expansion $500,000 Tennis Cen\llrCiubhouse Expansion $400,000 lilac Pari< Phase i~Prior Year Cany Forward $96,683 lilac Pari< Phase tv-Prior Year Carry Forward $T7,429 Golf Septic Syslem Renovations· PriorY ear Cany Forwarn $61,536 CityPari<Exparskln $800,000 Bums Road Community Center Modernization Plant llriw Skate Rilk Upgrode Gardens Pari< Spor1s Ligh\llg $1 ,500.000 Compeiitlon Pool Resl>1adng Spray Ra)grW1d Repla::emen\ Tennis COUrt Resur1aclng Ml"asoi Pn Playground Replacement $250,000 PGA Par\< Solltlal Turl Renovation $100,000 O.SPari<Renova\lonS lfl'ilatlonRetrolits $100,000 Got Cal Bam Repla::ement $273,000 lrrvatlon System -Golf Coorse Bulle< Buldllg Replacement-Golf Coone 20 G<eeos Replacement -Golf Coorse S)Tithelic Turl Driving Range Got Too Renoval<lns GCJI( Sewer CoonecOOn Gardens Par\< Ulili Purpose Field Renoval<lns $369,000 RYEC Ex1elior Cou!1/Piay Area $72,000 GeneniF\.od lmpociN!os iml)aCIN!os General Fund General F\nj 5200.000 lntomaiSeM:eFees General Fund $200,000 so Impact Fees Special R"""'ue $400,000 Impact Fees Impact Fees Impact Fees Impact Fees General Fund Impact Fees $100.000 General Fund $100,000 General Fund General Fund $200,000 General Fund $150,000 General Fund $200,000 General Fund General Fund General Fund $250,000 General Fund General Fund General Fund $1 ,300,000 Special Revenue $150 ,000 Special Revenue $140,000 Special Revenue $50.000 Special Revenue S\40,000 General Fund $175 .000 General fund General fund General fund Expandllg par\< to irdude multipu!pose field , lighting , picnic faciities, and silo improYemi!Jlts 2 clivus enWonmenlal reslrcoms for golf arSIOmets Expandllg par\< to Include lishllg pier, playground, ooa:er field , hlkllg trai, baslcetball c:ourt. exen:ise trai Address need of expanding tennis center dubhouse and matdl number of courts at faci1y . Park E<pansioo Project s tate grant matdl for park expansion I"OJed Renovate existing drain field I E<pandlng par\< to irdude additional tenn~ ct>Urts, a multipurpose fie~. restroom/concesskln bui~ing, group ncMies callinelty repairs, mirror replatmeflL carpet and tile replacment, miscellaneous smal equipment ret Resurtaclng of mks Replacement of SllO'Is ligh\llg to"""" enetiiY effic;ef1tlighbng Resi.Wfadng of ccmpetitlon pool Replacement of SI"''Y playground components Resurtadng of tennis c:ourt Replacement of playground RegJ3de field and replace turt T otal site reiiJrtishment of a 20-l"''l' old par\< irduding payilion, trails, tenn~ ct>Urts, parkl1g and playground Replace irrigation system oompooents Replace golf cart building Replace irrigation system Replacement maintenance butler build~g Replace aB greens Replace driving range turt with s)Tithe\i: turt Renovationofgotfturl Conr1e<:t to City sewer a w Re.grading and reallignment of field CXlJif~uration to optimum usage ; new inigatlon and pproprlate Sj)O<Is turl; group payilion, bleachers, shade structures and~ team beoclles; warmup and praclice areas for: increased utilization of av-area: additional alef lcutaiiS and walkways for disabled ao:ess . Addition of a multi-purpose, hard surfac:a, -In c:ourt play-a1 the jCUII day en aciloty I l'lldllseola dog 4 1' canopy shade SlnJCture syslem mola1md with wheelsiD alow F~~~~~~~~~~~~~~~~~~------------~-------+-------;--~~~~~.000~-------;-------;~~~·~~~~~~~~~~· Total $1,816.137 $1,173,000 $1,522.000 SI,70S,OOO $1,2.15,137 S7,m,m EXHIBIT "8" TABLE 9B CITY OF PALM BEACH GARDENS SUMMARY OF CAPITAL IMPROVEMENTS PROGRAM FOR PALM BEACH COUNTY SCHOOL BOARD (T hi s replaces t he previous Table 9B) Ord inan ce 18 , 201 2 Eatlmated Revenue apital Outlay Local Sources Property Values Local Capital Improvement (1 .5mil) Discretionary Capital Improvement ( FY12: .060 mil, FY13: .048 mil) Fund Balance Carried Forward Impact Fees Interest Income Miscellaneous Revenue Subtotal Local Sources Other Revenue Sources lnterfund Transfer QSCB Referendum Subtotal Other Revenue Sources TOTAL REVENUES FY 2011 3,111,041 1,230,868 10,568,169 5,453,410 20,363,488 134 ,698,183,829 196,605,168 9,051,718 338,101,547 6,003,078 1,207,719 12,135,320 563,1 04,550 23,242 ,988 67,665,000 50,632,224 141,540,212 TABLE 98 Summary of Estimated Capital Revenues Fiscal Years 2012-2016 . ·'r' ..... . '"' .. ----~~ ..... •J'(. ~.r: . . ',· ' ' 4,550,000 20,663,774 22,938,688 71,581,602 -·~.,._ ~-~"""'· -""-' '}r :-·· . -. ·:~~~"- ; :· .. · . :~ 1 ,011 1136,846 13,780,734 444,769,166 5,500,000 4,650,000 16,200 1,~79,852,946 r .-t .... .J,.o• ---• -• •• ,,.._ -. __ - Balance from FY 2011 for Ongoing Projects 294,699,402 294,699,402 FY FY 2012 2013 3,458,547 3,458,547 1,227,281 1,227,281 4,550,000 2,575,559 9,235,828 7,261,387 132,258,526,057 133,737,927,914 190 ,452,278 192,582,616 7,618,091 6,162,643 88,947,396 29,823,540 1,500,000 1,000,000 900,000 750,000 16,200 289,433,965 230,318,799 725.008,250 f 294,699.402 298.669.793 237.580.186 Page 1 of 10 FY FY FY 2014 2015 2016 3,458,547 3,458,547 3 ,458,547 1,227,281 1,227,281 1,227,281 9,953,104 7,189,840 3,520,830 5,743,281 7 ,042,818 7,577,030 20,382,213 18,918,486 15,783,688 138,767,894 ,229 145 ,080,008,821 152,334,009,262 199,825 ,767 208 ,915,212 219,360,973 18,151,028 9,571 ,163 3,576,637 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 219,976,795 220,486,375 224,937,610 240,359,008 239,404,861 240.721.298 Project Name Construction Pro ecta Addition and Remodeling Projects Modernization and Replacement Projects New Schools Subtotal Construction Projects Other Items Debt Service Site Acquisition Capital Contingency Restricted Reserve Reserves for Future Years Subtotal Construction Related Items Non-construction Equipment Facilities Security Education Technology Technology Transportation Subtotal Non-Construction Projects Transfers to General Fund Required Non-Construction Payments Equipment Maintenance Facilities Maintenance Security Maintenance Education Technology Maintenance Technology Maintenance TEN Maintenance Transportation Maintenance Subtotal Transfers to General Fund Total Capital Budget Summary of Capital Improvement Plan Fiscal Years 2012-2016 •11'1 ; ' 'Y"' ___ , ... _.. ___ ... ..:..... .. ~~fi'". -d . ,- ¥.4:f r . · -:::.;;,;} -.....:.---. . ~-~ •• ~.:,:; • ~ft~~ z .. ~. ~ ----. .::::=\ ··~ .. 136,782,740 3,760,753 174,975,162 -· ~:<,;.,~ .... ,_, __ ~.......:... ~ ~:f:i "~~!,(."; ,:;;-:f;;~_ •. 3,706,271 28,169,965 38,843,824 66,328,198 881,437,667 ..,. ·" "'· . . ~-~ _.r.J s~~ -... . ..... (~:_ -. :.~-,-;, t .-:~ 49,152,751 3,372,997 1,945,583 28,279,537 13,aae,7s7 103,074,118 59,147.735 23,595,973 181,995,169 9,237,911 4,753,624 102,719,845 480,158 10,017,196 391,947,611 1,55~,434.548 Unspent Balances from FY 2011 in New New Previously Approved Appropriation Appropriation Projects forFY 2012 forFY2013 31 ,295,872 3,135,797 103,629,446 33,153,294 3,760,753 138,686,071 36,289,091 1,389,399 148,500,000 149,000,000 3,706,271 17,328,180 2 ,298,619 3,274,639 38,843,824 61,122,368 5,205,830 122,390,043 166,004,449 162,274,639 1,476,483 1,080,000 1,080,000 18,798,151 11,354,600 1,372,997 500,000 176,817 368,766 350,000 7,452,073 12,127,464 1,900,000 4,346,767 500,000 2,000,000 33,623,288 25,430,830 5,830,000 11,829,547 11 ,829,547 3 ,595,973 5,000,000 39,695,169 37,300,000 2,037,911 1,800,000 953,624 950,000 20,719,845 20,500,000 96,158 96,000 2,017,196 2,000,000 80,945,423 79,475,547 294,699,402 298,669,793 237,580,186 Page 2 of 10 New New New Appropriation Appropriation Appropriation for FY 2014 forFY 2015 for FY 2016 148,500,000 148,500,000 148,500,000 1,053,461 1,499,314 2,715,751 149,553,461 149,999,314 151,215,751 1,080,000 1,080,000 1,080,000 9,000,000 5,000,000 5,000,000 500,000 500,000 500,000 350,000 350,000 350,000 800,000 3,000,000 3 ,000,000 1,900,000 2 ,300,000 2 ,400,000 13,630,000 12,230,000 12,330,000 11,829,547 11,829,547 11,829,547 5 ,000,000 5,000,000 5,000,000 35,000,000 35,000,000 35,000,000 1,800,000 1,800,000 1,800,000 950,000 950,000 950,000 20,500,000 20,500,000 20,500,000 96,000 96,000 96,000 2 ,000,000 2 ,000,000 2,000,000 77,175,547 77,175,547 77,175,547 240,359,008 239,404,861 240,721,298 Construction ProJects Project Name ltlon and Rtmodelln Pro ecta Banv-n Creek Elem Core Addition Belle Glade Elem Add+ Pre-K Benoist Fanna Elem Pre-K Boca Raton HS Swimming Pool Boynton Beach High Academies Carver Middle Core Addition Cholee Lake Elem Pre-K Crestwood Middle Addition Energy ConaeNalion-Green-LEED FHESC Wndow Replacement H. L Johnson Elem Addition Heritage Elem LEED EB Indian Pines Elem Pre-K JF Kennedy Middle Athletic Fields Jupiter Middle School Renovation Lake Worth Middle Core Addition Manatae Elem Addition Pahokee Elementary Remodeling Pahokee High Remodeling Pahokee High Stadium Palm Beach Lakes High Academy/Add Riviera Beach Preparatory Academy Roosevelt Mid Claaaroom Addition School Food Service Build-Out Seminole Trails Elem Addition South Area Bus Compound Remodel Spanish River High Biotech Academy Transportation · Wat Central Remodel Village Academy Addition Build-Out Wellington Elem Classroom Addition Wellington High Academies West Tech Ed Center Modifications Whispering Pines Elem Addition Phase II Whispering Pines Elem Addition Total Addlton and Remodeling Total Project Budget 5,454,965 7,527,638 4,001,227 3,391,548 10,620,034 300,000 2,101,529 14,697,942 250,000 7,768,357 16,215,033 53,775 2,224,990 1,960,000 1,920,000 1,100,000 14,484,357 1,302,683 5,367,988 13,223,362 14,109,647 500,000 10,891,733 5,698,311 13,984,012 466,898 4,498,401 170,890 1,026,284 21,951,999 2,625,156 1,914,043 9,052,536 4,518,105 206,361,626 PriorY ear ExpendlturH 422,708 7,060,627 3,874,445 3,037,593 10,202,684 147,171 1,963,776 8,237,945 141,242 7,464,170 16,086,059 33,530 2,112,710 1,872,267 1,758,398 884,763 12,035,250 950,005 120,800 12,405,875 13,555,770 10,477,051 5,694,804 12,826,564 70,064 4,401,321 - 138,910 1,017,656 21,602,575 2,617,610 415,928 2,961,524 4,328,163 170,919,966 Capital Improvement Plan Project List Fiscal Years 2012-2016 we Unapent Balancea from FY 2011 In New .-...-. ...-.........-......' --~ ~-· ::,r;rrr;m: 467,011 126,782 353,955 417,350 152,829 137,753 6,459,997 108,758 304,187 128,975 20,246 112,280 87,733 161,602 215,237 2,449,107 352,678 5,247,188 -817,487 5&4,077 500,000 414,682 1,507 1,137.'148 398,834 97,080 31,981 8,608 349,425 7,548 1,498,115 6,091,012 189,942 34,431,669 Previously Approved Appropriation for Proj~ FY2012 4,882,256 150,000 467,011 126,782 353,955 417,350 152,829 137,753 5,809,997 650,000 108,758 304,187 128,975 20,246 112.280 87,733 161,602 215,237 2,274,107 175,000 352,678 4,697,188 550,000 817,487 265,880 288,197 500,000 414,682 1,507 1,137,448 216,834 180,000 97,080 31,981 8,608 349,425 7,546 1,498,115 5,448,412 642,600 189,942 31,296,872 3,136,797 Page 3of10 New New New New Appropriation for Appropriation for Appropriation for Appropriation for FY 2013 FY 2014 FY 2016 FY 2016 Project Name Gove Elem Modernization North Palm Beach Elem Modernization Northboro Elem Modernization Palm Beach Gardens High Modernization Palm Springa Mid Modernization Plumose Elem Modernization Rosenwald Elem Modernization Royal Palm School Modernization Suncoast High Modernization Westward Elem Modernization Total Modemlzatlona and Raplacementa Newlch Evti'QIIdea Elem (03-W) Hope Centennial Elem (06-0) Pahokee Area Middle (03-MM) Total New Schoola Total Construction Projects T otll Project Budget 40,704,909 29,650,055 18,711,248 38,416,148 29,000,000 33,409,133 105,372,737 34,869,138 30,794,290 15,180,622 40,642,283 88,541,495 31,745,825 637,037,882 25,778,116 30,199,404 37,296,466 93,273,986 836,863,493 PrtorYear Expendltum 31,107,555 104,294,030 34,784,912 29,470,386 59,656 40,164,291 86,591,494 31 ,691,975 400,266,141 24,011,494 30,151,429 35,350,311 89,613,234 Capital Improvement Plan Project List Fiscal Years 2012 • 2016 18,652,194 38,045,011 29,000,000 2,301,578 1,078,707 84,226 1,323,904 15,120,966 477,991 1,950,001 53,650 136,782,740 ' . . ... -_,.,.,......,._ .. _ '141» ~ -.-.. ; -~7~[~: 47,976 1,946,155 3,780,763 from FY 20111n New New New New New Prevloualy Approved Appropriation for Appropriation for Approprlltlon for Appropriation for Appropriation for Projects FY 2012 FY 2013 FY 2014 FY 2016 FY 2016 2,301,578 1,078,707 84,226 1,323,904 15,120,966 477,991 1,950,001 53,850 103,629,446 1,766,622 47,976 1,946,155 3,780,763 2,548,511 1,604,763 29,000,000 33,163,294 680,688,331 ?' 114,976,162 138,686,071 38,289,091 Page4 of 10 Page 5 of 10 Non-Construction Pro ects and Transfers Project Name R ulnld Non..Conatruc:tlon Pa menta Charter School Clpltll OuUay Property and Flood ina urance Survivor'• Facility Lease Total Required Non..Con•tructlon Paymenta E ul nt Clpltlil ProjiCtl: 1o-Book Fund Ubra ry Core Collections AV Equ ipment Replacement Fund Choice Furnish ings Classroom Furnish ings Cou nty-Wde Equ ipment Musical Instruments Future Equ ipment Projec:ta Subtotal Equipment Capital Projecta Tranafera to General Fund: Tranafer for Equipment Maintenance Transfer for Copier Maintenance Subtotal Equipment Tranafara Total Equipment Facllltlee Capital Projec:tl: ADA Building Envelope Mgmt Program Classroom Technology -LCD County-Wde Custodial Equipment Covered Walkways Environmental Service Contracts HVAC Inlet Grove Academy Repaira lntertocel Maintenance Projects Minor Projects Portables Roofing Safety Capital Improvement Plan Project List Fiscal Years 2012-2016 Unapent Balanc:tt from FY 2011in New New Appropriation , for FY 2011 .Rialll¥..,. Previously Approved Appropriation for Projec:ta FY 2012 3,458,547 8,371 ,000 397,500 12.,227,047 140.000 300,000 500,000 140,000 1,080,000 100,000 52,500 152,600 1,232,600 400,000 10 ,700,000 1,231,624 770,590 2,882,239 500 ,000 &see eus;m < ~ " I •' ..., ... "" ...... _ ..... ~ ....... · ~· .. ,~!(IV'~ !'Vt~. p ' c '10:1 .. it') I I I 6911471736 -~:~.6-.;L..: .• ;;;...:.. --w :j ~~~2~ :~~-~~~ ~; > • 381 ,928 89,526 233,604 1,490,156 155,689 4,320 ,000 6,878,483 95,973 23,500,000 231695,973 30,472,466 --' --=--... -.. ~-----. ..;_c~-i·:-.:~ 1 ,616 44,980 403,311 250 ,000 7,225,424 1,243,718 5,636,602 41,447 409 ,962 267,985 1,566,557 6,051,827 4,816,406 1,367,501 3,458,547 8.371.000 11 ,829,547 65,580 140,000 81 ,928 300,000 89,526 233,604 990,156 500,000 15,689 140,000 1,476,483 1,080,000 95,973 3 ,500 ,000 3,595,973 1,476,483 4,676,973 1,616 44,980 403,311 250,000 7,225,424 1,243,718 1,536,602 4 ,000,000 41 ,447 409,962 267,985 1,566,557 3,497,227 2 ,554,600 266,406 4 ,550,000 1,367,501 Page 6of 10 New New New New Appropriation for Appropriation for Approprtetion for Appropriation for FY 2013 FY 2014 FY 2016 FY 2016 3,458,547 3,458,547 3,458,547 3,458 ,547 8 .371 ,000 8,371 .000 8,371,0()0 8,371 ,.000 11,829,547 11,829,547 11,8291547 11 ,829,547 1,080,000 1,080,000 1,080,000 1,080,000 1,080,000 1,080,000 1,080,000 1,080,000 5,000,000 5 ,000,000 5,000,000 5 ,000,000 6,000,000 6,000,000 6,000,000 6,0001000 6,080,000 6,080,000 6,080,000 6,080,000 Capital Improvement Plan Project List Fiscal Years 2012-2016 "· Unepent Balance. from FY 2011 In New New New New New Previously Approved ApproprlaUon for Appropriation for Appropriation for Appropriation for Appropriation for Project Name Projecta FY 2012 FY2013 FY2014 FY2016 FY2016 Traffic Future Facilities Projects 9,000,000 5,000,000 5 ,000,000 Subtotal Facllltlee Capital Projecta 16,484,463 16,798,151 11,354,600 9,000,000 6,000,000 5,000,000 Tranafera to General Fund: Transfer for ADA Compliance 1,800,000 1,800,000 Transfer for Athletic Playfields 150,000 150,000 Transfer for BEMP r300,000 300,000 Transfer for CSIR Vl/ork Orders 2,170,000 2,000,000 2,000,000 Transfer for Environmental Control 1,114,510 1,010,857 1,010,857 Transfer for Facilities Services 34,850,231 25,929,850 25,929,850 Transfer for Fencing 75,000 75,000 Transfer for Fire/Life/Safety 480,000 1,058,962 1,056,962 Transfer for HVAC Maintenance 500,000 500 ,000 Transfer for Maintenance Projects 3,997,500 3,997,500 Tranafer for Preventative Maintenance 4,370,000 2,575,000 2,575,000 Transfer for Playground Maintenance 300,000 300,000 Transfer for Facilities 142,300,000 37,300,000 35,000,000 35,000,000 35,000,000 Subtotal Facilities Tranafera 42,984,741 181 ,995,169 39,696,169 37,300,000 36,000,000 36,000,000 36,000,000 Total Facllltlaa 59,489,194 231,147,920 18,798,161 51,049,769 37,300,000 44,000,000 40,000,000 40,000,000 Alarms 409,207 409,207 BOAs 4,124 4,124 Black Box 1,868 1,868 Card Access 187,631 187,631 Dispatch 34,995 34,995 Radios 180,000 360,187 360,187 Video Surveillance 374,984 374,984 Future Security Projects 2,000,000 500,000 500,000 500,000 500,000 Subtotal Security Capital Projacta 180,000 3,372,997 1,372,997 500,000 600,000 500,000 600,000 Tranafera to Genaral Fund: Transfer for Secu ri ty 1,494,398 9,237,911 2,037 ,9 11 1,800,000 1,800,000 1,800,000 1,800,000 Subtotal Security Tranafera 1,494,398 9,237,911 2,037,911 1,800,000 1,800,000 1,800,000 1,800,000 Total Security 1,674,398 12,610,908 1,372,997 2,037,911 2,300,000 2,300,000 2,300,000 2,300,000 Page 7 of 10 ------------ Tranafers to General Fund: Transfer for Edline and Equipment Maintenance Subtotal Educational Technology Tranafen Total Educational Technology ca~I'Ojecta: Antivirus/Malware Application Monitoring Business System Replacement CAFM Computer Adm Refresh Computer Refresh 4.8 to1 County Fiber Construction Disaster Recovery Disk Storage District Server Refresh Green Data Center Optimization Hardware/Software Hardware/Software Quality Assurance Intrusion Prevention IT Service Mgmt Upgrade Network Infrastructure for Internet Connectivity Network Operations Center New School Technology Replace Obsolete Data Backup School LAN Switch Student Logon Security System Lifecycle Management Endpoint Security 86,000 283,766 368,766 953,624 953,824 1,322,390 Capital Improvement Plan Project List Fiscal Years 2012-2016 Unapent Blllnces from FY 2011 In New "":"',._, ·~-..... ~ ..... ~ -·.~ .. .. · >e·"~ ;; :i~( .--'i ~. "J.'I(. ' ' 4, 80 1,945,583 4,753,624 4,763,8 24 &,899,207 Prevloualy Approved Appropriation for 68 ,603 110,314 176,817 176,817 2012 85 ,000 283,766 368,766 953,624 953,624 1,322,390 New New New New Appropriation for Appropriation for Appropriation for Appropriation for FY2013 FY 80 ,000 80 ,000 80 ,000 80,000 270,000 270,000 270,000 270,000 350,000 360,000 350,000 350,000 950,000 950,000 950,000 950,000 950,000 950,000 950,000 960,000 1,300,000 1,300,000 1,300,000 1,300,000 --------------------------------.. ~-"'"'"""'-"'-'•~.-. ;..~,/:·· . .,:· .. 623,250 295,000 1,530,914 712,352 4,442,880 150,000 310,000 313,500 290,000 102,000 15,000 480,000 1,950,000 262,752 150,000 ° 295,000 7,482 812,028 1,087,982 9,089,889 33,858 155,754 310,001 313,500 160,319 101,793 1,245,600 300,000 23,949 9,273 32,172 3,556,139 612,000 295,000 7,482 812,028 681,648 406,334 4,273,376 4,816,513 33,656 21,744 134,010 9,929 300,072 1,374 312,126 160,319 101,793 162 1,245,438 300,000 23,949 9,273 32,172 1,606,139 1,950,000 612,000 Page 8 of 10 Project Name Windows 7 Upgrades Windows License FTE Model Wreless Infrastructu re Wreless Infrastructure Student Future Technology Projects SubtoUII Technology Projectt Tranafere to General Fund: Transfer for Application Syatama Transfer for Business Operating Systams Transfer for CAFM Implementation Transfer for Data Warahouse Transfer for Equipment Maintenance Transfer for ERP Transfer for FTE Reporting Transfer for IT Security Transfer for Portal Project Transfer for Project Management Initiative Transfer for School Center Admin Technology Transfer for Secondary Tech Mainlllnance Transfer for Technology Infrastructure Maintenance Transfer for Technology Subtotal Technology Tranafera ToUII Technology Transfer for TEN Mainlllnance l TotaiTEN Trant rt.uon Capital Proj110111: Computer Servers-Diagnostic Digital Cameras Furnishings GPS Hardware • Transportation Replacemenl of Bus Washers North and Central Compounds New Appropriation for FY2011 405,000 100,000 350,000 12,482,648 515,937 1,803,598 470,045 3,582,259 504,565 3,487,988 20,066 527,578 37,000 107,335 1,100,835 2,798,029 7,278,022 22,2S3,267 34,71&,906 96,158 96,168 Capital Improvement Plan Project List Fiscal Years 2012-2016 Unapent Balance• from FY 2011 In New Prevloualy Approved Appropriation for Plan'YNrt 100,000 495,000 347,150 85,850 8,700 ,000 28,279,637 413,527 1,750,165 379,160 3,594,140 188,320 4,271,542 625,499 39,500 58,907 n6,628 2,898,807 5,723,850 82,000,000 102,719,845 130,999,382 480,168 17,100 9,230 7,700 500,000 Projtcta 405,000 100,000 85,850 7,462,073 7,4&2,073 33,043 17,100 9,230 7,700 Page 9 of 10 FY2012 495,000 347,150 12,127,464 413,527 1,750,165 379,160 3,594,140 168,320 4,271,542 825,499 39,500 58,907 776,628 2,698,807 5,723,650 20,719,846 32,847,309 96,158 96,168 500,000 New New New New Appropriation for Appropriation for Appropriation for Appropriation for FY2013 FY 2014 FY2015 FY2016 1,900,000 800,000 3,000,000 3,000,000 1,900,000 800,000 3,000,000 3,000,000 20,500,000 20,500,000 20,500,000 20,500,000 20,600,000 20,600,000 20,600,000 20,500,000 22,400,000 21,300,000 23,&00,000 23,&00,000 96,000 96,000 96,000 96,000 96,000 96,000 96,000 96,000 Project Nama Two-Radio-Antenna-Cable Vehicles-District-VI/ide Subtot.ll Traneportatlon Projectl Transfere to General Fund: Transfer for Transportation Maintenance Transfer for Contracted Transportation Subtotal Tranaportetlon Transfers Total Transportltlon Sub-total Non-Construction Pro"ects Sub-total Non-Constructlon Tran•ters Total Non-Construction Projects and Transfers Total Capital Budget Capital Improvement Plan Project List Fiscal Years 2012-2016 Unepent Balancee from FY 2011 In New New Appropriation Previously Approved Appropriation for forFY2011 PlanYH,_ Ill!! Projec:ta FY2012 3,782,800 3,782,800 25,080 25,080 471,815 471,815 3,782,800 13,448,787 4,348,767 600,000 525,819 2,517,196 517,196 7,500,000 1,500,000 626,819 10,017,196 2,017,196 4,308,819 23,483,963 4,348,767 2,617,196 34 378 667 33 623 288 25 430 830 80667 544 71.~1ll -80 945423 11 &,048,211 :!lit 'll •· -ll4&tlo2iiJ72t 33,623,288 106,376,263 ~t i 1,611,434,648 294,699,402 298,669,793 Page 10 of 10 New New New New Appropriation for Appropriation for Appropriation for Appropriation for FY2013 FY2014 FY2016 FY2016 2,000,000 1,900,000 2,300,000 2,400,000 500,000 500,000 500,000 500,000 1,500,000 1,500,000 1,500,000 1,500,000 2,000,000 2,000,000 2,000,000 2,000,000 4,000,000 3,900,000 4,300,000 4,400,000 5 830 000 13 630 000 12 230 000 12 330 000 79 475 547 77175 547 77 175 547 77175 547 86,306,647 90,806,647 89,406,647 89,606,647 237,660,186 240,369,008 239,404,861 240,721,298 CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN CAPtT AL IMPROVEMENTS PUBUC SCHOOL FACILITIES SUPPORT DOCUMENTS The City of Patm Beach Gardens June2008 CAPITAL IMPROVEMENTS ELEMENT SUMMARY The Capital Improvement Element (CIE) contains the Goals, Objectives and Polic ies whi ch guide the City's fis.cal policie-s to provide adequate facilities. Th e proposed changes to the CIE are minor in nature as part of the EAR-based amendments . They include: • Modification of Level of Service {LOS} standards that reflect proposed changes in t he Public Safety Element; • Included policies which address changes in State Statutes to allow for developer funded improvements to be located within t he Five -Year Schedule; and • Modified formatting, updated linguistics in the te xt formatting, and removed duplicative information. Tabfe 9A of t his element contains the budget items required to achieve or maintain levels of service. and it is updated on an annua1 basis immediately after the adopUon of the City's Capital Improvement Program (CIP). Because the City must transmit the EAR-based amendments prior to the adoptic;m of the new CIP, the EAR-based amendment will not contain updates to Table 9A. The annual CIE update reflecting the changes to the CIP w ill be a separate· amendment process. The update to Table 98, which reflect the Schoo·! Board's CIP , is simi.farly affected . The following initiatives are part of the proposed Capita/Improvement Element; • Ensure the construction, replacement ana maintenance of capital facilities which are necessary to achieve and maintain adopted LOS. (Objective 9.1 .1., Page 9· 1, Existing) • Future development shall bear a proportionate cost of facility improvements necessitated by. the development in order to maintain LOS standards . (Objective 9. 1.2., Page 9·2, Existing) • Ensure the provision of needed capital improvements for previously issues development orders, and for future development and redevelopment. (Objective 9.1 .3., Page 9·2, Existing) • Maintain a minimum LOS for traffic circulation, potable water and sanitary sewer, solid waste, drainage, recreation and open space, and public safety. (Objective 9. 1.4 .• Page 9-3; Existing) Capital Improvement and Public School Facility Elements City of Palm Beach Gardens Page 9-2 Ordinance 14 . 2008 The following studies or actions are recommended as part of the EAR-based com~renensiv.e plan amendments: ------·------,.-·----~---------·-··-··-··---· -·-···--------···-"-----.. _ .. _ .. _ .. -------· __ ._. __ , ____ , COMPLETION STUDY/PLAN/AcTION YEAR 2012 [This section has been intentionally left blank.] Capital Improvement and Public School FaciHty Elements City of Palm Beach Gardens Page 9-3 Ordin ance 14. 2008 PUBLIC SCHOOLS FACILITIES ELEMENT SUMMARY legislation enacted by the 2005 Florida Legislature (Senate Bit! 360, laws of Florida 2005-290) mandates a comprehensive focus on school planning by requiring focal governments and school boards to adopt a soooQI concurrency system. School concurrency ensures coordinatiof! between local governments and school boards in planning and permitting deve1opments that affect schoer eapadty and utirrzation rates. With the passage of Senate Bill 360, school facilities concurrency is no longer optional.. The following sections . of Chapter 163, Part II, F.S., should be interpreted as a whole rather than individually. To implement school concurrency, local governments and school boards are requtred to: • Update existin!':J public school lnterlocal agreements and the Intergovernmental Coordination Element to include coordinated: proceeures. for implementing school concurrency (Sections 1'63 .. 3177t6)(h}(1}, 163..317n. F.S., and 163.3180(1:3}, F.S.; • Adopt a Public School Facil -ities Element (P.S.F.E.) into the compr-ehensive plan; • Adopt level-of-service {l.O.S.} standards to establish maximum permiSsible school utilization rates relative to capacity·, and incrude L.O.S. standards in an amended Capital Improvements. Element of the comprehensive plan and in the updated interlocal agreement; • Establish a financ.ially feasible Public School Capital Facilities Program and include this program in an amended Capital tmprovements Element of the comprehensjve plan; • Establish proportionate-share mitigation methodology and options to be included in the P.S.F.E. and the. interlocal agreement; • Establish public. school Concurrency Service Areas (C.S.A.s) to define the geographic boundaries of sehool concurrency, and include the C.S.A.s in the updated interlocal agreement and in the supporting data and analysis for the comprehensive plan; (Source;. www.dca.stateJ/;uslfdcp!dcpi.SchooiP!anninqlindex.efm#what) The Public Schools FaciHties Bement in the City's Comprehenslve Plan has a single goal, which is to pr.ov.ide for the future availability of public school facilities consistent with the adopted Level of Service Standards. Within the subsequent Objectives and Policies, other areas ineluding safe access to schoofs, coordination with the School District on new information, and school capacity related to LOS, are all addressed. The proposed EAR-based amendments include some minor additions within the Public Schools Facilities Element. The additional Pelicies are being added to allow for the: Capital Improvement and Public School Facility Elements City of Palm Beach Gardens Page 9-4 Ordinance 14, 2008 • Depiction of School facilities on the future Land Use Map; • Encouragement of safe access to schools, including sidewalks. bike paths, turn lanes, traffic calming, and signalization ; • Encouragement of hign quality public ssllool facilitie s and coo rdin ation with Palm Beach County School Board to promote the architecture and appearance of public school facilities; • Coordination with Palm Beach County and 1he School District of Palm Beach County ta share data on an annua1 basis to improve the process; and • Coordination with aU parties of the PBC Public School: ln1erlocal Agreement in the event an amendment is necessary. Capital Improvement and Public School Facility Elements City of Parm Beach Gardens Page 9-5 Ordi nance 14, 2008 1 RESOLUTION 1, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE SCRIPPS 6 . FLORIDA PHASE 11/BRIGER TRACT MIXED USE (MXD) PLANNED 7 COMMUNITY DEVELOPMENT (PCD), COMPRISED OF 2.6 MILLION 8 SQUARE FEET OF BIOTECH RESEARCH AND DEVELOPMENT, 9 1.2 MILLION SQUARE FEET OF OFFICE, 300 HOTEL ROOMS, 10 500,000 SQUARE FEET OF RETAIL, AND 2, 700 RESIDENTIAL 11 UNITS ON A 681-ACRE PARCEL, AS MORE PARTICULARLY 12 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING 13 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; 14 AND FOR OTHER PURPOSES. 15 16 17 WHEREAS, the City Council, as the governing body of the City of Palm Beach 18 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 19 Statutes, and the City's Land Development Regulations, is authorized and empowered 20 to consider petitions related to zoning and land development orders; and 21 22 WHEREAS, the City received application PPCD-09-02-000002 from Lester 23 Family Investments, L.P., et al. and Palm Beach County requesting master plan 24 approval for the Scripps Florida Phase 11/Briger Tract, consisting of 2.6 million square 25 feet of biotech research and development, 1.2 million square feet of office space, 300 26 hotel rooms, 500,000 square feet of retail, and 2,700 residentia.l units. The subject site 27 is approximately 681 acres and is located south of Donald Ross Road, north of Hood 28 Road, and east and west of Interstate 95, as more particularly described herein; and 29 30 WHEREAS, the subject site has been rezoned to Planned Community 31 Development (PCD) Overlay with an underlying zoning designation of Mixed Use (MXD) 32 by the adoption of Ordinance 28, 2009; and 33 34 WHEREAS, the Growth Management Department has reviewed the application, 35 has determined that it is sufficient, and has recommended approval; and 36 37 WHEREAS, the Planning, Zoning, and Appeals Board (PZAB) reviewed the 38 petition at its October 13, 2009, public hearing and recommended approval by a vote of 39 6-1 ; and 40 41 WHEREAS, the City Council has considered the evidence and testimony 42 presented by the Applicant and other interested parties and the recommendations of the 43 various City of Palm Beach Gardens reviewing agencies and staff; and 44 45 46 Resolution 1, 2010 1 WHEREAS, the City Council deems approval of this Resolution to be in the best 2 interests 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. Application PPCD-09-02-000002 from Lester Family Investments, 12 L.P ., et al. and Palm Beach County is hereby APPROVED for master plan approval for 13 the Scripps Florida Phase 11/Briger Tract, consisting of 2.6 million square feet of biotech 14 research and development, 1.2 million square feet of office space, 300 hotel rooms, 15 500,000 square feet of retail, and 2,700 residential units located on approximately 681 16 acres south of Donald Ross Road, north of Hood Road, and east and west of Interstate 17 95, subject to the conditions of approval contained herein, which are in addition to the 18 general requirements otherwise provided by resolution, on the following described real 19 property: 20 21 See Exhibit "A" for Legal Description. 22 23 SECTION 3. The City Council of the City of Palm Beach Gardens , Florida hereby 24 approves the following four (4) waivers: 25 26 1. Section 78-231, Parkway overlay district, to allow the width of the parkway on 27 Donald Ross Road to be reduced to fifty-five (55) feet. 28 29 2. Section 78-231, Parkway overlay district, to allow the width of the parkway on 30 Hood Road, directly in front of the Neighborhood Commercial parcel, to be reduced to 31 fifty-five (55) feet. 32 33 3. Section 78-563, Lake maintenance tracts, to allow the width of the lake 34 maintenance tracts to be reduced to fifteen (15) feet and to allow improvements, such 35 as plazas, landscaping, bulkheads, and parkways, but not including vertical structures 36 within the lake maintenance tracts. 37 38 4. Section 78-377 , Mechanical and service equipment screening, to .exempt 39 mechanical equipment from screening requirements only for those uses that are 40 biotech, biomedical, or science-related in nature. 41 42 SECTION 4. This approval is subject to the following conditions, which shall be 43 the responsibility of and binding upon the Applicants and their successors or assigns: 44 45 46 2 Resolution 1, 2010 1 Planning & Zoning 2 3 1. The Applicant shall provide a Declaration of Covenants to the City for review at 4 the time of submittal of the first plat application for the project. The Declaration of 5 Covenants shall specify who or what entity will be controlling, operating, and 6 maintaining the common elements of the PCD, including, but not limited to, such 7 elements as the spine roads, the perimeter landscape buffers, major drainage elements, 8 etc. The subject Declarations must be provided to and approved by the City Attorney 9 prior to approval of the first plat for the project. (Planning & Zoning, City Attorney) 10 11 2. Any amendments to the list of permitted uses for the PCD shall be amended by 12 resolution and approved by City Council. (Planning & Zoning) 13 14 3. At least one (1) community park shall be provided east of Interstate 95 and one 15 (1) community park shall be provided on the west side of Interstate 95. Each 16 community park shall be no less than five (5) acres. Examples of the types of facilities 17 found in a community/neighborhood park include, but are not limited to, basketball or 18 tennis courts, picnic areas, multi-purpose fields, playgrounds, and nature areas, 19 including upland preserves or wetlands with nature trails. Additionally, at least one (1) 20 neighborhood park shall be located within 1/4 mile radius of each residential home 21 within the project. The minimum size for each neighborhood park shall be one (1) acre 22 except for those neighborhood parks located within the Town Center District, which 23 shall be a minimum 1/3 acre in size and located within a 1/4 mile walk from any 24 residential home located within the District. Community parks may also be counted 25 toward satisfaction of the neighborhood park requirement. Maintenance, ownership, 26 and operation of all parks provided within the PCD shall be the responsibility of the 27 Master Property Owners Association or other entity as approved by the City Attorney. 28 Prior to each site plan approval within the in PCD, the Applicant shall demonstrate this 29 requirement has been met. (Planning & Zoning) 30 31 4. A minimum of one (1) gated pedestrian connection shall be provided on the 32 eastern property line of the PCD adjacent to the Legends at the Gardens Mixed Use 33 community in order to provide a pedestrian path to connect to the Town Center District. 34 The specific location of the pedestrian connection shall be identified at the time of the 35 first site plan approval for that portion of the Town Center District that is immediately 36 adjacent to the Legends at the Gardens community. The location of the pedestrian 37 connection/access will provide pedestrian access that is complementary to both the 38 Town Center District and the Legends at the Gardens community to the east. (Planning 39 & Zoning) 40 41 5. Prior to the approval of the first plat for the project, all deep-well field site areas, if 42 required by the Seacoast Utility Authority, shall be depicted on the PCD Master Plan. 43 (Planning & Zoning) 44 45 46 3 Resolution 1, 201 0 1 6 . No less than 20% (136.33 acres) of the total 681 acres shall be provided within 2 the PCD as community-serving open space. No more than 68.16 acres of the required 3 136.33 acres shall consist of manmade water bodies or canals; all of which shall be 4 consistent with the provisions contained within Section 78-681 of the City's LDRs. The 5 following minimum allocation of community-serving open space for Parcels A-H, when 6 taken together with the allocation of community-serving open space depicted on the 7 PCD Master Plan, shall satisfy the minimum open space requirements: 8 9 Parcel A-3.37 acres 10 Parcel 8-5.34 acres 11 Parcel C-6.73 acres 12 Parcel D -1.40 acres 13 Parcel E -2.48 acres 14 Parcel F -1.57 acres 15 Parcel G -7.36 acres 16 Parcel H -0.28 acres 17 18 Forestry 19 20 7 . In the event that the upland preserve requirement is satisfied through off-site 21 mitigation for The Scripps Research Institute (TSRI) site, the Applicant and its 22 successors or assigns shall be required to provide a deed restriction, in a form 23 acceptable to the City Attorney, for the off-site mitigation property limiting the use of the 24 subject property for conservation purposes in accordance with the City's land 25 development regulations. A final recorded deed restriction and a preserve area 26 management plan will be required prior to approval and recordation of the first plat for 27 the PCD. In the event off-site mitigation is not provided, a total of 12.34 acres of upland 28 preserve area shall be provided on the TSRI site. (City Forester) 29 30 8. The off-site upland preserve site shall not be encumbered by any drainage or 31 utilities. Any jurisdictional or non-jurisdictional wetland, as indicated on the 32 Environmental Assessment, shall not be counted toward the 12.34-acre upland 33 preserve mitigation area. (City Forester) 34 35 9. The final design and location of all littoral plantings shall be submitted and 36 approved at the Site Plan review of the respective parcel. (City Forester) 37 38 10. The Applicant and its successors or assigns , including, potentially, the Master 39 Property Owners Association, shall be responsible, upon the issuance of the first 40 building permit for vertical construction, for their fair share of 1/2 of the cost of 41 landscape and irrigation maintenance of the Donald Ross Road median from the 42 eastern terminus of their development to the western terminus of their development. 43 (City Forester) 44 45 46 4 Resolution 1 , 201 0 1 11 . The Applicant and its successors or assigns, including, potentially, the Master 2 Property Owners Association, shall be responsible for the installation of landscaping 3 and irrigation and all associated maintenance of same for the Donald Ross Road right- 4 of-way shoulder adjacent to their development, the entire Grandiflora Road within the 5 development, the north-south public road within the site, and the Hood Road right-of- 6 way northern road shoulder adjacent to the site. Landscaping shall be installed prior to 7 the issuance of the first building permit for vertical construction for the adjacent parcel. 8 (City Forester) 9 1 0 12. The Master Developer shall install landscaping and irrigation along all perimeter 11 landscape buffers for the PCD. The maintenance of said roadway beautification shall 12 be the responsibility of the Master Property Owners Association or other entity _ as 13 approved by the City Attorney. Buffer areas shall not be cleared of vegetation until site 14 plan approval has occurred for the adjacent development. Landscape buffers shall be 15 installed prior to the issuance of the first building permit for vertical construction for the 16 adjacent parcel. (City Forester) 17 18 13. The Applicant shall provide a Management Plan for all on-site preserves for the 19 Growth Management Department's review and approval prior to the commencement of 20 land alteration. (City Forester) 21 22 14. All preserves shall be platted prior to the development of the adjacent parcel and 23 shall be the perpetual maintenance responsibility of the Master Property Owners 24 Association or other entity as approved by the City Attorney. (City Forester) 25 26 15. Prior to the first Certificate of Occupancy of each adjacent parcel, all invasive 27 nonnative plant species shall be removed and any restoration of the preserve 28 completed. (City Forester) 29 30 16. Limited clearing may be permitted within an individual parcel of the PCD even 31 though the subject parcel has not yet received site plan approval when such limited 32 clearing is necessary in order to facilitate the installation of infrastructure and/or 33 common amenities necessary to implement an approved site plan for a different parcel 34 within the PCD. Such limited clearing shall be subject to approval of the Director of 35 Engineering and City Forester. The limits of said clearing and installation shall be 36 identified on the final construction plan for review and approval by the City prior to the 37 issuance of the first land alteration permit. (City Forester, Director of Engineering) 38 39 Engineering 40 41 17. The Applicant shall provide a signed and sealed pavement marking and signage 42 plan for the PCD or provide the same on the engineering plans; said plans must be 43 reviewed and approved by the Director of Engineering prior to the issuance of the 44 related infrastructure permit. (Director of Engineering) 45 46 5 Resolution 1 , 201 0 1 18. Prior to the commencement of construction for the improvements delineated on 2 the PCD Master Plan, the Applicant shall provide all necessary construction zone 3 signage and fencing as required by the Director of Engineering. (Director of 4 Engineering) 5 6 19. Prior to construction plan approval or the issuance of the first land alteration 7 permit for any of the improvements delineated on the PCD Master Plan, whichever 8 occurs first, the Applicant shall provide a cost estimate and surety in accordance with 9 the LDRs and a cost estimate for on-site project improvements, not including public 10 infrastructure (please see the definition of public infrastructure within the City Code), or 11 landscaping and irrigation costs for review and approval by the City. The cost estimates 12 shall be signed and sealed by an engineer and/or a landscape architect licensed in the 13 State of Florida and shall be posted with the City prior to the issuance of the first land 14 alteration permit. (Director of Engineering) 15 16 20. The construction, operation, and/or maintenance of any elements of the subject 17 project shall not have any negative impacts on the existing drainage of surrounding 18 areas. If at any time during the project development it is determined by the City that any 19 of the surrounding areas are experiencing negative drainage impacts caused by the 20 project, it shall be the Applicant's responsibility to resolve said impacts in a period of 21 time and a manner acceptable to the City prior to additional construction activities. The 22 City may cease issuing building permits and/or Certificates of Occupancy until all 23 drainage concerns are resolved. (Director of Engineering) 24 25 21 . Prior to the issuance of each infrastructure permit for the improvements 26 delineated on the PCD Master Plan, the Applicant shall provide proper documentation 27 to the City, in a form satisfactory to the City Attorney, from the applicable utility 28 providers authorizing the location of landscaping and light poles within the utility 29 easements. (Director of Engineering) 30 31 22. The Applicant shall comply with all Federal Environmental Protection Agency and 32 State of Florida Department of Environmental Protection permit requirements for 33 construction activities. (Director of Engineering) 34 35 23. Prior to the issuance of each infrastructure permit for the improvements 36 delineated on the PCD Master Plan, the Applicant shall provide construction plans, 37 including, but not limited to, paving, grading, and drainage plans, along with surface 38 water management calculations and hydraulic pipe calculations for City review and 39 approval. The paving, grading, and drainage plan and calculations shall be signed and 40 sealed by an engineer licensed in the State of Florida. (Director of Engineering) 41 42 24. Prior to the issuance of the land alteration permit of any infrastructure phase of the 43 PCD, the Applicant shall plat said infrastructure phase to include all existing .and proposed 44 easements and like encumbrances in accordance with the LDRs for City Council approval. 45 (Director of Engineering, Planning & Zoning) 46 6 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 Resolution 1, 2010 25. Prior to the issuance of each infrastructure permit for the improvements delineated on the PCD Master Plan, the Applicant shall provide a signed and sealed photometric plan for the infrastructure being applied for and submit a site lighting permit. (Director of Engineering) 26. Prior to the commencement of construction associated with each infrastructure permit for the applicable improvements delineated on the PCD Master Plan, the Applicant shall schedule a pre-construction meeting with City staff. (Director of Engineering) 27. Prior to the issuance of the Certificate of Completion for each infrastructure permit, the Applicant shall provide copies of the required FOOT testings for the City's review and approval. (Director of Engineering) 28. All lakes shall have at least one aerator/fountain. Prior to the site plan approval process for any site plan that includes a lake within the PCD, the Applicant and its successors or assigns shall demonstrate to the satisfaction · of the Director of Engineering that each lake includes an adequate number of aerators/fountains to avoid water stagnation. The total number shall include consideration of the size of each lake and the proper placement of the aerators/fountains. (Director of Engineering) 29 A boundary plat shall be required for the east side of the PCD prior to any further subdivision of land on the east side of the project. A boundary plat shall be required for the west side of the PCD prior to any further subdivision of land on the west side of the project. All parcels depicted on the PCD Master Plan (i.e., Parcels A through H) shall be separately platted and shall require City Council approval. Subsequent subdivisions within each of these aforementioned parcels may occur by metes and bounds in accordance with Section 78-592 of the City's LDRs (i.e., nonresidential uses and nonresidential parcels only). (Director of Engineering) SECTION 5. This Planned Community Development is hereby approved subject to strict compliance with the Exhibits attached hereto and made a part hereof, as follows: Exhibit 1. Exhibit2. Exhibit 3. List of Permitted Uses, prepared by Urban Design Kilday Studios, 2 Sheets, dated October 08, 2009, and received by the City on November 16,2009. Urban and Architectural Design Guidelines, prepared by Urban Design Kilday Studios, Pages 1 through 73, dated January 2010, and received by the City on January 6, 2010. Scripps Florida Phase 11/Briger Tract PCD Master Plan, prepared by Urban Design Kilday Studios, 1 Sheet, dated March 2, 2010, and received by the City on March 8, 201 o. 7 Resolution 1, 201 0 1 Exhibit 4. Scripps Florida Phase 11/Briger Tract PCD 80-foot, 100-foot, and 120-foot 2 Roadway Cross Sections, 3 Sheets, dated and received by the City on 3 November 16, 2009. 4 5 Exhibit 5. Scripps Florida Phase 11/Briger Tract PCD Overall Landscape Buffer Plan, 6 Sheets 1 through 18, dated and received by the City on November 16, 7 2009. 8 9 SECTION 6. Any and all future amendments to the Scripps Florida Phase 1 0 11//Briger Tract PCD shall be approved by Resolution of the City Council, except as 11 otherwise provided in the Palm Beach Gardens Code of Ordinances. 12 13 SECTION 7. This Resolution shall become effective immediately upon adoption, 14 and this approval shall be subject to and consistent with all previous approvals, if any, 15 except as specifically modified herein. 16 17 18 19 (The remainder of this page intentionally left blank) 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 8 Resolution 1, 2010 1 2 3 . PASSED AND ADOPTED this ls;r day of---ffl£_...A ....... I'-"'l.,___ ____ , 2010. 4 5 6 7 8 _....... :-- 9 ."'·-... 10 ·~ AtrEST: 1i-~ .. :. : .--:. 11 -.·. ~~ 13_. · -av::::.::-~ 14 .-:·~-.. -patricia Snider, CMC, City Clerk 15 . . . ,.:.; . .,...... ·". 16 .-. -:::-· 17 APPROVED AS TO FORM 18 AND LEGAL SUFFICIE 19 20 CITY OF PALM BEACH GARDENS, FLORIDA BY: __ ~_q_._(}...L.-~-7~~~~-------- David Levy, ~- 21 BY: 22 ~=-~~~~----------- 23 24 25 26 VOTE: 27 28 MAYOR LEVY 29 30 VICE MAYOR PREMUROSO 31 32 COUNCILMEMBER RUSSO 33 34 COUNCILMEMBER JABLIN 35 36 COUNCILMEMBER BARNETT 37 38 39 40 41 42 43 44 45 AYE NAY ABSENT L ./ 46 47 G :\attomey_share\RESOLUTIONS\201 0\Resolution 1 2010 -briger pcd-Final-3-18-1 O.docx 9 Resolution 1, 2010 EXHIBIT "A" LEGAL DESCRIPTION: THAT PORTION OF SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 01°20'36" WEST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE SOUTH 01°20'36" WEST ALONG SAID EAST LINE, A DISTANCE OF 2544.53 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 26; THENCE SOUTH 01°17'32" WEST ALONG SAID EAST LINE, A DISTANCE OF 2619 .91 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00°48'03" WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 1373.03 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HOOD ROAD, AS DESCRIBED IN DEED BOOK 1146, PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88°06'56" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 639.65 FEET TO THE EAST LINE OF THE LAND DESCRIBED AS PARCEL 280 8(2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, ·PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 B(2), NORTH 01 °53 '04 " EAST, A DISTANCE OF 70.00 FEET; THENCE NORTH 88°06'56" WEST, A DISTANCE OF 32.20 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 52.96 FEET; THENCE NORTH 01°53'04" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 01 °53'04" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 308.19 FEET; THENCE NORTH 88°06'56" WEST, A DISTANCE OF 117.31 FEET; THENCE NORTH 00°49'08" EAST, A DISTANCE OF 291.34 FEET; THENCE NORTH 89°10'53" WEST, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 280 B(2), BEING ALSO ON THE WEST LINE OF THE EAST 40 .00 FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE NORTH 00°49'08"· EAST ALONG SAID WEST LINE, A DISTANCE OF 942.23 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89°24'49" WEST ALONG SAID NORTH LINE, A DISTANCE OF 658.23 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF ~ 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE SOUTH 00°49'41" WEST ALONG SAID WEST LINE, A DISTANCE OF 549.73 FEET TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN PARCEL 280 A(1) IN SAID ORDER OF TAKING RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 A(1), NORTH Resolution 1, 2010 28°00'09" WEST , A DISTANCE OF 626.06 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE CONTINUE NORTH 28°00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 3541.88 FEET; THENCE NORTH 24°00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 546.72 FEET TO THE BEGINNING OF A CURVE THEREIN, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5635.58 FEET; THENCE NORTHWESTERLY, A DISTANCE OF 544.09 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°31'54" TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID BOUNDARY, NORTH 18°28'1 5" WEST, A DISTANCE OF 543.08 FEET; THENCE NORTH 14°39'25" WEST, A DISTANCE OF 177.27 FEET; THENCE NORTH 11°29'21 " EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 63°46'51 " EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 89°55'36" EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87°37'27" EAST, A DISTANCE OF 296.35 FEET; THENCE NORTH 89°55'45" EAST, A DISTANCE OF 302.02 FEET; THENCE NORTH 00°04'15" WEST, A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 280 B(3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 280 B(3), AS DESCRIBED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 , SAID LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF ADDITIONAL RIGHT-OF-WAY FOR DONALD ROSS ROAD AS DESCRIBED IN OFF ICIAL RECORD BOOK 21129 , PAGE 118, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, NORTH 89°55'45" EAST, A DISTANCE OF 1216.68 FEET ; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 45°04'14" EAST, A DISTANCE OF 56.57 FEET; THENCE ALONG THE EAST LINE OF SAID ADDITIONAL RIGHT-OF-WAY, NORTH 00°04'14" WEST, A DISTANCE OF 65.00 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 89°55'46" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 2369.16 FEET TO THE POINT OF BEGINNING. CONTAINING 475.31 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 00°36'37" EAST ALONG THE WEST LINE OF SAID SECTION , A DISTANCE OF 4365.67 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 280 A(1) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 34°23'37" EAST, A DISTANCE OF 112.80 FEET; THENCE SOUTH 33°14 '52 " EAST, A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11365.16 FEET; THENCE SOUTHEASTERLY, A DISTANCE OF 813.16 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°05'58" TO A POINT OF TANGENCY; THENCE SOUTH 29°08'54" EAST, A DISTANCE OF 1199.30 FEET: THENCE SOUTH 28°00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 2426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE SOUTH 28°00'09" EAST Resolution 1, 2010 ALONG SAID BOUNDARY, A DISTANCE OF 1464.87 FEET; THENCE NORTH 89°04'14" WEST ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN PARCEL280 8(1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.10 FEET; THENCE SOUTH 86°53'01" WEST ALONG SAID NORTH LINE, A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE NORTH 88°06'56" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 518.05 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 35; THENCE NORTH 00°50'35" EAST ALONG SAID EAST LINE, A DISTANCE OF 628.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE NORTH 89°02'37" WEST, A DISTANCE OF 658.29 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4); . THENCE SOUTH 00°50'56" WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), A DISTANCE OF 617.85 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE NORTH 88°06'56" WEST ALONG SAID NORTH LINE, A DISTANCE OF 392.92 FEET TO A POINT ON THE NORTH LINE OF THE FLORIDA'S TURNPIKE RIGHT-OF-WAY AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT BOOK 70, PAGE 443, PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR [4] COURSES: NORTH 01°53'04" EAST, A DISTANCE OF 10.00 FEET; NORTH 88°06'56" WEST, A DISTANCE OF 350.00 FEET; THENCE NORTH 83°28'53" WEST, A DISTANCE OF 503.22 FEET; THENCE NORTH 89°00'28" WEST, A DISTANCE OF 73.33 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE NORTH 00°51'38" EAST ALONG SAID WEST LINE, A DISTANCE OF 1204.18 FEET TO THE POINT OF BEGINNING. CONTAINING 206.38 ACRES, MORE OR LESS. 1 RESOLUTION 102, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO 6 EXECUTE THE SCRIPPS FLORIDA PHASE 11/BRIGER 7 DEVELOPMENT OF REGIONAL IMPACT PROPORTIONATE 8 SHARE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND 9 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 this agreement; and 16 17 WHEREAS, the City received petition PDRI-09-02-000002 from Lester Family 18 Investments, L.P ., et al. and Palm Beach County for approval of a Development of 19 Regional Impact (DRI) for the Briger Tract, consisting of 2.6 million square feet of 20 biotech research and development, 1.2 million square feet of office space, 300 hotel 21 rooms, 500,000 square feet of retail, and 2,700 residential units; and 22 23 WHEREAS, the proportionate share mitigation payments are authorized 24 pursuant to Sections 163.3180(12) and 380.06, Florida Statutes, and Rule 9J 2.045(7), 25 Florida Administrative Code to address the traffic impacts anticipated from the 26 development of the DRI throughout build-out; and 27 28 WHEREAS, the payment requirements and schedule contained within the 29 agreement will result in the amount of proportionate share payments made throughout 30 the life of the DRI; and 31 32 WHEREAS, the City Council has considered the evidence and testimony 33 presented by the Applicant and other interested parties and the recommendations of the 34 various City of Palm Beach Gardens' review agencies and staff; and 35 36 WHEREAS, the City Council deems approval of this Resolution to be in the best 37 interests of the health, safety, and welfare of the residents and citizens of the City of 38 Palm Beach Gardens and the public at large. 39 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 42 OF PALM BEACH GARDENS, FLORIDA that: 43 44 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 45 46 Resolution 1 02, 2009 1 SECTION 2. The City Council hereby authorizes the Mayor to execute the Scripps 2 Phase II Briger/DRI Proportionate Share agreemen t. 3 4 SECTION 3. This Resolution shall become effective immediately upon adoption. 5 6 7 8 (The remainder of this page intentionally left blank) 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 2 Resolution 102,2009 1 2 3 PASSED AND ADOPTED this lk day of_.......'Mo.;;..;~.........:-..;:· (.,'------• 2010. 4 5 6 7 8 9 _ ... - 10 ATTEST: 11 ·:.· 12 . 13 ~-/7 -··/} / 14 . BY: ~JJ< ~ 15 -_.. PatriCiaSnidef.CMC, City Clerk 16 . 17 18 APPROVED AS TO FORM AND 19 LEGAL SUFFICIENCY 20 21 22 CITY OF PALM BEACH GARDENS, FLORIDA BY:~ /()~~-- ---~0-av-id ....... e-e-vy-, M_a_y_o..Lr ---- 23 BY:__,e.=-:....--+,~~~===========- 24 25 26 27 28 VOTE: 29 30 MAYOR LEVY 31 32 VICE MAYOR PREMUROSO 33 34 COUNCILMEMBER RUSSO 35 36 COUNCILMEMBER JABLIN 37 38 COUNCILMEMBER BARNETI 39 40 41 42 43 44 45 AYE NAY ABSENT / ,/ v / / 46 47 G:\attomey_share\RESOLUTIONS\2009\Resolution 102 2009-briger proportionate share agmt.docx 3 THE SCRIPPS FLORIDA PHASE 11/BRIGER PROPORTIONATE SHARE AGREEMENT This Scripps Florida Phase II/Briger Proportionate Share Agreement (hereinafter "Agreement") is made and entered into as of this l,w-day of --CM~~....;_I_'-___ ~, 20~ by and between the Lester Family Investments L.P ., Richard Thall, Robert Thall, Peter L. Briger, Paul H. Briger, and the David Minkin Florida Realty Trust dated December 12, 1996 (hereinafter "Lester"), Palm Beach County, a political subdivision of the State of Florida (hereinafter "County"), the City of Palm Beach Gardens, Florida, a municipal corporation (hereinafter "City"), District Four of the Florida Department of Transportation, an agency of the State of Florida (hereinafter "FDOT''), and the Florida Department of Transportation Florida's Turnpike Enterprise (hereinafter "FTE"). Wl1NESSETH: WHEREAS, the County and Lester (hereinafter jointly referred to as "Applicants" are joint applicants of that certain Development of Regional Impact (hereinafter "DRI") known as the Scripps Florida Phase ll/Briger DRI (hereinafter "Project") located on certain real property in Palm Beach Gardens, Florida, as more particularly described on Exhibit A attached hereto (hereinafter the "Property"); and WHEREAS, the County and Lester desire to provide for proportionate share mitigation payments pursuant to section 163.3180(12), and section 380.06, Florida Statutes, and Rule 9J- 2.045(7), Florida Administrative Code, to address the traffic impacts anticipated from development of this Project throughout build-out; and WHEREAS, the County and Lester seek approval of the DRI by the City, and a certification of concurrency reservation for 2.6 million square feet of Industrial/R&D/biotech 1 --------------------------------------------------~ uses, 1.2 million square feet of office uses, 500,000 square feet of retail uses, 2,700 residential units, and 300 hotel rooms for the Property more specifically described on Exhibit A; and WHEREAS, the Property owned by the Lesters (hereinafter "Lester Property'') described on the attached Exhibit B seeks approval of and certificate of concurrency reservation for the following uses: 1.0 million square feet of IndustriaVR&D/biotech, 1.2 million square feet of office uses, 500,000 square feet of retail, 2, 700 residential units, and 300 hotel rooms; and WHEREAS, the property described in the attached Exhibit C (hereinafter "County PropertY') seeks approval of and certificate of concurrency reservation for the following uses which are consistent with the Grant Agreement between Palm Beach County and Scripps Research Institute: 1.6 million square feet of Industrial/R&D/biotech; and WHEREAS, Lester and the County have agreed that their respective share of the total proportionate share obligation under this Agreement shall be 79.74 percent for the Lester Property and 20.26 percent for the County Property as more fully set forth herein; and WHEREAS, pursuant to section 163.3180(12), and section 380.06, Florida Statutes, and Ru1e 9J-2.045(7), Florida Administrative Code, FDOT, FTE, the County, and the City have agreed to accept the Project's proportionate share payment as adequately mitigating the transportation impacts of the Project on significantly impacted state and regional roadways within the respective jurisdiction of the .foregoing through build-out. Payment of the Project's proportionate share shall satisfy the transportation concurrency requirements of the County and City's Comprehensive Plan~ concurrency management systems, traffic performance standards, Section 380.06, and Chapter 163.3180 as maybe amended from time to time; and WHEREAS, the approved traffic study for the DRI identifies the timing and development phasing for the required proportionate share payments; and 2 WHEREAS, the payment schedule contained in this Agreement provides for the County's Advance Payment at the beginning of the Project, County Property Fee payments upon the issuance of Building Permits for vertical construction (hereinafter "Building Permits") on the County Property, impact fee payments and proportionate share payments by phase for the development of the Lester Property, and the reimbursement to the County of its Advance Payment with interest at the end of the Project after the total required proportionate share payment has been made; and WHEREAS, the payment requirements and schedule contained in this Agreement will result in the amount of proportionate share payments made throughout the life of the Project being in conformity with the schedule of payments contained in the approved traffic study. NOW, THEREFORE, for and in consideration of these premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County, Lester, FDOT, FTE and the City, do hereby covenant, stipulate and agree as follows: 1. Incorporation of recitals. The foregoing recitals are true and correct and hereby incorporated by the parties as part of this Agreement as if fully set forth herein. 2. Determination of proportionate share payments. A. The parties hereto acknowledge and agree that the attached Table 1 contains the proportionate share contribution required at each phase, the peak hour trip thresholds for each phase, a priority list of improvements that are to be constructed and/or implemented to mitigate transportation impacts, an identification of the government agency with maintenance responsibility over each improvement, and the estimated cost of each improvement. Lester and the County have agreed that each shall be responsible for a Part of the total proportionate share contribution, with the obligation for the Lester Property contained in Paragraph 4.B. and the 3 County Property obligation contained in Paragraph 4.C. FDOT, FTE, the County, and the City acknowledge and agree that these payments adequately mitigate offsite transportation impacts of the Project on all state and regional roadways through build-out, and shall be final and binding as required by Section 163.3180(12), Florida Statutes, Chapter 380, Florida Statutes, and Chapter 91-2.045, Florida Administrative Code. The County and the City further acknowledge and agree that, as long as payments are timely made consistent with this Agreement, payment of the Project's proportionate share shall satisfy the transportation concurrency requirements of the County and City's Comprehensive Plan, concurrency management systems, and traffic performance standards. Lester and the County acknowledge and agree that the proportionate share payments and the improvements listed in Table 1 do not include the committed developer improvements for internal project roads and project intersection/entrance improvements along Donald Ross Road, Hood Road and Grandiflora Road as specified in the adopted DRI Development Order, and that development of the Project is phased to those improvements as specified in the Development Order. B. In recognition that construction prices may change over the life of the project, any portion of the Lester Property proportionate share not paid on or before January 1 , 2011, shall be subject to the following escalator calculation: The cost adjustment for the total amount of each payment shall be based on the Bureau of Labor Statistics Producer Price Index (PPI) for Highway and Street Construction Industries (BHWY- Highway and Street Construction). The starting point for the index comparison shall be January 2010. The payment shall be adjusted by the percentage change in the PPI from the January 201 0 starting point to the most recently published PPI value (including preliminary values) at the time of the proposed payment. 4 C . Any portion of the County's Advance Payment pursuant to paragraph 5.A not paid on or before January 1, 2011, shall be subject to the same escalator calculation contained in paragraph 2.B. 3. Allocation and Timing of Project's proportionate share payments. A. All proportionate share payments made pursuant to this Agreement shall be made directly to Palm Beach County. The parties hereto acknowledge and agree that proportionate share payments received shall be allocated to the improvements in the priority order set forth in Table 1, as it may be amended pursuant to paragraph 8. The County shall establish a separate account (hereinafter "Proportionate Share Trust Accountn) for the management and disposition of proportionate share payments, which shall be distributed to the appropriate governmental agency consistent with the terms of this Agreement. B. The monies allocated to the County for improvements in phases l, 2 and 3 shall be adjusted to include the full cost of the improvements, including but not limited to design costs, right-of-way acquisition, construction and construction engineering inspection. As long as there are sufficient funds in the Proportionate Share Trust Account for all or part of these improvements and all preceding improvements (including the applicable portion of the FTEIFDOT Reserve Funds, as defined in paragraph 3.D. below), the County shall be authorized to withdraw the estimated cost for each phase of each improvement according to the following schedule: i. For design, no sooner than 30 days prior to award of a design contract for the improvement, and ii. For right of way acquisition, no sooner than 30 days following submittal of 65 percent design plans by the design consultant, and 5 iii. For construction, no sooner than 30 days prior to award of a construction contract for the improvement. Upon completion of an improvement, if the actual cost of the improvement exceeded the funds withdrawn by the County, the County shall be authorized to withdraw additional funds from the Proportionate Share Trust Account up to the difference. If the actual cost of all phases of the improvement is less than the funds withdrawn by the County, the County shall return excess funds to the Proportionate Share Trust Account. If there are not sufficient funds in the Proportionate Share Trust Account for any phaSe of these improvements, the County shall have the option to advance the payment and then withdraw funds for expenses incurred when funds become available. The County shall establish estimated costs for right of way acquisition and construction upon receipt of 96 percent design plans for each of these improvements and reserve these funds in the Proportionate Share Trust Accmmt (hereinafter "Reserve Funds"). C . The monies allocated to the City for improvements in phases 3 and 4 shall be adjusted by the escalator percentage applied to the Lester phase 3 and phase 4 proportionate share payments, respectively, pursuant to paragraph 2.B. As long as there are sufficient funds in the Proportionate Share Trust Account for all or a part of the City improvements and all preceding improvements (including the Reserve Funds and the applicable portion(s) of the FTE!FDOT Reserve Funds, as defined in Paragraph 3.D. below), the City shall be authorized to withdraw funds for its improvements in the priority order shown in Table 1, as it may be amended pursuant to paragraph 8. The City may elect to make a partial withdrawal based on availability of funds and then withdraw the balance of its allocation when funds become available. D. The monies allocated to FTE and FDOT for improvements in phases 3 and 4 shall be adjusted by the escalator percentage applied to the Lester phase 3 and phase 4 proportionate 6 share payments, respectively, pursuant to paragraph 2.B. AB long as there are sufficient funds in the Proportionate Share Trust Account for an FTE or FDOT improvement and all preceding improvements (including the Reserve Funds), and FTE or FDOT can demonstrate that its own funds were expended in the construction of its respective improvement(s) in Table 1, FTE or FOOT shall be authorized to withdraw the funds for their respective improvements in the priority order shown in Table 1, or as amended pursuant to paragraph 8. The withdrawal amount shall be the actual funds expended or the allocated amount in Table 1 after escalator adjustment, whichever is less. If FTE or FDOT is not eligible to withdraw funds at the time funds are available for a specific improvement, the allocated funds in Table I for that improvement shall be reserved in the Proportionate Share Trust Account (hereinafter ''FTEIFDOT Reserve Funds"). FTE or FDOT shall have eighteen (18) months from the time the trip threshold for the phase preceding the improvement is exceeded to demonstrate that the allocated funds and the associated improvement have been programmed in the FDOT 5-Year Work Program and another five (5) years to demonstrate that funds have been expended towards the improvement, or the allocated funds in Table 1 shall be forfeited and the allocation of funds shall proceed to the next unfunded improvement in Table 1. E. The monies allocated to the County for intersection improvements in phase 4 shall be the total proportionate share payment for the Project after escalator adjustments, including any accrued interest in the Proportionate Share Trust Account, less the monies allocated for all other improvements in Table 1 as it may be amended pursuant to paragraph 8. AB long as there are remaining funds in the Proportionate Share Trust Account for intersection improvements and all preceding improvements (including the Reserve Funds and the FTEIFDOT Reserve Funds), the 7 County shall be authorized to withdraw the funds for these improvements in the priority order shown in Table 1 as it may be amended pursuant to paragraph 8. F. FDOT, FTE, the County and the City acknowledge and agree that, as long as the payments are timely made under this Agreement, the payment amounts set forth in Table 1, as adjusted pursuant to paragraphs 2.B. and 2.C., adequately mitigate the transportation impacts of the Project on all state and regional roadways through Project buildout. FDOT, FTE, the County and the City agree that the contributed monies received by each entity shall only be used for improvements listed in priority order in Table l, as it may be amended pursuant to paragraph 8. If the adjustments to distributed monies in paragraph 3.B. above result in inadequate funds to complete all improvements shown in Table 1, the available funds shall be allocated to each entity in the priority order in Table 1 until exhausted. Each entity agrees to expeditiously apply the received money to construction and/or implementation of the listed improvements. Delay of improvements or revisions to the improvements shall have no bearing on the ability of the Applicants to pull building permits or develop the DRI. G. The County shall immediately notify the City in writing whenever a proportionate share payment is made by or received by the County. The notice shall include the date the payment was made or received and the amount of the payment. For County road impact fees and \ County Property Fees collected and deposited in the Proportionate Share Trust Account pursuant to Paragraphs 4.C., 6.A., and 6.B., the County shall notify the City twice per year, and additionally upon written request, of the amount deposited in the Proportionate Share Trust Account from these County road impact fees and County Property Fees. 4. Project thresholds, timing of payment. 8 A. The Project trip thresholds and proportionate share payments shall be tracked independently for the Lester Property and the County Property as shown in Table 1. However, the cumulative trips associated with both Properties may only exceed the cumulative trips for a given phase if the total proportionate share payments received (including the County's Advance Payment) meet or exceed the cumulative required Proportionate Share payment for the subsequent phase. B. The Lester Property shall be responsible for a total of $17,707,143 of the total proportionate share payment of$22,206,099. All payments made after January 1, 2011, shall be subject to the escalator provision set forth in Paragraph 2.B. As to the Lester Property: (i) No Building Permits shall be issued for the Lester Property until the Lester Part of proportionate share Payment One in the amount of$350,779 is paid to Palm Beach County as set forth in Table 1. The Lester Property shall receive a credit for road impact fees in this amount upon receipt of the payment. (ii) Building Permits shall not be issued for uses generating more than 1,204 net AM peak hour trips or 2,036 net PM peak hour trips for the Lester Property until the Lester Part of proportionate share Payment Two in the amount of $4,182,614.00 is paid to Palm Beach County as set forth in Table 1. The amount due shall be reduced by the amount of road impact fees paid through the due date for this proportionate share payment. (iii) Building Permits shall not be issued for uses generating more than 1,993 net AM peak hour trips or 2,761 net PM peak hour trips on the Lester Property until the Lester Part of proportionate share Payment Three in the amount of$7,476,413.00 is paid to Palm Beach County. The amount due shall be reduced by the amount of road impact fees paid through the due date for this proportionate share payment that were not applied toward earlier proportionate share payments. (iv) Building Permits shall not be issued for uses generating more than 2,546 net AM peak hour trips or 3,279 net PM peak 9 hour trips on the Lester Property until the Lester Part of proportionate share Payment Four in the amount of$5,697,338.00 is paid to Palm Beach County. The amount due shall be reduced by the amount of road impact fees paid through the due date for this proportionate share payment that were not applied toward earlier proportionate share payments. The Lester Property shall receive a credit for road impact fees equal to the final amount of each proportionate share payment upon receipt of the paynient. Upon receipt of proportionate share Payment Four, the Lester Property shall be deemed to have met its obligation under this Agreement and shall be fully vested for transportation concurrency purposes to develop the uses approved for the Lester Property. C. The County Property shall be responsible for a total of $4,498,956 of the total proportionate share payment of $22,206,099. The County's Advance Payment pursuant to paragraph S.A. constitutes a prepayment of the proportionate share obligation, including the full obligation for the County Property. In order to provide funds to reimburse the County for the Advance Payment, development of the County Property shall be subject to the following fee: No Building Permits shall be issued for the County Property until the pennit applicant makes a payment to Palm Beach County in the amount of $2.82 per . gross square foot of Industrial/R&D/biotech building area included in the permit being sought (hereinafter "County Property Fee"). This County Property Fee shall be increased at a rate of three (3) percent compounded annually starting on the date the County makes the Advance Payment and continuing through the date of the payment of the County Property Fee. If the permit contains any development that is not considered Industrial/R&D/biotech square footage, that square footage will be converted to its equivalent in Industrial/R&D/biotech square footage using the DRI transportation land use conversion Matrix for purposes of calculating the County Property Fee owed for that building permit application. All County Property Fee payments shall be made 10 directly to Palm Beach County. The permit applicant must provide a receipt for payment of the County Property Fee from Palm Beach County to the City prior to the issuance of the building pennit. The receipt for payment of the County Property Fee must include the amount of development covered by the payment, the net AM peak hour trips and net PM peak hour trips covered by the payment, and the amount of any additional impact fee or other legislatively adopted alternative fee payment that must be paid prior to the issuance of any building pennit. All County Property Fee payments received by the County shall be deposited in the Proportionate Share Trust Account. Once the County has collected $4,498,956 in unadjusted County Property Fees (unadjusted County Property Fees are the County Property Fees collected at the base rate of $2.82 per square foot of fudustrial/R&D/biotech and excludes any County Property Fees collected as a result of the three (3) percent increase compounded annually to the base rate of $2.82 ), no further County Property Fee payments shall be required and the County Property shall be deemed to have met its obligation under this Agreement and shall be fully vested for transportation concurrency purposes to develop the uses approved for the County Property. D. In order to ensure that development of a portion of the Project may continue without limitation relating to future required proportionate share payments, a property owner may elect to prepay County road impact fees, prepay County Property Fees, or assign a County road impact fee credit obtained through a proportionate share payment to a specific parcel(s). Prepaid County road impact fees shall be paid to the City. Prepaid County Property Fees shall be paid to the County. The assignment of County impact fee credit must be provided in writing to the County Impact Fee Coordinator with a copy to the County Traffic Director and must include the specific parcel(s) receiving the credit, the amount of the credit, the uses and intensities receiving 11 the credit and the number of net AM peak hour trips and net PM peak hour trips associated with the credit. The County shall notify the City in writing when a prepayment of County Property Fees has occurred and when an assignment of County road impact fee credits has occurred. The written notice from the County must include the specific parcel covered by the prepayment or assignment, the uses and densities/intensities associated with the prepayment or assignment, and the nwnber of net AM peak hour trips and net PM peak hour trips that are covered by the prepayment or assignment. E. The net AM peak hour trips and net PM peak hour trips generated by development that has received a building permit, prepaid County road impact fees or County Property Fees, or had County road impact fee credit specifically assigned to it shall be added together by the City to calculate currently utilized trips (hereinafter "Currently Utilized Trips"). Net AM peak hour trips and net PM peak hour trips associated with prepaid County road impact fees, prepaid County Property Fees or the assignment of County road impact fees shall not be considered Currently Utilized Trips until the City issues a written confirmation specifying the amount of net AM peak hour trips and PM peak hour trips that are recognized as Currently Utilized Trips. Prior to issuing such written confirmation, net AM peak hour trips and net PM peak hour trips covered by the prepayment of County road impact fees, prepayment of County Property Fees or the assignment of County road impact fee credit shall be added to the Currently Utilized Trips in order to determine if any threshold for making a proportionate share payment in Paragraphs 4.A. {Total Project) or 4.B. (Lester Property) is exceeded. If any of the additional trips would result in any threshold in Paragraphs 4.A. or 4.B being exceeded, the City shall issue the written confirmation only for the amount of trips that do not exceed any threshold for making a proportionate share payment. Any trips resulting from the prepayment of impact fees, the 12 prepayment of County Property Fees, or the as~ignment of impact fee credit that were not confinned as Currently Utilized Trips because a threshold for a proportionate share payment in Paragraphs 4.A. or 4.B. was exceeded shall be re-evaluated once the required proportionate share payment is made. Development that is included in the Currently Utilized Trips may continue to pull building permits without limitation relating to any future required proportionate share payments. F. Prior to the issuance of any building permit for development not already included in the Currently Utilized Trips, net AM peak hour trips and net PM peak hour trips generated by new development seeking building pennits shall be added to the Currently Utilized Trips in order to detennine if any threshold in Paragraphs 4.A. and 4.B. is exceeded. No building pennits for development that would exceed any threshold in Paragraphs 4.A. and 4.B. shall be issued until the required proportionate share payment is made. 5. County Advance Payment. A. The County has detennined that a thriving biomedical industry is critical to the continued economic development ofPalm Beach County and that successful development of the Project will further advance this significant public interest. In recognition of this interest, the County agrees to advance payment in the amount of Six Million ($6,000,000) Dollars ("Advance Payment") in order to expedite the improvement of Donald Ross Road from I-95 to Heights Boulevard including necessary interchange improvements at Donald Ross Road and I-95. This payment shall be made no later than 180 days after the effective date of the DRI Development Order. B. The County shall be entitled to repayment of the Advance Payment plus interest at a rate of three (3) percent compounded annually starting on January 1, 2010 and continuing 13 through the time of the repayment. Repayment may only occur once the total proportionate share payment, which is $22,206,099 plus any additional adjustments based on the escalator calculations in paragraphs 2.B. and 2.C. and including the County's Advance Payment has been received and deposited in the Proportionate Share Trust Account (hereinafter ''Repayment Funding Condition"). The County may only withdraw funds in the Proportionate Share Trust Account that are in excess of the Repayment Funding Condition funds (hereinafter "Excess Funds"), as repayment for its Advance Payment. fu no event shall the County be entitled to use any of the Repayment Funding Condition funds for reimbursement of the Advance Payment. The County understands and acknowledges that there may not be sufficient Excess Funds to cover the full reimbursement. 6. Road Impact Fees. A. The Lester Property shall be subject to Palm Beach County road impact fees pursuant to Article 13 of the Unified Land Development Code, as may be amended and/or replaced by legislatively mandated suitable alternative (e.g. ·mobility fee). Development on the Lester Property will pay such road impact fees beginning with the first building permit less any credits established through the payment of Proportionate Share obligations. Until the full proportionate share amount for the Lester Property has been paid, all impact fees or alternative fees such as a mobility fee collected by the County for this Project shall be deposited in the Proportionate Share Trust Account. B . Development on the County Property shall be subject to Palm Beach County road impact fees pursuant to Article 13 of the Unified Land Development Code. The County Property Fee shall be a credit against any impact fee or other legislatively adopted alternative fee. So long as the County Property Fee due at time of issuance of building pennit exceeds the road impact 14 fee required for the same permit, no impact fee is paid. In the event that the road impact fee payment or legislatively adopted alternative fee (e.g. mobility fee) required for a building permit exceeds the amount required by this Agreement, the permit applicant shall be responsible for paying the amount of the impact fee or other legislatively adopted alternative fee not offset by the County Property Fee. Any impact fees, mobility fees or other legislatively adopted fees collected by the County pursuant to this paragraph shall not be deposited in the Proportionate Share Trust Account. The receipt issued by the County for payment of the County Property Fee shall specify the amount of any impact fee or other legislatively adopted fee that must be paid prior to the issuance of a building permit. C . Any road impact fees due shall be collected by Palm Beach Gardens prior to issuance of the building pennit(s) requiring their payment. The City shall clearly identify these road impact fees as relating to this Project and shall transfer them to Palm Beach County. Until the full proportionate share amount for the Lester Property has been paid, the County shall deposit the fees collected pursuant to Paragraph 6.A. in the Proportionate Share Trust Account. 7. Contribution in lieu of assessment for off-site improvements . Northern Palm Beach County Improvement District ("the District") has created its Unit of Development No. 2C ("Unit No. 2C'') which encompasses the Property and at some point in the future, the District may issue bonds in order to finance the construction of on-site and off-site public infrastructure for the benefit of some or all of the Property. In such event, the District and the other parties hereto acknowledge that the County's timely payment of the $6,000,000 specified in Paragraph 5 for construction of the therein identified off-site improvements shall for the purposes of the District's Unit No. 2C: (a) constitute a capital contribution in lieu of a District assessment for the District's construction of any of the off-site improvements described in attached Table 1, and (b) 15 the District shall not impose any Unit No. 2C assessments upon the County Property to pay for the District's construction, if any, of some or all of the off-site improvements described in attached Table 1. The District's conditioned consent to and acceptance of the terms, provisions and understandings set forth in this Paragraph 7 is attached hereto, identified as Exhibit D and incorporated herein by this reference. 8. Reallocation of Proportionate Share Payments to Alternative Improvements. The parties recognize that over the life of the Project, changed conditions may result in an Improvement identified in Table 1 being unnecessary, postponed to a later phase or no longer financially feasible. In order to ensure all proportionate share funds are applied to regionally significant transportation improvements to mitigate the Project's impacts, FDOT, FTE, the County and the City (hereinafter the "Government Parties,) may identify alternative improvements. FDOT, FTB, the County, and the City may reorder the priority of projects in Table 1 within and/or between development phases or reallocate proportionate share funds each has received to alternative improvements upon written consent of all the Government Parties. Delay of improvements or revisions to the improvements shall have no bearing on the ability of the Applicant to pull building pennits or develop the DRI. 9. Governing Law/Binding Effect. This Agreement shall be interpreted and governed by Florida law in effect as of the date of This Agreement. Each of the parties hereto warrants and represents that this Agreement is valid, binding and enforceable against them in accordance with the terms and conditions of Florida law. 10. Remedies. The parties hereto shall have all rights and remedies provided hereunder and under Florida law with respect to the enforcement of this Agreement and hereby acknowledge and agree that each party hereto shall have the right and remedy to bring an action or actions for 16 specific performance and such other equitable or injunctive relief as appropriate or necessary to enforce this Agreement. The parties agree that the venue for any enforcement action shall be the Circuit Court in and for Palm Beach County. 11 . Notice of Default. The parties acknowledge and agree that no party shall be considered in default for failure to perform under this Agreement until such party has received written notice specifying the nature of such default or failure to perform and said party fails to cure said default or fails to perform within thirty (30) days of receipt of written notice. 12. Notices. All notices which are required or pennitted under this Agreement shall be given to the parties by certified mail, return receipt requested, hand delivery, or express courier, and shall be effective upon receipt when delivered to the parties at the addresses set forth herein below (or such other address as provided by the parties by written notice delivered in accordance with this paragraph): As to: LESTER Howard Lester 44 Cocoanut Row Palm Beach, FL 33480 With copies to: Alan Ciklin Casey Ciklin Lubitz Martens & O'Connell Northbridge Tower I 515 North Flagler Drive, Suite 1900 West Palm Beach, FL 33401 17 and Chuck Lubitz Casey Ciklin Lubitz Martens & 0' Connell Northbridge Tower I 515 North Flagler Drive, Suite 1900 West Palm Beach, FL 33401 PALM BEACH COUNTY Shannon LaRocque, P.E. Assistant County Administrator Governmental Center 301 N Olive Ave. West Palm Beach, FL 33401 With Copies to: and Marlene Everitt, Esq. Assistant County Attorney Governmental Center 301 N Olive Ave. West Palm Beach, FL 33401 Tanya McConnell, P .E. Deputy County Engineer 2300 N Jog Road, Third Floor West Palm Beach, FL 33411-2745 18 CITY OF PALM BEACH GARDENS City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Fl33410 Attn: City Manager With a Copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Fl . 33410 Attn: City Attorney FLORIDA DEPARTMENT OF TRANSPORTATION-DISTRICT FOUR Florida Department of Transportation-District Four 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 Attn: James A. Wolfe, P.E. (District Secretary) FLORIDA DEPT. OF TRANSPORTATION-FLORIDA'S TURNPIKE ENTERPRISE Jennifer Olson, P.E. Deputy Executive Director and Chief Operating Officer Florida's Turnpike Enterprise PO Box 613069 Ocoee, FL 34761 13. Amendments. No amendment, modification or other changes in this Agreement shall be binding upon the parties unless in writing executed by all of the parties. 19 14. Successors and Assigns Bound. The rights and obligations contained in this Agreement shall be binding upon and shall inure to the benefit of the successors and 'assigns of the parties hereto, including any successor in title to the Lester Property, the County Property, or to all or any part of either Property. 15. Incorpor~tion into the DRI Development Order. This Agreement shall be attached as an exhibit to the DRI Development Order and incorporated therein by reference. 16. Recording. This Agreement shall be recorded in the Public Records of Palm Beach County at the joint applicants' expense. 17 . Effective Date and Tolling. This Agreement shall become effective upon the date it is executed by the last party to it and the DRI Development Order necessary for its implementation is effective. If the Development Order is tolled for a period of time pursuant to section 380.06(19)(c), Florida Statutes, due to pendency of or administrative or judicial proceeding relating to development permits, or the effectiveness of the development order is stayed by an appeal or challenge filed pursuant to Section 380.07(3)-(5), Florida Statutes, the obligations under this Agreement shall be tolled for the same peri?d of time. 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute duplicates of one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in manner and form sufficient to bind them as ofthe date set forth herein below. 20 [THIS PAGE INTENTIONALLY LEFT BLANK] 21 Signed, sealed and delivered in the presence of: · c:-~--,_ tlct.~s (Witness Signature) C havles Pr . Lul?,+z.- (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) 22 THE LESTER FAMILY INVESTMENTS L.P ., a Delaware limited partnership By: PHL Financial Consulting Co., Inc., as General Partner By:;/_~~ (Signature) . (Print Signatory's Name) Its: P~..s c.of/= E. L e s-1-1:.,.... lle~tdef'lf· RICHARD THALL ROBERT THALL Signed, sealed and delivered in the presence of: (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) ·,·/~~J(d,L (Witness Signature) , ~ Kt 1'1JII eth i<A Lt!VIJ~ ~ }1411/ (Print Witness Signature) vgp:f'~ ;). ) (Wi~Si~ture).~ ~' / ~·rti f<-r:. (~A~CV'\ (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) 22 THE LESTER FAMILY INVESTMENTS L.P ., a Delaware limited partnership By: PHL Financing Consulting Co., Inc., as General Partner By: (Signature) (Print Signatory's Name) Its: ROBERT THALL Signed, sealed and delivered in the presence of: (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) l ~~A~ (Witness Signature) v ~"'! tfW &\ r "\'Ill ~ (Print Witness Signature) .. ~\L;li ~ f}-(\fj;essiJnature) ./ f\·,ro'rxdj Gee~ (Print Witness Signature) '------------------ 22 THE LESTER FAMILY INVESTMENTS L.P ., a Delaware limited partnership By: PHL Financing Consulting Co., Inc., as General Partner By: (Signature) (Print Signatory's Name) Its: RICHARD THALL ~~~ .o~l~~. (Witn:SS S#ji~ '-r--7 ~ PETER L. BRIGE~ .1 LJ ffcl:::J_J ~JJ&i LL..,(_;..- (Print Witness Signature) .)_j &.~ rwitnesSSi/nature) " &,·~u s () u a.&> (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) 23 PAUL H. BRIGER THE DAVID MINKIN FLORIDA REALTY TRUST By: (Signature) (Print Signatory's Name) Its: (Witness Signature) (Print Witness Signature) of (\V)1n: · ature) o? ~ft-s ,'JCDJ (Print Witness Signature) (Witness Signature) (Print Witness Signature) (Witness Signature) (Print Witness Signature) 23 PETER L. BRIGER ;?u;;t / PAULH.BRIGER ~ TilE DAVID MINKIN FLORIDA REALTY TRUST By: (Signature) (Print Signatory's Name) Its: (Witness Signature) (Print Witness SignatUre) ~l<a..'-A~ c~:~ (Witness Signature) ! +. CMvlc5> 4 < Lu~iJ_L (Wi!: Signature) ~ ..t:m a 2_ ~us (Print Witness Signature) (Witness Signature) (Print Witness Sigqature ~ , C~a.~ A· ~'-+ (Witness Signature) C t¥A vje.s A -L1A.fo.rfz.. (Print Witness Signature) .~2Qrvdw (Wi::S Signature) ! l:1rl n 2 Rn~e 0 (Print Witness Signature) PETER L. BRIGER PAUL . BRIGER TRUST By: j{-ou>f\~ Lt;s {J~fL- (Print Signatory's Name) 23 By: (SEAL) WITNESSES: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness APPROVED AS TO FORM AND LEGAL SUFFICIENCY ( By:-L-+-4o,L.&odl~~-->.,...~~...c....=.--- Approved as to Terms and Ccn if ns R201 0~-0124 JAN 1 2 2010 By: ------------------------Signature Typed or Printed Name Title/Position 24 ATTEST.;.··· APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY OF PALM BEACH GARDENS, FLORIDA, A Florida Municipal Corporation By:~~ avtd Levy, Mayor Date: 4 ... l-1o 25 WITNESSES: FLORIDA DEPARTMENT OF TRANSPORTATION-DISTRICT FOUR B Si .E., District Secretary \1'0~ Printed Name of Witness Signature of Witness S~ C., B~ Printed Name of Witness Date 26 WITNESSES: C'4M:f_!d.~ ~e t>L A. Bectbia.r.o1t-e_ Typed or Printed Name Typed or Printed Name STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA'S TURNPIKE ENTERPRISE By: Jennife Deputy ecutive Director and Chief Operating Officer Date: I\ ld l 0 {Corporate Seal} APPROVED AS TO FORM AND LEGALITY: By: Office of the Turnpike General Counsel N:\TRAFFIC\Development Review\DRI\Briger Tract\Proportionate ShMe\SCRIPPS Prop Shllfe Agmt 01-06-l O.do c 27 Table 1 Proportionate Share Payment due at Net Cum. Trips by Phase Prioritized Allocation of Proportio Start of Phase AM Peak PM Peak Phase Lester County Total Lester Total Lester Total Mobility Improvements by Phase 1 $350,7791 Note2 $439,903 1,204 1,369 2,036 2,174 Donald Ross Rd from I-95 to Heights Blvd 2 $4,182,6141 (widen, add 3nt SB left and 3nt WB left at I-95 S Note2 $5,245,315 1,993 2,397 2,761 3,089 ramp intersection) 3 $7,476,4131 Note2 $9,375,988 2,546 3,176 3,279 3,778 Turnpike Interchange Improvements (Indiantown Rd or PGA Bl) Trolley/Circulator System Hood Rd from Parkside Dr to Central Bl ( 4 lane widening) Central Bl/Hood Rd Intersection Improvemen~ (Add excl. right and 2nd left to N/S Approaches Central Bl/PGA Blvd Intersection Improvement (Add 2nd SB left and 2Dil SB right) Trolley/Circulator System Indiantown Rd/I-95 Interchange (signalize/extend EB left tum lane) 4 $5,697,3381 Note2 $7,144,893 3,877 5,361 4,380 5,528 Trolley/Circulator System Construct Park & Ride Lot (within study area) Intersection Improvements5 $17,707,143 $4,498,956 $22,206,099 Notes: 1. Actual proportionate share payment for the Lester Property may be adjusted by the escalator clause in paragraph 2.B and may be reduced by the an Beach County through the due date for the proportionate share payment pursuant to paragraph 4 .B. 2. Palm Beach County will make the Advance Payment of$6,000,000, which may be adjusted by the escalator clause in paragraph 2 .C . Development required to make County Property Fee payments prior to each building permit issued in the amount of $2.82 per square foot or as adjusted by parag 3. The Actual cost of these improvements will be used to determine the exact amount disbursed to the County. 4. These Estimated Costs will be adjusted by the escalator percentage applied to the Lester phase 3 and 4 prop share payments to determine the exact ~ S. Phase 4 Intersection Improvements may include: a) Donald Ross Rd!Central Blvd; b) Donald Ross Rd/Military Trail; c) Donald Ross Rd/SR 811 6. The Estimated Cost shall be adjusted to be the total proportionate share payment for the Project after escalator adjustments, including any accrued iJ Account, less the monies allocated for all other improvements in Table 1. -~-~~~~-~----------------------- SCRIPPS FLORIDA PHASE 11/BRIGER DRI OVERALL LEGAL DESCRIPTION THAT PORTION OF SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 01°20'36" WEST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE SOUTH 01°20'36" WEST ALONG SAID EAST LINE, A DISTANCE OF 2544.53 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 26; THENCE SOUTH 01°17'32" WEST ALONG SAID EAST LINE, A DISTANCE OF 2619.91 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00°48'03" WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 1373.03 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HOOD ROAD, AS DESCRIBED IN DEED BOOK 1146, PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88°06'56" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 639.65 FEET TO THE EAST LINE OF THE LAND DESCRIBED PARCEL 280 B(2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 B(2}, ~ORTH 01°53'04" EAST, .A DISTANCE OF 70.00 FEET; THENCE NORTH 88°06'56" WEST, A DISTANCE OF 32.20 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 52.96 FEET; THENCE NORTH 01°53'04" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 01°53'04" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 308.19 FEET; THENCE NORTH 88°06'56" WEST, A DISTANCE OF 117.31 FEET; THENCE NORTH 00°49'08" EAST, A DISTANCE OF 291.34 FEET; THENCE NORTH 89°10'53" WEST, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAiD PARCEL 280 B(2), BEING ALSO ON THE WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER {NE 1/4) OF SAID SECTION 35; THENCE NORTH 00°49'08" EAST ALONG SAID WEST LINE, A DISTANCE OF 942.23 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89°24'49" WEST ALONG SAID NORTH LINE, A DISTANCE OF 658.23 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF (W 112} OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE SOUTH 00°49'41" WEST ALONG SAID WEST LINE, A DISTANCE OF 549.73 FEET TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN PARCEL280 A(1) IN SAID ORDER OF TAKING Exhibit A Page 1 of 3 RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 A(1), NORTH 28°00'09" WEST, A DISTANCE OF 626.06 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE CONTINUE NORTH 28°00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 3541.88 FEET; THENCE NORTH 24°00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 546.72 FEET TO THE BEGINNING OF A CURVE THEREIN, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5635.58 FEET; THENCE NORTHWESTERLY, A DISTANCE OF 544.09 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°31 '54" TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SA ID BOUNDARY, NORTH 18°28'15" WEST, A DISTANCE OF 543.08 FEET; THENCE NORTH 14°39'25" WEST, A DISTANCE OF 177.27 FEET; THENCE NORTH 11°29'21" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 63°46'51" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 89°55'36" EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87°37'27" EAST, A DISTANCE OF 296.35 FEET; THENCE NORTH 89°55'45" EAST, A DISTANCE OF 302.02 FEET; THENCE NORTH 00°04'15" WEST, A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 280 B(3) IN SAID ORDER .OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 280 8(3), AS DESCRIBED IN OFFICIAL RECORD BOOK 4296, PAGE 1151, SAID LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF ADDITIONAL RIGHT-OF-WAY FOR DONALD ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 21129, PAGE 218, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, NORTH 89°55'45" EAST, A DISTANCE OF 1216.68 FEET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 45°04'14" EAST, A DISTANCE OF 56.57 FEET; THENCE ALONG THE EAST LINE OF SAID ADDITIONAL RIGHT-OF-WAY, NORTH 00°04'14" WEST, A DISTANCE OF 65.00 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 89°55'46" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 2369.16 FEET TO THE POINT OF BEGINNING. CONTAINING 475.31 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 00°36'37" EAST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 4365.67 .FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 280 A(1) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 34°23'37" EAST, A DISTANCE OF 112.80 FEET; THENCE SOUTH 33°14'52" EAST, A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE Exhibit A page 2 of 3 SOUTHWESTERLY, HAVING A RADIUS OF 11365.16 FEET; THENCE SOUTHEASTERLY, A DISTANCE OF 813.16 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°05'58" TO A POINT OF TANGENCY; THENCE SOUTH 29°08'54" EAST, A DISTANCE OF 1199.30 FEET; THENCE SOUTH 28°00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 2426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE SOUTH 28°00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 1464.87 FEET; THENCE NORTH 89°04'14" WEST ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN PARCEL 280 B(1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.10 FEET; THENCE SOUTH 86°53'01" WEST ALONG SAID NORTH LINE, A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE NORTH 88°06'56" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 518.05 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 35; THENCE NORTH 00°50'35" EAST ALONG SAID EAST LINE, A DISTANCE OF.628.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER {SW 1/4): THENCE NORTH 89°02'37" WEST , A DISTANCE OF 658.29 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE SOUTH 00°50'56" WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), A DISTANCE OF 617.85 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE NORTH 88°06'56" WEST ALONG SAID NORTH LINE, A DISTANCE OF 392.92 FEET TO A POINT ON THE NORTH LINE OF THE FLORIDA'S TURNPIKE RIGHT- OF-WAY AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT BOOK 70, PAGE 443, PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR [4] COURSES: NORTH 01 °53'04" EAST, A DISTANCE OF 10.00 FEET; NORTH 88°06'56" WEST, A DISTANCE OF 350.00 FEET; THENCE NORTH 83°28'53" WEST, A DISTANCE OF 503.22 FEET; THENCE NORTH 89°00'28"WEST, A DISTANCE OF 73.33 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE NORTH 00°51'38" EAST ALONG SAID WEST LINE, A DISTANCE OF 1204.18 FEET TO THE POINT OF BEGINNING. CONTAINING 206.38 ACRES, MORE OR LESS. DATE OF Sl NATURE JONATHAN T. GILBERT PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERT. NO. 5604 Exhibit A page 3 of 3 BRIGER DRI-LESTER/DAVID MINKIN TRUST PROPERTY LEGAL DESCRIPTION THAT PORTION OF SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 01 °20'36" WEST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE SOUTH 01 °20'36" WEST ALONG SAID EAST LINE, A DISTANCE OF 2544.53 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 26; THENCE SOUTH 01°17'32" WEST ALONG SAID EAST LINE, A DISTANCE OF 2619.91 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00°48'03" WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 1373.03 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HOOD ROAD, AS DESCRIBED IN DEED BOOK 1146, PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88°06'56" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 639.65 FEET TO THE EAST LINE OF THE LAND DESCRIBED PARCEL 280 B(2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 8(2), NORTH 01°53'04" EAST, A DISTANCE OF 70.00 FEET; THENCE NORTH 88°06'56" WEST, A DISTANCE OF 32.20 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 52.96 FEET; THENCE NORTH 01°53'04" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 01°53'04" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 308.19 FEET; THENCE NORTH 88°06'56" WEST, A DISTANCE OF 117.31 FEET; THENCE NORTH 00°49'08" EAST, A DISTANCE OF 291.34 FEET; THENCE NORTH 89°10'53" WEST, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 280 B{2), BEING ALSO ON THE WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER {NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE NORTH 00°49'08" EAST ALONG SAID WEST LINE, A DISTANCE OF 942.23 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE NORTH . 89°24'49" WEST ALONG. SAID NORTH LINE, A DISTANCE OF 658.23 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF (W 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE SOUTH 00°49'41 " WEST ALONG SAID WEST LINE, A DISTANCE OF 549.73 FEET TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN PARCEL 280 A(1) IN SAID ORDER OF TAKING Exhibit "B", Page 1 of 5 RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 A{1 ), NORTH 28°00'09" WEST, A DISTANCE OF 626.06 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE CONTINUE NORTH 28°00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 3541.88 FEET; THENCE NORTH 24°00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 546.72 FEET TO THE BEGINNING OF A CURVE THEREIN, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5635.58 FEET; THENCE NORTHWESTERLY, A DISTANCE OF 544.09 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°31'54" TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID BOUNDARY, NORTH 18°28'15" WEST, A DISTANCE OF 543.08 FEET; THENCE NORTH 14°39'25" WEST, A DISTANCE OF 177.27 FEET; THENCE NORTH 11°29'21 " EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 63°46'51 " EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 89°55'36" EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 8JD37'27" EAST, A DISTANCE OF 296.35 FEET; THENCE NORTH 89°55'45" EAST, A DISTANCE OF 302.02 FEET; THENCE NORTH 00°04'15" WEST, A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 280 B{3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 280 B{3), AS DESCRIBED IN OFFICIAL RECORD BOOK 4296, PAGE 1151, SAID LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF ADDITIONAL RIGHT-OF-WAY FOR DONALD ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 21129, PAGE 218, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, NORTH 89°55'45" EAST, A DISTANCE OF 1216.68 FEET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 45°04'14" EAST, A DISTANCE OF 56.57 FEET; THENCE ALONG THE EAST LINE OF SAID ADDITIONAL RIGHT-OF-WAY, NORTH 00°04'14" WEST, A DISTANCE OF 65.00 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 89°55'46" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 2369.16 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 00°36'37" EAST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 4365.67 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 280 A{1) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 34°23'37" EAST, A DISTANCE OF 112.80 FEET; THENCE SOUTH 33°14'52" EAST, A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11365.16 FEET; THENCE SOUTHEASTERLY, A DISTANCE OF 813.16 FEET ALONG SAID CURVE, Exhibit "B", Page 2 of 5 THROUGH A CENTRAL ANGLE OF 04°05'58" TO A POINT OF TANGENCY; THENCE SOUTH 29°08'54" EAST, A DISTANCE OF 1199.30 FEET; THENCE SOUTH 28°00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 2426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE SOUTH 28°00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 1464.87 FEET; THENCE NORTH 89°04'14" WEST ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN PARCEL 280 B(1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.10 FEET; THENCE SOUTH 86°53'01" WEST ALONG SAID NORTH LINE, A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE NORTH 88°06'56" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 518.05 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 35; THENCE NORTH 00°50'35" EAST ALONG SAID EAST LINE, A DISTANCE OF 628.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE NORTH 89°02'37" WEST, A DISTANCE OF 658.29 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE SOUTH 00°50'56" WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), A DISTANCE OF 617.85 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE NORTH 88°06'56" WEST ALONG SAID NORTH LINE, A DISTANCE OF 392.92 FEET TO A POINT ON THE NORTH LINE OF THE FLORIDA'S TURNPIKE RIGHT- OF-WAY AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT BOOK 70, PAGE 443, PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR [4] COURSES: NORTH 01°53'04" EAST, A DISTANCE OF 10.00 FEET; NORTH 88°06'56" WEST, A DISTANCE OF 350.00 FEET; THENCE NORTH 83°28'53" WEST, A DISTANCE OF 503.22 FEET; THENCE NORTH 89°00'28" WEST, A DISTANCE OF 73.33 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE NORTH 00°51'38" EAST ALONG SAID WEST LINE, A DISTANCE OF 1204.18 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING: SCRIPPS PARCEL 1-O.R.B. 21129, Pgs. 218 & 229 THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 89°55'48" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH 00°04'12" EAST, A DISTANCE OF 1280.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°02'48", AN Exhibit "B", Page 3 of 5 ARC DISTANCE OF 212.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHESTERL Y ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET, THROUGH A CENTRAL ANGLE OF 33°57'12", AN ARC DISTANCE OF 717.04 FEET TO A POINT OF TANGENCY; THENCE SOUTH 44°04'12" EAST, A DISTANCE OF 19.33 FEET; THENCE SOUTH 00°55'48" WEST, A DISTANCE OF 56.57 FEET; THENCE SOUTH 45°55'48" WEST, A DISTANCE OF 1046.96 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53°07'48", AN ARC DISTANCE OF 46.36 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°13'00", AN ARC DISTANCE OF 28.30 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53°35'38", AN ARC DISTANCE OF 46.77 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE . TO THE NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 33°26'46", AN ARC DISTANCE OF 1387.54 FEET TO THE INTERSECTION WITH A RADIAL LINE; THENCE NORTH 79°53'00" EAST ALONG SAID RADIAL LINE, A DISTANCE OF 1166.96 FEET TO THE POINT OF BEGINNING. AND ALSO LESS AND EXCEPT : SCRIPPS PARCEL II-O.R.B. 21129, Pgs. 218 & 229 THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 89°55'48" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH 00°04'12" EAST, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°04'12" EAST, A DISTANCE OF 1140.00 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°02'48", AN ARC DISTANCE OF 212.17 FEET TO THE INTERSECTION OF A RADIAL LINE; THENCE SOUTH 79°53'00" WEST ALONG A LINE RADIAL TO THE FOLLOWING CURVE, A DISTANCE OF 1166.96 FEET TO A POINT ON SAID CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE Exhibit "B", Page 4 of 5 [_ NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°02'48", AN ARC DISTANCE OF 416.79 FEET TO A POINT OF TANGENCY; THENCE NORTH 00°04'12" WEST, A DISTANCE OF 1140.00 FEET; THENCE NORTH 44°55'47" EAST, A DISTANCE OF 56.57 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 4296, PAGE 1151, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 89°55'47" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND EASTERLY PROLONGATION, A DISTANCE OF 1086.96 FEET; THENCE SOUTH 45°04'12" EAST, A DISTANCE OF 56.57 FEET TO THE POINT BEGINNING. CONTAINING 611.69ACRES, MORE OR LESS. 3/:t.S /to DATE OF SIGNATURE . . ,.-·'.·. : .. ' ~... -. . . JONATHAN T. GILBERT PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERT. NO. 5604 . · **O.R.B. = OFFICIAL RECORD BOOK (PALM BEACH COUNTY PUBLIC RECORDS) Exhibit "B", Page 5 of 5 SCRIPPS PARCELS-O.R.B. 21129, PG. 218 & 229 LEGAL DESCRIPTION PARCELl THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 89°55'48" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371 .01 · FEET; THENCE SOUTH 00°04'12" EAST, A DISTANCE OF 1280.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°02'48", AN ARC DISTANCE OF 212.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHESTERL Y ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET , THROUGH A CENTRAL ANGLE OF 33°57'12 ", AN ARC DISTANCE OF 717 .04 FEET TO A POINT OF TANGENCY; THENCE SOUTH 44°04'12" EAST, A DISTANCE OF 19.33 FEET; THENCE SOUTH 00°55'48" WEST, A DISTANCE OF 56.57 FEET; THENCE SOUTH 45°55'48" WEST, A DISTANCE OF 1046.96 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53°07'48", AN ARC DISTANCE OF 46.36 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTH , HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°13'00", AN ARC DISTANCE OF 28.30 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53°35'38", AN ARC DISTANCE OF 46 .77 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 33°26'46", AN ARC DISTANCE OF 1387.54 FEET TO THE INTERSECTION WITH A RADIAL LINE; THENCE NORTH 79 °53'00" EAST ALONG SAID RADIAL LINE, A DISTANCE OF 1166.96 FEET TO THE POINT OF BEGINNING. CONTAINING 30.00ACRES, MORE OR LESS. TOGETHER WITH: . Exhibit "C", Page 1 of 2 ----~---------------------- PARCEL II THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 89°55'48" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH 00°04'12" EAST, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°04'12" EAST, A DISTANCE OF 1140.00 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°02'48", AN ARC DISTANCE OF 212.17 FEET TO THE INTERSECTION OF A RADIAL LINE; THENCE SOUTH 79°53'00" WEST ALONG A LINE RADIAL TO THE FOLLOWING CURVE, A DISTANCE OF 1166.96 FEET TO A POINT ON SAID CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°02'48", AN ARC DISTANCE OF 416.79 FEET TO A POINT OF TANGENCY; THENCE NORTH 00°04'12" WEST, A DISTANCE OF 1140.00 FEET; THENCE NORTH 44°55'47" EAST, A DISTANCE OF 56.57 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 4296, PAGE 1151, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 89°55'47" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND EASTERLY PROLONGATION, A DISTANCE OF 1086.96 FEET; THENCE SOUTH 45°04'12" EAST, A DISTANCE OF 56.57 FEET TO THE POINT OF BEGINNING. . .. CONTAINING 40.00 ACRES, MORE OR LESS. 3/~1 /to DATE OF SIGNATURE . .. . . . .. . . . .. JONATHAN T. GILBERT · .. _' .. PROFESSIONAL SURVEYOR -AND MAPPER FLORIDA CERT. NO. 5604 . ·.--·. · .... . · . • • I' • ~ ...... **O.R.B. = OFFICIAL RECORD BOOK (PALM BEACH COUNTY PUBLIC RECORDS) Exhibit "C", Page 2 of 2 . . .· . . -' ·· . --...,.~I • ._._. I & COPY CONSENT AND ACCEPTANCE Northern Palm Beach County Improvement District (District), an iDdepmdcnt special district of the State of Florida, created and operating in acconbmce With ·the provisions of Chapter 2000-467 ~ Laws of Florida, as amended and supplemented and other applicable provisions of Florida Statutes, does~ by this instrument, consent to and accept the terms, conditions and understandings set forth in Paragraph 7 of the attached Proportionate Share Agreement (Agreement), provided, however nothing in the Agreement or this instrument shall obligate the District to fund or construct any of the referenced on-site, off-site or alternative improvements. Further, if in accordance with Paragraph 8 there is a reallocation of the County's proportionate share paymcut or substitution of one or more alternative improvements for any of the otf .. site improvements specified in Paragraph S for which such payment was to be used, this Consent and Acceptance shall thereupon cease to limit or restrict the Dis1rict's levy of assessments upon the County Property until the District has been able to satisfy any applicable provisions of its enabling legislation, statutory requirements and/or contractual obligations that must be addressed due to such changes and thereafter executes and approves a new Consent and Acceptance that establishes the description and cost of the improvement(s) for which the re8llocation of the CoWlty's advance proportionate .share payment is attributable. Executed by the undersigned authorized r~tative of the Northern Palm Beach County Improvement District this ~y of l)er ember , 2009. Attest: By: ' I . I '"'r r. ' , . . I (tii$trict Seal) . . ... . . . . . . . . . Northern Palm Beach County . Improvement Dis1rict By: S2uPYa. &, Deborah A. Diaz, PresidenjC, Exhibit D Page 1 of 1 . ·. ·. .-1 .• . . ~ ...... I 11 ! I I ·····~ 0 •• ~ ~u\' ' t•'al • • ;u 'i • ,• •J''I' •• ,i.{ ... .. ,. : :· -·:) . t. \:-\ ... '':·-:.:: • tt' .. 6:~·. ' f .. ~ • v l ' ~.·:~: .. ...... . : ... ;. l' '• ,-:Jf ,• •'' . I. • I .• . . .... ,. .. . 'f.": ... 'I • ,,.:. t'',• ORDINANCE 4, 2001 February 1, 2001 March 5, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM TOLL BROTHER'S DEVELOPMENT COMPANY, INC. FOR APPROVAL OF A RE-ZONING TO PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONING WITH UNDERLYING ZONING OF RL..J (RESIDENTIAL LOW) TO ALLOW FOR A 434.19 ACRE, 530 DWELLING UNIT RESIDENTIAL COMMUNITY WHICH INCLUDES AN 18-HOLE GOLF COURSE AND A 45,000 SQUARE FOOT CLUBHOUSE FACILITY LOCATED DIRECTLY EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE A1A, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Toll Brother's Development Company for approval of a 434.19 acre, 530 dwelling unit residential community which includes an 18 hole golf course and a 45,000 square foot clubhouse facility, located directly east of the intersection of Hood Road and Alternate A1A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 434.19 acre site is currently zoned Planned Development Area; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the Planned Community Development (PCD) known as Frenchman's Reserve; and ----·· -------- WHEREAS, the City's Planning and Zoning Commission has 18 Ordinance 4 , 2001 Meeting Date: March 15,2001 Date Prepared: March 5 , 2001 Petition PCD-00..07 reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves a 434.19 acre, 530 dwelling unit residential community which includes an 18 hole golf course and a 45,000 square foot clubhouse facility, located directly east of the intersection of Hood Road and Alternate A 1 A, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. Said Planned Community Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Project Plans and Uses 1) Fee simple residential lots shall not include parkways, landscape easements or buffers, lake maintenance areas or any water management area, golf course or any other community-serving open space (Planning and Zoning). 2) Parcel access illustrated on the master plan is conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details. The County must also approve parcel access points onto Palm Beach County roadways (City Engineer, Planning and Zoning). 3) Public road cross-sections, to be dedicated to Palm Beach County, are conceptual in nature and shall be subject to joint review by Palm Beach County and Palm Beach Gardens (City Engineer). 4) If the site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of lakes, the applicant shall obtain approval from the Growth Management Department prior to performed said work (City Engineer). 5) Within thirty days following the issuance of the first Certificate of Occupancy in Pod G, the petitioner shall remove the temporary information center and parking area (Planning and Zoning). 19 --------------------------------------------------- Ordinance 4 , 2001 Meeting Date: March 15 , 2001 Date Prepared: March 5 , 2001 Petition PCD-00-07 6) . During the course of the development, all property within the PCD shall be platted (City Engineer). Environmental Preservation and LandscapinR 7) The applicant, successors, or assigns shall be responsible for the installation and maintenance of the landscaping (including irrigation, electricity, mastarm lighting, crosswalk pavers, and overhead power) in the medians and along the eastern road shoulders of Alternate A1A for those sections of the roadway adjacent to the Frenchman's Reserve Planned Community Development (PCD). The landscape plans for Alternate A 1 A shall be prepared by the applicant based on the City Roadway Beautification Master Plan, when said plan is adopted by the City. The Alternate A1A landscaping shall be installed prior to the first certificate of occupancy of Pod G, or the applicants shall place monies, in an amount equal to 110% of the cost of the landscape improvements, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. The City shall require, as a condition of approval of any new project located west of the Frenchman's Reserve PCD, that such new project shall bear its proportionate share of the cost of the continued maintenance of Alternate A 1 A landscaping. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of Alternate A 1 A, then the Frenchman's Reserve property owners association shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City Palm Beach Gardens (Planning and Zoning). 8) Within 90 days of the effective date of this development order, the applicant shall submit detailed landscaped plans of the eastern shoulders of Alternate A1A right- of-way, including medians, for that portion adjacent to the applicant's property and post surety acceptable to the City and Palm Beach County for installation of said landscaping. These plans shall be consistent with the proposed expansion of Alternate A1A from four to six-lanes. Installation of landscaping shall occur concurrent with the widening of Alternate A1A (Planning and Zoning). 9) Prior to approval of construction plans or commencement of land alteration, whichever occurs first, the applicant shall provide a management plan for golf course construction to ensure Best Management Practices are incorporated to eliminate the potential for nutrient laden runoff into the wetlands. Techniques may include spreader-swale, inverted fairways, etc. The plan shall also include development pod, golf course and cart path topographic elevations (City Forester, City Environmental Consultant). 20 Ordinance 4, 2001 Meeting Date: March 15,2001 Date Prepared: March 5 , 2001 Petition PCD-00-07 10) The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of the root zone and canopy drip line area. No detrimental changes in pH and topography/drainage may result in disturbance or destruction of the preserve areas. Applicant's landscape architect and/or environmental consultant during land alteration/construction activities shall monitor protection of the preserve and buffer areas (City Forester, City Environmental Consultant). 11) The proposed project shall be micro-sited to ensure the protection of listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact and ensure that an adequate buffer is maintained around all preserved areas {City Forester, City Environmental Consultant). 12) Prior to commencement of land alteration and/or construction, certification shall be required from the applicant's landscape architect and/or environmental consultant stating the highest quality preserve and buffer areas and all listed plant and animal species have been maintained on-site within a functional ecosystem {City Forester, City Environmental Consultant). 13) All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Chapter 102-10{5)e and the approved Preservation/Relocation Plan are protected (City Forester, City Environmental Consultant). 14) Within nine (9) months of the effective date of this development order, the applicant shall submit detailed on-site road right-of-way and parkway/buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for Growth Management Department approval. The landscape plans for public roadways shall include conceptual median landscape details. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Master Plan (Planning and Zoning). 15) Detailed road right-of-way and buffer landscape plans for non-public roadways shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said road or phase thereof (Planning and Zoning). 16) Prior to commencement of land alteration/construction of any golf courses. a 21 Ordinance 4 , 2001 Meeting Date: March 15,2001 Date Prepared: March 5 , 2001 Petition PCD-00-07 conceptual landscape plan and grading plan for the entire golf area (fairways/roughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping (Planning and Zoninf]. City Environmental Consultant). 17) Within nine (9) months of the effective date of this development order, the applicant shall submit detailed PCD buffer plans for Growth Management Department approval. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the PCD Buffer Plan · (Planning and Zoning). 18) Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross-sections or as may be permitted in certain locations subject to Growth Management Department approval (Planning and Zoning). 19) The removal of exotic vegetation, and the relocation of native vegetation anywhere within the PCD may commence upon PCD approval. The City and the petitioner's environmental/landscaping consultants shall monitor this work. No clearing of native vegetation shall occur until confirmed to be ready for such work by consultants through the City Forester and the Building Official. Sianaae 20) The Planning and Zoning Commission and City Council shall review all entry features to the project, including entry signage, water features, clocktowers, other architectural features, and landscaping, as well as a master signage program, as a separate petition (Planning and Zoning). Dedication and Improvements 21) The applicant and/or its successors or assigns shall be respons ible for the dedication and conveyance of a two acre site to be used for a fire/rescue and police substation as illustrated in the Master Plan. The applicant shall provide water, sewer, drainage and gas {if applicable) connections to the site concurrently with the construction of Hood Road. Such dedication and conveyance shall occur within 30-days following approval of golf course maintenance facility site plan (Planning and Zoning). 22 Traffic Concurrency and Circulation Ordinance 4 , 2001 Meeting Date: March 15,2001 Date Prepared: March 5 , 2001 Petition PCD-00-07 22) Prior to the first certificate of occupancy, the applicant shall install the meandering eight foot sidewalk along the portion of Alternate A1A that is adjacent to the site (City Engineer). 23) All land areas within the project shall have completed the recordation of plats, and the installation of on-site and off-site infrastructure and common landscaping (or providing surety for the same) prior to December 31, 2004. (City Engineer). 24) Prior to March 30, 2002, the applicant shall construct Hood Road to a point of Substantial Completion as approved by the City Engineer and Fire Chief. Substantial Completion for Hood Road shall be defined as follows: the first lift of asphalt shall be installed; a complete and operable drainage system shall be installed; striping, if necessary, shall be installed; access of the entire alignment shall be provided for use by the City of Palm Beach Gardens Fire Department; and approval for use of the road by the Fire Department shall be granted by Palm Beach County. The installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion. After March 30, 2002, no additional building permits (residential, sales center, models, recreation facility, etc. with the exception of the proposed Fire Station) shall be issued unless the City accepts substantial completion for Hood Road as noted above (City Engineer). 25) Prior to the issuance of the first residential building permit for each pod with the exception of the model center, the City shall accept the Substantial Completion of the Spine Road adjacent to and providing access to said pod as approved by the City Engineer. Substantial Completion for the Spine Road is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. The installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion (City Engineer). 26) Prior to the issuance of the first residential building permit for each pod with the exception of the model center, the supporting public infrastructure of said pod shall be constructed and approved by the City. The roadway portion of each pod shall be constructed to a point of Substantial Completion. Substantial Completion for the roadway within the pod is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. Staff notes that the installation of landscaping, sidewalks or lighting fixtures are not required for Substantial Completion (City Engineer). 27) Prior to the issuance of the first building permit for any structure, the applicant 23 Ordinance 4 , 2001 Meeting Date: March 15, 2001 Date Prepared: March 5 , 2001 Petition PCD-00-07 shall provide surety that is acceptable to the City for the construction of the public improvements for the Spine Road. The applicant shall provide an annual evaluation and adjustment of the surety for the Spine Road to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the first day of February of each year (City Engineer). 28) Golf Course membership shall be exclusive mainly to the residents and their guests. Non-resident memberships shall be permitted until development has reached 640 trips from build-out, at which time non-resident memberships shall no longer be valid (Traffic Concurrency Condition). 29) No more than 1,589 daily trips (any combination of single and multi-family units generating 1 ,589 daily trips) may be permitted until the widening of Alternate A 1 A from PGA Boulevard to Hood Road has commenced. This improvement is part of the County assured construction program {Traffic Concurrency Condition). 30) No more than 2,336 daily trips (any combination of single and multi-family units generating 2,336 daily trips) may be permitted until the construction of PGA Boulevard/Alternate A1A flyover has commenced. This improvement is part of the County assured construction program (Traffic Concurrency Condition). 31) No more than 2,920 daily trips (any combination of single and multi-family units generating 2,920 daily trips) may be permitted until the addition of eastbound and southbound through lanes has commenced at the intersection of Alternate A1A and Hood Road (Traffic Concurrency Condition). 32) No more than 3,451 daily trips (any combination of single and multi-family units generating 3,451 daily trips) may be permitted until the addition of exclusive right- turn lanes to the northbound, westbound and eastbound approaches at the intersection of Alternate A1A and RCA Boulevard {Traffic Concurrency Condition). 33) No more than 3,662 daily trips (any combination of single and multi-family units generating 3,662 daily trips) may be permitted until the construction of dual-left turn lanes on the westbound and eastbound approaches at the intersection of Military Trail and Donald Ross Road {Traffic Concurrency Condition). 34) No more than 4,385 daily trips (any combination of single and multi-family units generating 4,385 daily trips) may be permitted until the conversion of one right- turn lane to a left-tum lane (to provide triple left turns) on the northbound approach at the intersection of PGA Boulevard and Victoria Gardens Avenue. It should be noted that in the event that the FOOT does not approve this change in lane configuration, a third left tum lane needs to be added to the northbound approach 24 (Traffic Concurrency Condition). Ordinance 4 , 2001 Meeting Date: March 15 , 2001 Date Prepared: March 5 , 2001 Petition PCD.00.07 35) No more than 4,957 daily trips (any combination of single and multi-family units generating 4,957 daily trips) may be permitted until the construction of an additional exclusive northbound left-tun lane at the intersection of Alternate A 1 A and Donald Ross Road (Traffic Concurrency Condition). 36) For all required improvements that are not included in the County assured construction program, the Developer may enter into a Public Facilities Agreement (PFA) acceptable to the City within 6-months of the issuance of the Development Order, and before the first building permit is issued or provide the City with Surety (11 0%} to guarantee the construction of said improvements (City Engineerffraffic Concurrency Condition). 37) The applicant shall signalize the intersection of Hood Road and Alternate A 1A prior to the Certificate of Occupancy for the Fire Station or prior to August 31, 2002, whichever comes first. The signal shall be installed to be fully operational, including all appropriate lane geometry (as determined by Palm Beach County and the Florida Department of Transportation}, pavement markings, signage, lighting, etc. as approved. The signal shall be linked to the fire station for use as a pre-emptive signal until the activation of the full signal is warranted (City Engineer). 38) The developer shall perform an annual Signal Warrant Study for the intersection of Alternate A1A and Hood Road until such time that a fully operational signal is warranted. The existing signal described in Condition No. 37 above shall be made active once the intersection warrants a signal and meets the approval requirements of Palm Beach County and the Florida Department of Transportation. The developer shall pay the cost of the traffic signal and the City shall reimburse the developer to the extent that the City collects funds pro-rata from other new developments having an impact on the intersection (City Engineer}. 39) Hood Road shall be fully constructed including all related improvements (landscaping sidewalk and lighting), approved by the City, and accepted by Palm Beach County prior to August 31, 2002 (City Engineer). 40) Prior to the issuance of the building permit for Hood Road, the applicant shall provide surety that is acceptable to the City and to Palm Beach County for the construction of the public improvements for Hood Road . The "joint" surety shall be in a form that will be accessible to the City and/or Palm Beach County to install said public improvements (City Engineer). 25 Ordinance 4 , 2001 Meeting Date: March 15,2001 Date Prepared: March 5 , 2001 Petition PCD-00-07 41) No more than 1, 788 daily trips (any combination of single and multi-family units generating more than 1,788 daily trips) shall be permitted until the widening of Prosperity Farms Road to four lanes from PGA Boulevard to Lone Pine Road has commenced. This condition does not apply if the road received a CRALLS designation (City Engineer). 42) Prior to the issuance of the final certificate of occupancy for this project, the spine road and all of the internal roadways shall be fully constructed and approved by the City of Palm Beach Gardens (City Engineer). 43) Prior to the first Certificate of Occupancy for a Pod, the applicant shall install the landscaping for the Spine Road adjacent to and west of said pod to the satisfaction of the City Forester (City Engineer). 44) Prior to the issuance of the building permit for the Recreation Center, the applicant shall plat the entire Spine Road and provide surety for the construction of the same (City Engineer). 45) Prior to the issuance of the Certificate of Occupancy for any building within the Recreation Center parcel, the applicant shall construct the Spine Road to a point of Completion, less the final lift of asphalt. Staff notes that the installation of landscaping, sidewalks, and lighting will be required along the south side of the spine road to accommodate safe pedestrian access to the Recreation Center. Temporary crosswalks shall be provided across the spine road from each pod entry to said southerly sidewalk (City Engineer). 46) The applicant shall perform an annual Signal Warrant Study for the intersection of Prosperity Farms Road and Flamingo Road until such time that a fully operational signal is warranted or until the final Certificate of Occupancy of the project is issued, whichever comes first. If the signal becomes warranted within the above timeframe, the applicant shall contribute its pro-rata share of the installation cost of said signal (Planning and Zoning/City Engineer). 47) The applicant shall dedicate the Hood Road right-of-way by August 31, 2002 (City Engineer). Surface Water Mana~ement 48) No construction of any portion of the surface water management system shall be undertaken without first submitting construction plans, specifications, and 26 Ordinance 4 , 2001 Meeting Date: March 15 ,2001 Date Prepared: March 5 , 2001 Petition PCD·00-07 supporting computations for review and approval by the City. No construction of any portion of the surface water management system shall be undertaken without first submitting to the City plans, specifications and supporting computations for review and approval by the City (City Engineer). 49 ) Any proposed changes to any South Florida Water Management District permit shall be concurrently submitted to the City for review and City approval (City Engineer). 50) A sum total of area(s) constituting no less than 15% nor more th~m 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline (City Engineer). 51 ) Prior to the issuance of the first building permit, the applicant shall convey to the City in fee-simple ownership 40-feet of canal right-of-way lying north of the southerly property line of the subject parcel (City Engineer). 52) Prior to the issuance of the first building permit, the applicant shall submit a design that is acceptable to the City Engineer for a means of conveying or for the flow of water in the Cabana Colony Canal and the proposed second outfall from NPBCID's Unit 2 under or through the proposed second outfall from NPBCID's Unit 2 under or through the proposed vehicular access to the Golf Course Maintenance Facility, including any increased flow from the proposed second outfall from NPBCID's Unit 2 (City Engineer). 53 ) Prior to the issuance of the first building permit, the applicant shall prov ide to the City a recorded copy of a drainage easement and a drainage agreement between the developer and Palm Beach County for any proposed stormwater discharge into and through Frenchman's Forest (City Engineer). 54 ) The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination. 55) The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to Frenchman's Creek, 27 Ordinance 4, 2001 Meeting Date: March 15,2001 Date Prepared: March 5, 2001 Petition PCD-00-07 Frenchman's Landing, Frenchman's Forest and Cabana Colony. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City. 56) Prior to the issuance of any permits for construction of residential homes and golf club facilities, a contract shall be let and a notice to proceed shall be issued by the applicant for the construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the surface water management system has been completed, certified by the engineer of record, and determined acceptable by the City Engineer and SFWMD. 57) The applicant shall work with Frenchman's Creek's Property Owners Association to resolve the issues discussed in the letter dated March 14, 2001, from Frenchman's Creek to the City's Growth Management Department. The resolution of the issues shall include a plan of improvements, schedule of completion and a monitoring schedule after completion. The plan and schedules shall be submitted for review, and approved by the City Engineer prior to the issuance of the first building permit, excluding the sales trailer. School Board 58) The applicant, successor or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District (Planning and Zoning). Utilities 59) All utilities shall be placed underground and within road rights-of-way or recorded easements, unless specifically approved by the Growth Management Department (Planning and Zoning). 60) Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer 28 Ordinance 4 , 2001 Meeting Date: March 15, 2001 Date Prepared: March 5 , 2001 Petition PCD-00-07 Service", wrich shall be verified by the delivery of a fully executed copy of the document to the Planning and Zoning Division within 30 days if granting the development order (Planning and Zoning). 61) Prior to the issuance of the building permit for each Pod, along with corresponding access and common spaces, the applicant shall provide approval letters from the appropriate utilities to relocate existing easements (Planning and Zoning}. Public Safety 62) Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City's Crime Prevention Division shall be utilized during the site planning of the development parcels (Police Department, Planning and Zoning). 63) The applicant and/or its successor and assigns shall provide a stabilized road base, subject to City standards, for fire/emergency access to each development parcel prior to the start of construction within said parcel (City Engineer, Fire Department). 64) 65) Disclosure Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County (City Attorney). An annual report shall be submitted to the Growth Management Department by February 14tli of each year, until the project has reached buildout, that describes the projects current status and compares its progress with the provisions of the development order (Planning and Zoning). SECTION 3. Waivers are hereby granted with this approval, as indicated in exhibit "B" attached hereto. SECTION 4. Construction of the Planned Community Development shall be in compliance with the following plans on file with the City's Growth Management Department: 29 Official Exhibits: Ordinance 4 , 2001 Meeting Date: March 15,2001 Date Prepared: March 5, 2001 Petition PCD-00-07 1. March 2, 2001 Master Site Plan, Land Design South, 1 Sheet 2. December 14, 2001 PCD Buffer Plan, Krent Wieland, LA-PCD-1 3. November 7, 2001 PCD Buffer Plan, Krent Wieland, LA-PCD-2 through LA-PCD-9 4. January 29, 2001 Hood Road Landscape Plan, Krent Wieland, LAHR- 1 through LA-HR-7 5. January 29, 2001 Flamingo Road Landscape Plans, Krent Wieland, LAFR-1 through LAFR-5. 6. August 16,2000 Hood Rd. and Alternate A1A Conceptual Landscape Plans, Krent Wieland, LA-E1 through LA-E4. 7. September 27, 2000 Detail Sheet, Krent Wieland, LAHR-8 B. December 15, 2000 Spine Road Landscape Detail, Krent Wieland, LA-GLT 8. January 18, 2001 Master Drainage Plan, The Wantman Group, 2 Sheets 9. January 18, 2001 Paving, Grading and Drainage Plan, Wantmann Group, 14 Sheets 10. January 18, 2001 Pavement, Marking and Signing Plan, Wantmann Group. 11. December 15, 2000 Hood Road/Flamingo Road Roadway Sections, Palm Beach County Engineering, 22 Sheets 12. December 14,2000 Wetland Mitigation, Typical Cross Sections, CRZ Environmental, 1 Sheet 13. September 12,2000 Mitigation Site Plan, CRZ Environmental, 1Sheet 14. October 2, 2000 Lighting Plan, Lighting Dynamics, Inc., Sheets L- through L5. 15. November 8, 2000 Boundary Survey, Petzgold and Associates, 2 Sheets 16. July 15, 1999 Topographic Survey, Landmark Surveying & Mapping Inc., 4 Sheets Supportin!=J Documents: 17. June 9, 1999 Traffic Impact Analysis, Yvonne Ziel Associates 18. September 19, 1999 Application for Alteration of Environmentally Significant Lands, Land Design South 19. August 2000, Uplands Preserve Management Plan, Gaia Consortium, Inc. 20. Fe~ruary 2, 2001 Memorandum of Understanding, Frenchman's Creek Homeowners Association, 1 Sheet 30 Ordinance 4, 2001 Meeting Date: March 15,2001 Date Prepared: March 5 , 2001 Petition PCD-00-07 SECTION 5. This approval expressly incorporates all representations made by the developer of its agents at any public meeting or hearing. SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS /!i~DAY OF ~/$ 2001. PLACED ON SECOND READING THIS /.S-1/AoDAY OF f'I/Ait. 2001. . biA. PASSED AND ADOPTED THIS /5 DAY OF Yf1AR.. 2001. ATTEST BY: 31 ~foL~o( CARGL~.GO([}. MMC CITYQLER~ APPROVED AS TO LEGAL FO~~~--v-: ~__, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILPERSON FURTADO COUNCILMAN SABATELLO AYE ,/ / ./ / 7 \\FILE_SRV\COMPROG\S hort Range\pcd9907or1 .doc 32 NAY Ordinance 4 , 2001 Meeting Date : March 15,2001 Date Prepared: March 5 , 2001 Petition PCD-00..{)7 ABSENT 1 ORDINANCE 27, 2012 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS 6 COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH 7 THE MANDATES SET FORTH IN SECTIONS 163.3177 AND 8 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY- 9 INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL 10 UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS 11 SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, 12 INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR 13 DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING 14 THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL 15 BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR 16 DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING 17 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; 18 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, 19 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; 20 AND FOR OTHER PURPOSES. 21 22 23 WHEREAS, the City Council adopted the City of Palm Beach Gardens 24 Comprehensive Development Plan on January 4, 1990; and 25 26 WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005, 27 which required an annual update of the Five-Year Schedule of Capital Improvements; 28 and 29 30 WHEREAS, Policy 9.1.1.1. of the City's Comprehensive Development Plan 31 requires all capital facility projects (renewal and replacement) needed to achieve and 32 maintain the adopted level of service and which are over $50,000 in estimated costs to 33 be included in the Five-Year Schedule of Capital Improvements; and 34 35 WHEREAS, the City Council has determined that it is necessary to repeal Table 36 9A and Table 9B of the Capital Improvements Element and readopt same, as revised, 37 in order to update the Capital Improvements Element consistent with Policy 9.1.1.1. and 38 Ordinance 8, 2005; and 39 40 WHEREAS, on November 13, 2012, the Planning, Zoning, and Appeals Board, 41 sitting as the Local Planning Agency, recommended approval of this amendment to the 42 Capital Improvements Element of the Comprehensive Plan by a vote of 7 -0; and 43 44 45 46 Page 1 of 3 -------~--~---------------- Ordinance 27,2012 1 WHEREAS, the City of Palm Beach Gardens has held all duly required public 2 hearings and has received public input and participation through public hearings before 3 the Local Planning Agency and the City Council in accordance with Section 163.3184, 4 et seq., Florida Statutes; and 5 6 WHEREAS, the City Council finds that this amendment is consistent with the 7 City's Comprehensive Development Plan; and 8 9 WHEREAS, the City Council desires to adopt the amendment to the current 1 0 Comprehensive Development Plan to guide and control the future development of the 11 City, and to preserve, promote, and protect the public health, safety, and welfare. 12 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OF PALM BEACH GARDENS, FLORIDA that: 16 17 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 18 19 SECTION 2. The Capital Improvements Element of the City's Comprehensive 20 Plan is hereby amended by repealing Tables 9A and 98 and readopting same as revised; 21 providing that Tables 9A and 98 shall hereinafter read as shown in Exhibits "A" and "B", 22 respectively, which are attached hereto. 23 24 SECTION 3. The City's Director of Planning & Zoning is hereby directed to 25 transmit one (1) copy of the amendment to the current Comprehensive Plan to the State 26 Land Planning Agency within ten (10) working days of adoption, along with a copy of the 27 executed adopting ordinance, ordinance effective date, a copy of the public hearing notice, 28 and all other necessary documents in accordance with Section 163.3187, et seq., Florida 29 Statutes. A copy of the above shall also be sent to the Treasure Coast Regional Planning 30 Council and to any other unit of local government that has filed a written request for same. 31 32 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 33 hereby repealed. 34 35 SECTION 5. Should any section or provision of this Ordinance or any portion 36 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 37 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 38 39 SECTION 6. Specific authority is hereby granted to codify this Ordinance. 40 41 SECTION 7. This amendment shall become effective thirty-one (31) days after 42 adoption. No development orders, development permits, or land uses dependent on 43 this amendment may be issued or commence before it has become effective. If the 44 Ordinance is timely challenged by an "affected person" as defined in Chapter 163, 45 Florida Statutes, the amendment does not become effective until a final order is issued 46 finding the amendment in compliance. 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 ------------~--------------- Ordinance 27 ,2012 PASSED this __ day of ______ , 2012, upon first reading. PASSED AND ADOPTED this __ day of ______ , 2012, upon second and final reading. CITY OF PALM BEACH GARDENS BY: -------------------------Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, 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\2012\0rdinance 27 2012-CIE.docx FOR AGAINST ABSENT Page 3 of 3 EXHIBIT "A" TABLE 9A CITY OF PALM BEACH GARDENS FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENTS ELEMENT (This replaces the previous Table 9A) Ordinance 27, 2012 ------------------------------------------------------------------------------------------ TABLE 9A 2012/2013 2013/2014 201412015 201512016 2016/2017 TRANSPORTATION Traffic Signal-Gardens Parkway & Kew Gardens Dr.-Prior Year Cany Forward $ 355,355 lntersecfun Improvement-PGA@ Lake VICtoria Gardens Dr.-Prior Year Carry FOIWard $ 498,100 Pedestrian Access Bridges $ "750,000 Briger Connector Road $ 1,200,000 Bridge Refurbishment Program -Carry Forward $1,021,137 Traffic signa~PBG High Schooll.Dac St-Carry Forward $215,774 Buttercup Roadway Drainage lmprovemElflts $80,000 Bums Road Debt Payments $699,890 $698,060 $694,700 Grandiflora Road West of Central to Parkside Ortve · $2,200,000 Parkside Drive from Donald Ross Road 1o Grandlftora Road $4,700,000 All A1AIRCA Blvd $132.000 Bums Rd & Military Trail $ 4,000,000 Total $ 6,870,256 s 830,060 s 7.594, 700 s 1,950,000 $0 POLICE ~ "iJ' -iT --'~:lt~ ~ I New Console Workstation $55,000 ; $55,000 $55,000 Coherant Forensic Tracer and Battery ·. $50,000 Monopole at HiHop Mobile Home Park $200,000 Phone Switch Replacement $200,000 New Vehicles $110,000 . $50,000 $70,000 Range Equipment $200,000 IP Ba!;ed VIdeo Camera Syslem $99,500 Building Project-Training Facility $200,000 Building Project-Training Facility $500,000 $300,000 Raa10Expansion $130,000 $80,000 Range Equ~ent $300,000 Total $229,500 $215,000 S78Q,OOO $605,000 $825,000 Total $0 $50,000 $0 $0 $0 DRAINA GE ~ ~ ~~~ Allamanda Wafer Control Structure-Prior Year Carry Forward $98,149 Allamanda Canal Operable Gale $ 165,000 Stormwaler Debt Payments $559,748 $689,030 $684,824 $690,660 $694,320 Total $657,897 $689,030 $684,824 $690,660 $ 859,320 PARKS & RECREATION I c::ir" ~ p ~ ~ ~ PGA Park Cooslruction-Prior Year Carry Forward $153,516 OnCourseRestrooms $150,000 PlantJtllac Park Expansion $900,000 Tennis Caller Clubhouse Expansion $700,000 Uac Park Phase IV.f'rilr Year Carry Forward $5,802 City Par1t Expansion -$837,873 $800,000 $500,000 $500,000 Gardens Park ~troom $300,000 -FUNDING SOURCE Impact Fees Impact Fees Impact Fees Impact Fees Gas Tax Impact Fees Gas Tax Impact Fees Developer Developer Developer PBC w~ General Fund General Fund General ~und General Fund General Fund General Fund General Fund General Fund Impact Fees Impact Fees Impact Fees General Fund General Fund General Fund Impact Fees Impact Fees Impact Fees Impact Fees Impact Fees Impact Fees Impact Fees Explanation I nstaDation of a traffic signal at intersection. Construction of tum lanes. Design and construction of pedestrian access bridges around the City. Design and construction of a two lane roadway between Hood Road and Donald Ross Road within the Briger Tract . • Refurbish existing bridges within the City rights-okiay and add capacity for pedestJians and bicycles Support Palm Beach Gardens High with their elf011s to Instal the signal at liac and Military Trail Enhanced swale, redesigned driveway aprons, and positive drainage elements. Bums Road was wldended in 2003 from two lanes to four lanes 8riger DRI Briger DRJ Easlbound right-tum lane Rght and left tum lanes onto Bums Rd, on Mil. Til Public safety rad'10 console for dispatch operations growth and backup Al1emalive light source for developing lrace evidence for Crime Scene Investigations (CSI) Rad'10 syslem lo enhance public safety communications and reduce reoccurring cost Replace a 17-year-<lld agng telephone lnfrasbucture Additional vehk:les for police officers I Enhance firearm !raining and increase ofli::er availability, from traveling lo Martin County ncreased Pc&:e Departments availabiity for video monitoring and surveilance Enhance fieann training and i1crease officer avalabiity, from travefmg to Marlln County Enhance frearm !raining and i1crease officer avaiabity, from travermg to Martin County F requency expansion for public safety radio communications and growth Enhance firealm !raining and increase officer availabirty, from traveling to Martin County Design and conslruclb1 rA autcrnali: gale. Expanding part tllnc!OOe mulqlurpose field, r~ghtlng, picnic fadOOes. and sHe 1mprovemen1s 2 clivus envionmen1al restrooms for golf rustomers Expanding par1t t1 idJde fishing pier, playgrould, soa:er fiei!, hlkilg lral, basketball axJrt. exercise lral Address need of e.'ljlilnding 1ennis cenler ciJbhouse and math m.ntJer of cowls at fdy. Stale grant match for pall( expansion prtJjett --' Expandilg par1t to ildude additional tennis axJrts, a multiPIKJXlSB field, restroomkoocess buid'~~g, group pavllcn, 1ra1s, an Construdion ci one new concessionlrestroom/pavion facflity ~~~~~~~~~-----------~~--~--J------J---.:_--J-____ -J-_:___!~~~-~~~~-~Re'!Jiac:ein,enl of spray playground components ~.;_~.;_~~~------------~r-----~----+----~-~~~+-----~~==~~~~~~~~~~~IMOft~n~~rt · of existing res1ro0mf<;oncession building . project addresses a Citywide plan to replace irrigation pumps that reach lifecycles, and to inaease efflency. Pump replac f-=:..;.:_::..:..:.:;,:;,=::::..:...::::!:..:..:==.=--------~~----~----+----+----+--....:..:=::::..+-~:::::.::::::..:..::.::~~F!<>n~""'"'""'ofexls11nglrrigation pump. ~~~~~~~~~~~~~--------~-----1-----+----+-...!~~~----+-~~~~-~RE!p~:ementofexlsifngmaintenance building . of.a iomng 41' Canopy shade structure system motorized with wheels to allow night time/rainy $50,000 play. of synthetic rurf as a fall zone safety surface fo r playground facnities in City Parks that are currendy engineered wcx ~....:..:~~~==.;_ ____________ ~r-----~----+----~----+--....:..:~::::..~~==:::..:..::.::~~~nMcttoCity~M $72,000 $1 Total $1 ,670,191 $2,372.000 $3,250,000 Grand Total All Elements $9,427,844 $4,156,090 $12,309,524 $3,600,000 $1,76(),000 $6,845,660 $3,444,320 General Fund of a multi-purpose, hard surface, fenced In court play area at the youth day care facility building approximately 2,000 additional sq ft to utilize cart staging area to double as an after outdoor banquet area; add lighting system to illuminate the driving range to maximize polentlal add small staging and storage area for self seJVing dis~semen t of range bat~ on driving range . EXHIBIT "8" TABLE 9B CITY OF PALM BEACH GARDENS SUMMARY OF CAPITAL IMPROVEMENTS PROGRAM FOR PALM BEACH COUNTY SCHOOL BOARD (This replaces the previous Table 9B) -------------------- Ordinance 27, 2012 Estimated Revenue State Sources Charter School Capital Outlay CO&DS COBI Bonds PECO Bonds • Cons!. PECO Bonds-Maintenance Subtotal State Sources Local Sources Local Capital Improvement (1.5 mQ) Discretionary Capital Improvement ( FY13: .046 mil, FY14: .036 mil) Fund Balance Carried Forward Reserves Restricted Reserve and Project Closeouts Impact Fees Interest Income Miscellaneous Revenue Subtotal Local Sources Other Revenue Sources lnterfund Transfer QSCB Referendum Subtotal Other Revenue Sources TOTAL REVENUES TABLE 98 Summary of Estimated Capital Revenues ·Balanced Plan Fiscal Years 2013 • 2017 FY 2012 :.,. __ ->''···: :·'·.;,::;_'~:'1 Balance from FY ::~ .. ·-:' :··::_::::~aH-:: 2012 tor Ongoing :: :::Pian :vears"::~.-' ProJects ~:{~l; ?:.:-:~-~{~~~;;'~-;i.~:-~~iit:~-' -i 190 452 278 •'.'/;;;}012'256 '570'·! 583,745,910 ',)<1,4_11,.127;<J09 ": .-M;;;.::i:-Y;~:~j:i::!~~~~-0: 219,250,335 219,250,335 219,250,335 FY 2013 3,458,547 1,119,048 4,577,595 191,572,002 5,874,875 86,527,523 5,000,000 200,000 89,500 289,263,900 293,841,495 Page 1 oflO FY 2014 3,458,547 1 '119,Q48 4,577,595 192,582,616 4,621,982 30,635,732 1,000,000 500,000 229,340,330 233,917,925 FY FY FY 2015 2016 2017 3,458,547 3,458,547 3,458,547 1,119,048 1,119,048 1,119,048 1,720,678 582,970 3,572,824 4, 188,123 4 ,624,551 9,871,097 9,348,688 9,202,146 199,825,767 208,915,212 219,360,973 16,221 ,163 7,980,307 " 4,574,898 6 ,264,718 4,379,806 1,000,000 1,000,000 1,000,000 750,000 1,000,000 1,000,000 222,371,828 225,160,237 225,740,779 232,242,925 234,508 ,925 234,942,925 Name Modernization and Replacement Projects New Schools Subtotal Construction Projects Site Acquisition Capital Contingency Restricted Reserve Reserves for Future Years Subtotal Other Items Equipment Facilities Security Education Technology Technology Transportation Subtotal Non-Construction Projects Payments Equipment Ma intenance Facilities Maintenance Security Maintenance Education Technology Maintenance Technology Maintenance TEN Ma intenance Transportation Maintenance Subtotal Transfers to General Fund Total Capital Budget Summary of Estimated Capital Revenues -Balanced Plan Fiscal Years 2013-2017 ~;~;~;iic;;;;~;;d;~c"".-;:"';.;;;;~i Unspent Balances ;~--::~~:-;;;::.:;:::.:~~~'::",:; from FY 2012 in New New 941,116 21,030,688 12,073,528 31,298,828 65,344,161 1,328,423 9,276,361 42,693 144,885 3,674,621 498,002 14,964,986 219,250,335 Appropriation Appropriation for FY 2013 for FY 2014 580,809 6,000,000 6,580,809 23,752,453 171,752,453 13,938,324 1,572,000 303,766 15,233,500 650,000 32,662,590 4,325,000 38,680,200 2,007,160 953,624 21,002,280 96,158 4,082,674 82,845,643 293 ,841,495 120,000 148,120,000 910,000 280,000 10,475,000 2,350,000 14,665,000 4,325,000 29,900,000 1,600,000 953,624 18,477,080 96,000 4,082,674 71,132,925 233,917,925 Page 2 of 10 New New Appropriation Appropriation for FY 2015 for FY 2016 120,000 120,000 148,120,000 148,120,000 910,000 976,000 280,000 380,000 9,750,000 11,650,000 1,600,000 1,600,000 13,090,000 15,256,000 4,325,000 4,325,000 29,900,000 29,900,000 1,500,000 1,600,000 953,624 953,624 18,477,080 18,477,080 96,000 96,000 4,082,674 4,082,674 71,032,925 71,132,925 232,242,925 234,508,925 New Appropriation for FY 2017 120,000 148,120,000 910,000 380,000 12,150,000 1,600,000 15,690,000 4,325,000 29,900,000 1,600,000 953,624 18,477,080 96,000 4,082,674 71,132,925 234,942,925 .---------------- Construction Projects Project Name Addition and Remodeling Projects Adult Ed Conversion at Old Plumosa Banyan Creek Elem Core Addition Belle Glade Elem Add + Pre-K Benoist Farms Elem Pre-K Boca Raton HS Swimming Pool Carver Middle Core Add ition Cholee Lake Elem Pre-K Crestwood Middle Addition DD Eisenhower ES Demo for Playfields Energy Conservation-Green-LEED FHESC Window Replacement Gave ES (old) Demo Heritage Elem LEED EB Ind ian Pines Elem Pre-K JF Kennedy Middle Athletic Fields Jupiter Middle School Renovation Lake Worth Middle Core Addition Maintenance -West Central Remodel Manatee Elem Addition Pahokee Elementary Remodeling Pahokee High Remodeling Pahokee High Stadium Palm Beach Lakes High Academy/Add Riviera Beach Preparatory Academy Seminole Trails Elem Add ition Spanish River High Biotech Academy Transportation-South Addition Transportation -West Central Remodel Wellington Elem Classroom Addition West Tech Ed Center Modifications Whispering Pines Elem Addition Whispering Pines Elem Addition Phase II Total Addition and Remodeling Total Project Budget 5,454,965 7 ,560,488 4,001,227 3,391,546 300,000 2,101,529 14,598,391 250,000 7,768,357 53,775 2,224,990 1,960,000 1,920,000 1,031,733 14,484,357 1,302,683 5,367,988 13,223,362 14,109,829 500,000 13,964,012 4,498,395 966,696 170,690 21,664,723 1,914,043 4,516,105 9,133,345 158,435,632 Summary of Estimated Capital Revenues-Balanced Plan Project List Fiscal Years 2013 -2017 ..-,¥-;..~,..,_.~~-m~ Unspent Balances from FY 2012ln New New New New New Prior Year Previously Appropriation for Appropriation for Appropriation for Appropriation for Appropriation for Expenditures : ~Pian~Yea..S ··:· Approved Projects FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 3 330 038 -~ ·.• . ~ 'i ~~~~27 ~ 1:23s: 18o ~"~a2~!3o·a.-, 3,874,445 .,., .. ,.,._. .. 1.~6,.?8.?.< 3 272 895 ; ·:·•. ·.: ""' 118 65·F · 1 :~:::~~ ~~~~\}~i~~;~~ 14,414,072 <·: .'" .184,320 . 141 242 ~~~1:~ 7,464:545 ~:":·:" ,. 303 ;6·1·2 · 33,530 . 2,117,728 1,866,766 '""''~;;;;.!:f.>;£.~;.<.,: 1,795,505 991,115 13,327,546 1,022,941 3,865,869 12,496,981 13,648,475 ,~~~1§.1.&5~~ 1,975 .. . 12,866,220 •. 4 ,457,736 . . . 9';! 7 4,114 '!;;:)1~~!892;7641' 143,710 • .. ·::.·~ 27,181' 21,649,669 ,~,,-r.,!;;o·~5,054'~ 1,069,290 . 944,753 . 4,418,415 . ·,/99;690 8, 713,409 f;,l ·:~;~_~:.4.f9 i ~3~:~ 146,452,568 · · ·· · 11·,9s3;os4 ~~;;:.--:.:~~:~~":"~~~?···~~~ 2,124,927 324,308 126,782 118,651 105,620 137,753 184,320 108,758 303,812 20,246 107,263 93,232 124,495 40,818 1,156,811 279,742 1,502,119 726,381 461,354 498,025 1,097,792 40,659 392,764 27,181 15,054 644,753 99,690 339,127 11,402,255 Page 3 oflO 500,000 80,809 580,809 Construction Projects (continued) Project Name Modernization and Replacement ProJects Galaxy Elem Modernization Gladeview Elem Modernization Gave Elem Modernization North Palm Beach Elem Modernization Northboro Elem Modernization Palm Beach Gardens High Modernization Palm Springs Mid Modernization Plumosa Elem Modernization Rosenwald Elem Modernization Royal Palm School Modernization South Area School of Choice Suncoast High Modernization \11/ynnebrook ES Modernization Total Modernizations and Replacements New Schools Everglades Elem (03-W) Hope Centennial Elem (06-D) South Area Middle School of Arts (03-LL) Pahokee Area Middle (03-MM) Transportation-West Central Replacement South Area Elem (05-C) Total New Schools Total Construction Projects Total Project Budget 29,650,055 22,011,246 38,416,148 29,000,000 33,409,133 105 ,361 ,964 34,669,136 30,794,290 17,680,622 40,768,677 88,541,495 470,522,770 25,778,116 30,199,404 37,296,466 93,273,986 722,232,388 Summary of Estimated Capital Revenues -Balanced Plan Project List Fiscal Years 2013-2017 Unspent Balances --~ ,··-:,.:_,j:; fromFY20121n New New New New New Prior Year , Previously Appropriation for Appropriation for Appropriation for Appropriation for Appropriation for Expenditures .:·: Plari Yearli'-:. Approved Projects FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 4,820,748 ~:,~-~4.8.29,?0~,: 2o2.o3o -·--~--~2 .i~so9;2'1s"' 6,106,623 ~~:t.~~~i9~.p_2?2 324,201 <--;-2s;675.'799 · 31,467,446 1 ,941,687 104,352,313 1,029,651 34,784,912 )j~;226 30,369,206 ;_~c~i"d?s,pMc 267,226 :~::,'-1:7~41:3;'3!1a'·= 40,291,402 . 477,275 .·.··., ... ' . . . •;:" 86,825,282 ~~;1 j-7.16j 2~3'j ~i~~~~r~;,::~~ .... ~~s~·~~!~.-!~~·1: 339,811,387 .;~.;.130,7·11 )382 "1 24,166,637 Eii~M-t,t:4:Z~-~ 30,161,429 ~;:~-~':~~,~~~,;, 36,118,369 :.;_.,, '-1 ,~7~.~97,_ ·. 24,629,307 18,509,218 32,309,525 28,675,799 1,941,687 1,029,651 84,226 425,084 14 ,913,396 477,275 1,716,213 124,711,382 1,611,479 37,976 1,178,097 2,827,552 138,941,189 Page 4of10 200,000 3,300,000 2,500,000 6,000,000 6,680,809 Other Items Project Name Debt Service Lease Payments for Certificates of Participation . other Debt Items Total Required Debt Service S lte Ac uisitio n Site Acquisition for South Area Elem (05-C) Lease of land for temporary West Central Transportation Facility Site Acquisition Site Acquisition for Melaieuca ES Modernization Total Site Acquisition Contln enc Capital Contingen cy Restricted Reserve Reserve for FY 14 Reserve for FY 15 Reserve for FY 16 Reserve for FY 17 Total Contingency Total Other Items Summary of Estimated Capital Revenues • Balanced Plan Project List Fiscal Years 2013-2017 ·'"-,, __ ,,, .. Unspent Balances New c·o...;..~" :.-'c<•~-,,,; .. :.C~ from FY 2012 In Appropriation for Previously FY 2012 Plan Years Approved Projects 148,500,000 '2 740",000,000< ~M~~; f::T -~-;-::~;_::: -:.:f ~·;_: 148,500,000 ':':';:!~·99~·_0.09~ t-~~-~~-·. tJJ.r::~~{}j} 480,000 ' t"'~:~~1x~~1 ~i~J -~:::%~4~~1~~i1~~~~ -~-~~\~~~·':-~jJJ"~~~;\~'~J.;. ~~-~-: ,,, •. ,~2M.3Q,688,, _ . ,,J2,on,528- ;.,r.:~;~a~?9,~].sj~t-i 16,271;163 . ,_.,_ ~-7 "980 "307- ::~,;.·~-... ~~,~·lift-"~'f--~~ 941,116 941,116 21,030,688.46 12,073,528 18,151,028 9,571,163 3,576,637 64,403,044 65,344,161 Page 5 of 10 New Appropriation for FY 2013 148,000,000 148,000,000 12,648,783 6,700,000 4,403,670 23,752,453 171,752,453 New Appropriation for FY 2014 148,000,000 148,000,000 120,000 120,000 148,120,000 New Appropriation for FY 2015 148,000,000 148,000,000 120,000 120,000 148,120,000 -----------· ---- New New Appropriation for Appropriation for FY 2016 FY2017 148,000,000 148,000,000 148,000,000 148,000,000 120,000 120,000 120,000 120,000 148,120,000 148,120,000 Non-Construction Projects and Transfers Project Name Required Non-Construction Payments Charter School Capital Oullay Property and Flood Insurance Total Required Non-Construction Payments E ul ment Capital Projects: 1 0-Book Fund Library Core Collections AV Equipment Replacement Fund Choice Furn ishings Classroom Furnishings County-Wide Equipment Musical Instruments Subtotal Equipment Capital Projects Transfers to General Fund: Transfer for Equ ipment Maintenance Transfer for Copier Maintenance Subtotal Equipment Transfers Total Equipment Facilities Capital Projects: Building Envelope -Verde ES Roof Building Envelope -WT Dwyer High Classroom Technology -LCD Classroom Technology -LCD Adult Ed Cntr County-Wide Custodial Equipment Covered Walkways-AW Dreyfoos HS Covered Walkways-Calusa ES Covered Walkways-Del Prado ES Covered Walkways-Odyssey MS Covered Walkways -Other Projects Covered Walkways-Palm Beach Lakes HS Covered Walkways -South Tech HS Covered Walkways -Verde Elem Environmental Service Contracts HVAC Renovations HVAC Renovatlons-Jupiter Farms ES HVAC Renovations-Olympic Heights HS HVAC Renovations-Other Projects HVAC Renovations-William T Dwyer HS lnterlocals/School Center Funds Summary of Estimated Capital Revenues -Balanced Plan Project List Fiscal Years 2013-2017 New Unspent Balances from FY 20121n Previously Approved Projects New New New New New Appropriation for . ;:-1:~;:; __ ·:::. : FY 2012 ~~~-~P.Iaii~Y.ea·rs 3,458,547 8,371,000 11,829,547 17,292,735 41 ,200~000 ' . 58,492,735 . 40,248 315 227,322 1,032,563 27,976 1,328,423 1,328,423 112,966 127,854 172,841 1,493 255,970 175,230 139,810 690,335 225,610 350,862 375,783 1,370,829 18,807 344,342 Page 6 of 10 Appropriation for Appropriation for Appropriation for Appropriation for Appropriation for FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 3,458,547 8,240,000 11,698,647 200,000 75,000 550,000 140,000 965,000 125,000 4,200,000 4,326,000 5,290,000 550,000 300,000 170,000 300,000 319,205 849,535 200,000 950,000 1,800,000 3,458,547 8,240,000 11,698,647 100,000 50,000 400,000 100,000 650,000 125,000 4,200,000 4,325,000 4,975,000 3,458,547 8,240,000 11,698,647 100,000 50,000 300,000 100,000 550,000 125,000 4,200,000 4,325,000 4,875,000 3,458,547 8,240,000 11,698,647 100,000 50,000 400,000 100,000 650,000 125,000 4,200,000 4,325,000 4,975,000 3,458,547 8,240,000 11,698,547 100,000 50,000 400,000 100,000 650,000 125,000 4,200,000 4,325,000 4,975,000 ---------- Summary of Estimated Capital Revenues -Balanced Plan Project List Fiscal Years 2013-2017 Non-Construction Projects and Transfers (continued) Project Name Facilities (continued) Minor Projects Minor Projects -Assigned Portables Portables -Boynton Beach HS Restrooms Portables -Calusa ES CSR Portables -North Grade ES Portables -Other Projects Portables -Sabal Palm Portables -Sabal Palm Demo Portables -Verde ES Portables -Verde ES CSR Portables -West Central Transportation Relocatables -Leasing Roof Replacement Roof Replacement-Belle Glade ES Roof Replacement-Cypress Trails ES Roof Replacement-Pahokee HS Bldg 2 Roof Replacement-Pioneer Park ES Safety Safety-FHESC Halon Fire System Safety -Fire Alarm Repi-Crestwood MS Safety -Fire Alarm Repi-Grove Park ES Safety -Fire Alarm Repl-5antaluces HS Safety -Fire Alarm Repi-Span is h River HS Safety -Lighting Rep lacement -Jup~er MS Traffic Project-Boca Raton Middle Traffic Project-Everglades Elem Subtotal Facilities Capital Projects Transfers to General Fund: Transfer for ADA Compliance Transfer for Athletic Playflelds Transfer for BEMP Transfer for CSIR Work Orders Transfer for Environmental Control Transfer for Maintenance of Facilities Transfer for Fencing Transfer for Fire/Life/Safety Transfer for HVAC Maintenance Transfer for Maintenance Projects Transfer for Preventative Maintenance Transfer for Playground Maintenance Subtotal Facilities Transfers Total Facilities .-, -~. . _. , . _ ., Unspent Balances New .. _ from FY 2012 in Appropriation for ~ .~>~~'£';,··~·~,-Previously FY 2012 Plan Years Approved Projects :,~~~.-.;:·_:-::-·~ ·_, -:--:~-~-_._:_:; 1.aoo.ooo :~"'c:.::c4;&oo;ooo 2 ~~~:m :~~2-~JtNi 1 :o1 o:a57 .:; 4,0e2,33't.J 25,929,850 .'~''L 12g;4~f;~~QJ1 75 000 '·"': ···. ·' ·c:. "Co;;-C ·c. 1,056:962 ~$?''il:4~;~-~'l\ogo 5oo,ooo ~~~~Y\ .: ~ .· . 3,997,500 ·<'¥'i•1.3;130,873 2,~~~:~~~ . ' •. 8;2~5,000 39,695,169 ~:~~~~~~~:: 46,499,769 .. .:.J~M~.J;@.~t 119,192 283,347 2,216,755.46 131,095 468,659 238,825 122,351 11,655 397 120,452 521,965 180,934 183,000 315,000 9,276,361 9,276,361 Page 7 of 10 New New Appropriation for Appropriation for FY2013 FY2014 50,000 500,000 500,000 500,000 114,305 375,000 140,000 20,279 1,600,000 800,000 350,000 1,600,000 100,000 850,000 500,000 500,000 13,938,324 900,000 900,000 500,000 692,337 800,000 30,464,990 23,000,000 1,057,000 700,000 3,130,873 2,500,000 2,235,000 1,500,000 38,680,200 29,900,000 52,618,524 29,900,000 New New New Appropriation for Appropriation for Appropriation for FY2015 FY2016 FY2017 900,000 900,000 900,000 500,000 500,000 500,000 800,000 800,000 600,000 23,000,000 23,000,000 23,000,000 700,000 700,000 700,000 2,500,000 2,500,000 2,500,000 1,500,000 1,500,000 1,500,000 29,900,000 29,900,000 29,900,000 29,900,000 29,900,000 29,900,000 .----~~~~~~~--~---- Summary of Estimated Capital Revenues -Balanced Plan Project List Fiscal Years 2013-2017 Non-Construction Projects and Transfers {continued) Project Name Sec uri Capital Projects: Intrusion Alarm Upgrades BDAs Card Access Key Boxes Card Access at High Schools Card Access at Middle Schools Card Access at Elementary Schools Radios Inside Buildings Portable Radios Radios • South llV Storage Enhancement at 20 Sites Video Server at School Police School Bus Video Network System Video Conversion from Analog to IP Video Surveillance Schools Video Surveillance High Schools Video Surveillance at Middle Schools Video Surveillance at Elementary Schools Subtotal Security Capital Projects Transfers to General Fund: Transfer for Security Subtotal Security Transfers Total Security Educational Technology Capital Projects: Digital Divide Technology Tools Subtotal Education Technology Projects Transfers to General Fund: Transfer for Ed line Transfer for Equipment Maintenance Subtotal Educational Technology Transfers Tolal Educational Technology ;;~;i-;t:.'f';.::;;r;:~~: Unspent Balances New ,~· ,..,",;:;-.~-.~c;\}~: from FY 20121n Appropriation for :.~~ ~-~; ;::;:::;::,:;;;, Previously FY 2012 <·'·Plan· Years'.,~· Approved Projects 85,000 - 283,766 368,786 . ~-: . "·: : '~ ---. '=·-·'···~-=:.-1::.~ ,.,. .... _ ·-~~r,:.·,- .• 358,739 :) · ·1A09J912 ::: 1,768,651 ''·.·. 45o,ooo i:'t7~::::f:2sO;ooo ~ 503,624 ''·"'. '.,._2 .. !)j_$,_t20 :, 953,624 ~""''":"4i'768';1·2o~· 1,322,390 ·-···· ~.s~.6,m ':. 9,000 711 23,350 9,632 42,693 42,693 38,739 106,146 144,885 144,885 Page 8 oflO New New New New New Appropriation for Appropriation for Appropriation for Appropriation for Appropriation for FY2013 FY2014 FY2015 FY2016 FY2017 145,000 50,000 331,000 450,000 150,000 100,000 346,000 1,572,000 2,007,160 2,007,160 3,579,160 303,766 303,766 450,000 503,624 963,624 1,257,390 80,000 80,000 30,000 40,000 50,000 80,000 50,000 80,000 120,000 100,000 40,000 60,000 100,000 910,000 1,600,000 1,600,000 2,510,000 80,000 200,000 280,000 450,000 503,624 963,624 1,233,624 80,000 80,000 30,000 40,000 50,000 80,000 50,000 80,000 120,000 100,000 40,000 60,000 100,000 910,000 1,500,000 1,500,000 2,410,000 80,000 200,000 280,000 450,000 503,624 953,624 1,233,624 80,000 80,000 80,000 80,000 30,000 30,000 40,000 40,000 50,000 50,000 80,000 80,000 50,000 50,000 80,000 80,000 66,000 120,000 120,000 100,000 100,000 40,000 40,000 60,000 60,000 100,000 100,000 976,000 910,000 1,600,000 1,600,000 1,600,000 1,600,000 2,576,000 2,510,000 80,000 80,000 300,000 300,000 380,000 380,000 450,000 450,000 503,624 503,624 963,624 963,624 1,333,624 1,333,624 Summary of Estimated Capital Revenues -Balanced Pl an Project List Fiscal Years 2013-2017 Non-Const ruction Projects and Transfers (continued) Project Name Technolo Capital Projects : Application Monitoring BYOD CAFM Computer Admin Refresh Computer Refresh 4 .8 to1 Disaster Recovery Disk Storage District Server Refresh Green Data Center Optimization Hardware/Software Intrusion Prevention IT Service Mgmt Upgrade Mobile Dev ice Management Pseries Consolidation Replace Obsolete Data Backup SAN School LAN Switch Security Student Information Systems System Lifecycle Management Endpoint Security TEN Broadcast on iP infrastructure Windows License FTE Model Wireless Infrastructure Subtotal Technolo g y Projects Transfers to General Fund: Transfer for Application Systems Transfer for Business Operating Systems Transfer for CAFM Implementation Transfer for Data Warehouse Transfer for Equipment Maintenance Transfer for ERP Transfer for FTE Reporting Transfer for IT Security Transfer for Portal Project Transfer for Project Management Initiative Transfer for School Center Admin Technology Transfer for Secondary Tech Maintenance Transfer for Technology Infrastructure Maintenance Transfer for Technology Subtotal Tec hnology Transfers Total Technology """"'""'"'"."""'";..;;<" Uns pent Balances New · , from FY 2012 in Appr opriation for ~'-<;;?:-;_., "';-<.c<<'F-c;fi Previously FY 2012 ~Y.Piiiiveaii''."' Approved Projects ::::::~~~ 406,334 . 2 ,04 5,121:. 4,816,513 "'~.fl1ofi';2at:\ 134,010 . . 567,980 . ;~~:~~~ r4~.~tt~~~~::~g~ 101 ,793 ~~;2~;·::1'~~~~:.~~:: 1,245,436 '·. ''.<1 ;500 ;000 300,:00 ~~~ 1 950 000 &i#i'-'?ff2.74~'5?J9il ' ' · :,'a2o:996 -: ::::::: ~\- 347 ,150 .. ··'·' :· ·6 ,150,067 :, 12,127,464 1:~. . J~-i~~i; 413 527 '"''"-~1<:1 'B B2 640 ',: ::~illi ~t~ 4,271,542 ·' ~. c 1 ~,~5~;675,. 825 499 ;!.~~ ·;_1'Slif ;97:;: 39:5oo · '"" t:§oo~ 58 907 _.,_._, ".,,r_,,,.~,, 776:628 ~-'-~-;:,:,;,1,;4l1 :4eo ; 2,698,807 ~-~ ~1~;{~~;t§9;. 5,723,6so ;~;~~~~7ts~:~ 1-,.~<--,:' ,__,!·:;.,-' :I•'·,·_;:!' I 20,719,845 ;'ioli%9<J;91o;soo .~ ~~:l··~r.~·~ ::--~~-~:~,-. 32,847,309 ~::(_1.6 7 ;84 3,721' 12,587 450,621 2,608,287 147,980 177,467 57,673 11,597 45,106 96,466 24,599 33,990 8,182 67 3,674,621 3,674,621 Page 9 oflO New New Appropriation for Ap propri ation for FY 2013 FY2014 200 ,000 80,000 350,000 494,500 200,000 5,000,000 100,000 80,000 400,000 120,000 100,000 80,000 230,000 80,000 50,000 40,000 500,000 250,000 45,000 45,000 250,000 527 ,000 800,000 6 ,650,000 400,000 787,000 500,000 700,000 1,000,000 1,000,000 4 ,1 50,000 500 ,000 15,233,500 10,475,000 376,528 376,528 1,928,830 1,800,000 1,083,745 1,000,000 3,136,055 2,700,000 3,358,575 3,000,000 1,520,397 1,400,000 19,500 19,500 282,296 282,296 2,898,756 2,898,756 6,397,598 5,000,000 21,002,280 18,477,080 36,235,780 28,952,080 .. ·~· ':;. New New New Appropriation for Appro pr iation for Appropriat ion for FY 2015 FY 2016 FY2017 70,000 70,000 70,000 900,000 2,000,000 2,000,000 300,000 300,000 300,000 4,500 ,000 4,500,000 4,500,000 80,000 80,000 80 ,000 80,000 80,000 80 ,000 60 ,000 60,000 60,000 80,000 60,000 60,000 20,000 20,000 20,000 250,000 250,000 250,000 30,000 30 ,000 30,000 400,000 400,000 300,000 400,000 500,000 400,000 400,000 400,000 300,000 500,000 700,000 800,000 700,000 800,000 800 ,000 1,000,000 1,000,000 1,000,000 500,000 500 ,000 500 ,000 9,750 ,000 11,650,000 12,150,000 376,528 376,528 376 ,528 1,800,000 1,800,000 1,800,000 1,000,000 1,000,000 1,000,000 2,700,000 2,700,000 2,700,000 3,000,000 3,000,000 3,000,000 1,400,000 1,400,000 1,400,000 19,500 19,500 19,500 282,296 282,296 282,296 2,898,756 2,898,756 2,898,756 5,000,000 5,000,000 5,000,000 18,477,080 18,477,080 18,477,080 28,227,080 30,127,080 30,627,080 Summary of Estimated Capital Revenues -Balanced Plan Project List Fiscal Years 2013-2017 Non-Construction Projects and Transfers (continued) New ~f~~#J1;~~'4~~~ u~:e~ ~~~;;~:s New New New New New Appropriation for ~.· .. :.-:· '-. . Previously Appropriation for Appropriation for Appropriation for Appropriation for Appropriation for FY 2012 · ;PiiuiYears ·: Approved Projects FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Project Name The Education Network (TEN) Transfers to General Fund: Transfer for TEN Maintenance : Total TEN Trans ortation Capital Projects: Fuel Station Pump Replacement Bus Routing System GPS Hardware-Transportation Replacement of Bus Washers (Cancelled) School Busses Vehicles -District-Wide Subtotal Transportation Projects Transfers to General Fund: Transfer for Transportation Maintenance Transfer for Contracted Transportation Subtotal Transportation Transfers Total Transportation Sub-total Non-Construction Projects Sub-total Non-Construction Transfers Total Non-Construction Projects and Transfers Total Capital Budget Total Revenues Total Capital Budget Balance/(Shortfall) 2c~",!;::=!~~:~~~'~ '5 '.c'>'. ·85o,ooo " 517,196 t~'"''17;4t3';3%"' 1,500,000 ... ' .. 3;000;000 2,017,196 i;C:,;.~g;.1t~;~~o ; 2,017,196 .• i·;~ 28;711;372 ,.; .... ·;·: <··.~':. ],.-.. :~ 80,945,423 ::.'•""'367·i27'7 j343'i .. •,;:_.::~. ~'= ~~.: ~;·~: ~~:t:i··~f: 101,326,253 473,sos;i!19' "-' g~,tl}Z04;,5~0.'' '}i;448,704,530 . 498,002 498,002 498,002 14,964,986 14,964,986 219,250,335 219,250,335 219,250,335 96,158 96,158 150,000 500,000 650,000 3,482,674 600,000 4,082,674 4,732,674 32,662,590 82 ,845,643 115,508,233 293,841,495 293,841,495 293,841,495 Additional projects that could not be Included in this document due to Insufficient funding can be viewed In the Unbalanced version of this document Such projects that would increase the capacity for students are also included in the Tentative District Educational Facilities Plan Page 10 oflO 96,000 96,000 400,000 350,000 1,600,000 2,350,000 3,482,674 600,000 4,082,674 6,432,674 14,665,000 71 ,132,925 85,797,925 233,917,925 233,917,925 233,917,925 96 ,000 96,000 1,600,000 1,600,000 3,482,674 600,000 4,082,674 5,682,674 13,090,000 71 ,032,925 84,122,925 232,242,925 232,242,925 232,242,925 96,000 96,000 1,600,000 1,600,000 3,482,674 600,000 4,082,674 5,682,674 15,256 ,000 71 ,132,925 86,388 ,925 234,508,925 234,508,925 234,508,925 96,000 96,000 1,600,000 1,600,000 3,482,674 600,000 4,082,674 5,682,674 15,690,000 71 ,132,925 86,822,925 234,942,926 234,942,925 234,942,925 DATE: TO: FROM: THRU: SUBJECT: CITYOFPALMBEACHGARDENS MEMORANDUM November 28, 2012 · City Council Members A request from McDonald's Corporation, petition PPUD-12-04-000027, is scheduled for final reading on the December 6, 2012 City Council meeting. As part of the petition, the Applicant is requesting a total of three (3) wall signs; two {2) wall signs on the south elevation facing Northlake Boulevard and a third sign on the east elevation facing Sunrise Drive. City Code permits one (1) wall sign. Waivers are needed for the requested two (2) additional signs. The Applicant is also requesting a waiver for a second menu board sign. The Applicant has chosen to locate its one (1) permitted sign on the south elevation of the building. Staff is supportive of one (1) additional wall sign to be located on the east elevation, which faces Sunrise Drive. Staff also supports the waiver for an additional menu board sign. Staff is not supportive of allowing two (2) signs on the same south building elevation for the following reasons: 1. Allowing a third wall sign is not consistent with the intent of the Northlake Boulevard Overlay, which includes reducing the proliferation of signage. 2. Implementing the Overlay provisions promotes the protection of existing signage along the Northlake Boulevard corridor and the City. 3. In addition to the one (1) permitted wall sign on the south elevation, the southern portion of the property also contains a large monument sign as well as window signage. 4. Today, the building contains only the one {1) wall sign on the south elevation. By allowing a second wall sign on the east facade, additional visibility will be provided on Sunrise Drive. 5. Staff is not supportive of two (2) signs on the south elevation, where significant signage already exists on site. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject/Agenda Item: McDonald's Planned Unit Development Meeting Date: December 6, 2012 Ordinance 28, 2012 Resolution 98, 2012 Consideration for Approval: A request from McDonald's Corporation to rezone the existing McDonald's property located at the northwest corner of Northlake Boulevard and Sunrise Drive to a Planned Unit Development (PUD). Modifications to the existing conditional use approval, site plan, landscape plan, and elevations are also proposed. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Planning & Development Compliance Bahareh Wolfs, AICP R Originating Dept.: Planning & Zoning: Project Manager Kathryn~tt, AICP Sr. Planner [X] Quasi -Judicial [ ] Legislative [X] Public Hearing Advertised: [X] Required [ ) Not Required Paper: Palm Beach Post 1----:-A-p -pr_o_v_ed~B-y -: -----1 Date: 11/21/12 Affected parties: [X] Notified [ ] Not Requited Finance: Accountant Sarah Varga Fees Paid: N/A Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: N/A Contract/ Agreement: Effective Date: N/A Expiration Date: N/A Council Action: ] Approval ] Approved w/ Conditions ] Denial ] Continued to: __ Attachments: • Development Application • Project Narrative • Location Map • Ordinance 28, 2012 • Resolution 98, 2012 EXECUTIVE SUMMARY Meeting Date: December 6, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 2 of 11 McDonald's Corporation is requesting to rezone the existing McDonald's property at the northwest corner of Northlake Boulevard and Sunrise Drive to a Planned Unit Development (PUD) and modify the site plan, landscape plan, and elevations. The Applicant is requesting three (3) waivers and a modification to the existing Major Conditional Use approval as part of the subject petition. Staff is recommending approval of the petition. BACKGROUND On October 4, 1980, the subject property received site plan approval from the Site Plan and Appearance Review Committee. On August 28, 1991, the Site Plan and Appearance Review Committee approved the "McDonald's Playland" to be added to the site and changed the building trim color to teal. On October 13, 1999, the Site Plan and Appearance Review Committee approved a change to the color of the roof from teal to a light brown color. On July 17, 2003, an Administrative petition (ADMN-03-46) was approved allowing new building and roof colors. LAND USE & ZONING The subject site is zoned General Commercial (CG-1) and has a Future Land-Use designation of Commercial (C). The site is also located within the Northlake Boulevard Corridor Overlay Zone (NBOZ). The proposed zoning is a Planned Unit Development (PUD) Overlay with an underlying zoning designation of General Commercial (CG-1). South Northlake Commons West Regions Bank East Hyundai Car Dealership Palm Beach Cou CONCURRENCY General Commercial (CG-1) Planned Unit Development (PUD) I General Commercial (CG-1) General Commercial (CG) Commercial (C) Commercial (C) Commercial (C) Commercial (C) Commercial High (CH/8) The subject petition does not propose any modifications to the existing concurrency approvals. PROJECT DETAILS Site Details Meeting Date: December 6, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 3 of 11 The McDonald's Restaurant is located at the northwest corner of Northlake Boulevard and Sunrise Drive and is approximately 1.01 acres in size (see Location Map). The site has vehicular access from Northlake Boulevard and Sunrise Drive. No changes to the existing access on site are proposed. Subject Request The Applicant is requesting approval to rezone the property to a PUD Overlay, modify the existing Major Conditional Use, and make exterior building and site modifications. The site and modifications include the addition of a second drive-through lane, changes to the parking spaces located on the east portion of the site, new landscaping throughout the site, and the addition of an outdoor seating area. The exterior fac;ade improvements include new building colors, architectural features, and signage. The dual drive-through will allow two (2) cars to place orders at the same time before merging into a single lane for food pickup. The split queue drive-through expedites ordering time and stacking on site by moving cars faster through the ordering process. There is specific technology that is utilized by the restaurant to facilitate the use of two (2) order stations. The technology utilizes a camera system that tracks the progress of each vehicle from the order point to the cash window and finally to the pick-up window. The computer system tags each vehicle with an order number that is then utilized by the employee to confirm the order with each vehicle. Northlake Boulevard Overlay Zone The subject project is located within the Northlake Boulevard Overlay Zone (NBOZ). The NBOZ was established in 2002 to implement the objectives of the Northlake Boulevard Corridor Conceptual Streetscape Plan. The NBOZ is an overlay based on a joint agreement between the City of Palm Beach Gardens, the Village of North Palm Beach, the Town of Lake Park, and Palm Beach County. This agreement was established to improve the corridor by unifying design and development themes, improving signage, and encouraging redevelopment to improve the area's economic conditions. The proposed improvements have been designed to meet the elements set forth in the Overlay. Parking A total of 52 parking spaces are required for the subject site; however, 41 spaces are proposed. The Applicant is requesting a waiver for this deviation (see Waiver section). The reduction in parking spaces is due to the proposed second drive-through lane, which is part of the restaurant upgrades. Modifications to the existing parking spaces at the north and east sides of the site are needed to accommodate the additional drive-through lane. Currently, there are 14 angled parking spaces along the north property line, which are proposed to be replaced with six (6) parallel spaces. There are also 14 angled spaces along the west property line, one (1) of which is proposed to be eliminated to accommodate the new dumpster area. The 13 angled spaces on the eastern portion of the site are proposed to be modified to accommodate the drive-through lane; seven (7) parking spaces are proposed in this area. The remaining parking spaces at the southern portion of the site will remain unchanged . ....._----------~---·----·----- Traffic Circulation -------------------------~ Meeting Date: December 6, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 4 of 11 The site has two (2) points of ingress and egress: one (1) on Northlake Boulevard and a second Sunrise Drive. Currently, during peak times, it is common for cars to stack on Sunrise Drive waiting to enter the drive-through. The proposed site improvements will help to alleviate such stacking. A raised curb is proposed along the outside drive-through lane to prevent cars entering the drive-through from Sunrise Drive. The raised curb will force cars entering from Sunrise Drive to continue circulating through the site into the designated drive- through lane. Overall, the proposed modifications will improve the traffic circulation on site and will minimize the impact of the restaurant to the surrounding roadways. Sign age The Applicant is proposing a signage program, which includes new drive-through signage, directional signs, and building wall signs. A waiver is being requested for a second menu board sign as part of the dual drive-through operation. The existing menu board is also proposed to be replaced with a new menu board that meets the City's Code requirements eliminating the existing nonconforming sign. One (1) entry/exit sign is proposed at each entrance. The Applicant is proposing three (3) wall signs: two (2) on the south elevation facing Northlake Boulevard and one (1) on the east elevation facing Sunrise Drive. Because City Code allows a maximum of one (1) wall sign, the Applicant is requesting a waiver to allow the two (2) additional signs (see Waiver section). Landscaping The existing landscaping on site will be significantly enhanced with the addition of plant material throughout the site and the right-of-way adjacent to Northlake Boulevard. Two (2) new landscape areas will be created on the east side of the site that will include Geiger Trees, a Montgomery Palm, and a variety of groundcover, including Flax Lily and Super Blue Liriope. A series of Sabal Palms, Ligustrums, and shrubs are also proposed on the east side of the restaurant surrounding the new outdoor seating area. Within the Northlake Boulevard right-of-way, the sidewalk will be lined on both sides with landscaping beds, containing Ligustrums, Dahoon Holly Trees, and colorful Cratons. The Applicant has provided a surplus of landscape points on the site: 1 ,602 points are required and 1 , 760 points have been provided. This surplus does not include the additional plant material being provided within the right-of-way . Architecture The restaurant renovation involves extensive interior and exterior modifications. The exterior changes include the removal of the traditional McDonald's mansard roof, the removal of the trash corral behind the store, the addition of new stone finish "entry arcades" to the front and dining sides of the building, the addition of a stone-finish decorative "hearth element" at the drive-through pickup window, the addition of a stone-finish decorative wall at the rear of the store, the addition of contemporary metal canopies to the front and sides of the building, and the replacement of the storefront doors and storefront windows at the front and side arcades with impact glazing. The proposed building colors are earth tones with stone veneer finishes, metal canopies, and yellow accent arches (see Colored Elevations). The exterior improvements are contemporary in style. ~---------------------------- Meeting Date: December 6, 2012 Ordinance 28, 2012 and Reso lution 98, 2012 Page 5 of 11 An outdoor seating area is also proposed to replace the existing "Piayland" located on the east side of the restaurant. The outdoor seating area is approximately 300 square feet in size and will include a paver brick patio. An Outdoor Seating Diagram has been included as part of the development plans (see attached Development Plans). The outdoor seating area has been included in the required parking calculation. Phasing The proposed improvements will be completed in one (1) phase. Waiver Requests The Applicant has requested three (3) waivers. T bl 2 W. a e . a1ver R ec tues ts Code Section Requirement Proposal Waiver Staff Support 1 78-285, Table 24, 1 per restaurant 2 1 sign Approval Menu Board Sign 78-285, Table 24, Approval of 1 additiona l sign 2 Wall Signs for 1 sign 3 signs 2 signs on east elevation at 36"; Principal Structures Denial of sign on south elevation 3 78-345, Table 33 52 parking 41 parking 11 spaces Approval spaces spaces 1) The Applicant has requested a waiver from Section 78-285, Table 24, Menu Board Sign, to allow a second menu board sign on the site. City Code allows one (1) menu board sign per restaurant. Due to the dual drive-through design of the McDonald's restaurant, a second menu board is needed. The dual drive-through operation will help the traffic circulation on the site to operate more efficiently and reduce stacking onto the adjacent rights-of-way. The proposed additional sign meets the dimensional requirements of the Code. Additionally, the Applicant is proposing to replace the existing menu sign, which does not meet the dimensional requirements of the City's Code, with a new sign that does meet the City's Code. Overall, the second menu sign will help facilitate better internal circulation and reduce the nonconformities on site with the replacement of the existing menu sign. Staff supports the requested waiver. 2) The Applicant is requesting a waiver from City Code Section 78-285 Table 24, Wall Signs for Principal Structures, to allow two (2) additional building signs. The Applicant has proposed two (2) signs on the south elevation facing Northlake Boulevard and one (1) sign on the east elevation facing Sunrise Drive. City Code allows one (1) principal tenant sign for this particular site, and the current restaurant includes its one (1) permitted sign on the south elevation. The parcel has roadway frontage on two (2) public rights-of-way: Northlake Boulevard and Sunrise Drive. The Applicant has chosen to locate its one (1) permitted wall sign on the south elevation. However, a wall sign on Sunrise Drive would enhance vehicular way-finding, since Sunrise Drive is frequently used as an entrance into the site. For this reason, staff supports a wall sign on the east building elevation facing Meeting Date: December6, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 6 of 11 Sunrise Drive, provided the height of the proposed sign is limited to no more than 36 inches to ensure consistency in size with the proposed "M" logo sign on the south elevation. The maximum 36-inch height is also consistent with the wall sign criteria for Principal Tenants. Staff is not supportive of a second sign on the south elevation. The Applicant is proposing two (2) signs to be located on the south elevation facing Northlake Boulevard. The site currently operates with a single building sign located on the south elevation and no building signage on any other elevation. A single sign on the south elevation serves sufficiently to identify the restaurant to vehicular traffic. A second sign on this elevation would not increase the visibility of the restaurant. In addition to the proposed wall signs, the site contains a prominent monument sign located on Northlake Boulevard, which also serves to direct patrons into the site. A second wall sign on the south elevation is excessive and not necessary. One (1) wall sign facing the two (2) adjacent public rights- of-way and the monument sign provide sufficient way-finding to the site and adequate identification of the building. Staff is not supportive of a second sign on the south elevation. 3) The Applicant is requesting a waiver from City Code Section 78-345, Table 33, Required Off-Street Parking Spaces, to allow 11 less parking spaces than required. Fast food restaurants generally serve the majority of their customers via drive-through. To show the actual parking demand of the restaurant, the Applicant submitted a parking study, which demonstrates the 41 parking spaces proposed to be sufficient for the subject site (see attached Parking Study). The site was observed nine (9) times for one-(1) and two-(2) hour intervals. During each interva l, the number of cars parked on the site was counted every 15 minutes. The observation time included breakfast, lunch, and dinner peak times. Both weekday and weekend peak times were included. The largest observed peak parking demand for the site was 36 spaces. The peak demand was then increased by a seasonal factor and a turnover buffer to ensure there are extra spaces on site. The adjustments resulted in a total parking requirement of 41 parking spaces, which have been provided by the Applicant. The study was based on the existing site conditions, which contains a single drive-through lane. The dual drive-through lanes proposed by the Applicant will allow more cars to be accommodated, resulting in less demand for parking spaces on the site than exists today. Staff supports the waiver request. MAJOR CONDITIONAL USE ANALYSIS Section 78-159, Permitted, Conditional and Prohibited Use Chart, allows a Fast Food Restaurant with Drive-through within a CG-1 zoning district as a Major Conditional Use. A Conditional Use Analysis has been provided, because the site is being modified in a manner which expands the existing use warranting an updated conditional use analysis, in accordance with Section 78-52(d), Conditional Uses, of the Land Development Regulations. ---------------------------- Meeting Date: December S, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 7 of 1 1 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 comprehensive plan designation for this site is Commercial. The proposed zoning designation is PUD/CG1 , which is consistent with the Comprehensive Plan 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. To the extent possible, the use will meet the applicable requirements 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: Fast Food Restaurant with Drive-thru (note 20). (Note 20) Restaurant, fast food. Fast food restaurant is a high turnover establishment primarily selling food and beverages that are generally precooked, prepackage, served in disposable wrapping, and orders are taken from a counter or a drive-through window. Outdoor seating may be provided consistent with Section 78-191. The proposed use is in compliance with the requirements set forth in Section 78-159 (note 20). (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 proposed site plan provides for improved pedestrian access from the build ing to Northlake Boulevard. In addition, enhanced landscaping is proposed along the sidewalk adjacent to Northlake Boulevard providing a more welcoming environment for pedestrians. (b) Providing for a safe and effective means of vehicular ingress and egress; Among the proposed improvements are vehicular directional signage, striping, and new curbing, which will result in a safer and more effective means of vehicular ingress and egress. Meeting Date: December 6, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 8 of 11 (c) Providing for an adequate roadway system adjacent to and in front of the site; The existing roadways adjacent to and in front of the site are adequate to service the development. (d) Providing for a safe and efficient on-site traffic circulation, parking, and overall control; and The site modifications proposed provide for more efficient internal circulation and will help to prevent stacking onto the adjacent rights-of-way . (e) Providing adequate access for public safety purposes, including fire and police protection. The site can be easily accessed by emergency vehicles from either right-of-way 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, (c) Odor, (d) Ground, wall, or roof-mounted mechanical equipment, (e) Perimeter, interior, and security lighting, (f) Signs, (g) Waste disposal and recycling, (h) Outdoor storage of merchandise and vehicles, (i) Visual impact, (j) Hours of operation. The improvements include additional landscaping throughout the site that will aid in mitigating noise, glare, and the visual impact of the use. The dumpster is proposed to be relocated and will be screened with both a concrete enclosure and landscaping. Overall, the proposed upgrades will help make the site more visually appealing and help mitigate any negative impacts of the existing use. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The existing underground and overhead utilities will remain unchanged . Meeting Date: DecemberS, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 9 of 11 (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. All attainable dimensional requirements have been met. The requested waivers will address any requirements that have not been met or accounted for. (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 McDonald's Restaurant is an existing use and the improvements being proposed are necessary in order to increase the functionality and efficiency of both the business and the site. The restaurant is located within a highly commercialized area and is compatible with the surrounding uses. The proposed improvements will not cause any incompatibility issues. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The proposed use is located between two (2) other uses that are commercial in nature, directly accessible to a Major arterial, and is located in an area where water supply and wastewater collection are provided , consistent with the policies for Commercial land uses. (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 existing use will be enhanced and redeveloped in a manner that is compatible with the general purposes of the City's policies for Commercial land uses. (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 proposed modifications will improve the visual aesthetics of the existing restaurant and will minimize any negative impacts that may exist today . Overall, the project will contain aesthetically pleasing architecture that will complement and further the vision of Northlake Boulevard . (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. Meeting Date: December 6, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 10 of 11 The improvements to the existing conditional use will not result in any adverse impacts on environmental and natural resources. CONSISTENCY WITH COMPREHENSIVE PLAN The proposed development is consistent with the overall intent of the goals, objectives, and policies of the City's Comprehensive Plan. An example of some of the goals, objectives , and policies , which are consistent with and furthered by the proposed PUD, are listed below. Future Land Use Element Goal 1.1: Continue to ensure a high quality living environment through a mixture of land uses that will maximize Palm Beach Gardens' Natural and Manmade Resources while minimizing any threat to the health, safety, and welfare of the City's citizens that is caused by incompatible land uses and environmental degradation, by maintaining compatible land uses, which consider the intensities and densities of land-use activities, their relationship to surrounding properties, and the proper transition of land uses. Objective 1.1.3: Maintain land development regulations to manage future growth and development in a manner that provides needed facilities and services, protects environmental resources, and encourages infill and redevelopment of the eastern portion of the City. Policy 1.1.3.4: The City shall maintain land development regulations which provide for a Planned Unit Development (PUD) technique which shall implement the following concepts: a. The intent of the Planned Unit Development (PUD) is to ensure the desired character of the community is furthered or enhanced on development sites within the City, particularly on sites where the development proposed is rather intense. Master plans for Planned Unit Developments include, at a minimum, site plans showing all local roads and landscaping plans. Supporting documentation is also to be included which indicates, at a minimum, development phasing and a list of permitted uses for commercial and industrial PUDs. The site is consistent with the architectural elements of the NBOZ and the desired character of the Palm Beach Gardens community . Additionally , the subject site is located within an established commercial corridor, which satisfies the City's objective to encourage infill and redevelopment of properties within the eastern portion of the City and discourage urban sprawl. Objective 1.1.4: Maintain land development regulations containing standards and provisions which encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. Meeting Date: December 6, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 11 of 11 Policy 1.1.4.1: Expansion or replacement of land uses which are inconsistent with the Future Land-Use Plan shall be prohibited. The restaurant use is consistent with the zoning (CG-1) and future land-use (C) designations of the subject site. Goal 1.2: Encourage development or redevelopment activities, while promoting strong sense of community, and consistent quality of design; and do not threaten existing neighborhood integrity and historic and environmental resources. Objective 1.2.4: Direct future growth, development, and redevelopment to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. The Future Land Use Map has designated the subject site as Commercial (C). The site has been designed with sound planning principles, which minimize any impacts on the surrounding area. By renovating an existing building and site, the Applicant is incorporating the desired redevelopment concepts. The site design also incorporates additional open space and improvements to the Northlake Boulevard right-of-way. DEVELOPMENT REVIEW COMMITTEE (DRC) A DRC meeting was held on May 30, 2012. Since this meeting, all outstanding comments have been satisfied . PLANNING, ZONING, AND APPEALS BOARD (PZAB) On October 16, 2012, the PZAB recommended approval of the subject petition, with all of the waivers as requested by the Applicant, to the City Council by a vote of 7-0. CITY COUNCIL On November 1, 2012, the City Council approved Ordinance 28, 2012 on first reading by a vote of 5-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 28, 2012 on second reading with companion item Resolution 98, 2012 as presented . CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Request: 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 r Planned Community Development (PCD) r Planned Unit Development (PUD) r Annexation 17 Rezoning ' f7 Site Plan Review I Amendment to PCD, PUD or Site Plan I Conditional Use r Amendment to the Comprehensive Plan r Administrative Approval I Concurrency Certificate !Time Extension I Miscellaneous I Administrative Appeal f7 Other lwaiver(s) Date Submitted: I Aprll6, 2012 Project Name: Northlake Boulevard McDonald's Owner: McDonalcrs Corporation Applicant(if notOwner): _____________________ _ 10150 Highland Manor Dr. Ste. 470 Applicant's Address: Tamoa. FL 33610 TelephoneNo.(813) 630-9634 Agent: Land Design South of Florida, Inc. Contact Person: -=B:.:.::ria:::n.:..li.:..::e::.:rrv.&....--------E-Mail: bterry@landdesignsouth.com Agent's Mailing Address: 400 Columbia Drive, Suite 110 West Palm Beach, FL 33409 Agent'sTelephoneNumber:..:.(56_1.:...)5_3_7_-4_50_5 ________________ _ FOR OFFICE USE ONLY Petition Number: _____ _ Fees Received Date& Time Received: -------• Application $ Engineering$ ________ _ Receipt Number: _______ _ 1 A h. Hartley+ Purdy Architecture, Inc. rc 1tect: ---------------------------------------------------------- E • Kimley-Hom and Associates, Inc. ng.neer: _______________________________________________________ _ PI Land Design South of Florida, Inc. anner: ----------------------------------------------------------- l d A h·t t Land Design South of Florida, Inc. an scape rc 1 ec : ______________________________________________ _ Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. G I L • Northwest comer of Northlake Boulevard and Sunrise Drive enera ocateon: -------------------------------------------------- Add 3805 Northlake Boulevard ress: ----------------------------------------------------------- 18 42 43 Section:-----------Township: _______ Range: 52-43-42-18-00-000-7222 PropertyControl Number(s): --------------------- 1.010 acres • CG1 PUD Acreage: Current Zonmg: RequestedZoning: ------------------------- Flood Zone _B _____ Base Flood Elevation (BFE) -to be indicated on site plan __ __ C C h . PI l d U 0 . . C-Commercial urrent ompre ens1ve an an se es1gnateon: ---------------------------- Ex • • l d U Commercial R d d Commercial ISttng an se: equeste lan Use: ---------------------------------- P ed U ( ) • h 1 . 1 ~ .1 'd Fast-food ropos se s 1.e. ote , smg e .ame y rest ence,etc.: ________ __ Restaurant P d S F t b U 4,542 SF indoor seating area and 500 SF outdoor seating area ropose quare oo age y se: ---------------------------------------- ProposedNumberandType of Dwelling Unlt(s) i.e. single family, multifamily, etc. (if applicable): Not 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: Please see Justification Statement 2. What will be the impact of the proposed change on the surrounding area? Please see Justification Statement 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. Please see Justification Statement 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-30 I, Land Development Regulations)? Please see Justification Statement 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? Please see Justification Statement 6. Has project received concurrency certification? Yes-the project has been constructed and in operation for years. Date Received~ Legal Description of the Sub jed Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately 0 mlle(s) from theintersectionof Northlake Boulevard & Sunrise Drive , on thel L I northQeast,OsouthOwest side of Northlake Boulevard (street/road). --------------------------------------------------------------- 4 Applicant's Certification 1/We affinn and certify that Uwe 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, 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 r Optionee r Lessee J7 Agent I Contract Purchaser Brian Terry Print Name of Applicant 400 Columbia Drive, Suite 110 Street Address West Palm Beach, FL 33409 City, State, Zip Code (561) 537-4505 TelephoneNumber (561) 478-5012 Fax Number BTERRY@LANODESIGNSOUTH.COM E-Mail Address 6 • r . . . ·• LAND DESIGN SOUTH Planning Landscape .Architecture Envi ronmental Transportation Graphic Design PROJECT NARRATIVE McDonald's -Northlake Boulevard Rezoning, Major Conditional Use, Major Site Plan Review & Waivers October 1, 2012 Previously Submitted: 416112, 6/25112, 7/30/12, 9/6/12, 9/25/12 REQUEST The Applicant i.s requesting approval of a Rezoning request to the PUD/CG-1 (Planned Unit Development (PUD) Overlay District/General Commercial) Zoning District, as well as, approval of an expansion to the existing Major Conditional Use approval, Major Site Plan Review and Waivers for the McDonald's Restaurant located at 3805 Northlake Boulevard, within the City of Palm Beach Gardens. SITE LOCATION AND ACCESS The McDonald's · Restaurant is located at the northwest comer of Northlake Boulevard and Sunrise Drive . Currently, access to the site is provided via Northlake Boulevard and Sunrise Drive. · · SITE CHARACTERISTICS AND HISTORY The McDonald's Restaurant is approximately 1.01 acres in size and currently has Future Land Use designation of C (Commercial) and a Zoning designation of CG-1 (General Commercial). The site is located within the Northlake Boulevard Overlay Zone (NBOZ). The site plan for the subject site was originally approved in 1980. According to the Palm Beach County Property Appraiser, the site was built in 1981. The most recently approved Site Plan on file is stamped dated August 27, 1991 . The 1991 petition included Site Plan Approval for the addition of a play land · area. REZONING REQUEST, MAJOR CONDITIONAL USE & MAJOR SITE PLAN REVIEW The current Zoning designation for the subject site is CG-1 (General Commercial). As part of this Application, the Applicant is requesting approval to rezone the subject site to PUD/CG-1 (Planned Unit Development Overlay District/General Commercial). Rezoning to the PUD/CG-1 Overlay District will allow for more flexible design standards that promote a more efficient and functional design for the existing fast food restaurant use, as well as improve the aesthetics of the use. The Applicant is proposing structure and site improvements to the existing McDonald's Restaurant , in order to accommodate a redesign of the drive-thru facility of the restaurant (to accommodate for a split queue drive-thru and two (2) menu board signs), as well as the redesign of the restaurant's fa9ade and remodeling of the interior. The redesign of the fast food restaurant drive-thru facility is a result of the new market trends that demonstrate a demand for a second menu board service point for increased functionality of the site, due in part, to the ability to move traffic more efficiently through the drive-thru. The existing building square footage is approximately 4,526 square feet; as part of the modifications to the subject site, the proposed building square footage is approximately 4,542 square feet (an increase of approximately 16 square feet) and approximately 300 square feet of outdoor seating area (to replace ' the existing outdoor play area). There is a seating capacity of 85 seats. It is important to note that the increase in gross square footage is a result of the new fayade treatment and there is no increase in the gross usable building area. The interior /usable area of the building will not be affected by this renovation and subsequently provides no additional seating or service capacity to the building. M c D.o n aId 's at North I a k e BouIe v a r d 1 I P a g e Rezoning , Ma j or Cond i t i onal Use , Major Site Plan Rev i ew , Waive r s The improvements and subsequent modifications to the subject_ site are outiined as follows: 1. Split Queue Drive-Thru and Second Menu Board: The site is an existing use, in operation as a fast food restaurant that includes a drive-thru facility. As part of this request, a second menu board is being proposed as part of a split queue drive-thru facility. The installation of two (2) menu boards will require that the existing drive-thru be reconfigured. The existing menu board is located at the northern portion of the site; this area is being reconfigured to accommodate for the split queue drive-thru and second menu board. The reconfiguration of the drive-thru facility proposes the two (2) menu boards at the northeastern portion of the property. The two drive-thru lanes will be separated by curbing and a landscape island and there will be a menu board at each of the drive- thru lanes. The two (2) lanes will merge into a single lane after the menu boards and ordering process. A 6" high concrete median with directional signage has been added to the northeast side of the second drive-thru lane which will aid in the circulation of traffic through the drive-thru and site. The split queue drive-thru and dual menu boards comply with Section 78-373 of the City's Land Development Regulations for Drive-Thru Facilities. A Stacking and Queuing Exhibit has been provided as part of the resubmittal. A narrative demonstrating compliance with Section 78-373 has been provided below. The split queue drive thru expedites ordering time and stacking on sites by moving cars faster thru the ordering process. There is specific technology that is utilized by the restaurant to facilitate the use of 2 order stations. The technology utilizes a camera system that tracks the progress of each vehicle from the order point to the ·cash window and finally to the pick-up window. The computer system tags each vehicle with an order number that is then utilized by the employee to confirm the order with each vehicle. • Separation. The proposed modifications to the drive-thru facility will be separated from the circulation routes and will not interfere with access to any parking space. As has been discussed, 6" high concrete median with directional signage is being proposed at the northeast side of the drive-thru, as to eliminate interference with the ingress/egress and site circulation at this portion of the site. Adequate separation has been provided between the drive-thru facility and parking areas. • Marking. The drive-thru facility is appropriately striped and marked. The two (2) drive-thru lanes will be separated by curbing. A 6" high concrete median with directional signage has been provided at the northeast side of the drive-thru and striping is being proposed at the northwest side of the drive-thru. · • Queuing and stacking. The drive-thru meets the queuing and stacking requirements by providing 1 00' between the cash window and the menu board. Additionally with the redesign the site will no longer stack onto Sunrise. All cars entering from the East must now circulate around the restaurant and enter the queuing lane from the south. This accommodates for more stacking and avoids conflicts that exist today in the Sunrise ROW. • Ordering and pickup facilities. The drive-thru facility already exists. The request is to modify the existing drive-thru to accommodate a split queue drive-thru and dual menu boards. • Bypass lanes. A bypass land has been provided that exceeds the minimum width requirement of 10'. • Roofing. Any roofs constructed as part of the drive-thru facility will be architecturally consistent with the principal structure. It is important to note that the City of Palm Beach Gardens Sign Code only allows for one (1) menu McDonald 's at Northlake Boulevard 2f Pa g e Rezoning , Major Conditional Use, Major Site Plan Review , Waivers ~. -t .... - board per fast-food restaurant; hence the request for a wa iver from this requirement. A Menu Board Exhibit has been included. 2. Renovation of Restaurant Fat;ade and Remodeling of the Interior: This project involves a level 2 interior and exterior renovation to the existing McDonald's restaurant. The exterior scope of work includes the removal of the traditional McDonald's mansard roof, the removal of the trash corral behind the store, the addition of new stone finish "entry arcades" to the front and dining sides of the building, the addition of a stone finish decorative "hearth element" at the drive-thru pickup window, the addition of a stone finish decorative "rear brand wall" at the rear of the store, the addition of contemporary metal canopies to the front and sides of the building, and the replacement of the storefront doors and storefront windows at the front and side arcades with impact glazing. The interior scope of work includes the remodel of the toilet rooms to meet FACBC 2007 Standards, a few minor updates to the front counter per McDonald's new MRP prototype criteria, and the relocation of the coffee/beverage bar inside the store. There are a total of three (3) wall signs being proposed. Currently, the City's Land Development Regulations only permit one (1) wall sign, pursuant to Section 78-285, Table 24. A waiver is being requested to allow for the two extra wall signs. 3. Dumpster: The dumpster has been relocated from the northern side of the bu ilding to the northwest corner of the site. A detail of the dumpster enclosure has been provided as part of the resubmittal. 4. Outdoor Seating Area: The existing outdoor play area, currently located to the eastern portion of the site, adjacent to the building has been eliminated as part of the proposal and replaced wi th an outdoor seating area. The outdoor seating area is approximately 300 square feet in size. An Outdoor Seating Diagram has been included as part of the resubmittal, per Section 78-191.b.1. A narrative demonstrating compliance with ·section 78-191.b.1 has been provided below. • Access. The proposed outdoor seating area is adjacent to the principal structure and has direct access through a doorway located at the east side of the building. • Location. The proposed outdoor seating area is located directly adjacent to the principal structure (fast food restaurant). • General circulation. The proposed outdoor seating area does not impede access of the general public to the restaurant or any. other site elements. • Safety. The proposed outdoor seating area will comply with all building, fire and safety code requirements. • Parking. The parking requirements for the outdoor seating area have been calculated and included in the Site Data. A waiver from the parking requirements is being requested for this project. • Outdoor furniture. The outdoor furniture being proposed is sufficient to withstand the elements, such as the rain and sun. Additional materials related to the proposed outdoor seating furniture have been provided as part of the resubmittal, in accordance with Section 78-192(b) (4). 5. Loading Zone: A loading zone 12' x 35' has been provided at the northwest portion of the site, near the drive-thru component. Sec. 78-362.a.4 of the City's Land Development Code requires a maneuvering apron, a minimum of 12' x 35', directly behind the loading space intended to serve. There is sufficient space behind the loading zone to comply with this requirement and the space has been indicated on the site plan. McDonald 's a t Northlake Bou l evard 31 Page Rezon in g , Major Cond i tional U s e , Majo r S i te Plan Review, Wa i vers .. 6. Reconfiguration of Parking and Site Circulation: The parking and circulation on the site are being reconfigured to accommodate the proposed split queue drive-thru and other site improvements, such as the outdoor seating area. The fast food restaurant requires 52 parking spaces; 41 parking spaces are being provided (please note that a waiver is being requested for the reduction in parking). Specific modifications to parking and circulation include: • There are fourteen (14) angled spaces at the northern most parking row; all have been eliminated as part of the proposed modifications. There are six {6) parallel parking spaces now proposed in this area. · • There are fourteen {14) angled parking spaces at the western end of the parking area; one {1) has been eliminated and a dumpster is being proposed in this area. There are thirteen {13) remaining angled parking spaces. . • There are thirteen {13) standard 90 degree parking spaces located at the eastern end of the site. As part of the proposed modifications, this parking row has been modified to now include seven (7) angled parking spaces, to include two (2) handicapped parking spaces. Curbing was added to the northern end of this parking row. • There are four {4) 90 degree parking spaces {two standard and two handicapped) located at the northeast side of the building next to outdoor play area. As part of the proposed modifications, this entire parking area has been eliminated to accommodate for the outdoor seating area and split queue drive-thru. • The two-way drive aisle at the eastern end of the site has been modified to a one-way drive aisle. · • A crosswalk and curbing is being provided at the southeast corner of the site. • There are 5 existing 70 degree parking spaces on the south side of the building. Those spaces will be re-striped to allow for a two {2') foot overhang into the south landscape buffer. This will allow for an increased drive-isle width that can accommodate potential drive-thru stacking and parking access. · The required parking for the fast food restaurant is 52 parking spaces; as part of the proposed site modifications, 41 are being provided, thus, the site is deficient by eleven {11) parking spaces. Please note that there are two (2) handicapped spaces required and two {2) spaces provided. A wavier from the parking requirement is being requested as part of this Application. The McDonald's Restaurant is an existing use and the improvements being proposed are necessary in order to increase the functionality and efficiency of both the business and the site. The Restaurant has proven compatible with the surrounding uses and the proposed improvements will not cause any incompatibility issues. The overall intent and character of the development remains the same, with the request being to make improvements onsite. The proposed improvements are consistent with good planning and zoning practice, as they make the most efficient use of the site and land. The proposed improvements will not cause any adverse impacts environmentally or aesthetically, nor will they have any negative impact on public facilities . To the contrary, the visual and aesthetic appearance of the restaurant will be improved as a result of the proposed modifications and renovations to the site. The proposed improvements are in compliance with City of Palm Beach Garden's Comprehensive Plan (as will be outlined later in this Justification Statement) and applicable Zoning Regulations. The improvements being proposed to the existing McDonald's Restaurant represent important renovation and redevelopment potential within the City of Palm Beach Gardens. Thus, the project and proposed improvements are in compliance with the planning and zoning principles of the City of Palm Beach Gardens. Similar Projects There have numerous similar projects that have received approval throughout the State of Florida . McDonald's at Northlake Boulevard 4(Page Rezoning, Major Conditional Use , Major Site Plan Review, Waivers Below is a summary that outlines examples of similar projects, including the modifications approved and site data for each project. 1. US Highway 19 North. City of Pinellas Park (restaurant rebuild and addition of a double drive-thru) • Square footage: 4,323 square feet I# of seats: 87 • A sign variance was granted so that the existing sign could remain • The City required public hearings for waiver for following items: o Parking -34 in lieu of 43 parking spaces; o Size of the landscape islands; and, o Reduction in landscape buffer. • A Parking Study was performed and determined no significant change -daily trip generation was estimated at approximately 7 percent • Planning Commission voted in favor unanimously 2. 13026 US Hwv 301. Dade City (restaurant rebuild and addition of a double drive-thru) • Square footage: 5,677 square feet I# of seats: 122 • Existing freestanding sign to remain • Landscape buffer variance granted by Variance Adjustment Board unanimously • Parking spaces were reduced from 58 to 46 parking spaces 3. 1 041 0 N Dale Mabry Highway. Hillsborough County (restaurant rebuild and addition of a double drive-thru) · • Square footage: 4,220 square feet I# of seats: 85 • # of parking. spaces 72 to 62 4. 1905 N Dale Mabry Highway. City of Tampa (restaurant rebuild and addition of a double drive-thru) • Square footage: 4,646 square feet I# of seats: 138 • #of parking spaces: 64 to 47 • Existing freestanding sign to remain • Special Use Approval Required 5. 1934 North Hercules Avenue. City of Clearwater (restaurant expansion and addition of a double drive-thru) • Square footage: 3,737 square feet I# of seats: 99 • Parking provided: 38; parking required: 56 • Flexible Development Application 6. 7226 SR 54. New Port Richey (addition of a double drive-thru) • Square footage: 4,1 04 square feet I# of seats: 80 • Parking provided: 35 7. Combee Road 2606 Hwv #92 E.. Lakeland (restaurant rebuild and addition of a double drive-thru) • Square footage: 5,1711 #of seats 138 • #of parking spaces: 56 required; 28 provided with cross access easement • Existing freestanding sign to remain 8. Point of Way. City of Tampa (restaurant arcade remodel .and addition of a double drive-thru) • Square footage: 3,397 I# of seats 74 to 69 • # of parking spaces went from 41 to 29 • Existing freestanding sign to remain 9. 339 US Highway 27 South. Avon Park (restaurant remodel, increase seating & addition of double drive-thru) McDonald's at Northlake Boulevard SI P age Rezoning, Major Conditional Use, Major Site Plan Review, Waivers • Square footage was 3,435 and increased to 3,935/ #of seats 96 • # of parking spaces went from 52 to 45 10.3428 Thomasville Road. Tallahassee ·(arcade remodel and increase seating and add double drive thru) • Square footage was 3,435 and increased to 3,935/ #of seats 115 • # of parking spaces went from 46 to 48 · SECTION 78-46, APPLICATION PROCEDURES, LAND DEVELOPMENT REGULATIONS The City of Palm Beach Gardens Development Application lists out certain standards that must be addressed as part of the submittal requirements. Those standards have been addressed below. 1. What will be the impact of the proposed change on the surrounding area? There will be no impact to the surrounding area as a result of the requests and proposed improvements to the site. The request for approval of the Rezoning, Major Conditional Use, Major Site Plan Review and Waivers will not create nuisance factors detrimental to adjacent or nearby properties or the City as a whole. To the contrary, the use exists and has proven compatible with the surrounding area and the proposed site improvements will increase the functionality and efficiency of the site, while improving the aesthetic look of the existing restaurant. 2. 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, lntergovernme':ltal Coordination and Capital Improvement. Future Land Use Element The Rezoning request to the PUD Overlay District complies with the Goals, Objectives and Policies of the Future Land Use Element of the City of Palm Beach Gardens Comprehensive Plan. · Goal1.1 The Rezoning request complies with this goal, as it promotes a high quality living environment, through compatible land uses and intensities without any threat to the health, safety and welfare of the City's citizens, while remaining in harmony with the surrounding properties and land uses. Objective 1. 1. 1 The Rezoning request complies with this objective, as existing Zoning designations of CG1, as well as the proposed Zoning Overlay District of PUD are consistent with the existing Commercial Future Land Use designation. Policy 1.1 .1. 7 The existing CG1 Zoning designation and proposed PUD Overlay District are consistent with the Commercial Future Land Use designation. The proposed modifications to the existing McDonald's Restaurant remain consistent with this Policy, by continuing to promote commercial uses along a major transportation corridor and located within an accessible site where public services are already being provided. Policy 1.1.2.3 The subject site is located within the Northlake Boulevard Overlay Zone. The project will comply with the applicable regulations of the NBOZ to the greatest extent possible, as required by the City's Code. Policy 1.1.3.1 The proposed request and modifications to the existing McDonald 's Restaurant comply with this Policy, as they discourage sprawl through promoting redevelopment in existing locations with McDo n ald 's a t Northlake Boulevard 6I Page R e z o n I n g , M a j o r C o n d i t I o n a I U s e , M a j o r S i t e P I ·a n R e v I e w , W a i v e r s .. . . . ! . established services. Policy 1.1.3.5 The proposed request for a Rezoning is consistent with this Policy, as they address site modifications and redevelopment opportunities for an existing commercial use, which has been established as such on the City's Future Land Use and Zoning Maps. Goa/1.2 The Rezoning request is consistent with this goal, as it encourages redevelopment activity, has no adverse visual impacts and is ~ot a threat to the integrity of the surrounding neighborhood. Objective 1.2.1 The Rezoning request to the PUD Overlay District is necessary in order to redevelop the parcel as a PUD, in order to make modifications to the existing McDonald 's Restaurant. The site is fully developed and the proposed improvements will not have any adverse impacts on the · natural resources, and it is consistent with the goals, objectives and policies of the Conservation, Infrastructure and Coastal Management Elements of the City's Comprehensive Plan. Objective 1. 2.4 The proposed Rezoning request to the PUD Overlay District is consistent with this objective, as it is necessary in order to make site improvements to the existing McDonald's Restaurant in order to increase the functionality of the site , and promoting efficient site design. The proposed improvements direct redevelopment efforts to an area already developed and established as commercial, along a major roadway. Policy 1.2.4.11 . The proposed Rezoning request to the PUD Overlay District is consistent with this policy, as it furthers the City's goal of encourages redevelopment opportunities for existing properties. The proposed improvement to the existing McDonald's Restaurant represent important development opportunities within the City, as it enhances the efficiency and functionality of the existing site, while promoting positive aesthetics along the corridor and remaining consistent and compatible with the surrounding area. Transportation Element The proposed request to rezone to the PUD Overlay District is in compliance with the Transportation Element of the City's Comprehensive Plan. The rezoning request is necessary in order to make site improvements to the existing McDonald's Restaurant. A Traffic Statement has been included as part of the submittal. Housing Element The request to rezone to the PUD Overlay District is not applicable to the Housing Element, as the development is commercial in nature. Infrastructure Element The request to rezone to the PUD Overlay District is consistent with the Infrastructure Element, as the site and use already exists. The request to rezone will not adversely impact the infrastructure for the site, as the existing fast food use will remain, with the request to make site improvements. Coastal Management Element The request to rezone to the PUD Overlay District will not adversely impact any coastal areas.· Conservation Element The request to rezone to the PUD Overlay District will not adversely impact any conversation areas. The site is fully developed and cleared of ve~~!~t.!~~· with the request being to rezone to PUD t?, .. McDona l d 's a t Northlake Boulevard 71 Page Rezon i ng , Ma j or Conditional Use , Major Site Plan Review , Waivers make site modifications to the existing McDonald's Restaurant. Recreation and Open Space Element The request to rezone to the PUD Overlay District is required in order to make site modifications to an existing commercial development. There will be no impact on recreation and open space. Intergovernmental Coordination Element Not applicable to the subject request. Capital Improvement Element The request to rezone to the PUD Overlay District is required in order to make site mod ifications to a commercial development. The site is fully developed and the use existing. The request will not have an impact on the capital improvements. 3. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? The subject site is fully developed as a fast food restaurant, and has been as such since 1981. The proposed improvements will not impact any natural resources and natiye veg _etation. 4. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? Not applicable as part of this request, as the improvements are part of an existing site and are not a new development. SECTION 78-52, CONDITIONAL USES _ As outlined in Section 78-52 (d) of the Land Development Regulations, a development order application for a major conditional use approval (in this instance, improvements to an existing conditional use) shall demonstrate compliance with certain criteria. Those standards have been addressed below . 1. Comprehensive plan. The proposed use is consistent with the comprehensive plan. The improvements to the existing conditional use are entirely consistent with the comprehensive plan. The renovation of the restaurant fayade, remodeling of the interior, addttion of a second drive thru lane, improvements to the site circulation, additional landscape, and other site improvements will result in a more functional and aesthetically pleasing commercial establishment. 2. Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The improvements to the existing conditional use eomply with all applicable requirements of this chapter. The applicant is proposing improvements to an existing conditional use that will result in a more functional and aesthetically pleasing commercial establishment without creating any threat to the health, safety and welfare of the City's citizens. 3. Standards. The proposed use is consistent with the standards for such use as provided in section 78-159. The existing fast food restaurant with a drive-through use is a major conditional use within the subject site's current Zoning designation of CG-1 (General Commercial), and as part of this request, the applicant is requesting approval to rezone the subject site to PUD/CG-1 (Planned Unit Development Overlay District/General Commercial). Rezoning to the PUD/CG-1 Overlay District will allow for more flexible design standards that promote a more efficient and functional design for the existing fast food restaurant use, as well as improve the aesthetics of the use . 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; M c Donald 's at No r thla ke Boulevard B IPage R e zon i ng , Ma j o r Cond iti onal U se , Majo r Site Plan Re vi e w, Waivers Among the improvements are crosswalks and additional sidewalks along with vehicular directional signage which will result in a safer and more effective means of pedestrian access throughout the site. b. Providing for a safe and effective means of vehicular ingress and egress; Among the improvements are vehicular directional signage, striping and curbs which will result in a sa!er and more effective means of vehicular ingress and egress. c. Providing for an adequate roadway system adjacentto and in front of the site; The existing roadways adjacent to and in front of the site are adequate to service the development. d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and As previously mentioned, among the improvements are vehicular directional signage, striping and curbs which will result in a safer and more effective means of vehicular ingress and egress. e. Providing adequate access for public safety purposes, including fire and police protection. The improvements will provide for adequate public safety purposes including fire and police protection as all proposed access aisles meet or exceed code requirements. 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; The improvements to the existing conditional use include additional landscape throughout the site that will aid in mitigating noise onsite. b. Glare; The improvements to the existing conditional use include additional landscape throughout the site that will aid in mitigating glare onsite. c. Odor; The improvements to the existing conditional use include relocating the dumpster from the northern side of the building to the northwest comer of the site, and constructing a new dumpster enclosure with new landscape screening that will aid in mitigating odor onsite. d. Ground, wall, or roof-mounted mechanical equipment; All mechanical equipment will be roof-mounted and screened from view or landscaped to screen from view. e. Perimeter, interior, and security lighting; Existing outdoor site lighting is proposed to remain including the parking lot lights that provide security to patrons. f. Signs; The improvements to the existing conditional use include new building signage, menu boards, and directional signs that will ultimately be more functional and aesthetically pleasing that what currently exists. g. Waste disposal and recycling; As previously mentioned, the improvements to the existing conditional use include relocating the dumpster from the northern side of the building to the northwest corner of the site, and constructing a new dumpster enclosure with new landscape screening that will aid in mitigating odor onsite. h. Outdoor storage of merchandise and vehicles; McDonald's at Northlake Boulevard 91Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers Not applicable to the subject request. i. Visual impact; and The renovation of the restaurant fa<;ade, remodeling of the interior, addition of a second drive thru lane, improvements to the site circulation, additional landscape, and other site improvements will result in a more functional and aesthetically pleasing commercial establishment. j. Hours of operation. The hours of operation will remain the same. 6. Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The existing underground and overhead utilities will remain unchanged. 7. Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. The improvements to the existing conditional use have no effect on the dimensional requirements of the site as they currently exist. 8. Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. The subject site in not located within any neighborhood area. 9. Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development, The McDonald's Restaurant is an existing use and the improvements being proposed are necessary in order to increase the functionality and efficiency of both the business and the site. The Restaurant has proven compatible with the surrounding uses and the proposed improvements will not cause any incompatibility issues. 10. Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The proposed improvements are consistent with good planning and ·zoning practice, as they make the most efficient use of the site and land. The proposed improvements will not ·cause any adverse impacts environmentally or aesthetically, nor will they have any negative impact on public facilities. To the contrary, the visual and aesthetic appearance of the restaurant will be improved as a result of the proposed modifications and renovations to the site. 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 improvements are in compliance with City of Palm Beach Garden's Comprehensive Plan and applicable Zoning Regulations. The improvements being proposed to the existing McDonald's Restaurant represent important renovation and redevelopment potential within the City of Palm Beach Gardens. Thus, the project and proposed improvements are in compliance with the planning and zoning principles of the City of Palm Beach Gardens. 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 renovation of the restaurant fayade, remodeling of the interior, addition of a second drive thru lane, improvements to the site circulation, additional landscape, and other site improvements will not create nuisance factors detrimental to adjacent or nearby properties or the City as a whole. To the contrary, the use exists and has proven compatible with the surrounding area and the proposed site improvements will increase the functionality and efficiency of the site, while improving the aesthetic look of the existing restaurant. McDonald 's at Northlake Bou l evard 10j Page Rezon i ng , Ma j or Conditional Use , Major Site Plan Re vi ew , Waivers 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 improvements to the existing conditional use will not result in any adverse impacts on environmental and natural resources. NONCONFORMITIES There are existing nonconformities that are located on the subject site. The following is a summary of the nonconformities on the site that will not be impacted as part of the proposed request. 1 2 3 4 5 6 7 WAIVERS 78-344 Table 32 78-344 78-315.b 78-153, table 12 78-319(a) 78-285, table note 2 78-292 Landscape area width around monume·nt on north side Existing Flagpole height is 30' and code maximum for pole-mounted banner is 25 feet. 19' for General Use Following traffic flow 1 island/9 3' 25' 18' n/a . 0' 30' As part of the request, the Applicant is respectfully requesting waivers from the sign and parking requirements of the City's Land Development Regulations (LOR's). As discussed, the Applicant is requesting to rezone the subject site to the PUD Overlay District. As such, Section 78-158 of the City's LOR's establishes criteria for waivers . According to the Section, waivers are "to encourage applicants for planned development, PUD, and, PCD, approval to propose residential and nonresidential projects that are innovative, creative, and utilize planning, design, and architectural concepts that will be of benefit to the city". The three (3) requested waivers are outlined below: 1 2 #of Menu Boards Required Parking Sec. 78-285, Table 24-Menu Board Sec. 78-345, Table 33 McDona l d 's a t No r th l ake Bouleva r d Maximum of one Two (2) (1) menu board boards per restaurant menu 52 parking spaces 41 Parking Spaces Re z on i ng , Ma j or Cond i tional Use , Major Site Plan Rev i ew , Wa i ver s menu board* Reduction in eleven (11) parking spaces 11 1Page One 39.5 SF Word mark** Sec. 78-285, sign on the 3 Wall Signs Table 24-Wall Maximum of one Three (3) Wall south and one Signs (1) per restaurant Signs 10.25 SF Wall Logo ***sign on the east elevation.** *Identified as sign "F" on the signage and site plan exhibits. -Identified as sign "L" on the signage exhibits ,.- ·-Identified as signs "J" on the signage exhibits . Waiver Criteria The proposed waivers are in compliance with the waiver criteria set forth in the City's Land Development Regulations. 1. The request is consistent with the city's comprehensive plan. The waiver requests are consistent with the City of Palm Beach Gardens Comprehensive Plan, as outlined below. Waiver #1 -Menu Boards The proposed waiver request to allow two (2) menu boards is in compliance with all elements of the City's Comprehensive Plan. The waiver to allow two (2) menu boards at the subject site is necessary in order to implement beneficial site improvements that will increase the functionality and efficiency of the site. The dual menu boards are being proposed as part of a renovation to an existing fast food restaurant, that has been established and in operation at this location for years. The granting of this waiver and subsequent installation of a second menu board will allow the vehicles to move more efficiently through the drive-thru facility . This increases the functionality an efficiency of an already established commercial use, along a major roadway and commercial corridor. The proposed request does not alter the character of the existing development or area. The proposed request is consistent with the Purposes, Goals , Objectives and Policies of the City's Comprehensive Plan, as the use will continue to provide services that contribute to livable communities and adhere to growth management principles, while continuing to promote commercial uses along the corridor. The fast food restaurant has been in operation for years and has proven consistent with the City's Comprehensive Plan; the proposed modifications will not impact that consistency . Waiver #2-Required Parking . The proposed waiver request to allow for a reduction in parking will not create any inconsistencies . with the City's Comprehensive Plan. To the contrary, as demonstrated in the Parking Analysis provided as part of the submittal, the 41 parking spaces provided are sufficient to accommodate the needs of the subject site. Objective 1.1.3 of the City's Comprehensive Plan, promotes maintaining land development regulations that encourage infill and redevelopment in the eastern portions of the City. Furthermore, Policy 1.1.3.1.h promotes ensuring "safe and convenient on-site traffic flow and vehicle parking needs". As demonstrated in the Parking Analysis, the provided parking accommodates the parking needs for the project with excess.. The proposed parking layout promotes convenient and safe on-site traffic flow, which is an improvement over the existing conditions for the site. Furthermore, the reduction in parking will allow for beneficial site improvements, which represent positive renovation and redevelopment opportunities within the City of Palm Beach Gardens. Waiver #3-Wall Signs The subject property is located within the Northlake Boulevard Overlay Zone (NBOZ). The NBOZ allows for one (1) sign _e~~ frontage , whereas t~~J:.a~-~ Development Regulations al!ow for oneJ1l McDonald 's a t No rt h l ake Boulevard 121 Pa ge Rezoning , Ma j or Condit i onal Use , Major Site Plan Rev i ew , Wai v ers sign per site. The subject site has two (2) frontages, one along Northlake Boulevard and the other along Sunrise Drive. The project is proposing three (3) wall signs, two on the south frontage facing Northlake Blvd and one (1) facing Sunrise. The request is consistent with Policy 1.1.2.3 of the City's Comprehensive Plan, which states, "a Northlake Boulevard Overlay Zone (NBOZ) shall be maintained on the City's Future Land Use Map. The NBOZ shall apply to all properties along Northlake Boulevard, east of Military Trail, for one property depth north and south of Northlake Boulevard, including the properties in all four quadrants of the intersection at Military Trail". The request for~ waiver for one (1) additional "Logo Sign" on the east or Sunrise frontage is consistent with the intent of the NBOZ. The one (1) additional "Wordmark" sign on th~ south fa<;ade is to allow greater brand recognition while providing architectur~d balance to the proposed new building fayade. Together the two signs will not exceed the maximum allowed SF for the frontage. 2. The request is consistent with the purpose and intent of this section. The waiver requests are consistent with the purpose and intent of the section, as outlined below. Waiver #1 -Menu Boards The waiver request to allow two (2) menu boards is consistent with the purpose and intent of the section. The inclusion of a split queue drive-thru and dual menu board component on this property represents innovate and creative planning and design that increases the functionality of the site, while addressing current market trends which demand a second menu board. Furthermore, the City's Land Development Code does not prohibit the inclusion of a second drive-thru lane within a fast food restaurant use; however, it does limit the number of menu boards to one per restaurant. It is not possible to have a second drive-thru lane without a second menu board. The granting of this waiver is the only way to allow for the second menu board, which is necessary to make the innovative and beneficial improvements that will enhance the circulation and functionality of the site. Waiver #2-Required Parking The waiver request for a reduction in the required parking is consistent with the purpose and intent of the section. As outlined in the Parking Study, the 41 provided parking spaces meet the needs of this project. The proposed site improvements represent innovative and creative planning and design principles. The reduction in parking aids in accommodating these principles by providing a site layout that is conducive to such type of development. The reduction in the required parking will in no way negatively impact the proposed development, as outlined in the Parking Study. Based on the data in the last page of the parking study it is clear that consistently 60%-70% of all sales for this specific site is thru the drive-thru. This further accentuates that the parking demand for the dining room is adequately addressed by the 41 parking spaces being provided. Waiver #3 -Wall Signs The waiver request for two (2) additional wall signs is consistent with the purpose and intent of this section. Although the applicant is proposing three (3) total signs, the two that would face Northlake are well within the allowable SF area for the fa<;ade. The applicant could place one (1) sign on that fayade with a total of 66 SF based on the length of the south fayade. However, to make the architecture more aesthetically pleasing and accentuate the design elements of the building we are proposing two signs that total of 49.75 SF. The architecture being proposed will enhance the aesthetics of the existing site and represents a positive improvement that will benefit the corridor. The addition of the second "Wordmark"l sign is important to the architectural style and business identification. Secondly, the sign proposed on the Sunrise frontage would be consistent with the intent of the NBOZ allowing signage when the property has frontage on two roadways. 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 waiver requests support and further the City's goals, objectives and policies by promoting architectural significance, amenities and employment opportunities, as outlined below. McDonald 's at Northlake Boulevard 13j P age Rezoning , Major Conditional Use, Major Site Plan Rev i ew , Waivers Waiver #1 -Menu Boards The waiver request for a second menu board furthers the City's goals, objectives and policies by representing innovative and creative design regarding the redevelopment of an existing parcel located within the City. The existing fast food restaurant provides employment opportunities. The inclusion of a split queue drive-thru and second menu board will enhance the functionality and efficiency of the use, positively impacting the business. Furthermore, the addition of the second menu board will more efficiently move vehicle.s through the drive-thru component, enhancing the onsite circulation . Waiver #2-Required Parking The waiver request for a reduction in parking furthers the City's goals, objectives and policies by contributing to a site layout that promotes innovative and creative design principles that enhance the sites functionality. The reduction in parking will not negatively impactthe site. To the contrary , as outlined in the Parking Study, the 41 provided parking spaces can successfully accommodate the use. The waiver will allow this local business to increase efficiency and modernize the facility which provides employment opportunities from construction thru operation within the City of Palm Beach Gardens. The modified parking layout promotes improved site circulation and allows for other amenities, such as a split queue drive-thru and 300 SF outdoor seating area, all of which are beneficial to the subject property and increase the aesthetics and use along the corridor. Waiver #3-Wall Signs The waiver request to allow two (2) additional wall signs furthers the City's goals, objectives and policies by promoting architectural improvements. The proposed architecture will improve the aesthetics of the site and the Northlake Boulevard Corridor by providing a more modern and updated look for the existing fast food restaurant. The inclusion of the additional wall signs is critical to the design and business allowing identity on both Northlake Blvd and the side street of Sunrise. The approval of this waiver will allow for the applicant to provide both text signage as well as the logo signage that is highly recognized on both frontages .. 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 granting of the three (3) requested waivers will result in a development that exceeds one (1) or more of the minimum requirements for PUD's. The waiver requests pertain to sign age and parking requirements and regulations. All other elements are either existing or will conform to the PUD development regulations. Please note that the underlying Zoning District is CG1. 5. The request for one or more waivers results from innovative design in which other minimum standards are exceeded. The waivers are a result of innovative design in which other minimum standards are exceeded, as outlined below. Waiver #1 -Menu Boards This waiver request is a result of new market trends for fast food restaurants that require innovative design standards, such as dual menu boards and a split queue drive-thru. The inclusion of a second menu board promotes increase site functionality, circulation and efficiency. The current market trend to redevelop the sites with a split queue drive-thru and second menu board is a result of the demand for a second point of service and aids is moving cars more quickly and efficiently through the drive-thru. This has a positive impact on the overall development by promoting enhanced site circulation and an improved layout for the use . Waiver #2-Required Parking The waiver request for a reduction in required parking promotes innovative design elements for the site. The reduction in parking aids in redesigning portions of the site in a way that enhances onsite circulation and creates a site that functions more efficiently. The approval of this waiver for a reduction in parking will in no wa_'!_ negatively impact the site. The double drive thru or split queue McDona l d 's a t N or thl ake Bouleva r d 14 1 Page Rezon i ng , Ma j or Conditional Use , Majo r Site Plan R e v i ew , Waivers : ~ design is an innovative design that cannot be accommodated with the reduction in parking. The design promotes the expedited service for drive-thru customers which make of 60-70% of all restaurant sales. The tendency for customers to use the drive-thru versus the dining room is significant and subsequently requires less parking than is intended by the code language. The 41 provided parking spaces are sufficient to meet the needs of the use, as demonstrated in the Parking Study. The granting of the parking waiver is necessary in order to implement innovative and positive site improvements. Waiver #3-Wall Signs The waiver request to allow two (2) additional wall signs promotes positive architectura l improvements for the use, as well as the Northlake Boulevard Corridor. The NBOZ Guidelines allow for the subject site to have two (2) wall signs,· one along each frontage (Northlake Boulevard and Sunrise Drive). The two walls signs along the Northlake Boulevard south facade are important to the architectural style of the use and the business itself provid ing identity along Northlake Blvd. Combined, the two signs still do not exceed the maximum allowable sign face area for the south fac;ade. The third sign along the Sunrise Drive east fac;ade is provided to accentuate the architecture of the building. The architecture will improve the aesthetics of the site and the corridor, and the inclusion of additional wall signs is critical to the business and design. 6. The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including en-vironmentally-sensitive lands, drainage and recharge areas, and coastal areas. · · The granting of the three {3) waiver requests will not have any negative impacts on the preservation of valuable natural resources, including environmentally sensitive lands, drainage and recharge areas and coastal areas. The site is already developed and has been in operation for years and will . have no adverse impacts. 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 three (3) waiver requests will result in public benefits such as desirable architectural, building and site design techniques. As has been discussed, the granting of these waiver requests will allow the site to make improvements that will enhance the functionality, efficiency and aesthetics of the site. As part of the proposed site improvements, a second menu board as a part of a split queue drive-thru is being proposed. This split queue drive through enhances the circulation of the site, and increases the efficiency of the business, both a benefit to the public who patronize the business. Furthermore, the proposed site improvements include revised bu ildi ng architecture, which will promote a positive and enhanced aesthetic look for the business and the corridor. The reduction in parking will allow for enhanced site circulation, the addition of an outdoor seating area and other improvements, all of which are positive impacts to the site and the public who patronize the business. 8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The granting of the three (3) waivers and subsequent allowance for a second menu board, three wall signs and reduction in parking will not cause any adverse impact to adjacent uses. There is sufficient buffering and screening existing on the site. 9. The request is not based solely or predominantly on economic reasons. The three (3) waiver requests are not based solely and predominantly on economic reasons. Both waiver requests are necessary to address current market demands and site conditions. The addition of a second menu board and split queue drive-thru address current market demands and trends, that promotes a second point of service. In addition, the second menu board enhances the efficiency and functionality of the site and business by more efficiently moving vehicles through the McDonald's at Northlake Boulevard lSIPage Rezoning, Major Conditional Use, Major Site Plan Review, Waivers drive-thru facility. The reduction in parking is not based on economic reasons, as it is necessary to make positive site improvements that increase the site circulation and functionality. As demonstrated in the Parking Study, the 41 provided parking spaces are sufficient to meet the needs of the business. The two additional wall signs are an important component to the business design. The second wall sign is in compliance with the NBOZ portion of the City's Land Development Code, which allows a wall sign per street frontage. 10. The request will be compatible with existing and potential land uses adjacent to the development site. The three (3} waiver requests are compatible with the existing and potential land uses adjacent to the development site. As has been discussed, the use exists, with the proposed improvements and subsequent waivers necessary to make site improvements that will enhance the functionality, efficiency and aesthetics of the site. The overall intent and character of the development remains the same; there will be no negative impacts to the surrounding area. 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 heaith, safety, and welfare. Waiver #1 -Dual Menu Boards The waiver request to allow for a second menu board wilt be in harmony with the general purpose and intent of this section. The request for a waiver to permit a second menu board will allow for a · split queue drive-thru, which in tum creates a more efficient, functional site layout that addresses current market trends for this type of use. The City's Land Development Code does not prohibit the development of a second drive-thru lane· for a fast food restaurant. The request for a second menu board does not result in any inconsistencies with the City's Land Development Code. To the contrary, it addresses inconsistencies in the City's Code, which allows a second drive-thru lane, but not a second menu board. The allowance of a second menu board will not be injurious to the area involved or detrimental to the public health, safety and welfare . To the contrary, the site has been in operation as a fast food restaurant for years, and has proven compatible with the surrounding area. The approval of the waiver to allow for a second menu board does not change the character or intent of the use. The existing McDonald's Restaurant will continue to remain harmonious and compatible with the surrounding area. Waiver #2 -Required Parking The waiver to allow for a reduction in parking will be in harmony with the general purpose and intent of this section. The reduction in parking is necessary in order to accommodate for site improvements that will improve the functionality and efficiency of the site. The provided parking is sufficient to serve the needs of this restaurant, as outlined in the Parking Study included as part of the submittal. The reduction in parking will not be injurious to the area involved or detrimental to the public, health, safety and welfare. This site has been in operation as a· fast food restaurant for years, and the reduction in parking will not have any adverse impacts on the site, or the surrounding area. Waiver #3-Wall Signs . The waiver to allow for two {2} additional wall signs will be in harmony with the general purpose and intent of this section. As previously stated, the request for a second wall sign on Sunrise is in compliance with the NBOZ Guidelines that allow for one (1} sign per street frontage. The additional 39.5 SF "Wordmark" sign being proposed on the Northlake frontage still stays below the allowable SF for the front fa<;ade per the code requirements. The additional signage is consistent with the intent of the code not to oversize signage for the fa<;ade or corridor. M c Don a I d's a t N o r t h I a k e B o u I eva r d 16 I P a g e Rezon i ng , Major Conditional Use , Major Site Plan Review, Waivers L THE APPLICANT RESPECTFULLY REQUESTS APPROVAL OF A REZONING, MAJOR CONDITIONAL USE, MAJOR SITE PLAN REVIEW AND WAIVERS. ·---·----.. -... ----·--·------- McDonald's at Northlake Boulevard 17 I Page Rezoning , Major Conditional Use, Major S i te Plan Review, Waivers Location Map McDonald's Restaurant 3805 Northlake Boulevard 1 ORDINANCE 28, 2012 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REZONING CERTAIN REAL 6 PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF 7 PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF 8 REAL PROPERTY TOTALING 1.01 ACRES IN SIZE, MORE OR 9 LESS, LOCATED ON THE NORTHWEST CORNER OF 10 NORTHLAKE BOULEVARD AND SUNRISE DRIVE, WITH A 11 STREET ADDRESS OF 3805 NORTHLAKE BOULEVARD, TO BE 12 KNOWN AS THE MCDONALD'S PUD; PROVIDING THAT THIS 13 PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY 14 DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING 15 DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) 16 OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF 17 GENERAL COMMERCIAL (CG-1 ); PROVIDING THAT THE ZONING 18 MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED 19 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A 20 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 21 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 22 23 24 WHEREAS, the City Council, as the governing body of the City of Palm Beach 25 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 26 Statutes, and the City's Land Development Regulations, is authorized and empowered 27 to consider petitions related to zoning and land development orders; and 28 29 WHEREAS, the McDonald's site (3805 Northlake Boulevard) is currently zoned 30 General Commercial (CG-1) and has a future land-use designation of Commercial (C); 31 and 32 33 WHEREAS, the Planning and Zoning Department has reviewed the application, 34 has determined that it is sufficient and consistent with the City's Comprehensive Plan 35 and Land Development Regulations, and has recommended approval; and 36 37 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 38 October 16, 2012, meeting and recommended approval of the subject petition (PPUD- 39 12-04-000027 and CUMJ-12-09-000024) by a vote of 7-0; and 40 41 WHEREAS, the City Council has considered the evidence and testimony 42 presented by the Applicant and other interested parties and the recommendations of the 43 various City of Palm Beach Gardens and Palm Beach County reviewing agencies and 44 staff; and 45 46 Page 1 of 3 Ordinance 28, 2012 1 WHEREAS, the City Council deems approval of this Ordinance to be in the best 2 interests of the health, safety, and welfare of the residents and citizens of the City of 3 Palm Beach Gardens and the public at large; and 4 5 WHEREAS, the City Council has determined that this Ordinance is consistent 6 with the City's Comprehensive Plan based on the following findings of fact: 7 8 1. The proposed rezoning of Planned Unit Development (PUD) Overlay with 9 an underlying zoning of General Commercial (CG-1) is consistent with the 10 future land-use designation of Commercial (C). 11 12 2 . The proposed rezoning is in harmony with the general purpose and intent of 13 the Comprehensive Plan and the Land Development Regulations, and is 14 compatible with the intensity and density of the surrounding , existing , and 15 future land uses. 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF PALM BEACH GARDENS, FLORIDA that: 20 21 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 22 23 SECTION 2. That certain parcel of real property located within the corporate 24 limits of the City of Palm Beach Gardens comprised of one (1) lot totaling approximately 25 1.01 acres, more or less, located on the northwest corner of Northlake Boulevard and 26 Sunrise Drive , with a street address of 3805 Northlake Boulevard , and currently zoned 27 General Commercial (CG-1 ), according to the City zoning map, is hereby zoned 28 Planned Unit Development (PUD) with an underlying zoning designation of General 29 Commercial (CG-1) and is legally described as follows: 30 31 (See Exhibit ''A" for Legal Description) 32 33 SECTION 3. The City Zoning Map is hereby amended to conform to this 34 Ordinance, and the City Manager is hereby authorized and directed to make approp ri ate 35 changes to the City Zoning Map. 36 37 SECTION 4. All ordinances or parts of ordinances in conflict be and the same 38 are hereby repealed. 39 40 SECTION 5. Should any section or provis ion of this Ordina nce or any po rti on 41 thereof, any paragraph , sentence, or word be declared by a Court of competent 42 jurisdiction to be invalid , such decision shall not affect the valid ity of the remainder of 43 this Ordinance. 44 45 SECTION 6. This Ordinance shall become effective immediately upon adoption . 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 Ordinance 28, 2012 r . PASSED this I j.-day of No VEmilBm.. , 2012, upon first reading. PASSED AND ADOPTED this __ day of ______ , 2012, upon second and final reading. CITY OF PALM BEACH GARDENS BY ________________________ __ Robert G . Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: --------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman, City Attorney FOR G :\attomey _share\ORDINANCES\2012\0rdinance 28 2012-McDonalds.docx Page 3 of 3 AGAINST ABSENT Ordinance 28, 2012 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH 216.4 FEET OF THE SOUTH 316.14 FEET OF THE EAST 203.57 FEET OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. CONTAINING 1.01 ACRES, MORE OR LESS. 1 RESOLUTION 98, 2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE MCDONALD'S 6 PLANNED UNIT DEVELOPMENT (PUD) WITH SITE PLAN AND 7 MAJOR CONDITIONAL USE, AS MORE PARTICULARLY 8 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING 9 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; 10 AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, the City· Council, as the governing body of the City of Palm Beach 14 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 15 Statutes, and the City's Land Development Regulations, is authorized and empowered 16 to consider petitions related to zoning and land development orders; and 17 18 WHEREAS, on October 4, 1980, the subject property received site plan approval 19 from the Site Plan and Appearance Review Committee; and . 20 21 WHEREAS, on August 28, 1991, the Site Plan and Appearance Review 22 Committee approved the "McDonald's Playland" to be added to the site and changed 23 the building trim color to teal; and 24 25 WHEREAS, on October 13, 1999, the Site Plan and Appearance Review 26 Committee approved a change to the color of the roof from teal to light brown; and 27 28 WHEREAS, on July 17, 2003, an Administrative petition (ADMN-03-46) was 29 approved allowing new building and roof colors; and 30 31 WHEREAS, the McDonald's site has a Planned Unit Development (PUD) 32 Overlay with an underlying zoning designation of General Commercial (CG-1 ), has a 33 future land-use designation of Commercial (C), and is located within the Northlake 34 Boulevard Overlay Zone; and 35 36 WHEREAS, the Planning and Zoning Department has reviewed the application 37 and determined that it is sufficient and consistent with the City's Comprehensive Plan 38 and Land Development Regulations, and has recommended approval; and 39 40 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 41 October 16, 2012, meeting and recommended approval of the subject petition (PUDA- 42 12-04-000027 and CUMJ-12-09-000024) by a vote of 7-0; and 43 44 WHEREAS, the City Council has considered the evidence and testimony 45 presented by the Applicant and other interested parties and the recommendations of the 46 various City of Palm Beach Gardens reviewing agencies and staff; and Page 1 of6 Resolution 98, 2012 1 WHEREAS, the City Council deems approval of this Resolution to be in the best 2 interests 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 application is hereby APPROVED for a PUD Overlay with site 12 plan and major conditional use to allow modifications to the site plan, landscape plan, 13 and elevations with three (3) waivers, which is in addition to the general requirements 14 otherwise provided by resolution for the real property described as follows: 15 16 (See Exhibit "A" for Legal Description) 17 18 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 19 APPROVES the following three (3) waivers: 20 21 1. Section 78-285, Table 24, Menu Board Sign, to allow one (1) additional 22 menu board sign. 23 24 2. Section 78-285, Table 24, Wall Signs for Principal Structures, to allow one 25 (1) additional Principal Tenant wall sign on the east elevation. 26 27 3. Section 78-345, Table 33, Required Off-Street Parking Spaces, to allow a 28 reduction of 11 parking spaces. 29 30 SECTION 4. This approval is subject to the following conditions, which shall be 31 the responsibility of and binding upon the Applicant, its successors, or assigns: 32 33 1. Prior to construction plan approval and issuance of the first land alteration 34 permit, the Applicant shall schedule a pre-permit meeting with the Planning 35 & Zoning Department. (Planning & Zoning) 36 37 2. All on-site lighting shall be cast downward and shielded in order to minimize 38 "spill over'' onto adjacent properties. (Planning & Zoning) 39 40 3. Prior to the issuance of the final Certificate of Completion issued by the 41 Building Department, all ground-mounted and roof-top mechanical 42 equipment shall be screened from view in accordance with City Code 43 Section 78-377 , entitled Mechanical and Service Equipment Screening. 44 (Planning & Zoning) 45 46 Page 2 of6 Resolution 98, 2012 1 4. Seating capacity within the outdoor seating area shall be limited to no more 2 than sixteen (16) seats. (Planning & Zoning) 3 4 5. Prior to the Certificate of Completion, the Applicant, successors, and 5 assigns shall install the landscaping and irrigation in the road shoulder of 6 the Northlake Boulevard right-of-way adjacent to the property from the 7 eastern property boundary to the western property boundary, in accordance 8 with the approved landscape plan. (Planning & Zoning) 9 10 6. The Applicant, successors, and assigns shall be responsible for the 11 landscaping and irrigation maintenance in the road shoulder of the 12 Northlake Boulevard right-of-way adjacent to the property from the eastern 13 property boundary to the western property boundary, and in the road 14 shoulder of the Sunrise Drive right-of-way adjacent to the property from the 15 northern property boundary to the southern property boundary, in 16 accordance with the approved landscape plan. (Planning & Zoning) 17 18 7. The Applicant, successors, and assigns shall be responsible for the 19 maintenance of its fair share of the Northlake Boulevard median, such share 20 running the length of the subject median, from the eastern property 21 boundary to the western property boundary. (Planning & Zoning) 22 23 8. Prior to the issuance of the final Certificate of Completion issued by the 24 Building Department, digital copies (pdf and CAD) of the approved civil 25 design and architectural drawings, including floor plans, shall be submitted 26 to the GIS Manager. (Planning & Zoning) 27 28 9. Prior to the issuance of the first land alteration permit, the Applicant shall 29 provide a signed and sealed pavement marking and signage plan, or 30 provide the same on the engineering plans. (City Engineer) 31 32 10. The Applicant shall provide the City Engineer with copies of all permits, 33 permit applications, and RAis to and from regulatory agencies regarding 34 issues on all permit applications, certifications, and approvals. (City 35 Engineer) 36 37 11. Prior to the commencement of construction, the Applicant shall provide all 38 necessary construction zone signage and fencing as required by the City 39 Engineer. (City Engineer) 40 41 12. The construction, operation, and/or maintenance of any elements of the 42 subject project shall not have any negative impacts on the existing drainage 43 of surrounding areas. If at any time during the project development it is 44 determined by the City that any of the surrounding areas are experiencing 45 negative drainage impacts caused by the project, it shall be the Applicant's 46 responsibility to resolve said impacts in a period of time and a manner Page 3 of6 Resolution 98, 2012 1 acceptable to the City prior to additional construction activities. The City 2 may cease issuing building permits and/or Certificates of Completion until all 3 drainage concerns are resolved. (City Engineer) 4 5 13. Prior to the beginning of construction, the Applicant shall schedule a pre- 6 construction meeting with City staff. (City Engineer) 7 8 14. Prior to the issuance of the first land alteration permit, the Applicant shall 9 provide to the City letters of authorization from the applicable utility 10 companies allowing landscaping and light poles to be placed within the 11 utility easements . (City Engineer) 12 13 15. Prior to the issuance of the Certificate of Completion, the Applicant shall 14 provide copies of the required testings to the City for review. (City 15 Engineer) 16 17 16. The Applicant shall comply with all Federal Environmental Protection 18 Agency and State of Florida Department of Environmental Protection permit 19 requirements for construction activities. (City Engineer) 20 21 17. Prior to the issuance of the first building permit, the Applicant shall provide 22 the estimated cost of construction certified by a licensed general contractor. 23 In the event the cost exceeds 50 percent of the Palm Beach County 24 Property Appraiser's assessed improvement value of the structure, the 25 Applicant shall be required to provide a photometric plan to the City within 26 45 calendar days of notice provided by the City. All lighting shall be 27 completed prior to the issuance of the Certificate of Completion . (City 28 Engineer) 29 30 SECTION 5. This petition is approved subject to strict compliance with the 31 Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "8": 32 33 1. Alternative Parking Study, Pages 1 through 9, prepared by Kimley-Hom and 34 Associates, Inc., dated September 5, 2012 . 35 36 2 . Outdoor Seating Plan, Sheet 1 of 1, prepared by Wausau Tile, dated June 37 27,2012. 38 39 3. Outdoor Seating Furniture, Pages 1 and 2 of 3, prepared by Wausau Tile, 40 dated June 21, 2012. 41 42 4. Existing Conditions & Waivers Exhibit, Pages 1 and 2, prepared by City of 43 Palm Beach Gardens, dated October 1, 2012. 44 45 5. Site Plan, Sheet C-100, prepared by Kimley-Hom and Associates, Inc., 46 dated October 9, 2012. Page 4 of 6 Resolution 98, 2012 1 6. Site Details, Sheet C-1 02, prepared by Kimley-Horn and Associates, Inc., 2 dated August 28, 2012. 3 4 7. Landscape Plans, Sheets LP-1 through LP-4, prepared by Land Design 5 South, dated September 6, 2012. 6 7 8. Signage Plans, Sheets S-1 through S-7, prepared by Kemp Signs, Inc., 8 dated October 1, 2012. 9 10 9. Dumpster Elevation Details, Sheet AO, prepared by Hartley + Purdy 11 Architecture, Inc., dated February 1, 2012. 12 13 10. Elevations, Sheets A2.0 and A2.1, prepared by Hartley + Purdy 14 Architecture, Inc., dated October 1, 2012. 15 16 11. Colored Elevations, Sheets A2.0 and A2.1, prepared by Hartley + Purdy 17 Architecture, Inc., dated June 12, 2012. 18 19 12. Building Colors and Materials Exhibit, Sheet CB, prepared by Hartley + 20 Purdy Architecture, Inc., dated June 12, 2012. 21 22 SECTION 6. This approval shall be consistent with all representations made by 23 the Applicant or the Applicant's agent at any public hearing. 24 25 SECTION 7. This Resolution shall become effective immediately upon adoption. 26 27 28 (The remainder of this page intentionally left blank) 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 5 of6 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 98, 2012 PASSED AND ADOPTED this __ day of _______ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: -------------------------------Robert G. Premuroso, Vice 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 VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G :\attorney_share\RESOLUTIONS\2012\Resolution 98 2012-McDonalds.doc Page 6 of 6 Resolution 98 , 2012 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH 216.4 FEET OF THE SOUTH 316.14 FEET OF THE EAST 203 .57 FEET OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. CONTAINING 1.01 ACRES, MORE OR LESS. Resolution 98, 2012 EXHIBIT "B" ----------------------------, ALTERNATIVE PARKING STUDY MCDONALD'S-NORTHLAKE City of Palm Beach Gardens, FL Prepared for: McDonald's USA, LLC Tampa, Florida ~=~~~ 147208022 June 2012 Revised July 30, 2012 Revised September 5, 2012 CA00000696 Kimley-Hom and Associates, Inc. 1920 Wekiva Way, Suite 200 West Palm Beach, Florida 33411 561/845-0665 TEL 561/863-8175 FAX TABLE OF CONTENTS EXECUTIVE SUMMARY .......................................................................................... 2 INTRODUCTION ..................................................................................................... 3 DATA COLLECTION ............................................................................................... 5 PARKING DEMAND ANALYSIS .............................................................................. 7 PARKING REDUCTION JUSTIFICATION ................................................................. 8 CONCLUSION ........................................................................................................ 9 APPENDIX A: PROPOSED SITE PLAN APPENDIX 8: PARKING OBSERVATION DATA APPENDIX C: PEAK SEASON ADJUSTMENT LIST OF TABLES Table 1 Observed Parking Demand and Recommended Parking Supply ........ 7 LIST OF FIGURES Figure 1 Site Location ........................................................................................ 4 Figure 2 Study Area ........................................................................................... 6 k :\wpb _tpto\ 14 72\14 7208022 mcdonalds northlake\073012 parking reduction .docx ' EXECUTIVE SUMMARY It is proposed to redevelop the site of the existing McDonald's site located at 3805 Northlake Boulevard in Palm Beach Gardens, Florida. As indicated in the site plan, the proposed site will provide 41 parking spaces. Currently, 57 spaces serve the site . According to Palm Beach Gardens Code, one parking space is required for each 150 square feet of gross floor area plus one space per 250 square feet for employees, resulting in a requirement of 52 parking spaces for the proposed 4,836 square-foot McDonald's. The proposed site will therefore provide 11 fewer sites than the requirement per the parking code . Therefore , this parking study was performed to determine the actual parking demand . The analyses presented within this study demonstrate that, based on the observations conducted and a five percent buffer to provide adequate turnover of space occupancy, 41 parking spaces will provide adequate parking supply for the patrons of the proposed McDonald's. Therefore , the proposed 41 parking spaces will satisfy the parking demand for this McDonald's site. k :\wpb_t pto\1472\14720802 2 mcdonalds northlake\073012 parking reduction .docx I Page 2 ' INTRODUCTION It is proposed to redevelop the site of the existing McDonald's site located at 3805 Northlake Boulevard in Palm Beach Gardens, Florida. The location of the project site is illustrated in Figure 1 . It is proposed to redevelop the project site with a new McDonald's restaurant. The proposed site plan, detailing the proposed modification , is provided in Appendix A As indicated in the site plan, the proposed site will provide 41 parking spaces. Currently, 57 spaces serve the site. According to the Palm Beach Gardens Code, one parking space is required for each 150 square feet of gross floor area plus one space per 250 square feet for employees. Application of the Code results in a requirement of 52 parking spaces for the proposed 4,836 square-foot McDonald's. The proposed site will therefore provide 11 fewer parking spaces than the requirement per the parking code. Since the proposed parking supply is less than the parking requirement required by code, Kimley-Horn and Associates, Inc. was retained to conduct a parking demand analysis for the subject site. As part of this study, the existing project site was visited to observe the demand of the existing parking during peak business periods. This document presents data collected and the findings of the alternative parking study. k:\wpb_tpto\1472\147208022 mcdonalds northlake\073012 parking reduction.docx I Page 3 '· k:\wpb_tpto\1472\147208022 mcdonalds northlake\073012 parking reduction.docx I Page 4 ~--------~~------------------------------------------ DATA COLLECTION Parking occupancy observations were performed at the 3805 Northlake Boulevard McDonald's site at 15-minute intervals in order to capture the parking demand . The observations were conducted on at the following times: • Tuesday, June 12, 2012 from 4:00PM to 6 :00PM • Thursday , June 21, 2012 from 11 :OOAM to 1:OOPM • Friday, June 22, 2012 from 11 :OOAM to 1 :OOPM • Thursday, July 26, 2012 from 8:00 AM to 9:00 AM • Thursday, July 26, 2012 from 12:00PM to 1:OOPM • Thursday, July 26, 2012 from 5:00PM to 6:00PM • Saturday, July 28, 2012 from 8 :00 AM to 9:00 AM • Saturday, July 28, 2012 from 12:00 PM to 1 :00 PM • Saturday, July 28, 2012 from 5:00 PM to 6:00PM Data provided by the operator indicates that the peak weekday for sales is Thursday, and the peak weekend day for sales is Saturday. The breakfast peak hour was 8 :00AM to 9:00AM most weekdays. The lunch peak for each day was 12:00 PM to 1 :00 PM. The dinner peak was 5:00 PM to 6:00 PM on most days. Therefore , observations were made during these time periods. To provide a conservative analysis accounting for season roadway volume variation , a peak season adjustment of 1 .09 was made to the data. This adjustment was based on monthly transaction totals, as provided by the operator. A summary of the 1 5-minute parking demand observations is included in Appendix B. The monthly transaction totals are included in Appendix C. A summary of the total transactions and drive-through transactions, as provided by the operator, is also included in Appendix C. The study area is illustrated in Figure 2. k :\wpb_tpto\ 14 72\147208022 mcdonalds northlake\073012 parking reduction .docx I Page 5 k:\wpb_tpto\1472\147208022 mcdonalds northlake\073012 parking reduction.docx I Page 6 PARKING DEMAND ANALYSIS The obseNed peak parking demand for the project site is summarized in Table 1. As indicated in Table 1, the obseNed peak parking demand occurred on a Thursday at the lunchtime peak. The obseNed peak parking demand for the site was 36 spaces. To provide for efficient parking operations and vehicular turnover within the parking area on site, it is desirable to provide a buffer between the supply of parking on a site and the parking demand. Therefore , the obseNed peak demand rate was adjusted upward by five percent (5%) to determine an appropriate parking supply rate. This adjustment results in the determination that the project site should provide 41 parking spaces to adequately seNe its patrons. As indicated in the proposed site plan, it is proposed to provide 41 parking spaces. Table 1 Observed Parking Demand and Recommended Parking Supply Observation Period Observed Peak Peak Season 5% Turnover Buffer Recommended Parking Demand Adjustment {1.09) Parking Supply Thursday 6/21/2012 36 39 2 41 12:35 PM k:\wpb_tpto\1472\147208022 mcdonalds northlake\073012 parking reduction .docx I Page 7 PARKING REDUCTION JUSTIFICATION A parking reduction is being requested for the McDonald's restaurant located at 3805 Northlake Boulevard in Palm Beach Gardens, Florida. The basis for the parking reduction request that pertains to this application is listed below. • The existing project site includes 57 parking spaces. The proposed site is expected to decrease the parking spaces by 1 8 percent; however based on observations that were collected on multiple weekdays and a weekend day, during peak hours of sales, the peak parking requirement on site was 36 parking spaces. Adjusting the data to peak season conditions and including a 5% buffer for traffic circulation , the par king demand is 41 spaces. Therefore, the proposed parking supply is expected to accommodate the parking demand. • The drive-thru circulation is being improved, making it more likely t h at patrons will be able to utilize the drive-thru lane rather than parking . Currently, if the drive-thru stacking lane is completely occupied , patrons have the choice of parking , or exiting the site. With the proposed site p lan, patrons not able to enter the drive-thru lane may circulate internally and re- enter the lane, making it more likely for patrons to utilize the drive-thru lane rather than parking. Similarly, patrons will be able to circulate internally w ithin the site to find available parking , rather than having to exit the site. k :\wpb _ t pt o\ 14 72\1 47208022 mcdonalds northlake\073012 parking reductio n .docx I Page 8 CONCLUSION The existing McDonald's restaurant site located at 3805 Northlake Boulevard in Palm Beach Gardens, Florida is proposed to be redeveloped with a new McDonald's. The proposed site will provide 41 parking spaces on site. The Code for Palm Beach Gardens requires 52 parking spaces for this site. This request, therefore, is for an 18 percent reduction in parking compared to the existing Code. The analyses presented within this study demonstrate that, based on the observations conducted and a five percent buffer to provide adequate turnover of space occupancy, 41 parking spaces will provide adequate parking supply for the patrons of the proposed McDonald's. Therefore, the proposed 41 parking spaces will satisfy the parking demand for this McDonald's site. k :\wpb _ tpto\ 14 72\147208022 mcdonalds northlake\073012 parking reduction .docx I Page 9 APPENDIX A: PROPOSED SITE PLAN k:\wpb_tpto\ 1472\147208022 mcdonalds northlake\073012 parking reduction .docx " '"' -""' ''" ,.,_, YOIW1;:1 SN30HV~ HOV38 r'n't'd i:L-9L-90 SLN31'11'100 .UO ~ -'t::l~-~ 011 'VSn S.OlVNOOOifll otlt.._-u£ :XVJ CIOu-MW;-u£ 'lNDIIol £SSSS 0 lL-iL-110 SJ.N31'11't00 AJ.IO IDd Olllr1J 'M:IniOQ\ 'DOilLI'S 'UJIILS ltltl ~ ~~~ ''" .. ~ lL-Lt-LO SLN31'11'100 AJ.O l:lld ,. 'DI.Vt:lla\'Cift' NIDf-IJ'ID ~~or· NVld 311S lKH 03liVd3lld 0 ll-L0-110 SJ.N31'11'100 .IJ.I:) l:lld ~~·~~=~ '3'd'SN3HN¥111'lill3d £9£0-60 .,... ZlOZ:-H-10 u n-a~:-wo SJ.N31'11't00 .uo ijJd 31YO '"""''"""~ Z:Z:OBOUYL GAlS 3>1VlHHION di jll r~~ ~dd ~El811il ~ i ~ !! 0 JiliN! I 1 ! ll!nhi nl1 !! 1 ~~i~~!~~~~~~!~~!~ . ~ a ii!l ~~~~~~~~ nhUU ~~~~~~~~~ --------------------------------------------------------- APPENDIX B: PARKING OBSERVATION DATA k:\wpb _ tpto\ 14 72\14 720 8022 mcdonalds northlake\073012 parking reduction. dOC X -----------------------------------• Tuesday, June 12, 2012 Thursday, June 21, 2012 Friday, June 22, 2012 Thursday, July 26, 2012 Saturday, July 28, 20U PM PEAK HOUR LUNCH PEAK HOUR LUNCH PEAK HOUR BREAKFAST PEAK HOUR BREAKFAST PEAK HOUR Time Parked Vehicles Time Parked Vehicles Time Parked Vehicles Time Parked Vehicles Time Parked Vehicles 4 :00PM 22 ll:OOAM 25 12 :00 PM 29 8:00AM 27 8:00AM 19 4:05PM 22 11 :05AM 30 12 :05 PM 30 8:05AM 29 8:05AM 17 4 :10PM 20 ll:lOAM 30 12 :10 PM 31 8:10AM 29 8:10AM 17 4 :15PM 18 11:15AM 27 12 :15 PM 30 8:15AM 28 8:15AM 16 4 :20PM 19 11 :20AM 31 12 :20 PM 33 8:20AM 26 8:20AM 17 4:25PM 21 11:25AM 33 12:25 PM 35 8:25AM 25 8:25AM 18 4:30PM 22 11:30AM 32 12:30 PM 33 8:30AM 25 8:30AM 19 4:35PM 23 11 :35AM 32 12:35 PM 30 8:35AM 26 8:35AM 19 4 :40PM 24 11 :40AM 31 12 :40 PM 30 8:40AM 27 8:40AM 21 4 :45PM 20 11:45AM 33 12 :45 PM 24 8:45AM 30 8:45AM 20 4 :50PM 24 11 :50AM 34 12 :50 PM 26 8 :50AM 29 8:50AM 19 4 :55PM 26 11 :55AM 33 12:55 PM 25 8:55AM 25 8:55AM 21 5:00PM 29 12 :00 PM 28 1:00PM 25 9:00AM 23 9 :00AM 22 5:05PM 23 12 :05 PM 28 Maximum 35 Maximum 30 Maximum 22 5:10PM 21 12 :10 PM 29 5:15PM 18 12 :15 PM 30 Thursday, July 26, 2012 Saturday, July 28, 2012 5:20PM 18 12 :20 PM 31 LUNCH PEAK HOUR LUNCH PEAK HOUR 5:25PM 17 12 :25 PM 35 Time Parked Vehicles Time Parked Vehicles 5:30PM 17 12 :30 PM 28 12:00 PM 29 12:00 PM 26 5:35PM 16 12 :35 PM 28 12 :05 PM 33 12 :05 PM 25 5:40PM 14 12 :40 PM 27 12:10 PM 34 12 :10 PM 26 5:45PM 15 12:45 PM 27 12:15 PM 34 12 :15 PM 27 5:50PM 15 12 :50 PM 29 12 :20 PM 28 12:20 PM 25 5:55PM 14 12:55 PM 32 12 :25 PM 30 12 :25 PM 27 6:00PM 15 1:00PM 31 12 :30 PM 30 12:30 PM 30 Max imum 29 Maximum 35 12 :35 PM 36 12 :35 PM 31 12:40 PM 32 12 :40 PM 33 12 :45 PM 32 12 :45 PM 32 12 :50 PM 36 12 :50 PM 33 12 :55 PM 36 12:55 PM 30 1:00PM 33 1:00PM 32 Maximum 36 Maximum 33 Thursday, July 26, 2012 Saturday, July 28, 2012 DINNER PEAK HOUR DINNER PEAK HOUR Time Parked Vehicles Time Parked Vehicles 5:00PM 23 5:00PM 26 5:05PM 22 5:05PM 26 5:10PM 17 5:10PM 24 5:15PM 17 5:15PM 25 5:20PM 16 5:20PM 24 5:25PM 15 5:25PM 23 5:30PM 13 5:30PM 25 5:35PM 18 5:35PM 27 5:40PM 17 5:40PM 25 5:45PM 16 5:45PM 24 5:50PM 14 5:50PM 24 5:55PM 13 5:55PM 24 6:00PM 12 6:00PM 23 Maximum 23 Max imum 27 APPENDIX C: PEAK SEASON ADJUSTMENT k:\wpb_tpto\ 14 72\14 7208022 mcdonalds northlake\073012 parking reduction .docx Month Total #Transact ions July 2011 44343 August 2011 47510 September 2011 43371 October 2011 45934 November 2011 45758 December 2011 48306 January 2012 44525 February 2012 44270 March 2012 47045 April2012 45094 May 2012 46375 June 2012 44650 Peak 48306 July Transactions 44343 July-to-Peak Ratio 1.09 Total Drive-Thru Dining Room Sun July 22, 2012 Transactions Transactions Transactions NS05892 NORTHLAKE 1278 842 436 Overnight (12 -4am) 90 90 Breakfast (4 -11am) 409 270 139 Breakfast Peak (9 -1 0 am) 105 63 42 Lunch (11am-2pm) 256 157 99 Lunch Peak (12 -1 pm) 92 54 38 Snack (2 -5pm) 228 126 102 Dinner (5-8pm) 168 115 53 Dinner Peak (5 -6 pm) 65 45 20 Late Night (8pm -12am) 184 141 43 Sat July 21, 2012 NS05892 NORTHLAKE 1609 1100 509 Overnight (12 -4am) 56 56 Breakfast (4 -11 am) 501 312 189 Breakfast Peak (9 -10 am) 134 82 52 Lunch (11am -2pm) 355 215 140 Lunch Peak (12 -1 pm) 132 81 51 Snack (2 -5pm) 277 186 91 Dinner (5-8pm) 192 136 56 Dinner Peak (5 -6 pm) 66 48 18 Late Night (8pm -1 2am) 193 160 33 Frl July 20, 2012 NS05892 NORTHLAKE 1665 1061 604 Overnight (12 -4am) 41 41 Breakfast (4 -11 am) 508 316 192 Breakfast Peak (8 -9 am) 140 78 62 Lunch (11am -2pm) 359 206 153 Lunch Peak (12 -1 pm) 134 69 65 Snack (2 -5pm) 305 183 122 Dinner (5-8pm) 234 146 88 Dinner Peak (5 -6 pm) 97 64 33 Late Night (8pm -12am) 203 154 49 Thu July 19, 2012 NS05892 NORTHLAKE 1671 1078 593 Overnight (12 -4am) 44 44 Breakfast (4 -11am) 528 347 181 Breakfast Peak (8 -9 am) 132 87 45 Lunch (11am-2pm) 391 228 163 Lunch Peak (12 -1 pm) 146 81 65 Snack (2 -5pm) 307 189 118 Dinner (5-8pm) 200 124 76 Dinner Peak (6-7 pm) 74 44 30 Late Night (8pm-12am) 204 149 55 Tue July 17, 2012 NS05892 NORTHLAKE 1506 1041 465 Overnight (12 -4am) 39 39 Breakfast (4 -11 am) 537 353 184 Breakfast Peak (9 -1 0 am) 134 83 51 Lunch (11am -2pm) 353 214 139 Lunch Peak (12 -1 pm) 146 75 71 Snack (2 -5pm) 203 148 55 Dinner (5-8pm) 205 142 63 Dinner Peak (5 -6 pm) 76 52 24 Late Night (8pm-12am) 161 137 24 OPTION 2 REV 2 SIGN BELOW IF DRAWINGS ARE APPROVED W/ MARKED CHANGES PLEASE VERIFY ALL DIMENSIONS PRIOR TO RELEASING DRAWINGS APPROVED: _____ _ DATE:-------- (SIGNATURE ABOVE ILLUSTRATES ACCEPTANCE OF DIMENS IONS SHOWN.) WAUSAU ITEM# SEATING 2228 2307 7205 TABLES Contact: Michele Wonyetye Phone: (561) 863-3456 Fax/Email: michele.wonyetye@us.mcd.com Contact: Tim Chess Phone: (772) 486-4190 Fax/Email: tim.chess@us.mcd.com QTY DESCRIPTION ~ 1 Lorna Dining Bench ,., 15 Lorna Dining Chair "' 16 Anchor Kits for Chairs 1034~ 1 Lorna Dining Table-ADA I IN GROUND MOUNT 1042 ~ 3 Lorna Dining Table IN GROUND MOUNT Date: 6/21/2012 Ship To: McDonald's #5892 3805 Northlake Blvd. Palm Beach Gardens, FL 33406 Bill to: To be determined OPTION 2 -Revised 1 MATERIAL COLOR[FINISH DIMENSIONS WGHT TOTAL AMOUNT OF SEATS (INC. ADA) -19 Aluminum Frame: To be determined 57"L X 19"W X 18"H 60 Inserts: To be determined Aluminum Frame: To be determined 24"W X 21"D X 33"H 30 Inserts: To be determined N/A N/A Includes 4/set 0 Aluminum Frame: To be determined 57"L X 36"W X 29"H 165 Inserts: To be determined (Installed Height) Aluminum Frame: To be determined 36"Sq X 29"H 120 Inserts: To be determined (Installed Height) Page 1 of 3 MADE IN WAUSAU• Wausau Tile UNIT PRICE EXTENSION $325.00 $325.00 $185.00 $2,775.00 $20.00 $320.00 $625.00 $625.00 $470.00 $1,410.00 1047~ 1 Lorna Dining Table-ADA INGROUND MOUNT WASTE CONTAINERS I SNUFFERS 3401 1 Daniel Waste Container Aluminum Frame: To be determined Inserts: To be determined Aluminum: To be determined fUIEMENT TF9001 1 Driver to assist in the placement of lounge chairs and placement of remaining pallets Customer/GC/Contractor responsible for unloading product off pallets Page 2 of 3 36"Sq X 29"H (Installed Height) 21"Dia x 44"H MADE IN WAUSAU• Wausau Tile 120 $470.00 $470.00 140 $650.00 $650.00 0 $0.00 $0.00 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 www.pbgfl.com EXISTING SITE CONDITIONS & WAIVERS McDonald's -Northlake Boulevard Dated: October 1, 2012 EXISTING SITE CONDITIONS There are existing nonconformities that are located on the subject site. The following is a summary of the nonconformities on the site that will not be impacted as part of the proposed request. CODE DESCRIPTION SECTION Existing Site Conditions Code Existing 1 78-344 Table 32 West side parking area does not confonn to 19' for 18' cunent code for 70 and 60 degree parking General Use The 60 degree parking on the southwest Following 2 78-344 pmtion of the project faces against the traffic traffic flow n/a flow. 3 78-315 .b West parking does not have tree islands every 1 island/9 13 spaces 9 spaces spaces 4 78-153 , table 12 Front setback 50' 48.8 5' North -Landscape buffer width 8' 6.48' 5 78-319(a) South -Landscape buffer width 20' 6.77' East -Landscape buffer width 15' 7.02 ' West-Landscape buffer wi dth 8' 6 .84' 6 78-285 , table 24, Landscape area width aroun d monument sign 3' 0' note 2 on north side (rear) 7 78-292 Existing F lagpole height is 30' and code 25' 30' maximum for pole-mounted banner is 25 feet. WAIVERS As part of the request , the Applicant is respectfully requesting wa ivers from the sign and parking requirements of the City 's Land Development Regulations (LOR's). As discussed, the Applicant is requesting to rezone the subject site to the PUD Overlay Dist r ict. As such, Section 78-158 of the City's LOR's establishes criteria for waivers . According to the Sect ion, waivers are "to encourage applicants for planned development, PUO, and, PCD, approval to propose residential and nonresidential projects that are innovative, creative, and utilize planning, design, and architectural concepts that will be of benefit to the cit "._ _____________ --· ___________ _ - liP ag .e The three (3) requested waivers are outlined below: Waiver Waiver LOR Section Required Proposed Waiver Requested #of Menu Sec. 78-285, Maximum of one (1). One (1) additional 1 Boards Table24-menu board per Two (2) menu boards menu board* Menu Board restaurant 2 Required Sec. 78-345, 52 parking spaces 41 Parking Spaces Reduction in eleven Parking Table 33 (11) parking spaces One 39.5 SF Sec. 78-285, Wordmark** sign o n 3 Wall Signs Table 24-Wall Maximum of one (1) Three (3) Wall Signs the south and one Signs per restaurant 10.25 SF Wall Logo ***sign on t he east elevation.** *Identified as sign "F" on the signage and site plan exhibits. **Identified as sign "L" on the signage exhibits ***Identified as signs " J" on the signage exhibits. ----: . 21 Page FOUND 4"X4" CONCRETE ··1 MONUMENT PRM 1.83870 (~20/11) ELEVATION+ 13.94 FOUI>ID 4"Xil" CONCRETE --, MONUMENT ' PAM LB3870 (9120111) APPROXIM_ ATE ~0 ATlON Of SANITARY S CONTRACTOR TO RIFY EXACT LOCA nON 0 THERE IS NO FUCT ~ARO~E PRCPOfD t.tENU '10'WE~j ~ ~ (rrP)~ ~ w ~ CJ)fi. -o I a: iil ~~~ I I ACC6SI!IL PAAKI<G S1GN (FlP-2<>-06) MlH Pa.ALTY AT EAai ACCESSD..E PARKING SPACE I l.B$53 (9'20111) 1 • '· .......... FOIJND DRll HOLE NO ID.(9120111) HYUNDAI AUTO DEALER (NOT LOCATED) SITE DATA LOCATION: ADDRESS: PARCEL CONTROt.. NO: EXISTINOZONINO: PROPOSED ZONING : !.AND USE: SITI!AREA: BUILDING HEIGHT: McOONAlOS R£STAURAHT SEAnNG CAPN:;frt: LOT COVERAGE : BUILDING .AREA: IMPERVtoUS AREA; PERVIOUS AREA : BUILOINGSE!fW::!(S; FRONT REAR SIDE STREET SIDE PARKING §UM!MBY STANOARO ACCESSIBLE PER ADA TOTAL PARKWG PARKING RAM LOADINOZONf. VERTICAL MJUM SECTION 15, TOWNSHIP CZ S, RN«JE C3 E 3805 NORTHlAKE BLVD PALM BEACH GARDENS, FLORIDA33400 52-43-42-1!'MXI-OIJG.T222 CG1 • GENERAL COMMERCIAL PUOI'CG-1 & C-COMMERCIAI. 44,000 SF 1.01AC MAXIMUM PROVIOEO -,..--1V'•11' .. .w!ill!!!!. ~ 4,526SF 4,536SF 30.10TSF :ZV,449SF 8,781SF 10,015SF RECUfRED ~ "" ..... ,. 61.29' "' 74.41' ,. 79.4< = ~ !50 ,. 2 2 52 41 1 SP/1!50SFPI.US 1 SP 1250SFFOR EMPLOYEE PARIQHG: SF INCLUDES 300SF PATIO AREA 1(12'X36') 1(12'X31S) & !!!& PROVIQEO ,.,. "" "" "'' ELEVAT10NS SHOWN HEREON ARE RElAnYE TO THE NATIONAL GEOOET1CVER11CAI.OATUMOF um, BAS€0 ON PAlM BEACH COUNTY BENCH MARK NO. $-129.1 . ELEVATION +ll.2tll!l LOc:AT£DOHSfPTUtiER2D.2011 AT T5 FEET MORE OR LESS NORTH OF THECENTERUNE OF lAKf PMKWEST~AND 110FEETMOREOR LESS WEST OF THE CENTER~EOFSLVER . ~ LANDS SHOWN HEREON ARE LOCATED wtrHIN AN AREA HAVING AlONE DfS'GHATION B 8'f TltE FE.OEIW. EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD INSUIWCERATEMAPNO. 120Z21 004 B. FOR COMMUNrTY NO. 120221 , DATED JANUARY 3, 1919, AND INDEX MAP REVISED, OCT08ER2, 198T,NID IS RELATIVE TO THE NATIONAL GEODETIC VER"OCAL~TUMOF19'l9. • DRIVE-THRU DETAIL SCA.LE: 1'•'111 --:-~s-~-; _R _________ ................................................ _.-+--......................................... -----------........................ ____ "" __ /-;----................ ~--------- ELEVAllON +12.62 25· fli'FERE"'CE CORNER ELE,~~N •12 l ~~~~~~~~~~~.;...-~~~~~~~~~~~~~~~~~~~~~~~~~ I <l= SIGN LEGEND ~ ~=~CESIGH & C. PROPOSED PRIMARYCNfOf"tAMJC.O.O. D. PROPOSED SECONDN\Y CNIOV'f AND C.O.D. E. PROPOSED PRIMARYMEHUI!OMD F. PROPOSED SECONDMYMEHUBOMD 0. PROPOSED DIRECT10tW.S04 H. PROPOSED DIRECTlOtW..SQ\1 L PROPOSED DIRECT10tW..$GN SITE LEGEND J. EXISTING MONUMENT SIGN K. PROPOSED DIREC'TJC:)M.ARRON, TYP. L. PROPOSED Mc:DONALD'S GOlDSTANc.t.RD TRNFJ:: ARROW STRiptNG (PM$ 123 YEI..l.OW), TYP. M. PROPOSED r PMS 123 YB.l.OWSTRIPE N. PROP08EOPAVEMEHTMAAKINQ(FII8t2S~ Q. PROPOII!D DOUBlE HfADEDMROW' P. REMOIED Q. PftOPOND M!ftOE POtHT (r ... 1Z:SYE11Dti' STRIP!) R. VUSTlNOIOI..I.MD 8 . £XISTIHQ nJiG PCU T. flttOPCleEOTRAittOORIW. U. AOAPAMllG Y. ADA CURl RAMP wmt DETECTAIU f'ROfii08ED WARIIHO W. PROPOSE.DTYPEVCURB X. PROPOSED TYPE •p CURBMDOUTT'Bt PAVING LEGEND D HEAVY DUTY CONCRETE PA~EffT ~ STANDARD DUTY CONCRETE PAVEMENT ~ NJADETECTABlEWAANNGSURF.'CE ~ PAVIERSIOEWotLK. SIGN LEGEND ~~l ~=,·-~ I!:!'.:J PENAllY & ~ ... 8TOPS1GN 0 (R1 ·1) I(' I RQHTTURH~Y- ON.Y ,...., NOTE: \ I GRAPHIC SC"LE IN FEET 0 10 20 40 'Ail'PAVEMENT MARKING AI'DSTRIPING, ~PARKING STALL8TRIPfoiG SHALL BE INSTALLED WITH~ W.TERW.S FOR CONFORMANCE WITH SEC'TlON 78-344 OF THE CITY'S L.DRS. 1.5' , -r L ... -L~ .. J I CALL 48 HOURS BEFORE YOU DIG IT'S THE LAW! DIAL811 :i i5 .. "' ~ c. i;l ~ :::J g ~ c1 t.i ~:;: ~ ~ -10 .,.a ~-~ ~ {ia § ~ ~~ 0 6';-cc o l=:< "' u _§-g 0 !$: ii :::.:::cu ?i 'g"'~ ~ 5 ~~ ~ :I: t:= I 0 6 ~~! ...J 1-('11.&.1 II ~.~~ ~ ~~H ~ 0 ~i ~ ; w a: e; u; ~ t5 z..., "" Ill"' :z e:li <( > ~"' -; ~ "" I=' "" a. z <( _J a.. w l-- en SHEET NUMBER C-100 ; 1 ~-a ~ I o ms ; : m ~ .:-t ~ i z i ~ ~ 0. g -~ 'a~ "· ~: ! ~ 12" -j j-(T'n>.) I ----f--... '---t----12'~---f----o'-O"---f-----o·'-<S"------{ f--12' PARKING STALL STRIPING (HAIRPIN) N.T.S 12" 'MillE 0 3' o.c. v ~L. ..L..IL,-1-.._. ........ __ _l e WHITE_/ CROSSWALK N.T.S DOME PATTERN SHALL BE IN -LINE Wlni DIRECTION OF lRA'IEL Q TRUNCATED DOME d(SE'EDETAIL) rO"--:;jr'NTEiAl DOW£ o 0 0 ~r o o o T TRUNCATED DOME DETECTABLE WARNING N.T.S 1 J 0 4" WHITE ® 4" BLUE @ <~=y~~~) BUILDING WALL OR 6"'x8"' CURB so• STALL STRIPING N.T.Ii F1NE PER LOCAL COOE N1 °~5 SIGH WAY ' ALSO B£ WALL IIOUNTED 2. SEE ALSO SIGN liAS£ DETAILS 1 70" STALL STRIPING N,T,S ~~~~I"~~~ ~OIA..~~~ (ST~~~~~ .3,500 P.S.I. CONC$:ETE SIGN BASE WITHIN LANDSCAPED AREA SIDEWALK JOINTS SIGN BASE N,T,$ SIGN BASE WITHIN PAVED AREA 3" MIN . TABL£ OF SIDEWALK JOINTS m>E LOCATION ICO' MN<.. 5PACIH6, P.C.ft'.T. ... ocfs11~R~~ Nt:=~S . ... ~·-rr CENTER TO CD4TER 'M-IERE SIOEWAUC ABUTS 'C' CONCRETE CURBS. ORI'JU'AYS AND SIMILAR STRUCTURES. ~ ~ <( "' "' I I ~ "' I ~ "' 0 ~ i5 "' :> ~ :> 0 iii u i': <( J: u "" ~ ffi 0. d ..5 ~ sf 0 ~:;: ~ ~~ ~ a; ~ ~~~ ~J < <~ a;-§ ~~~ ~ ;~ e-o 2ffi ~ g'"" ~ ~ :~ ~ ~ 0 1-1 o ! ~~ t II ~ ~~~ :lo:e:,....~ ~ ;~~ ~ 0 r:i iE (/) .....J ~ LU 0 LU 1-- C/J ~ >-.. ~ < 0 V1 z 0 Vi ~ "' ~ -. ~"' '"'"'" • • ACCESSIBLE PARKING SIGN C-1 02 !1'!--------------------------------~A~C:C:E:S:S:I!:~:E::RAM~~PS~--------------------~----------------~~-----~·~~~------------------------------------------------~----------------------~-----------~ t "'e d £~ STANDARD CROSS SECllON CONCRETE SIDEWALK N.T.I VACA NT (NO BU ILDINGS) IOO'ROW NOR THLAKE BO ULE VARD (PUBLIC RIGHT OF WAY) .... -------- ~I --------------- f:l'n .._-.EEI..OW. .CALL-.,....,. CII R tlro...,.__,. --- r I I I /w >s:- a:~ _/ ~~~ (/)0: -o i !!i ~ ::::>- (/) r--- LOCATION MAP NTS "' 1'5 Q ~ 3 ! § ... ~ ll! ~ NORTHLAKE "" BLVD '-SITE 1'5 3 ~ I I i PROPOSED MCDONALDS LANDSCAPE SCHEDULE DROUGHT TOLERA NT NATIVE orr CODE 4 cs 3 LJ 5 QV SP VM 32 CHR 25 CHR* 8 CRI ISS ILV 10 JM ISS (475 SF) DIA 205 (627 SF) UR . 180 (758 SF) TRF 594SF SOD NAnve, 51" BOTAN ICAL NAME Cordia sebestena Ligustrum japonicum Quercus virginiana Saba! palmetto Veitchia montgomeryana Chrysobalanus lcaco 'Red Tip' Chrysobalanus icaco 'Red Tip' Crinum augustum llex vomltorla 'Shelllngs Dwarf Jasminum multiflorum COMMON NAME Orange Geiger Tree Tree Ligustrum Live Oak Saba( Palm Montgomery Palm Red Tip Cocoplum Red Tip Cocoplum Queen Emma Crinum Dwarf Yaupon Downy Jasmine GROUNDCOVERS Dianella tumanica Raxllly Liriope muscari 'Super Blue' Super Blue Uriope Tripsacum floridanum Aorida Gamagrass Stenotaphrum secundatum 'Fioratam' St. Augustine EXISTING LANDSCAPE SCHEDULE NATIV E orr !;;QI:!~ BQit!lt:IIQ.L t:lt!ll:l~ !;;QI:II:!Qt:lt:lt!ll:l~ TREES QV,p Quercus virginia Live Oak EU.p Eucalyptus spp. Eucalyptus spp. CD.p Coccoloba diversifolia Pigeon Plum CD*,p Coccoloba diversifolia Pigeon Plum SM.p Swietenia mahogani Mahogany SS.p Senna Sun.ttensis Cassia Glaua PALMS 2 PE.p Ptychosperma elegans Solitare/ Alexander Palm 12 SP.p Sabal palmetto Sabal Palm I SP.r Saba! palmetto Sabal Palm 2 51\.p Syagrus romanzoffiana Queen Palm 3 WB.p Wodyetia bifurcata Foxtail Palm 6 FB,p Ficus benjamlna Weeping Fig I HRS,p Hibiscus rosa-sinensis Red Hibiscus 7 JN,p juniperus spp. Juniperus u 23 (52 SF) BD,p Breynia dlsticha Hawaiian Snowbush . 245 (545 SF) CHR.p Chrysobalanus lcaco 'Red Tip' Red Tip Cocoplum 23 (52 SF) COD,p Codiaeum variegatum 'Manmey' MaiTWTley Croton 69 ~I SS SF! DUR.p Duranta. erecta 'Gold Mound' Gold Moun d Dun.nta 60 135 SF HIB,p Hibiscus spp. Hibiscus 24 (55 SF) JS.p Jasminum simplicifolium Wax Jasmine 5 (IOSF) JM,p Jasminum multiflorum Downy Jasmine 123 (275 SF) LJ,p Ligustrum japonicum l.igustrum 14 (30 SF) SCH,p Schefflera arboricola. 'Trinette' Dwarf Scheftlera 5 (5 SF) ILN.p llex vomitoria 'Nana' Dwarf Yaupon Holly 108 (240 SF) VIB.p Viburnum suspensum Sanda.nkwa Viburnum 3,398 SF SOD Stenot2phn~m secundatum 'Fioratam' St. Augustine SIZE & REMARK B&B. 12' Ht x 5' Spr .. 2.5" Cal. B&B, 12' Ht X 5' Spr .. 2.5" Ca l. B&B, 12' Ht x 6' Spr .. 2.5" Ca l. 8' CT, Booted I 0' CT, 4" dbh min. #3, 24" x 24", 24" OC., Full #7, 36" x 24". 30" OC .. Full #7, 3' OA Ht. Spe<imen #3, 24" x 18", 24" OC., Full #3, 20" x 20", 24" OC., Full #3, 18" x 18", 18" OC., Full #1.16"x16".18"0C .. Full #3, 20" x 20", 24" OC., Full Solid Sod ~1:1:~" l!~l:lt!II!IS; Existing 20' Tree To Remain Existing To Remain Existing To Remain Existing 18' Tree To Remain Existing To Remain Existing To Remain Existing To Remain. Quadruples Existing 12' C.T. Palm To Remain Relocate 12' C. T. Palm On-Site Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Remain Existing To Rermin Solid Sod TOTAL POINTS IPER PLA ND 60 (IS) 45 (IS) 75 (IS) 9.9 (3.3) 5.3 (5.3) qm ISS (ll 10(1 95(2/IOSF) 125.4(2/IOSF) 151.6 (2 I 10 SF) I POINT& 7'172 TOTAL POINTS (PER PLA NT) 20 (20) 5 (5) 45 (IS) 42 (2 1) 10 (5) IS (5) 6.6 (3.3) 87.6 (7.3) 7.3 (7.3) 2(1) 9.9 (3.3) 6 (I) 1(1) 7 (I) 23 (I) 'ti!B 69 (I) 60 (I) 24 (I) 5 (I) 123 (I) 14(1) 5 (I) 108(1) I POINT& 963.4 PREF PREF' 100" I PRE F PREf' 75" I §TALOPENSPACEo 10.015(2l.l"Ofsrn)@ 16POINTS/IOOSF= 1,602.4POINTSREQUIRED TOTAL PROVIDED POINTS' 1,760.6 I PROPOSED R.O.W. BEAUTIFICATION LANDSCAPE SCHEDULE DROUGHT TOLERANT NAIJVE QTY CQPE BO'W!ICAI-t:lt!IME COMMON NAME SIZEiREMMK 1'1\EF IC llexcassine Dahoon Holy B&B. 12' Ht x 5' Spr., 2.5" Cal LJ l.igustrumjaponicum Tree Llgustrum B&B, 12' Ht x 5' Spr., 2.5" Cal. ACCENTS 21 COD Codiaeum varieptlml 'Bravo' Croton #7, 24" O.C., Full 215 MUH Muhlenbergia capibris MuhlyGrass #3, 24" x 24", 24" OC., Ful 25 RAP Rhaphlolepis indica Indian Hawthorne #l, 24" X 24", 24" 0C., Ful GROUt:!OCOVERS 60 (60 SF) EUP Euphorbia Bojeri 'Nana' Dwarf Crown of Thorns #I,B"x6", 12"0C.,Full 115 (256 SF) UR Urtope muscarl 'Super Blue' Super Blue Urtope #I, 16" x 16", 18" OC., Ful 20 (+I SF) TIRA Trachelospwmum asiaticum 'Minina' Confederate jasmine #I, 12" x 12", 18" OC., FuD 1.871 SF SOD Smnotaphnm secundatum 'Roraam' St. Au&ustin• Solid Sod NATIVE: 51" "'C > u co ....J QJ ....J ~ <( VI ~ "'C Vl z ::::> w ..c > 0 t co Ill a::: "'0 < 0 QJ '"ii; (.7 z ~ c: I 0 Ill ~ 0 u "'C ..c u $ ~ t I: 1:0 c: 0 ~ l: ...I ozo ~ OLI')u.. u.. uoo 0 LOOw ~ M M~ 00 ~ 0 M w 0 ~ I c.. 0" 0 "All DRAWINGS, SPECJACATIONS AND RElATED DOCUMENTS ARE THE COPYRIGHT PROPERTY OF THE LANDSCAPE ARCHITECT AND MUST BE RETURNED UPON REQUEST. REPRODUCTION OF DRAWINGS. SPEQACATIONSAND R.B.ATED OOCUMEI\ITS IN PAAT OR IN WHOlE IS FORBIDDEJ\1 WITHOUT THE lANDSCAPE ARCHITECTS WRITTEJ\1 PERMISSION.• 0 LANDSCAPE PLAN &SCHEDULE SCALE: 1"=20' DRAWNBY' AMM/JAH ·----------------------------------------------------------------------------------------------------- TOTAL PERVIOUS MCDONALDS SITE (10,015 S.F.) D. TOTAL IMPERVIOUS AREA (WITHOUT BUILDING) MCDONALDS SITE (29,449 S.F.) rr---~--:--~ :-:--- 1 ~4 ~ .,. . I I I I . 4 ... . .J ' ·~ . 0'/' • '<II • .£1 .. 4., . <1 . .. ... .,, <I _4 .<1 4 ~ .. <I <I <1 OVERALL REQU IRED LANDSC AP E CHART-MCDONALDS SITE ~ ~ PLANTS NUMBE R Specimen trees 0 Specimen palms 0 Specimen plants 0 Native trees-S inches DBH 0 Cltr pr.terred trH species (12' ht. min.) 12 (75%frompreferredlistmln.) Trees not on list or less than 12ft.lnheilht 0 City pnfvred palm species (8' CT. min.) • POINTS 25additlomll 25 Additional IS Additional 20 +I for" eiich inch over 5 DBH IS + I for nch foot over min. s J.l+lforeachfootover8'CT ty"OTAL PO IN TS 0 0 0 0 ISO 0 15.2 % PREFERRED PROVIDED 100% 10"" ~ ~ TOTAL OPEN SPACE AREA MCDONALDS SITE (10,015 S.F.) PERVIOUS AREA IMPERVIOUS AREA r I ~ ~ TOTAL OPEN SPACE SOD AREAS PROPERTY BOUNDARY Pilms not on list or less than 0 0 8ft.ofdurtrunkht. I All shrubs {75~ from preferred list min.) 2JO I 230 100% MCDONALDS SITE (44,000 S.F./1 .01 AC.) All croundcov .. s (75% from preferred list min.) 540(1.860SF) 2pu./l0sf. 372 100% Total Points Accrued from Proposed Milteriill 797.2 100% Total Points Accrued from Existin& Milterial 963.4 75% Total Points Provided 1.760.6 Total Points Required 1,602.4 (10.015 SF Open Spilce/IOOSFX l6points) MCDONALDS SITE T O T AL SOD AREAS MCDONALDS SITE (3,992 S.F.) OPEN SPACE CALCULATIONS I MCDONALDS SITE I TOTAL SITE AREA 44,000 S.F. /1.01 AC. BUILDING AREA 4,536 S.F. (1 0%) IMPERVIOUS AREA 29,449 S.F. I 0.68 AC. (67%) PERVIOUS AREA 10,015 S.F.I 0.23 AC. (23%) SOD AREAS 3,992 S.F. (39.9% OF OPEN SPACE) OPEN SPACE (PER LANDSCAPE POINT CALCULATIONS) 10,015 S.F. (22.7%) TOTAL BUILDING AREA MCDONALDS SI T E (4,536 S.F.) ,-----------l I I I I I L ___________ j "'0 > ;:a Ill "'0 ~ c::: 0 0 u L ,...., 00 ,...., 0 I (J'\ 0 ~ALL DRAWINGS. SPEOFICATIONS AND RELATED DOCUMENTS ARE THE COPYRIGHT PROPERTY OF THE LANDSCAPE ARCHITECT AND MUST BE RETURNED UPON REQUEST. REPRODUCTION OF DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS FORBIDDEN WITHOUT THE LANDSCAPE ARCHITECTS WRITTEN PERMISSION." 0 OPEN SPACE REQUIREMENTS NTS DRAWN BY: AHM/JAH DRAWING#: l01z..oe.JO...}ILSC_I06U7.dwz RLE#: 1066.37 SHEET # LP-2 r--------------------------------------------------------------------------------------------~-------~-------------~~---.. SMALL PALM STAKING PLAN ~~CABLETOALLPAI.MSWITH CAUPEI\SIZEOFLESSTHANSIX(6)1NOIES. NTS. l. ALL TREE SUPPORTS MATERIALS ARE TO BE REMOVED FROM EACH TREE ONCE rT IS ESTAIUSHED. TYPICALLY SIX MONTHS FOR SHADE TREES OR ONE YEAR FOR PALMS. (3) 2" X 4• WOOD MACES. STAKE OUTSIDE Pt.ANnNG HOLE ZONE. PALM OR TREE TRUNK (SET VEP.TICALAND PLUMB, TYP.). • SEE PLAN IF SPECIAL SET'I'INGoUANING DIRECTlONS E>QST FOR PALMS. LARGE PALM OR TREE STAKING PLAN """"' I. APPUCABLE TO AU MULTI-TRUNK PALMS AND PALMS WITH CAUPERSIZE OF SIX (6) I'Pe OR GREATER 1. ALL TREE SUPPORTS MATERIALS ARE TO BE REMOVED FROM EACH TREE ONCE rT IS ESTABLISHED. TYPICALLY SIX MONTHS FOR SHADE TREES OR ONE YEAR FOR PALMS. (4) 2" X 4" WOOD BRACES. STAKE 0\.JTSIOf PlANTING HOLE ZONE. OUTSIDE EDGE OF PlANTING SAUCER. WRAP TRUNK WITH 3lAYERS Of NATURAL BURLAP FOR PROTECTION AGAINST WOOO BATTENS AND STAKING BRACES. PALM OR TREE TRUNK (SET VERTICAL AND PLUMB. TYP.). NTS. • SEE PLAN IF SPECIAL senJNG OR LEANING DIRECTIONS EXIST FOR PAlMS. PALM PLANTING DETAI L "HURRICANE CUT" OR "CANDLE cur 5ABAl. PALM HEADS AT INSTALLATION. NTS. FOR CONTAINER GROWN, BARE ROOT, AELD DUG OR BALL AND BURLAP SPI:CIMEN PALMS: SHIPPING FROND TIES SHALL BE REMOVED UPON INSTALlATION. TIES SHALL BE ORGANIC TVVINE ONLY. CLEAR TRUNK HEIGHT FOR. BOOTED TP.UNK PALMS. TRUNKS SHALL Ho'.VE CLEAN INTACT BOOTS FIRMLY ATTACHED TO THf PALM TI\UNK. FOR SUCK TRUNK PALMS, TI\UNK SHALL BE CLEAI\ AND FREE FI'.OM DEFECTS AND SCAAS. BUIUAPWWTP.UNK WITH J lAYERS OF NATURAL BUIUAP UNDER BRACES, TO I'ROTECT TIWNK. T X 4" BATTEN BLOCKS WITH 2" X 4" WOOO STAKING BRACES. USE STEEL BANDING TO WRAP BLOCKS MOUND PALM TRUNK. USE 20D NAILS TO NAIL ANCHOR BLOCKS TO STAKING BRACES (SEE STAKING DETAilS FOR NU"IBER OF REQUIRED BRACES). '"NO NAILS SHALL PIERCE THE TREE TRUNK. SET TOP OF ROOT BALL AT FIJ\ISHEO GII.ADE. fROVIDE A l" BERMEO SAUCER ABOVE THE FINISHED GRADE WITH A J"IAYER OF MELALEUCA MULCH (6" TOTAL HBGHl}. EXTEND MULCH BEYOND BERM. PUU MULCH AWAY FROM TRUNK A MINIMUM OF J". 2" X 4" X MIN. 24" WOOD STAKES. ANCHOR TREE BRACES WITH WOOD STAKES. INSTAU. STAKE BAACES OUTSIDE TCMF'ORAAY SAUCER. FINISHED GRADE IIACKFIU SHALL BE CLEAN, SALT FREE SAND AND PEAT MOSS MIXTURE J:l RATIO. ALL BACKFIU 5HAU BE WATERiETTED FOR FIRM COMPACT10N. DtSTANCE AROUND THE ROOT BALL SHALL BE 112 THE WIDTH OF THE ROOTBALL. OR (12") MJN. CI..EAAANCE. TAMPBOnOM OF PLAN11NG HOLE TO MINIMIZE SETTLING. NEVER CUT TERMINAL LEADER. THIN BRANCHES AND FOLIAGE AS DIRECTED BY LANDSCAPE ARCHITECT OR CERTIRED MBOIUST. R..EX:IIII..E GUYING MATERIAL LOCATtABOVE FIRST lATERAL BRANCH. AVOID OVER TlGHTENED nES AS THEY PI\F'IENTTREE'S NATVAAL SWAY. WffiR.AGQNG WOOllEN STAKES. SET STAKES OUTSIDE PlANTlNG 5AUCEA ATAMNMI.IMDEI'THOf2~. TIUJNK R.AAE 01\ TOf' ROOT VISILE ON SURFACE. DO NOT 81.11\Y ~IN MU.CH. SET I'.OOT BALL SUGHTL Y ABOVi GRADE (101. MA.XI'IU'I. 0111. r N1CNE FINISHED GRADE). NTS. ;;~~;;::s.r~;;;::-----~~~(6"TOTALHBQf1) A80\'E THE FINISHED GAADE • EXnNO MULot IOOND 8EIU'l Q ~lNG PLAN DIAGRAM RJU. Ml.II.Of AWAY fi'.Of'1 TIUJNK R.AAE A t'lle'U1 Of r . IIACKfU HOLE WITH AI'PROVED SOIL MIX {CHECK WITH LANDSCAI'E AAOtllKT FOR MIX). WATti'.JET AU EW:Kfi.L FOfl. fW1 COMPACTlON. T1\EE 1\ANTlNC SAUCBI REMOVE ROOT BALL COVERING. arr IIACK. WIRE IASKETS IEl.OW TOf' HALF OF THE ROOT BALL fOlD BACKMJIUN'CCMRJI.Ki MAlllUALS BELOW TOPI-W.FOFROOTEIALL COMf'I.ETB.Y ~SYNTHETIC BU\I.NCQVEMIIG HA.TtAW.S. TN1PBOTTOM OF I'INlT1NG HOLE TO~ SETTl..l'«i. PROYI:IEA f'LANTlNG HOlE WITH A~ OF l TI'IES THE OW1ETlA Of THE tlt.OOT MUON THESUP.FACEN<D TWOllMES THE ROOT IIAl1. DW1ETEilAT THE MSE. GROUNDCOVER DETAIL 1• OF SHREDDED MEI.ALEUCA MULCH NTS. PlACED BETWEEN PlANTS ABOVE EXISTING SOIL LEVEL PLANT SPACING DETAIL SPACING"D" ROW"A" 6"0.C. s.z- ro.c. Ul" IO"O.C. .... 12"0.C. 10.4" lr'O.C. 15.6" 24"0 .C. 20.r lO"O.C. '"'" l6'0 .C. ]1.2' 4i'O.c. 41.6 PlANT SPACING CHART ·-·-·-·il \1\1\ o/~. A" ·-----·-------~· NTS. f\ANT ROOTBALL MINIMUM OF I" A80VE FINISHED GI\AOE, WITH A MAXIMUM Of 101. OF ROOTBAU EXI'C>SED ABOVE GRADE. J" SHREDDED MEI.ALEUCA. MULCH. f'UU MULCH AWAY FROM TRUNK A MINIMUM OF l". PROVIDE l" EARTH PlANTING SAUCER REMOVE BURLAPFI\OM TOP Ill OF ROOTBALL COMPLETELY REMOVE ANY SYNTHETIC WRAPI'ING MATtRIALS.. BACKFIU PLANTING HOLE WITH APPROVED PLANTING MIX. SEE lANDSCAPE ARCHITECT FOR PROPER MIX SPECIRCATIONS. PROVIDE A PlANTING HOLE MINIMUM OF l TII"!!£5 THE DIAMETER OF THE ROOT BALL ON THE SURFACE AND TWO TIMES THE ROOT BALL DIAMETER AT THE BASE. TAMP BOTTOM OF PLANTING HOLE TO MINIMIZE PlANT SETTUNG. ROOT BARRIER DETAIL NOre I. TREES ARE TO BE INSTALLED WlTH A MII'IMUM TEN FOOT (10') SEPARATION FROM ANY FUBUC WAnR OR PUBUC SEWER MAIN AND/01\ SERVICE, HYDRANTS. AND UFrSTATIONS. IFATENFOOT(IO') SEPARATION CANNOT BE ACHIEVED, THE TREE SHAll BE INSTALLED WITH A ROOT BARRIER SYSTEM. 2. ROOT BARRIERS SHALL COMPlY WITH ALL REQUIREMENTS OF THE MUNICIPAUTY WITHIN WHICH THEY ARE LOCATED AS WEU AS WITH ANY REQUIREMENTS OF THE UTIUTY HOLDER OF THE AFFECTED UTiunES. IN THE EVENT THAT CONFLICTlNG REQUIREMENTS EXIST BETWEEN THIS ROOT BAAAIER DETAIL AND THE MUNTICPAUTYfUTIUTY HOLDER REQUIREMENTS. THE MORE STRINGENT OF THE REQUIREMENTS SHALL BE APPliCABlE. TYPICAL PLANTING D IAGRAM 7'MIN-WIBAMJEJI. ID'MIN.W/OWI\£1\ PlANTING SAUCER. TYP. MINIMUM 8" COVEl\ OVER TOf' 01" !AARIEil SET BAMJEI\ A MINIMUM Of 4" BELOW lHE FINISHED GI\AOE "BIOaAI'.RIEI\"01\"0EEPI\oor FINISHEOGAACE TREE PROTECTION DETAIL NOlt: I. lHIS DETAILAPPUESTOAU. 'Tl\EES 'niAT NTS. Will BE PJ!.ESEP.VEO IN PLACE 01\ BE 1\ELOCATED. NTS. WArn\ ANCVOR SEWE'. FACIUOES {~THAT MiA SUMOUNOING A TREE 'MTltNACIP.a.l OESOWED IY A MD1U5 OF ONE fOOT FOI\ EACH INCH OFTHETP.EFSOW'IETE'. AT 4.5' AIOVE GRADE 'I MIN,.75 "OF I N9. (I.E. MAINS. SEli.VICESAtOOI'.lATERALS) NTS . "NO IAMIEI\" 011. "DEEr 1\oor 1AL TERNA nvE 1\00T BAMIER SYSTEM IY BE UTIUZEO WJlH AI'PII.OVALOFI.AflaCAI'EAAOIITECT.) LANDSCAPE NOTES: STRUCTURAL ELEMENTS AND HARDSCAPE FEATURES INDICATED ON LANDSCAPE PLANS ARE FOR INFORMATIONAL PURPOSES ONLY. LANDSCAPE PLANS ARE TO BE UTILIZED FOR LOCATION OF UVING PLANT MATERIAL ONLY. LANDSCAPE PLANS SHOULD NOT BE UTILIZED FOR STAKING AND LAYOUT OR LOCATION OF ANY STRUCTURAL SITE FEATURES INCLUDING BUT NOT UM ITED TO: BUILDINGS, SIGNAGE, PATHWAYS, EASEMENTS. BERMS. WALL. FENCES, UTILmES OR R0/4DWAYS. 2. CONTRACTOR SHAU ACQUIRE ALL APPLICABLE FEDERAL. STATE. LOCAL JURISDICTIONAL OR UTIUTY COMPANY PERMITS REQUIREO PRIOR TO REMOVAL. RELOCATION, AND/OR INSTALLATION OF LAN DSCAPE MATERIALS INDICATED WITHIN PLAN DOCUMENTS. THE CONTRACTOR SHALL HAVE PERMITS "IN HAND~ PRIOR TO STARTING WORK. LANDSCAPE ARCHrTECT SHALL BEAR NO RESPONSIBILITY FOR WORK PERFORMED WITHOUT PERMITTED DRAWINGS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR All CHANGES TO THE WORK. AT NO ADDITIONAL COST TO THE OWNER, /IS A RESULT OF UNAUTHORIZED WORK PRIOR TO RECEIPT OF PERMIT. 3. TREES SHOWN ON THIS PLAN ARE FOR GRAPHIC REPRESENTATION ONLY. TREE SPACING IS BASED ON DESIGN REQUIREMENTS AND THE TREES SHOWN ON THESE PLANS ATIEMPT TO ACCOMPLISH THAT SPAONG WHILE MAINTAINING THE REQUIRED SETBACKS FROM UTILITIES. IN THE EVENT OF A CONFLICT, AFFECTED PLANT MATERIAL SHALL BE FIELD ADJUSTED WITH THE APPP.OVAL OF THE LANDSCAPE ARCHITECT TO AVOID CONFLICTS WITH THE WITH EXImNG AND PROPOSED UTIUTfES, UGHT POLES, DRAINAGE STRUCTURES OR LINES, LAKE MAINTENANCE EASEMENTS OR OTHER AFFECTED SITE FEATURES. 4. ANY PLANTING WITHIN THE SIGHT TRIANGLES SHALL PROVIDE UNOBSTRUCTED VIEWS AT A LEVEL BETWEEN 30" AND 8' ABOVE THE PAVEMENT. 5. AU UTIUTY BOXES/ STRUCTURES TO BE SCREENED ON J SIDES W/ APPROVED PLANTING MATERIAL 6. IRRIGATION IS REQUIRED PROVIDING 100% COVERAGE WITH A MAXIMUM OF 50% OVERLAP, AN AUTOMATIC RAIN SENSOR MUST BC INCLUDED. 7. All PLANT MATERIAL TO BE INSTALLED SHALL CONFORM TO FLORIDA POWER AND UGHT'S (FA. 'S) RIGHT TREE RIGHT PLACE GUIDELINES. B. IN CASE Of 0/SCREPANOES PLANS TAKE PRECEDENCE OVER PLANT LIST. 9. LANDSCAPE CONTRACTOR RESPONSIBLE FOR VERIFICATION OF AU QUANTmES PRIOR TO BIDDING. 10. REMOVAL OF EXISTING VEGETATION IS RESPONSIBILITY OF LANDSCAPE CONTRACTOR. II. RELOCATION Of EXISTING VEGETATION IS RESPONSIBIUTY OF LANDSCAPE CONTRACTOR. REFER TO SPEOFICATIONS FOR RELOCATION INSTRUCTIONS. 12. CONTRACTOR RESPONSIBLE FOR DETERMINING QUANTITY OF SOD NECESSARY. ll. ALL INVASIVE AND DEAD LANDSCAPE MATERIAL SHALL BE REMOVE FROM THE SITE AND DISPOSED OF LEGALLY. MAINTAIN lrMIN. BETWEEN SHIUJB MASSES NTS. f:l'T1 --BELOW. ~CN.L-..,.. .. a. ......... -- <De: .._ 0 -2+= 00 Q)t :'!::::0 .S::.Q. U<n '-C: <o (!)~ a.- 0"' O ZI ~.~ 1-c: c: Z II"\ 3~ v~-o <( (/)o ·~1 _Jw .QC: 0 (/)c_f "U > CQ M 00 M 0 I cr. 0 Ill "0 ~ ~ ..!!:! 0 ....s:::::O ~I: Oo:: zo L.I')LL. oo oow MIX: ~ w IX: c.. Vl z w 0 a:: <( (.!) I ~ 1:0 I: ~ u.. 0 ~ 0 ~ALL DRAWINGS, SPECIFICATIONS AND RElATED DOCUMENTS ARE THE COPYRIGHT PROPERTY OF THE LANDSCAPE ARCHITECT AND MUST BE RETURNED UPON REQUEST. REPRODUCTION OF DRAWINGS, SPEOFICATIONSAND RELATED DOCUMENTS IN PART OR IN WHOLE IS FORBIDDEN WITHOUT THE LANDSCAPE ARCHITECTS WRITTEN PERMISSION." 0 LANDSCAPE DETAILS NTS DRAWNBY: AMM/jAH DRAWING #: 20 12-01-30...}d.SC_I066.37.dwJ FI.E #: I 066.37 SHEET # LP-3 I. Description of Work A. Provide aU elderlor planting as shown on the drawings or Inferable therefrom and/Of as specltled In accordance with the requirements of the Contract Documents. landscape plans provided indicate the proposed location of living plant material only. Structural elements and hardscape features indicated on the landscape plans are for information purposes only.Landscape plans are not to be utilized for staking and layout or location of any structural site features including but not limited to, buildings, signage, pathways, easements, utilities Of roadways. B. These specifications indude standards necessary for and Incidental to the 8.llecution and completion of planting as indicated on the prepared drawings and specified herein. C.AI applicable federal. state and local permits shal be attained prior to the removal, relocation, cw instaUation of plant materials Indicated within the plan documents. D.Proteclion of existing features. During construction, prolect an existing trees, shrubs, and other specified vegetation, site features and improvements, structures, and utilities specified herein and/or on submitted drawings. Removal or destruction of existing plantings is prohibited unless specifically authorized by the ownef', and with permit as required by associated federal, state and local government agencies. II. Applicable Standards A. American National Standards for Tree Care Operations, ANSI A300. American National Standards Institute, 11 West 42nd Street, New York. N.Y. 10036. B . .Ametican Standard for Nursery Stock, ANSI Z60.1. American Nursery and landscape Association, 1250 Eye Street. NW, Suite 500, Washington, D.C. 20005. C.Hortus Third. The Staff of the l.H. Bai5ey Hortorium. 1976. MacMillan Publishing Co., New York. D. Florida Department of Agricufture •Grades and Standards for Nursery Plants•, most recent addition. E. National Arborist Association-Pruning Standards for Shade Trees F. AI standards &hal include the latest additions and amendments as of the date of advertisement for bids Ill. Qualifications A. landscape planUng and related work shad be performed by a firm with a minimum of ftve years experience specializing In this type of worlt. AI contractors and their sub-contractors who will be performing any landscape work lnduded In this section of the speclflcaUon shall be approved by the landscape architect. B. landscape Contractor sha ll be licensed and shall carry any necessary Insurance and shall protect the Landscape Architect and Owner against all liabilities, claims or demands for injuries or damage to any person or property growing out of lhe performance of the work under this contract. All workers shall be covered by Workman's Compensation Insurance. IV. Requirements of Regulatory Agencies A. Certificates of Inspection shall accompany the Invoice for each shipment of plants as may be required by law for transportation. File certificates with the landscape architect prior to acceptance of the material. Inspection by federal or state authorities at place of growth does not preclude rejection of the plants at the site. V.Submlttals A. Manufacturer's Data: Submit copies of the manufacturer's and/or source data for all materials specHied, Including soils, sol amendments and fertilizer materials. Comply with regiJatlons applicable to landscape materials. B. Samples: Submit samples of all topsoil, soil mixes, mulches, and organic materials. Samples shan weigh 1 kg (2 Jb) and be packaged In plastic bags. Samples shal be typical of the lot of material to be delivered to the sHe and provide an accurate Indication of color, texture, and organic makeup of the material. C. Nursery Sources: Submit a list of all nurseries that win supply plants, along with a list of the plants they will provide and the location of the nursery. D.Soil Test Submit soil test analysis report for each sample of topsoil and planting mix from a soil testing laboratory approved by the landscape architect. 1. Provide a particle size analysis, lndudlng the folowlng gradient of mineral content USDA Designation Stze in mm Gravel +2mm Very Course Sand 1-2 mm Coarse Sand 0.5-1 mm Medium Sand 0.25-0.5 mm Fine Sand 0.1-0.25 mm Very fine unci 0.05-0.1 nvn Sit 0.002-0.05 mm Clay smaller than 0.002 2. Provide 1 chemical analyt£s, lnduding the following: a. pH and buffer pH b. Percentage of organic content by oven-dried weight. c. Nutrient levels by parts per million. including phosphorus, potassium magnesium, manganese, Iron, zinc, and calcium. Nultient test shall indude the testing laboratory recommendations for supplemental additions to the soil based on the requirements of horticuttural plants. d. Soluble salt by electrical conductivity of a 1:2. so~: water, sample measured in millimhO per em. e. Calion exchange capacity (CEC). E. Material Testing: Submit the manufachJrers particle size analysis, and the pH analysis and provide a description and source location for the content material of all organic materials. F. Maintenance Instructions: Prior to the end of maintenance period, Landscape Contractor shall furnish lliree copies of written maintenance Instructions to llie Landscape Architect for transmittal to the Owner for maintenance and care of Installed plants through their ful growing season, VI. Utility Verification A. The contractor shal contact the local utility companies for verification of the location of all underground utility lines In the area of the work. The contractor ahal be responsible for a1 damage resutung from neglect or failure to comply with this requirement Part2.MMiirlala I. Plants A. Plants shan be true to spedM and var1tty specified and nursery-grown In accordance with good horticultural pracUcea under dlmatJc conditions similar to those in the locality of the project for alleaat two years. They shal have been freshly dug. 1. AI plant names and dUCI1ptlonl shan be as deftned In Hortua Third. 2. AI plantllhal be grown and h.-vetted i'l accordlncl with the American Slandan:l for Nursery Stock and Florida Department of Agriculture Gradel and Standards for Nursery Plante. 3. Un5ess approved by ttt. land&cape architect, plants shan have been grown at a latitude not more than 325 km (200 miles) north or south of the latitude of the project u~Ma the provenance of the plant can be documented to be compatible with the latitude and cofd hardlnauzone of the planting location. B. Unless speclftcally noted, al planll &hal be 8.l!.C8ptionaly heavy, symmetrical, and so tralned or tavored in development and appearance as to be unquestionably and outstandqiy superior In form, colf'4)8CineSS, and symmetry. They shal be sound, healthy, vigorous, well branched, and denSely foliated Wilen in leaf; free of disease and Insects, eggs, Of larvae; and ahal have healthy, wei-developed root systems. They shal be free from phyalcal damage or other condtuona that wot.td prevent vigorous growth. 1. Trees with muttiple leader.. unless specified, will be rejected. Trees with a damaged or crooked leader, bark abrasions. sunscald. disfiguring knots, insect damage, Of cuts of limbs over 20 mm (314 i'l.) in diameter that ara not completely dosed will be rejected. C. Plants shal conform to the measurements specified, except that plants larger than those specltled may be used H approved by the landscape architect. Use of larger plants shall not increase the contract price. tf largec plants era approved, the root ball shan be Increased In proportion to the size of the plant 1. Caliper measurements shal be taken on the trunk 150 mm (6 in.) above the natural ground line fOf trees up to and including 100 mm (4 in.) in carrper, and 300 mm (12 In,) above the natural ground line for trees over 100 mm (41n.) In caliper. Heigflt and spread dWnensions specified refer to the main body of the plant and not from branCh tip to branCh tip. Plants shaU be measured when branches are in their normal position. If a range of sizes is given, no plant shal be tess than the minimum size. and no less than 50 percent of the plants shal be as large as the maximum size specified. Measurements specified are minimum sizes acceptable after pruning, where pruning Is required. Plants that meet measurements but do not possess a standard relationship between height and spread, according to the Florida Department of Agriculture Grades and Standards for Nursery Plants, shall be rejected. 0. Substitutions of plant materials will not be permitted unless authorized in writing by the landscape architect. If proof is submitted in writing that a plant specified is not obtainable, consideration wNI be given to the nearest available size or similar variety, with a corresponding adjustment of the contract price. E. The plant schedule provided at the end of this section, or on the drawing, is for the contractor's information only, and no guarantee is expressed or implied that quantities therein are correct or that the list Is complete. The contractor shall ensure that all plant materials shown on the drawings are included In his or her bid. F. AI plants shall be labeled by plant name. Labels shall be attached securely to all plants, bundles, and containers of plant materials when delivered. Plant labels shall be durable and legible, with Information given In weather-resistant Ink or embossed process lettering. G. Selection and Tagging 1. Plants shall be subject to inspection for conformity to specification requirements and approval by the landscape architect at their place of growth and upon delivery. Such approval shal not Impair the right of inspection and rejection during progress of the work. 2. A written request for the Inspection of plant material at their place of growth shall be submitted to the landscape architect at h9ast tan calendar days prior to digging. This request shaD stale the place of growth and the quantity of plants to be inspected. The landscape architect may refuse inspection at this time if, in his or her judgment, suffident quantities of plants are not available for Inspection or landscape architect deems lnspactlon is not required. 3. AI field grown deciduous trees shaD be marked to Indicate the trees north orientation in the nursery. Place a 1-ln. dlamelerspotofwhita paint onto the north side of the tree trunk within the boHom 12 inches of the trunk. H. Anti-Desiccants 1. Anti-desiccants, if specified, are to be applied to plants in full leaf iiMlediatery before digging or as required by the landscape architect. Antklesiccants are to be sprayed so that alleaves and branches are covered with a continuous protective film. I. Ballad and Bur1apped (B&B) Plant Materials 1. Trees designated B&B shal be propetty dug with firm, natural baits of soil retaining as many fibrous roots as possible, in sizes and shapes as specified in the Florida Department of Agriwlture Grades and Standards for Nursery Plants. Balla shaD be firmly wrapped with synthetic, natural, or treated bu!Sap, ancUor wire. PI synthetic fabric Should be removed from the roolbaD prior to planting. True biodegradable buMp can be left around the root baD. The root colar shal be apparent at surface of bal. Trees with loose, bfoften. processed. Of manufactured root bals Wll not be accepted, except with special written approval before planting. J. Container Plants 1. Plants grown i1 containers &hal be of appropriate size for the container 88 apacifl8d in the most recent edition of the Florida Department of Agricullwe Grades and Standards for Nursery Plants and be free of ch:llng roots on the eJderlor and ln1erior of the root bal. 2. Cootalner plants sheU have been grown In the container long enough to have establshed roots ttwoughout the growing medium. K. Bareroot and Colected Plants 1. Plants designated as bareroot or colected plants shal conform to the American Standard for Nursery Stock. 2. Barerool material shal not be dug or installed aft8f bud break or before donnancy. 3. Colected plant material that has not been taken from active nursaty operations shaD be dug with a root bal spcead at least 1/3 greater than nursery grown plants. When specified or approved, shall be i'l good health, free from disease, Insect or weed Infestation and shal not be planted before Inspection and acceptance at the site. Tasting may be required at the discrrion of the Landscape Architect andiOt the Owner and shal be provided at no additional cost. l. Specimen Material: Plant material specified u specimens are to be approved by the Landscape Architect before being bmught to the site. Unless otherwise noted on the drawings, these plants Shall be Aorida Fancy. M.Palms 1. Coconut PUna shan be grown from a certified seed. 2. AI palm species 8.llcepl Sabel palmetto shal have roots adequately wrapped before transporting. 3. Sabel palms shall have a hurricane cut Sabal palms ahaU be instalecl on site at the eadiest opportunity in the construdion process. AI Sabel pUns shal be from Palm Beach County or other sandy soils. AH Sabel palms shal be Florida Fancy. 4. For booted tn.rlk palms. trunks shall have dean Intact boots ftrmly attached to the palm trunk. For lick trunk pUns, trunk shall be dear and free from defect and ~C~n. 5. The Conlractor lhal treat al palms as required to prevent infestation by the palmetto weed. N.Sod 1. Sod shal be graded 11 or better. Sod shea be loam cw mock grown wtlh a firm, ful texture and good root development Sod shal be thick. heafthy and free from defects and debris including but not imited to dead thatch, insects, fungus, diseases and contamination by weeds. othet grass varieties or objectionable plant material, 2. Sod shal be sufficieotty ll'lic* to insure a dense stand of live grass. Sod shal be lve. fresh. and uni~ at the time of planting. Plant sod within 48 hol.n after ............. 3. Sod area shal be al areas not otherwise identified and shal i'lclude the area beyond the property line to the edge of pavement andi<W edge of water. 0. Immediately after har'Yes;&1g plants, protect from drying and damage un• shipped and delvered to the planting site. Roolballs &hal be checked regularty and watered sufficienUy to maintain 1'001 viabiliy. P. Transpo<tationand_of_Ma_ 1. Blanches shal be tied with rope«lwine only, and in such a manner that no damage wil OC:CU" to the bark Of branches. 2. During transportation of planl material, the contJador shal uerdse care to prevent injury and ctying out of the trees. Should the roots be dried out. large branches broken, bals of earth broken cw loosened, cw areas of bart!. lorn, the landscape architect may reject the r.jt.nd tree{s) and ocder them replaced at no additional cost to the owner. AI loads of pla'lts shall be covered at d times with la'paulil or canvas. loads that ara not prolecled will be ra;ected. 3. AI barerool stoc::k sent from the storage faclly shall be adequately covered with wet soi. sawdust, woodchlps, moss, peat, straw, hay, or olher acceptable moistura-holding mecfiUm, and ahal be covered with e tarpaiJin cw canvas. t.oads that are not prolected in the ebove manner may be rejected. 4. Plants must be protected at al times from sun or drying winds. Those lhat cannot be planted Immediately on delivery shal be kept in the shade, wei prolected with sol. wet mulch, or other acceptable rnalerial, and kept well watered. Plant& &hal not remain unpantad any longer than three days afterdefiY8fY. Plants &hal not be bound with wire or rope at any time so as lo damage the bartt or break branches. Plants &hal be lfted and handled with suitable support of the soil bal to aVOid damaging it. a. Mechanized Tree Spade Requirements Trees may be moved and planted with an approved mechanlcel tree spade, The tree apade lhal move ll'8es lmlted to the maximum size slowed for elimQar B&B root-bal cHameter according to the American Standard for Nuraery Stock Ot the manufacturer's maximum size reconvnendatkM"' for the tree spade being used, whichever is &maller. The machine shaD be appcoved by the landsclpe architect prior to uae. Trees 6hal be planted at the dNignated Jocalionlln the manner lhown In the plans and in acoordanca with applcable aecllons of the spedftc:atlonl. II Materials for Planting A. Mulch: Except as otherwise apedtlad, mulch shall be shredded Melatauca mJch -grade •A•. PI Melalauca mulch shall be made antnly from the wood and bart!. of the Melaleuca qulnqulnerva tree. It shill not contain mon~lhan 10% bartt (by volume). Shreds and chips sl!al not be larger the %• diameter and 1%•1n length. Mulch shaD be free of waada, &aeds, and any other organic or inorganic material other Ulan Melaleuca wood and bark. It shd not oontaln stones 01 other foreign material that w11 prevent itl eventual decay. Thislf'lal be appled to al planted areas where indicated ao that, after instalation, the mulch thickness wit not be less than 3•. Submit sample for appoval. B. Peat Shall be hortlcullural peat composed of not less than 60% deoornpoeed orva* mattar by~ on an oven dried besls. Peat shall be de&vered to the site i'l a workable condition free from lumps. C. Gravel Mulch: Use only where speclficaly Indicated on the planl; of the size and type shown, UnlaU oUwwlse spedflad It shall be water .worn, hard durable gravel, washed free of loam, sand, rJay and other foreign substances. It shal be a minimum of 3• deep and shal be contained with Perrnaloc Oe&lgn Edge or other approved gravel atop. It shan be a maxin1Um of 11rr, a minimum of 314• and of a readUy-availlble natul'lll gravalllOiot range. Provide geotextile filet fabric below aggregate rock. Submit sample for approval. D. Root Barrier: Where specified, root barriers shall be instaiJad on an tree •nd palm material In aceordance -with the root barrier datal provided within the plan drawings. Root barriers shan comply with all requirements of the munldpallly within which they .. located u well as with any utility holder raqulrementt of any atreded utllht. In the event that conftlctlng requirements exist between lhe root barrt. datal provided within ltle plan documents and the munlclpaltylullllty holder requirements, the more stringent of the requirements shall be applicable. E. Planter Edging: Use only where specifically Indicated on plans. Edging shall be Permaloc Da.lgn Edgir'IQIIn black. Alternate edging may be utilized with priof approval of Landscape Architect F. Antkfeslccant shaD be an emulsion apaclftcaDy manufactured for agricultural usa, which provides a protEdlva film over plant surfaces. Anti-desiccants Shill be delivered in containers of the manufacturer and shal be mixed according to the manufacturer's directions. Submit manufacturer literature for approval. Ill. Materials for Soil Amendment A. Pine Bark: Hottlculttnl-grade miiSad pine bark, wilf180 pen:entoftht material by volume sized between 0.1 and 15.0 mm. 1. Pine bark &hal be aged sufficiently to break down al woody material. Pine bark shal be ecraenecl. 2. pH shal range belween4and 7.0. 3. Submit manufacturer literature for approval. B. Organic Matter: Leaf matter and yard waste composted sufftdenlly to break down al woody 1lbera, seeds. and leaf structures, and free ot toxic and nonorganlc matter. Organic matter shal be commercially prepared compost. Submit 0.5 kg (11b) sample and suppliers ltenlture for approvaL C. Course Sand: Course conctele sand, ASTM C33 Fine Aggragala, with a Fmes ModukJs lndu of 2.75 or preater. 1. Sands &hal be dean, &harp, natural sands free of hmestone, shale and slate particles. 2. Provide the following partlde size distribution: Sieve Percentage Passlna 318 i'l (9.5 nvn) 100 No.4 (4.75 mm} 95-100 No.8(2.36mm) ~100 No.16(1.18mm} 50-85 No. 30 (0.60 mm) 25-60 No. 50 (0.30 mm} 10-30 No. 100 (0.151Ml) 2·10 D. Ume: shall be ground, palletized. or pulverized ftme manufactured to meat agricultural standards and con(ain a maximum of 60 percent OJIJde (I.e. calcium oxide plus magnesium oxk:le). Submit manufacturer literature for aPJ)r'OYal. E. Sulfur: shall be flowers of sllfur, peletlzed or granular StJifur, «Iron date. Submft manufacturer Uterature for approvaL F. Fartnlzer: Agrfcuftural fertilizer of a fon'nula Indicated by the sol teat Fertilizers shal be organic, slow-release compositions whenever applicable. Submit manufacturer literature for approval. IV. Planting Mix A. Planting Mix 1. Planting Mix for Trees, Shrubs, Groundcovers and vines: Check with landscape archltacl f<W appropriate mixture. 2. Planting Mix for Palms: Mixture of course sand and peat l1"'lxed to the following proportion: Comeonent Percent by Volume Coarse Sand 75% Peat 25% B. Planting mix shaD be thoroughly mixed, screened, and shredded. C. Prior to beginning the mixing process, submit a 1-kg (2-lb) sample of the proposed lrix with 501 test results that indicate the mbt ratio and the results achieved, D. During the mixing process but prior to ii\W6'Ig the mix, submit a 1~ (2-lb) sample for each 200 cubic matera (250 cubic yards) of planting mbt, taken randomly from the finished soli mbt, with soli test restMs for approvaL In the event that the test reSLfla do not meet the required ptrtlcle size dlstrllutlon, remix and resubmit a revi9ad planting mix. E. Maktal amand .... toofl-oulf\Kand-incf<Otad by thoooltast-at tho-of milling. F. Almbdng-ial<eplacolnlho....-yard.ualngCClOIIIIOI<Ial_equlpmont_,IOiholooghlymb<alcomponentsLriformly G. Prolect the planting mix from erosion prior to lnstalallon. I. Excavation of Planted Areas A. locations for plants andfor outlnes of 81885 to be planted are to be staked out at the site. Locate and mart aH subsurface utility Unes. Approval of the stakeout by the landscape archHecl is required before excavation baglnl. B. Tree, shrub, and groundc:over bedllre to be ucaveted to the depth and wldltw Indicated oo the landscape plan detail drawings. If the planUng •aa undel any tree Ia initialy dug too deep, the sol added to bring It up to the correct Mvelahoukt be thoroughly tamped. 1. The sides of the excavation of al planting areas lhal be sloped at a 45 degrees. The bottom of al bec:ls shall slope parallel to the proposed grades or toward any subsurface dlain linea within the planting bed. The boUom of the planting bed directly under any tree shal be horizontal such that the tree sits plumb. 2. Maintain all required angle~ ot repo&e of the adjacent materials as shown on the drawings. Do not excavate compacted subgrades of adjacent pavement cw structures. 3. Subgracle soils shan be aeparated from the topeoil, removed from the area. and not used as backfill ln. any planted or lawn area. Excavations shal not be 58ft uncovered cw unprotected ovemlghL C. For trees 1nd lhrubl planted in lndMdual holelln.,... cl good sol that Ia to ramaJn In place and/or to receive amendment In the top 151knm (61n.) layer, excavate the hole to the depth of the root baU and to widths ahown on the drawing. Slope the sida8 of the excavation at a 45 degree angfe up and away from the txrttom of the excavation. 1. In areas of slowly draining soils, the root bal may be set up to 75 mm (31n.) or 118ofthe depth ofltle root ball above the adjacent soil level. 2. Save the existing soil to be used as backfill around the tree. 3. On steep slopes, the depth of the excavation &hal be measured at the canler of the hole and the excavnUon dug as shown on the drawings. D. Detrimentel soli conditions: Tbe landscape architect is to be notlftecl, In wtftklg, of soil condllklnl encountered, including poor drainage, that the c:ontractor consider. deltimental to the growth of plant material. When debtnental conditions are uncovered, planting shall be discontinued wttil instructions to resolve the conditions are received from the landscape architect. E. Obstructions: If rock, ooderground construction work, utilties, tree roots, cw other oblttudlons .. encountered In the excavation of planting areas, alternate locations for any planting-be -bylho-.:opo- U.I_cl_,.. A. PrloriOihol-oflhoplanlingmlx.l ____ lnlgollon,_ ___ end mgation-.,......,onlhod- 8. Tho----lho-of~prlotlolho-clplanllngmlx. c. Oonotprooaed_llo_clplanllngmlx ...... __ ........ has __ D. _ad_walo,_andutlllleo...,..._or_by .. ool.lloeiZ<ml(l/21n.)_......,~IMollngud-lo""'"'-.g"""""""· metal, masonry wort. and other Items as directed during the progreu of a. work. 1. Cleonuponyool«cM-onony-...-atlhoendcl--day. 2. Ally..._IOihopol'lingor--couaodbylho ____ be_bylho~.....,._.,lho __ ........... _ E. Til the subeollnto the bottom layer of lopd or planting mix. 1. Loosen lhe sol of the subgradt to a daplh of 50 to 75 rrm (2 to 31n.) wlh a rWder or otter suitable device. 2. -a-oflho--orplanllngmlxSOmm(21n.)-"""lho-~-lhoplanllngmlxandlhoou--. 3. lnvnedlately installlhll remaining topaol or planting mix In accordance with the ~ specificdons, Protect 1t1e !led •rea from tralftc. DO NOT alow the lied ..._10 ....... -. •• In lho -'that !he-.... bocamoo-.. lho ... agaln prlotlo -..lho planling mix. F. 1-lho ......,lng -«plonllng mlxln :ZOO.Io25Ckrrn (8-10 IG«<.)Iftstolho _ _,""""" on lho --Tho -and..-""""" on tho drawings are the ftnal grades after sol settlement and shrinkage of the organic materlll. The conhctor shallnstal the sol at a higher level to ~ thla reduction of sol .orumo, ..... ....., on prac1"""' -ng ....,.,... ror-.~ypeorool. 1. Phase the inatdation of the sol such that aquipmeftdoel nol have to travel cw.-~ topscM or planting mbtaL 2. Compoct-lft....-mly10111ducaodngbulnotenouglll0-lhomovomontof-and -.--lhosol. Theool In -lift-""'firm lolholoallnll _..., ..... only ___ ~-bo-bylho ___ _ a. Dig 1 hole 250 mm (10 ln.) In diameter and 250 mm (10 ln.) dllp. b. Fllthe hole wtlh Wider and let l drain complatety.lrmlredl.tely,.,. the hole with water, and measure the rate offal in the water 5evel. c. In the event that the water drains at a rate lest thin 25 mm (11n.) per hoW, • hiOI to 1 depth required to br8ek the~. d. The landscape archlact shal detamhe tt.I"'MCC for, .00 thrtlli.II'IW lnd locallon af pen;:dation tests baled on o1»ervec1 field c::ord6oM of tt. sol. 3. --...-..-lho---10-lor.-y....-..~--·lhooolbocamoo-Oonot placo-on ... _ 4. ___ .,_..,_.,. ....... ..._orlho-.u.olho..--lholc:an....-.ably_lho_cl_ .... ...._. 5. Md ......... -.---cblngool __ .. __ lholopioyorclool_,,.lnlolholopiOOnm(41n.)clooi.Sai --bo-OIIho...,. ... lbot--.--lo-lo .. lopioyorofool. 8. _ ... ___ plocomeni.IVI .. Ibotboc:ooMo.......__be_toa-cl121inm(81n.~"""'"""'_,.__be -end- Ill. Fine Grading A. It shall be the responsibility of the Contractor to ftnlsh grade (min. 6" below adjacent F.F.E.). Finish grades In planting areas shall be one Inch lower than adjacent paving and are to indude 3• of mulching. New earthwork shal blend smoothly Into the existing earthwork, and grades shall pitch evenly between spot grades. AI planted areas must pitd\ to drain at a minimum of 114~ per foot. Any discrepancies not a lowing this to occur shal be reported to the Landscape Architect prior to continuing worlt. B. fill an dips and remove any bumps In the ovaran plane of the slope. 1. Thatol&ranoe for dips and bumps In lawn areas shall be a 12-mm (112 in.) deviation from the plane in 3,000 mm (10 fl). 2. The tolerance for dips and bumps in shrub planting areas shall be a 25-mm (1 in.) deviation from the plana in 3,000 mm (10ft). 3. PI nne grading shall be Inspected and approved by the landscape architect prior to planting, mulching, sodding, 01 seeding. C. Benning &hal not be plaoed within 10' of any existing tree nor wil it be slowed to encroach upon any utility, drainage, or maintenance easement. Berming &hal not impede or obstruct any necessary swalas needed to drain other areas for the property. IV.Pianting()pe<etions A flints lhlll be let on lit-tamped or unexcavatad pads at the same relationship to ftnllhed grade 111 they were to the ground from which they were dug, unless otherwise noted on the chwlngt. Pllnts must be set plumb and braced in posllion untl topeoll or planting mix hal been placed and tamped 8r'01.Rt the base of the root baL Improper compiCllng of the soiiiOWid the root bell may reNt in the tree setting 011Mnlng. Plants lhal be HI so that they wil be at the same depth and so that the root bal does notlhlftor II'IO'Ielateraly one year later. 1. Determine the elevation of the root ftareand ensure that it is planted at grade. This may AKI'*e that the tree be set higher than the grade in the nursery. 2.1f lht root n.re Is lese than 50 mm (2 ln.) below the ao1 tave1 d the root bal. plant the tree the epproprfate level above the grade to set the flare evan with the grade. If the 111 ... il more then eo nvn {2 In) at the centar of the root bel lhltlw shill be rtjected. B. Lift plants only from the bottom ot the root ball or with beHI cw lifting hameHea rA sullicllnt wktth not to damage the root balls. Do not lift trees by their trunk or use the trunk aa a lever In posfUonlng or moving the tree In the planUng area. C. Remove plastic, paper, or fiber pots from containerized plant material. Pul roots out of the root mal loosen the pottilg medium and shake away from the root mat. Immediately after removing the container, lnstaU the plant such th1l the roots do not dry out Pack planting mix around the exposed roott whUe planUng. D. The roots of bare-root trees shaD be pruned at the time of planting to remove damaged or undesirable roots (those likely to become a detriment to future growth of the root system). Bare-root tr88lll shal have the roots Spt'Ud to apprmdm1te the natural position of the roots and shal be centered In the planting pit. The planting-soli bacldll shaU be worked firmly Into and around the roots, with care taken to fill In complateiy with no air pockets. E. Cut ropes Of strings from the top of shrub root bells and trees ll'l'lller thin 3 ln. cdper after plant has been sat. Remove burlap or cloth wrapping and any wire basket& from around klp half of balls. Do nol tum under and bury portions of burlap at klp of baH. 1. Do not immediately remove the ropn lnd bl.rlap from bwes larger than 31n, caliper. Relum to each tree three months after planting and cut al ropes around the trunks andlqlooflho--cl-- 2. Completely remove 1ny waterproof 01 water-repelant strings or wrappings from the root baU and trunk before backfil~ng. F. Set baled and burlappad trees In the hole wfttl the north ma.rter facing north unless otherwise approved by the landscape architect. G.Piace native sol, topiOII, 01 planUng mix into the area around the tree, Iamping tighdy to reduce settlemenl 1. For planta pllntld In Individual holalln ulatlng sol, add any required sol amendmenlllo the lOis, aa the materlalla being baddled around the plant. Ensure that the amendmenll .. thor'ougNy mlxMIInto the beckfl. 2. For pllntl pllnted ln large beds of prepared soil. add soil amendments during the soillnatallation process. 3. Enatn that lhe ~ lrnnadlatsly around the base of the root bal it tamped with foot pressure aufftclent to prevent the root bel from shlfthg 01laanlng. H. Sold IOd lhell be laid with doeely ebutting joints with a tamped or rolled, even sutface. Stagger strips to offset joints in adjacent courses. Bring the sod edge in a neat, deln manner to the edge of al paving and shrub areas. Sod along slopes shal be pegged to hold sod In place along slopes or banks a wood peg acceptable to the LIOO.C.pe An:hllect shall be used al no additional cost to the Owner, P. in the opinion of the Landscape Atchltect, top-dressing is necessary after roling, dean sand wll be evenly applied over the entire surface and thoroughly washed in without additional charge. 1. Thoroughly water a1 plants Immediately after planting. Apply water by hoe& directly to the root bal and the adjacent soli. J. Remove al tags, labels, strings, etc. from al planll. K.Removeany 8J(C855sol, debris, and planting malellalfrom the job site at the end of each workday. L Form watering saUO&fS 100 mm (4 in.} high Immediately outside the area of the root baD of each tree as indicated on the drawings. V. Relocation of Existing Material: A Landscape Conb'actor shall root prune b'eea which are to be relocated In accordance with approved horticultural practices and the following procedures. 1. Select a healthy tree 2. Selectively trim the canopy removing dead limbe, crosa branching over crowned areas, and lower undaalrable limbs. FartHize and water trees before pruning. 3. Root prune 50% of the root system approximately 18"-2' deep {depending upon species and size). This is done by hand with sharp hand tools or a root pruning saw. The diameter of the root bell to be pruned Is 8-12 Inches per avery one inch of diameter at breast height of the tree. 4. Back fll the existing soil with peat moss to stimulate new root growth of the pruned roots. 5. Water In thoroughly and treat withe mycorrhizae and a low nitrogen fertilizer (so not to bum the pruned roots). Brace trees if deemed necessary. 6. The root pruned tree should be watered every day (especiaUy during warm months of the aeason}, the equivalent of 5 galons for avery DBH of tree per day. 1. Root pruned trees should be let to stand for a minimum of6 weeks for trees less than a· DBH and as long as 3 months for larger specimens pri01totransptanting. 8. For belt resuttt and aurvlvorship, new root growth should be evident on root pruned trees prior to transplandng. 9. Upon transplanting, water should be applied every day as oudined In step 6 for at least one year. VI. Staking and Guying A. The Contractor shall stake al trees and palms in accordance with the tree and palm staking details provided within the plan drawings. Alternate methods of guying cw staking may be employed with the prior approval of the Landscape Architect. B. The Contractor ahal be re&ponSI:IIe for the replacemenl cw adjustment of al trees, palms 01 shrubs that fal or lean duri1g the ~rantee period. The Contractcw shall be responsible for any damage caused by the faiJng 01leanlng of trees. C.SIIkes and guys 8hal be instaled imrnedlately upon approval 01 planthg, and Shal be removed in accordance wilh the staking details provide within the plan drawings. Ally -lhatlsnot&lable atlho end oflho wonanty period ohall be-· VII. Pruning A. Plants shall not be heavly pruned at the tme of planting. Pruning Is required at planting lime to oorrect defects in the tree structure, induding removal of injured branches, waterspouts. suckln, and Interfering branches. Heatthy lower branches and interior smal twigs shoUd not be removed except as necessary to clear walc.a and roads. In no case should more than one-quarter of the branching structure be removed. Retain the normal or natural shape of the plant. B. AJ pruning shal be completed using dean, sharp tools. AI cuts ahaU be dean and smooth, with the bark intact with no rough edges or tears. C. Pruning of large trees shal be done from a hydrauUcman-tift&ueh that it is not necessary to climb the tree. VIII. Mulching AAJ trees, palms, shrubs, and other plantings wl be mulched with mulch previousfy approved by the tandscape architect. The mulch shal be a minimum 3" thick layer over an tree, shrub and ground cover planting areas, unless otherwise specified. All mulch layers shall be of the specHied thickness atltle lime of the final acceptance of the work. Mulch must not be placed within 31nches of the trunks of trees, palms or shrubs, B. Place mulch atleaat 3"1n depth In a circle around all trees located in lawn areas. The diameter of the circle shall be 18"1n diameter larger than the ball of the plant provided. Mulch must not be placed within 3 Inches of the trunks of trees, palma or aiYuba. IX. Maintenance ot Trees, Shrubs, and VInes A. Maintenance &hal begin Immediately after each plant is planted and continue until its acceptance has bean confirmed by the landscape architect. B. Maintenance shal consist of pruning, watering, cultivating, weeding, !Tdchlng, fertilizing, tightening and repairing guys and stakes, resetting plants to proper grades or upright poaltlon, rMtorlng of the planting saucer, and furnishing and applylng IUCh lpl'8)'8 or other rnaterta11 as necessary to keep pCanUngs free of Insecta and dlaeaeea and In vlgoroul condltlon. C.PianUng areas and plants shal be prol8cted at al timel agant trespaulng and damage of al kinds for the duration of the maintenance period. If a plant becomes damaged or injured, it &hat be treated or replaced as directed by the landacape architect at no additional cost. D. Watertng: Contrador shallrrtgate aa required to maintain vigorous and healthy tree growth. Overwaterlng or ftooding shall not be allowed. The contractor ahal monitor, adjust, and use existing irrigation facfiUes, If avdat:W, and furnish any addillc:IMI rnlterial, equipment, Of water to ensure adequate irrigation. Root balls of all trees and large shrubs &hal be spot watared using handheld holel during the first to.... monthl aft8r plan&lg, 88 required to ensure adequate water wtiNn the root ball E. During periods of reslrlded water LJSag-.. d governmenlal r.gulllionl (permanent and temporary) shal be folowed, The contractor may have to transport water from ponds or olher sources, a1 no adcltional «ucpenM to the owner whln irrigation 1p18m1 are unavailable. F.RsmoYasol_...,......,_ -.prlotiOendof...-.....porlod,as-byl.andsoapo-X.-A.Tbe ~8fdiiKI .... IMpec:l.workfor8CCipllnel upm wrHIIn ........ dtt.conlractor. Tber«KJHttl shall be received atlaast ten calendar days before the --ci-B.-of---bolor~-.. --.-.end-llld_not_lho .......... of-forful """"""-<:lolho--lncbllngoornoct-C.Upoo_llld_of .. _or_.-ylnlho._cl .. ___ lho ___ cadllylnWIIUnglhollho ----· XI.AcceplaflcolnPort A. Work may be eccepled in perts when the landscape at:hllecl a oontraciiOr deem that pt8Cllce to be In tflelr mutual Interest. Approval must be given In wrtllng by the landlcape ll'dlllec:l to the contr8dor vertfylng that the work Is to be~ In patti. Acceptlnce of wor11.1n parts shal not waive any other provision of this contntet. XII. G....-Period llld Roplacements A The guarantee period for trees and shrubs shall begin at the date of ecceptance. B. The contractor shall guarantee al planl material to be in healthy ll'ld llouriltq condition for 1 period of one year from the dabt of acceplance. C.--~~-ln-,lho-----cllho--IOiho--oflho-oflholloi_....Thus,al ---·--O.Tho.......__.......,,wllhout-..10011--...-..-andwllhlna_pla_perlod.al--bylho--IO be deed or In an unacceplable condl6on dtl1ng and at the end oftheQUnl1kMJ period. To be conaldertld acc:epCable, planbs shll befrMofcS.d or dying branches and brandlllpoend ___ cl __ ·-..... -..------ofllo...,. ___ be _ .... __ lnlhlo_,;llcatlon. E.Tho-clll...,....._ ___ lor.,_perlodofano-fn>mllo-cllholr_... __ lnlho...mlhata --lonol-cblngoratlhollldcl ___ perlod.lho._ ____ ...,....._.,.,...lorlhol --F.AI.Iho ... cllho_lho......._ ___ .... ___ lho __ .. lho_ G.Tho......._ ____ at"'exba-.-lho-porlodlo---·ony.-be.-lnlho-...ce pospm.lf c::l'llngla .. racommendad, they lhlllll be IIJI::writl8d In WliUng to the landscape archlact. Claims by the c:ontrackw th8l tht I)Wr'M!d ~ practices or lack or-.....-ln-ordyklg-•notbecor-.olsud>--notbeen-...-byllo--lho-- xnflnal-endflnal-Al.lho ... cllho-porlodand_, __ cllho.....,._,lho _____ .. __ ""_...,..,...,... Tho-shalbe .-..ool_lon_daya_lho __ lorfinai_Upoo_and_ofal_or_IIIIC8SSOty.,lho-oflho ---atlhattimo.lho ___ cedlfy.lnwrllng,lhatlho-llaorocoivodllnol..._... ""C > co ~ Ill "'C ~""C ...c:: > ~a:l 0 ~ ~ z II) ""C "'(; r::: 0 0 u :E l"'l 00 l"'l 0 I 0'\ 0 ~ 0 ...c::O ~l: Oa::: zo ....,LL. co cow l"'la::: ~ w a::: c.. Vl z w 0 ~ J: ~ a:l I: ~ LL 0 ~ u "ALL 01\AWINGS. SPEOFICATIONS AND RELATED DOCUMENTS ARE THE COPYRIGHT PROPERTY OF THE LANDSCAPE ARCHITECT AND MUST BE RETURNED UPON REQUEST. REPRODUCTION OF DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS FORBIDDEN WITHOUT THE LANDSCAPE AROiiTECTS WRITTEN PERMISSION. • 0 SPECIF ICATIONS DRAWN BY: AMM/JAH DRAWING#k 2012-0SJO_;d.SC_I06U7.1fwa RLE#t 1066.37 DATE: 01/9612012 LD.S SHEET # LP-4 ~ 0 •oo o. ~~ I ~ "' --------------------1-1--·--- Ke-p ~ ' gikJ:L!3 ilniC- 1767 Hill Ave. West Palm Beach, Fl. 33407 561-840-6382 fax 561-840-6385 North Lake 3805 N. Lake Blvd. Palm Beach Gardens, FL A DRIVE THRU COPY 2 TOTAL SQ. FT. Color: Yellow Pantone 123C 11'·0" (335.28 em) 1---------10'·0" (304.80 em) ------1 B"x 3/4" thick channel letters painted black with "McDonald's Yellow" vinyl film on faces. --r Clearance bar 8'·6" (259.08 em) S-2 10-01-12 C,D '·3" 3/4" thick channel letters painted black w/ McDonald's yellow reflective vinyl on faces ~-----9'·4"----1------ 8" 8'-6" 7'·0" 213.36 em 2'-6" i i . ! ! I [: I Steel columns painted silver White confirmation order display APPROACH VIEW PASSING VIEW Built-in Confirmation Order Dispi J y I Color: Yellow Pantone 123C . S-3 10-01-12 -.Jo. 0 •oo o. -.Jo.~ I -.Jo. N 60.00 57.00 54.00 . 54.00 vo !'.) .,.. ~ 8 QO !'.) ~ bo !'.) 1767 HiiiAve. West Palm Beach, Fl. 33407 561-840-6382 fax 561-840-6385 m ., l • ~ • ' :.. ~ $;:: m z .. c • ro 0 )> ;o 0 z m 24.00 ~ 0 "'0 , (/) 0 -~ .. ~ (J) North Lake 3805 N. Lake Blvd. Palm Beach Gardens, FL G,H,I 33"-----1 3" X 3" X 11 GA. X 2' TUBE I 13' Color (cabinet & Pole) Bronze Pantone 875C Color (Face) Red Pantone 1788C Color (Arrow) Yellow Pantone 123C r-Exit --+ 3 SQUARE F ET @ ,-- Drive-Thru D ~ r:::::::l ~ § @ §) @ ~ S-5 10-01 -12 -' u.. () 0 0 ::: ....lt. N w () 1767 Hill Ave. West Palm Beach, Fl. 33407 561-840-6382 fax 561-840-6385 w .- CII • North Lake 3805 N. Lake Blvd. Palm Beach Gardens, FL 0 0 0 :-! ~ =r ;::::j.:' CD w <0 . 01 --i 0 ~ r (J) 0 • , :-1 1767 Hill Ave. West Palm Beach, Fl. 33407 561-840-6382 fax 561-840-6385 ·~ North Lake 3805 N. Lake Blvd. r r s:: 0 c z -I z (j) );! r ~ 0 z 0 m );! r --t---- Palm Beach Gardens, FL • 3 '-ltZ>' + MIXED WATER 5l\leOUT/fll>. YEF<IFY ~ ~OCATION. +------h,---1 23'-4' S'-8' ~ • &'-c:1' 3 '-lf!>' ~ ill> L~~a£~~ • REGIJIJii!!EI'1ENT5 WI EG:IJIFMENT ~----~~~~·.---------~.------------n~·------------.---~-------n~-~=· ----~ W A A SEE SITE PLAN FOR FLACS'"ENT OF OFTICNAI.. STOR.AU:E. PLAN MAY BE FL.IPFED TO .ACC01""1100ATE ~TE o::::t¢>1TIONS. VE~ ALL DII'1EN51 ~ MATCH FIELD CONOITic:::NS~ DU.GS. I \ 1\ I \ I \ I \ I \ I \ I \ I \ / \ / " / " _. / ""'--(2 ) !t'~fD ' DOORS __,/' ........._ ........_ _,.,. / ""'--(2J S'-(!)' OOOR:S __,/' ......._ ........_ ~--. ---~----- REFUSE ENCLOSURE V2' • 1'-"1 &LOPE PAVEI'1ENT TO FOL.LO.U LOT FOR DRAINA.G:E !&EE SITE PLANJ @:~~·~·ELEVATION D IT AND TRASI-I CORRAL FAD DETAIL 1 1n' • 1'-0' I I l¥J ~T ,•;.;:~.::;;~.;:·~ .~~~;!¥~:?.~~;?! 0 ~- I . 1: -·--~ I, . ! --0 I . 1--:-0 ·······-··--····'-------.:~ ' / ,-_·:01 , ______ ----,'-----' i! C\1 ....... I ....... 0 I 0 ....... fHf l II] I III • [ I ~·-.. - 0 It) I --- 1 ---IIJo -~ i·\·~ " ·~.~.: q a a: e ~~ .. : a ll]'(Il [[] .~![II t-1-'• '.~t - '. ·~. C'\1 """ I """ 0 I 0 """ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 6UILDING DATA IWO -...oc:m-C """ J ~ i1'11"0RrANCE PACTO!Ot 14111> BUILP11'6 CATEGORY II ~ CAT!GO!OtY C: NtmONAL --c:GIER'ICEIENT .,. fZ>Ja <I!Nc:LoeeD BUILPINGJ MEAN ROO' <EIGIIT ( 1'\ ) M.92' BUILPINr:> WIP114 ( 1\ ) ....... ~, BUILPING L.eNG114 ( 1'\ ) -~· ROO' eLOI"E ( )( • ., ) ... FLORIDA 6UILDING CODE-2~~1- DESIGN PRESSURES FOR OPENINGS WALL OPENINGS SCI-IEDULE F; OI"I!NINI!o OCATIQN OI"I!NINao Ol'eNING Pn-eN6IGIN ~I'Yt! ~ION ZONI! I!LI!YATION IUP114 >11!16111 ""' _5,A l'll<I!P~ & 4.& • , 31.~ 1!1 l'll<I!P~ • 4.& • , !t1.~ c: ·-<ILAee 4 ., 2 32& 4fZ>.6 p l'll<I!PGLAM 4 4.& I , ~ I! GLAM DOOIOt • 3.& 6 , ~ ... F Fll<I!J)GLA&II 4 1.!1 6 I 4fZ>.I co ·-<ILAee 4 4.& 2 3 4fZ>.6 ELEV. • 8'-IL'' ~T/!LL MAX NeGITIV! -... , -<4e.ll -41.3 -~ --42.1 -4fZ> .. -43.& -~ ~16 ELEY. • 9'-..f.' T/ WINCOUJ& ELEY. • 8 '-C'', VflltFT" MATe~ EXI&TING STOIOI!I'IIOCM "''!IGi-11' ~T/81LL EAST ELEVATION l/4' • 1'-0' ~~~~~~A-~~~~ TII"AI'AI"I!T $ ELEY. • n•-n • T/~ $ ILeV .......... (.) c· -· (I) I..... ~-+-' u· (1). +-' ....c u· I..... <( ~· "C· ... ::s a..· +· ~· CU · -~· ca · J:· . -E ~ JUN 1 4 201? · SC01IT .1. PURDY M 91878 u c:· -· . -E STONE VENEER FINIS~, OWENS CORN ING, CULTURED STONE - SOUT~WEST 6LEND FRO-FIT LEDGERSTONE (Ff=-8(Z)I~) FIELD ALEXANDRIA 6EIGE 6M-~C-11 COLOR 6Y 6ENJAM IN MOORE CORRUGATED MET AL 6AND 6Y METAL ERA MANUFACTURING CO. I -8{Z)(Z)-SS8-2162 1/8• •s• PANEL 24 GA. (COLOR: CITYSCAPE ) L ~- 6AND6 MONROE 6 16QUE 6M-~C-26 ~CC©TIJ.~lUJIRIQlW AR 91876 . ~~~~ ~ ':'~~~ ~~c.h !t7c:;t;;~e:l ~ m lf!llciQJirl!INI~W'~ ©lrlilii!ll'lrlilii!~ 1111011Nl ..................... 0 ••••••••••••••••••••• 3805 NORTHLAKE BLVD. f1tr N..rA """"..,...... PALM BEACH GARDENS, FL ,.,_ l'loriM"-'407 ST /SITE# 009-0383 ~~ (mJ m -003~ ,.... -1102.123 -=oe.1z.1z CB SCOTT J. P\JIIDY .. (11!} 361--Mllllle CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 6, 2012 Ordinance 30, 2012 Subject/Agenda Item: City-initiated Comprehensive Plan Text Amendment First Reading: A City-initiated text amendment to the Comprehensive Plan to provide for minor updates to the Future Land Use Element, Housing Element, and support documents in order to revise, update, clarify, and provide for internal consistency. [ X) Recommendation to APPROVE [ ) Recommendation to DENY Reviewed by: Development Compliance a1?J Bahareh Wolfs, AICP Originating Dept.: Planning & Zoning: Project Manager ¥t:> Kathryn DeWitt, AICP Senior Planner [ ] Quasi -Judicial [X] Legislative [X] Public Hearing Advertised: [X] Required [ ] Not Required Paper: Palm Beach Post 1----::-A-p-pr-0-v-ed-=-=B-y-: -----1 Date: 11/21/12 Affected parties: [X] Notified [ ] Not Required Finance: Accountant N(A- Sarah Varga Fees Paid: N/A Funding Source: [ ] Operating [X] Other N/A Council Action: ] Approval ] Approved w/ Conditions ] Denial ] Continued to: __ Budget Acct.#: Attachments: N/A • Ordinance 30, 2012 Contract/ Agreement: Effective Date: N/A Expiration Date: N/A EXECUTIVE SUMMARY Meeting Date: December 6, 2012 Ordinance 30, 2012 Page 2 of 10 A City-initiated request to amend the Comprehensive Plan in order to provide minor updates to the Future Land Use Element, Housing Element, and supporting documents in order to provide nomenclature and other amendments to revise, clarify, and provide internal consistency. The amendments are primarily housekeeping in nature. The support documents include an update to Map A.4 Potential Future Annexation Areas. FUTURE LAND USE ELEMENT (For purposes of brevity, only those sections proposed to be modified are shown below. Proposed language is underlined and language to be deleted is stricken. [Staff comments below are shown in bold].) ****** Policy 1.1.3.4.: The City shall maintain land development regulations which provide for a Planned Unit Development (PUD) technique which shall implement the following concepts: a. The intent of a Planned Unit Development (PUD) is to ensure the desired character of the community is furthered or enhanced on development sites within the City, particularly on sites where the development proposed is rather intense. Master plans for Planned Unit Developments include, at a minimum, site plans showing all local roads and landscaping plans. Supporting documentation is also to be included which indicates, at a minimum, development phasing and a list of permitted uses for commercial and industrial PUDs. b. In exchange, for the extra review requirements imposed by the PUD process, developers may propose plans that would not otherwise be permitted under by right zoning districts. These may include a mixture of uses not found within any of the by right zoning districts and/or density bonuses and/or waivers to non residential ~ intensities described previously. For the purposes of this Comprehensive Plan, tihe City Council may approve the following bonus densities for areas developed as Planned Unit Developments: Residential Low (RL): Up to 5.0 units per gross acre. Residential Medium (RM): Up to 9.0 units per gross acre. Residential High (RH): Up to 12.0 units per gross acre. -------------------------------- Meeting Date: December 6, 2012 Ordinance 30, 2012 Page 3 of 10 [Subsection {a) is being removed, which references support documents for PUDs. The specific submittal requirements for Development Applications are included in the City's Land Development Regulations (LDRs). Subsection (b) is being amended to remove the language authorizing waivers to certain development standards within the Comprehensive Plan. The process for waivers, and the circumstances when an Applicant may request a waiver for approval, is addressed within the City's LDRs.] c. In addition to the above, PUDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan. PUDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6.Policv 3.1.5.6, except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. [The existing reference to Policy 3.1.4.6. is a typographical error. This subsection has been modified to reflect the correct policy.] ****** Objective 1.2.4.: Direct future growth, development and redevelopment to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. Policy 1.2.4.1.(a).1.: For that area bounded by Florida's Turnpike to the east, PGA Boulevard to the south, the eastern boundary of the Loxahatchee Slough to the west, and generally the northern alignment of the Donald Ross Road extension, the City shall impose the following requirements, and shall maintain, land development regulations necessary to implement these requirements. 1. In the event that a site is rezoned to a Planned Community District (PCD). it shall include a minimum of 250 acres and contain All proposed development shall include a minimum of 250 acres which shall be rezoned to Planned Community District (PCD) and contain, at a minimum, a master development plan and supporting documentation which describes what the development is to include and how it is to proceed (phasing). All proposed collector roads within the development shall be shown as part of the PCD master plan. A waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. 2. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. 3. The overall density of PCDs in this area shall not exceed the maximum density ~-~~~--------------------------------- permitted under the land use category. Meeting Date: December 6, 2012 Ordinance 30, 2012 Page 4 of 10 4. Up to 2% of the gross land area of a PCD may be developed for commercial or office use. 5. Up to 5% of the gross land area of a PCD may be developed for commercial or office use if significantly large areas (1 0% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, rather than scattered throughout, and shall be connected to the parkway system. 6. If the entire area covered in this policy is developed under one PCD master development plan, an additional 50 acres of commercial land use may be permitted over and above the 2% and 5% criteria described previously. 7. Up to 2% of the gross land area of a PCD may be developed for industrial uses. 8. All PCDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in Future Land Use, Transportation, and Conservation elements. 9. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Policy 1.2.4.1.(a).2.: For all properties west of the urban growth boundary (Loxahatchee Slough), the City shall impose the following requirements, and shall maintain land development regulations necessary to implement these requirements. 1. Development shall be consistent with rural densities and intensities and shall receive services consistent with the adopted level of service standards for the rural area. In the event that a site is rezoned to a Planned Community Development (PCD) or to a Planned Unit Development (PUD) it shall include a minimum of 250 acres. In addition, : All proposed development shall include a minimum of 250 acres which shall be rezoned to either: 1) .§_Planned Community District (PCD) shall include and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); ~ and a Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. A waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. The City Council may also grant a waiver to allow government entities to develop properties, of less than five acres, west of the City's urban growth boundary if the site is designated Meeting Date: December 6, 2012 Ordinance 30, 2012 Page 5 of 10 Conservation on the Future Land Use Map and if the site is restricted or related to conservation purposes, passive recreation use, or pedestrian trails. 2. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. 3. The overall density of PCD/PUDs in this area shall not exceed the maximum density permitted under the land use category. 4. Site design shall be sensitive to the natural resources and environmental characteristics of the property. 5. All PCD/PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 6. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. ****** Policy 1.2.4.2.(a).: For those areas which were annexed into the City in 1988 and which are located within that area bounded by Donald Ross Road to the North, PGA Boulevard to the South, Central Boulevard to the east, and Florida's Turnpike to the west, the City shall impose the following requirements, and shall maintain, land development regulations necessary to implement these requirements. 1. In the event that a site is 1\11 proposed development shall be rezoned to either: 1) Planned Community District (PCD) it shall include and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) wfH6R tl shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. 2. With City Council approval of a density bonus, the overall density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross for those areas designated as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. 3. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acre if significantly large areas (1 0% or more) of native ecological habitats, in addition to the otherwise . Meeting Date: December 6, 2012 Ordinance 30, 2012 Page 6 of 10 required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be linked to the Parkway system. 4. Up to 3% of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses shall be restricted to neighborhood commercial uses as they are defined in the City's least intensive commercial zoning district. · 5. Up to 5% of the gross land area of a residential PCD may be developed for commercial or office use if significantly large areas (10% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD over aild above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the Parkway system. These uses shall be restricted neighborhood commercial uses as they are defined in the City's least intensive zoning district. 6. If the entire area designat~d as RM on the Future Land Use Map on the west side of Central Boulevard between 1-95 and PGA Boulevard is developed under one PCD master development plan, an additional 10 acres of commercial land use may be permitted over and above the 3% and 5% criteria described previously. 7. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 8. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Policy 1.2.4.2.(b).: For those areas which are located within that area bounded by Donald Ross Road to the north, PGA Boulevard to the south, Alternate A1A to the east and Central Boulevard to the west, the City shall impose the following requirements, and shall maintain land development regulations necessary to implement these regulations: 1. In the event that a site is All proposed development shall be rezoned to either: 1) Planned Community District (PCD) it shall include and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) which lt shall include, at a minimum, site plans, landscape plans, and all proposed collector Meeting Date: December 6, 2012 Ordinance 30, 2012 Page 7 of 10 and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. 2. With City Council approval of a density bonus, the overall density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross acre for those areas designated as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. 3. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acre if significantly large areas (10% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be linked to the Parkway system. 4. Up to 3% of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses shall be restricted to neighborhood commercial uses as they are defined in the City's least intensive commercial zoning district. 5. Up to 5% of the gross land area of a residential PCD may be developed for commercial or office use if significantly large areas (1 0% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the Parkway system where possible. These uses shall be restricted neighborhood commercial uses as they are defined in the City's least intensive zoning district. 6. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 7. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. ****** Policy 1.2.4.4.(a).: The City shall maintain Planned Development Area (PDA) zoning to all undeveloped non-conservation for which a development plan has not been approved by the City. The PDA zoning shall apply to all properties over 10 acres in size and in the urban area, shall be regarded a "holding zone" until development of the said Meeting Date: December 6, 2012 Ordinance 30, 2012 _ Page 8 of 10 properties is requested pursuant to the Comprehensive Plan. In the event that the land is rezoned At the time of the rezoning of the land from PDA to PUD or PCD, the underlying land use shall guide the intensity and type of development. All proposed development shall be of character consistent with the urban or rural distinctions established by the Urban Growth Boundary (policy 1.2.4.4. (b)). In the event that development occurs Development within the PDA district it shall be clustered and, in the urban area, shall be supported by potable water, sanitary sewer and adequate roadway facilities. Septic tanks shall be prohibited in the urban area in the PDA except for an individual single-family residence, however, in the rural area, septic tanks are the standard. Uses in the rural area shall receive services consistent with the adopted level of service standards. The rezoning of PDA to PUD or PCD shall occur only when the applicable urban and rural services and facilities necessary to support the intensity of such development will be in place concurrent with the impacts of the development. The extension of public facilities into areas zoned PDA shall be consistent with the urban and rural level of service standards, maximize the use of existing facilities and services, encourage compact urban development and discourage the proliferation of urban sprawl. Concurrent with rezoning to PCD/PUD, any uses not permitted by the underlying land use category shall cease consistent with the phasing plan of the approved PCD/PUD. [The existing language requires an applicant to rezone property to a Planned Development Overlay if any development is proposed. The respective land use designation and zoning district for a parcel provides the maximum allowable density and manner in which a property is developed. The aforementioned Policies will be modified to reflect the minimum requirements in the event the PCD Overlay is used.] ****** Policy 1.2.4 .7.: O·Nners of property containing uses not consistent with the Comprehensive Plan and Land Development Regulations, made inconsistent or nonconforming by the City or other governing agencies, may continue such legal nonconforming use provided that the following conditions are met. These legal nonconforming uses will not be allowed to expand, will not be allo'Ned to be moved or relocated, will not be allmved to be reestablished if ceased for a six (6) consecutive month period or eighteen (18) months 1Nithin a three (3) year period, or if damaged or destroyed by more than 50% of their value. Legal nonconforming uses are defined as lots, structures, and uses of land and structures that 1A1ere la\Nful before the adoption or amendment of a regulation, but \Nhich v1ould be prohibited, regulated or restricted under the terms of the regulation or future amendment. Hmvever, if the nonconforming use is a multifamily residential project of more than 250 units, the City Council may permit an increase in the number of rooms or square footage of individual residential units, provided that the maximum density of the affected land use is not exceeded and conformity with the current Land Development Regulations will be required. Meeting Date: December 6, 2012 Ordinance 30, 2012 Page 9 of 10 [Nonconforming uses are addressed within the City's Land Development Regulations (LDRs). Maintaining this language in the Comprehensive Plan is duplicative and is too specific for the City's Comprehensive Plan.] HOUSING ELEMENT Policy 3.1.5.6.: Congregate Living Facilities shall be allmvable in all residential land use categories subject to the density thresholds of the category. Congregate Living Facilities Assisted Living Facilities within a Planned Unit Development or parcel within a Planned Community District may be eligible for a density bonus subject to City Council approval. Council consideration of Congregate . Living Facilities Assisted Living Facilities density bonus shall be based upon criteria which include: compatibility with surrounding uses; impact on service delivery; provision of buffering and setbacks to mitigate building bulk or intensity; and/or design considerations of buildings and site. With demonstration of meeting said criteria, Council may approve an Congregate Living Facilities Assisted Living Facility's density bonus to allow a total of up to 18 dwelling units per acre in Residential Medium areas, and up to 24 dwelling units per acre in Residential High and Mixed Use areas. This density bonus shall not be applicable within the Coastal High Hazard Area. Skilled Care Nursing Facility may be permitted within Residential High land use areas at a maximum of 38 beds per acre when designed with an Assisted Living Facility in a Continuing Care Retirement Community. Individual Skilled Care Nursing Facilities shall be allowed within Commercial land use areas subject to the intensity thresholds of the category. The density for dwelling units and beds of Continuing Care Retirement Communities shall be measured from separate acreages delineated for each component. [The term 'Congregate Living Facilities" will be replaced with "Assisted Living Facilities" to be consistent with the Land Development Regulations (LDRs). The LDRs contain definitions for the following terms: Assisted Living Facility (ALF), ALF-Independent Living, ALF-Assisted Living, ALF-Skilled Nursing Facility.] SUPPORTING DOCUMENTATION UPDATE The City's Comprehensive Plan contains the City's Potential Future Annexation Map, known as Map A.4. The Potential Future Annexation Map sets forth the vision for future expansion of the City's municipal boundaries. The map is being amended to include two (2) new areas located in unincorporated Palm Beach County. The addition of areas to Map A.4 does not authorize any changes to the City's current boundaries, and each area will be further analyzed in the future should annexation be pursued. The map is simply being updated to reflect the City's vision for future growth. Park of Commerce Meeting Date: December 6, 2012 Ordinance 30, 2012 Page 10 of 10 The first area is located northwest of the City's existing boundaries at the northeast corner of Beeline Highway and State Highway 711 (Pratt Whitney Road). The area is known as the Park of Commerce, and contains corporate type facilities for companies such as Walgreens, Audio America, CB Richard Ellis, and All My Sons Moving and Storage. The area is approximately 1 ,209 acres and contains zero (0) residential units. The current zoning designation is Light Industrial (IL) and the future land-use designation is Industrial (IN D). Bayhill Estates and Rustic Ranches The second area is located southwest of the City's existing boundaries on the south side of Northlake Boulevard, just west of the City's Golf Course. The area contains two (2) residential communities, Bayhill Estates and Rustic Ranches, which consists of 307 dwelling units and is approximately 1 ,358 acres in size. Bayhill Estates has a zoning designation of Residential Estate (RE) and a future land-use of Rural Residential (RR). Rustic Ranches has a zoning designation of Residential Estate (RE) and Agricultural Residential (AR) and a future land-use of Rural Residential (RR) and Commercial (C). Both communities contain residential dwelling units on larger lots that are rural in nature. There are a number of properties that also contain livestock, nurseries, and agricultural equipment. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS: On October 31, 2012, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) was notified of the proposed amendment. No objections have been received to date. LOCAL PLANNING AGENGY (LPA) On November 13, 2012, the LPA recommended approval of the subject petition to the City Council by a vote of 7-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 30, 2012 on first reading as presented. Ordinance 30, 2012 1 ORDINANCE 30, 2012 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT 6 TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN 7 ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 8 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET 9 SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. 10 CPTA-12-10-000023, WHICH PROVIDES FOR AN AMENDMENT TO 11 THE FUTURE LAND USE ELEMENT AND HOUSING ELEMENT, TO 12 PROVIDE MINOR UPDATES TO CERTAIN TABULAR DATA, 13 NOMENCLATURE AND OTHER AMENDMENTS WHICH REVISE, 14 CLARIFY, AND PROVIDE FOR INTERNAL CONSISTENCY; 15 PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF 16 CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR 17 TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC 18 OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A 19 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 20 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 21 22 23 WHEREAS, the City Council has initiated a text amendment to the 24 Comprehensive Land Use Plan of the City of Palm Beach Gardens, as more specifically 25 described in Exhibit "A", attached hereto and incorporated herein; and 26 27 WHEREAS, on November 13, 2012, the Planning, Zoning, and Appeals Board, 28 sitting as the duly constituted Local Planning Agency for the City, recommended 29 approval of a text amendment to the Comprehensive Plan of the City; and 30 31 WHEREAS, the City Council finds that the subject amendment is consistent with 32 the City's Comprehensive Plan and that the subject amendment is consistent with 33 Sections 163.3184, Florida Statutes; and 34 35 WHEREAS, the City Council acknowledges that this amendment is subject to the 36 provisions of Sections 163.3184, Florida Statutes, and that the City shall maintain 37 compliance with all provisions thereof; and 38 39 WHEREAS, the City has received public input and participation through public 40 hearings before the Local Planning Agency and the City Council in accordance with 41 Section 163.3181, Florida Statutes; and 42 43 WHEREAS, the City Council deems approval of this Ordinance to be in the best 44 interests of the health, safety, and welfare of the residents and citizens of the City of 45 Palm Beach Gardens and the public at large. 46 Page 1 of 3 Ordinance 30, 2012 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The City's Comprehensive Plan is hereby amended, as set forth in 7 accordance with Exhibit "A" and Exhibit "8", attached and incorporated herein. 8 9 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 1 0 hereby repealed. 11 12 SECTION 4. Should any section or provision of this Ordinance or any portion 13 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 14 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 15 16 SECTION 5. The City's Director of Planning and Zoning is hereby directed to 17 transmit the proposed Comprehensive Plan Amendment to the Department of Economic 18 Opportunity of the State of Florida and other appropriate public agencies, and upon 19 adoption of this Ordinance is further directed to ensure that this Ordinance and all other 20 necessary documents are forwarded to the Florida Department of Economic Opportunity 21 (DEO) and other agencies in accordance with Section 163.3184, Florida Statutes. 22 23 SECTION 6. The effective date of this plan amendment shall be 31 days after 24 adoption in accordance with Section 163.3184, Florida Statutes, whichever is 25 applicable. No development orders, development permits, or land uses dependent on 26 this amendment may be issued before it has become effective. 27 28 29 30 (The remainder of this page intentionally left blank) 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 Ordinance 30, 2012 PASSED this __ day of ______ , 2012, upon first reading. PASSED AND ADOPTED this second and final reading. CITY OF PALM BEACH GARDENS BY: --------------Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, 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\2012\0rdinance 30 2012.docx day of ___________ , 2012, upon FOR AGAINST ABSENT Page 3 of 3 Ordinance 30, 2012 EXHIBIT "A" Future Land Use Element (For purposes of brevity, only those sections proposed to be modified are shown below. Proposed language is underlined and language to be delete is strieken.) ****** Policy 1.1.3.4.: The City shall maintain land development regulations which provide for a Planned Unit Development (PUD) technique which shall implement the following concepts: a. The intent of a Planned Unit Development (PUD) is to ensure the desired character of the community is furthered or enhanced on development sites within the City, particularly on sites where the development proposed is rather intense. Master plans for Planned Unit Developments include, at a minimum, site plans showing all local roads and landscaping plans. Supporting doeumentation is also to be ineluded whish indieates, at a minimum, development phasing and a list of permitted uses for commercial and industrial PUDs. b. In exchange, for the extra review requirements imposed by the PUD process, developers may propose plans that vJould not otheRNise be permitted under by right zoning districts. These may include a mixture of uses not found \Vithin any of the by right zoning districts and/or density bonuses and/or waivers to non residential intensities described previously. For the purposes of this Comprehensive Plan, tihe City Council may approve the following bonus densities for areas developed as Planned Unit Developments: Residential Low (RL): Up to 5.0 units per gross acre. Residential Medium (RM): Up to 9.0 units per gross acre. Residential High (RH): Up to 12.0 units per gross acre. c. In addition to the above, PUDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for· the provision of affordable housing, as defined in this Plan. PUDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4 .6.Policy 3.1.5.6, except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. ****** Page 1 of 7 ------------------------------------ Ordinance 30, 2012 Objective 1.2.4.: Direct future growth, development and redevelopment to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. Policy 1.2.4.1.(a).1.: For that area bounded by Florida's Turnpike to the east, PGA Boulevard to the south, the eastern boundary of the Loxahatchee Slough to the west, and generally the northern alignment of the Donald Ross Road extension, the City shall impose the following requirements, and shall maintain, land development regulations necessary to implement these requirements. 1. In the event that a site is rezoned to a Planned Community District (PCD). it shall include a minimum of 250 acres and contain All proposed development shall include a minimum of 250 acres which shall be rezoned to Planned Community District (PCD) and contain, at a minimum, a master development plan and supporting documentation which describes what the development is to include and how it is to proceed (phasing). All proposed collector roads within the development shall be shown as part of the PCD master plan. A waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. 2. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. 3. The overall density of PCDs in this area shall not exceed the maximum density permitted under the land use category. 4. Up to 2% of the gross land area of a PCD may be developed for commercial or office use. 5. Up to 5% of the gross land area of a PCD may be developed for commercial or office use if significantly large areas (10% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, rather than scattered throughout, and shall be connected to the parkway system. 6. If the entire area covered in this policy is developed under one PCD master development plan, an additional 50 acres of commercial land use may be permitted over and above the 2% and 5% criteria described previously. 7. Up to 2% of the gross land area of a PCD may be developed for industrial uses. Page 2 of 7 ------------------------------------ Ordinance 30, 2012 8. All PCDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in Future Land Use, Transportation, and Conservation elements. 9. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Policy 1.2.4.1.(a).2.: For all properties west of the urban growth boundary (Loxahatchee Slough), the City shall impose the following requirements, and shall maintain land development regulations necessary to implement these requirements. 1. Development shall be consistent with rural densities and intensities and shall receive services consistent with the adopted level of service standards for the rural area. In the event that a site is rezoned to a Planned Community Development (PCD) or to a Planned Unit Development (PUD) it shall include a minimum of 250 acres. In addition. : All proposed development shall include a minimum of 250 acres which shall be rezoned to either: 1) ~Planned Community District (PCD) shall include and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); 9f-2t and a Planned Unit Development (PUD) •.vhich shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. A waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. The City Council may also grant a waiver to allow government entities to develop properties, of less than five acres, west of the City's urban growth boundary if the site is designated Conservation on the Future Land Use Map and if the site is restricted or related to conservation purposes, passive recreation use, or pedestrian trails. 2. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all . proposed local roads. 3. The overall density of PCD/PUDs in this area shall not exceed the maximum density permitted under the land use category. 4. Site design shall be sensitive to the natural resources and environmental characteristics of the property. 5. All PCD/PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 6. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Page 3 of 7 Ordinance 30, 2012 ****** Policy 1.2.4.2.(a).: For those areas which were annexed into the City in 1988 and which are located within that area bounded by Donald Ross Road to the North, PGA Boulevard to the South, Central Boulevard to the east, and Florida's Turnpike to the west, the City shall impose the following requirements, and shall maintain, land development regulations necessary to implement these requirements. 1. In the event that a site is All proposed development shall be rezoned to either: 1) Planned Community District (PCD) it shall include and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) wfH6R tl shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. 2. With City Council approval of a density bonus, the overall density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross for those areas designated as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. 3. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acre if significantly large areas (1 0% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be linked to the Parkway system. 4. Up to 3% of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses shall be restricted to neighborhood commercial uses as they are defined in the City's least intensive commercial zoning district. 5. Up to 5% of the gross land area of a residential PCD may be developed for commercial or office use if significantly large. areas (10% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the Parkway system. These uses shall be restricted neighborhood commercial uses as they are defined in the City's least intensive zoning district. Page 4 of7 -------------- Ordinance 30, 2012 6. If the entire area designated as RM on the Future Land Use Map on the west side of Central Boulevard between 1-95 and PGA Boulevard is developed under one PCD master development plan, an additional 10 acres of commercial land use may be permitted over and above the 3% and 5% criteria described previously. 7. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 8. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Policy 1.2.4.2.(b).: For those areas which are located within that area bounded by Donald Ross Road to the north, PGA Boulevard to the south, Alternate A1A to the east and Central Boulevard to the west, the City shall impose the following requirements, and shall maintain land development regulations necessary to implement these regulations: 1. In the event that a site is All proposed development shall be rezoned to either: 1) Planned Community District (PCD) it shall include and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) wt=HeR l! shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. 2. With City Council approval of a density bonus, the overall density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross acre for those areas designated as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. 3. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acre if significantly large areas (1 0% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be linked to the Parkway system. Page 5 of 7 ---------------------- Ordinance 30, 2012 4. Up to 3% of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses shall be restricted to neighborhood commercial uses as they are defined in the City's least intensive commercial zoning district. 5. Up to 5% of the gross land area of a residential PCD may be developed for commercial or office use if significantly large areas (1 0% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the Parkway system where possible. These uses shall be restricted neighborhood commercial uses as they are defined in the City's least intensive zoning district. 6. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 7. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. ****** Policy 1.2.4.4.(a).: The City shall maintain Planned Development Area (PDA) zoning to all undeveloped non-conservation for which a development plan has not been approved by the City. The PDA zoning shall apply to all properties over 10 acres in size and in the urban area, shall be regarded a "holding zone" until development of the said properties is requested pursuant to the Comprehensive Plan. In the event that the land is rezoned At the time of the rezoning of the land from PDA to PUD or PCD, the underlying land use shall guide the intensity and type of development. All proposed development shall be of character consistent with the urban or rural distinctions established by the Urban Growth Boundary (policy 1.2.4.4. (b)). In the event that development occurs Development within the PDA district it shall be clustered and, in the urban area, shall be supported by potable water, sanitary sewer and adequate roadway facilities. Septic tanks shall be prohibited in the urban area in the PDA except for an individual single-family residence, however, in the rural area, septic tanks are the standard. Uses in the rural area shall receive services consistent with the adopted level of service standards. The rezoning of PDA to PUD or PCD shall occur only when the applicable urban and rural services and facilities necessary to support the intensity of such development will be in place concurrent with the impacts of the development. The extension of public facilities into areas zoned PDA shall be consistent with the urban and rural level of service standards, maximize the use of existing facilities and services, encourage compact urban development and discourage the proliferation of urban sprawl. Concurrent with rezoning to PCD/PUD, any uses not permitted by the underlying land use category shall cease consistent with the phasing plan of the approved PCD/PUD. Page 6 of7 ---------------------------------- Ordinance 30, 2012 ****** Policy 1.2.4 .7.: 0'Nners of property containing uses not consistent v;ith the Comprehensive Plan and Land Development Regulations, made inconsistent or nonconforming by the City or other governing agencies, may continue such legal nonconforming use provided that the following conditions are met. These legal nonconforming uses will not be allmved to expand, will not be allowed to be moved or relocated, 'Nill not be allowed to be reestablished if ceased for a six (6) consecutive month period or eighteen (18) months within a three (3) year period, or if damaged or destroyed by more than 50% of their value. Legal nonconforming uses are defined as lots, structures, and uses of land and structures that were la\vful before the adoption or amendment of a regulation, but which 'Nould be prohibited, regulated or restricted under the terms of the regulation or future amendment. However, if the nonconforming use is a multifamily residential project of more than 250 units, the City Council may permit an increase in the number of rooms or square footage of individual residential units, provided that the maximum density of the affected land use is not exceeded and conformity with the current Land Development Regulations will be required. Housing Element Policy 3.1.5.6.: Congregate Living facilities shall be allowable in all residential land use categories subject to the density thresholds of the category. Congregate Living facilities Assisted Living Facilities within a Planned Unit Development or parcel within a Planned Community District may be eligible for a density bonus subject to City Council approval. Council consideration of Congregate Living facilities Assisted Living Facilities density bonus shall be based upon criteria which include: compatibility with surrounding uses; impact on service delivery; provision of buffering and setbacks to mitigate building bulk or intensity; and/or design considerations of buildings and site. With demonstration of meeting said criteria, Council may approve an Congregate Living facilities Assisted Living Facility's density bonus to allow a total of up to 18 dwelling units per acre in Residential Medium areas, and up to 24 dwelling units per acre in Residential High and Mixed Use areas. This density bonus shall not be applicable within the Coastal High Hazard Area. Skilled Care Nursing Facility may be permitted within Residential High land use areas at a maximum of 38 beds per acre when designed with an Assisted Living Facility in a Continuing Care Retirement Community. Individual Skilled Care Nursing Facilities shall be allowed within Commercial land use areas subject to the intensity thresholds of the category. The density for dwelling units and beds of Continuing Care Retirement Communities shall be measured from separate acreages delineated for each component. Page 7 of 7 -------------------------------------------- Ordinance 30, 2012 EXHIBIT "8" CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 6, 2012 Resolution 101, 2012 Subject/Agenda Item: Approving the Lease Term Options with Oshkosh Capital and approving the Lease Purchase Turn-In of two (2) new rescue units. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Fire Rescue Advertised: NA Date: Paper: [ x 1 Not Required Submitted by: Department Director Affected parties Approved by: [ ] Notified [ 1 Not required Costs: $561 ,964 (Total) lQ Current FY Funding Source: [ x 1 Operating [ 1 Other Budget Acct.#: 001.1230.522.6410 Council Action: 1 Approved 1 Approved w/ Conditions 1 Denied 1 Continued to: Attachments: • Resolution 101, 2012 -Exhibit "A": Proposal Option List -Exhibit "B": Turn-In Lease Proposal -Exhibit "C": Lease Agreement Meeting Date: December 6, 2012 Resolution 102, 2012 Page 2 of2 BACKGROUND: The Fire Rescue Department currently maintains a fleet of seven fire engines for emergency response purposes. There is one engine assigned to each fire station and two reserve units for use at special events and as back up for the frontline vehicles. Over the past year, Engine 7 has required numerous repairs and is more costly to maintain. This engine is a 2000 model and will be traded in and replaced with the new engine. This vehicle has logged 7 4983 miles, estimated 600 hours, which equate to an additional19,200 miles for a grand total of 94,183 miles. Maintenance costs for this vehicle last year were $12,815. This purchase is being made using the Florida Fire Chiefs Association Bid #10-09-0907 at a cost of $475,727.00 (including the trade of $45,000.00 for Engine 7). The Agreement provides for annual payments of $47,454 commencing December 2013. The Agreement also provides for the ability at the end of the lease term to either purchase the vehicle by making a balloon payment ($85,254.83} or turn in the vehicle and execute another lease agreement. STAFF RECOMMENDATION: Staff recommends approval of Resolution102, 2012 as presented. PALM BEACH GARDENS "A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698 PURCHASING AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, ond copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of oil solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Piggyback/Access Contract TITLE: Fire Rescue Fleet Vehicles & Other Equipment DATE ADVERTISED: N/A WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: CONTRACT TERM: Five-year lease CONTRACT NO.: FSA 11-10-1202 DEPARTMENT: Fire Rescue BIDS/PROPOSALS DUE DATE: N/A RESPONSES RECEIVED: Not Applicable CONTRACT VALUE: Five Hundred Sixty-one Thousand, Nine Hundred Sixty-Four $561,964 OPTIONS TO RENEW: N/A BACKGROUND: Click here to enter text. The Fire Rescue Department currently maintains a fleet of seven (7) rescue units for emergency response purposes. There is one (1) rescue unit assigned to each fire station and two (2) reserve units for use at special events and as back up for the frontline vehicles. It is important to note that both of the unit replacements have exceeded their scheduled replacement cycle and will continue to increase in maintenance costs due to their age and condition. These vehicles have logged high mileage due to their age. One rescue unit has logged 66,788 miles, 9,113 hours, which equate to an additional 291,616 miles for a grand total of 358,404 miles and the other rescue unit has logged 84,469 miles, 8,444 hours, which equate to an additional 270,208 miles for a grand total of 354,677 miles. Maintenance costs for these vehicles last year were $36,022. Additionally, this will eliminate the expenditure of Fleet Funds and transfer a lease payment to the Fire Rescue Budget. The first payment will not be due until December 2013, effectively delaying the first payment of the Lease until the 2013/2014 Fiscal Year. The Agreement provides for annual payments of $115,089.21 commencing December 2013. The Agreement also provides for the ability at the end of the lease term to either purchase the vehicles by making a balloon payment ($40,000.00) or turn in the vehicles and execute another lease agreement. This purchase is being made using the Florida Fire Chiefs Association Bid #11-10- 1202 at a cost of $561,964.00 (including the trade of R2 &R3 at $45,000). COMMENTS: This type of lease-buy-back arrangement allows the City to properly manage its fire equipment vehicle resources without having to make large one-time payments to acquire equipment. Finance Allan Owens Purchasi 0 APPROVED 0 NOT APPROVED D DEFERRED CITY MANAGER OR DESIGNEE DATE 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION 101, 2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE LEASE PURCHASE/TURN-IN OF TWO (2) RESCUE UNITS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SAID LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 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 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 WHEREAS, the Fire Rescue Department currently maintains a fleet of seven (7) fire engines for emergency response purposes, with one (1) engine assigned to each fire station and two (2) reserve units for use at special events and as backup for the frontline vehicles; and WHEREAS, two (2) units have logged high mileage due to their age, thereby exceeding their scheduled replacement cycle and resulting in increased maintenance costs; and WHEREAS, the City desires to execute a lease purchase for two (2) 2013 Braun Super Chief Rescue Units, as described in Exhibit "A," to replace two (2) reserve rescue units which will be traded in on the new rescue units with the trade-in value of $45,000 being applied to the lease purchase price pursuant to the Turn-In Lease Proposal, which is attached hereto as Exhibit "B"; and WHEREAS, the Lease Purchase Agreement would require five (5) annual lease payments of $115,089.21, with an "end of lease" purchase option; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Page 1 of 3 Resolution 101,2012 1 SECTION 2. The City Council hereby approves the lease purchase of two {2) 2 2013 Braun Super Chief Rescue Units from Ten-8 Fire Equipment, Inc. and financed 3 through Oshkosh Capital for an amount not-to-exceed $561 ,964.00, and authorizes the 4 City Manager to act on behalf of the City of Palm Beach Gardens in order to negotiate, 5 enter into, execute, and deliver one or more Lease Agreements in substantially the form 6 set forth in Exhibit "C", attached hereto and incorporated herein, which is presently 7 before 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 16 17 (The remainder of this page intentionally left ·blank) 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 101, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: -----------------Robert G. Premuroso, Vice Mayor ATTEST: BY: --------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: --------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 101 2012-Rescue Lease.docx Page 3 of 3 Resolution 101, 2012 EXHIBIT "A" Thursday, November 15, 2012 Palm Beach Gardens Fire Rescue Keith Bryer, EMS Chief 10500 N. Military Trail Palm Beach Gardens, Fl 33410 The undersigned is prepared to manufacture for you, upon an order placed by you, for final acceptance by Braun Industries, at its home office in Van Wert, OH, the apparatus and equipment herein named and for the following prices: Description Two (2) Braun Super Chief Ambulances on a 2013 lnternational4300 lP Chassis based on the Florida Sheriffs Association Bid No. 11-10-1202, Specification #02 See Attached Specifications and Drawings Stryker 6500 Power-Pro Cot/Firecom/Brackets Stryker Powerload Installed by Braun Trade (2) 2003 Medtec Units Total Price Unit Price $262,082.00 $18,647.00 $22,753.00 $-22,500.00 $280,982.00 Total Price $516,164.00 $37,294.00 $45,506.00 $-45,000.00 $561,964.00 Said apparatus is to be shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 180 days after receipt of signed written order at our office at Van Wert, OH, and receipt of chassis, to be delivered to you at Palm Beach Gardens, Florida. The specifications herein contained shall form a part of the final 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 emergency medical apparatus conforms to all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and all (KKK-A-1822F) Federal Specification for Star of Life Ambulance and (AMD) Ambulance Manufactures Division Guidelines for Automotive Emergency Medical Apparatus as published at the time of bid, except as modified by customer specifications. Any increased cost incurred by first party because of future changes in or said DOT, KKK or AMD standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 30 days from date, the right is reserved to withdraw this proposal. Ten-8 Fire Equipment, Inc. By &ilg A1 ~IA/'w Sales Representative BID AWARD ANNOUNCEMENT . 11-10-1202 FIRE RESCUE VEHICLES & OTHER FLEET EQUIPMENT Participating Law Enforcement, Fire/Rescue & Local Governmental Agencies of the State of Florida Coordinated By The Florida Fire Chiefs' Association, Florida Sheriffs Association & Florida Association of Counties ~ FA~ FLORIDA ASSOCIATION OF COUNTIES All About Florida TABLE OF CONTENTS I Effective Dates & Ordering Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Overview of Awarded Specifications ............................................................................................... 11 Awarded Manufacturers/Dealers .................................................................................................. 29 Basic Information REQUIRED for Purchase Orders ....................................................................... 31 Specification #0 1 -Type I Ambulance -4x2 .................................................................................. 32 Ford XLT F-350 ...... ; .......................................................................................................... 34 Ford XLT F -450 ................................................................................................................. 35 Ford XL T F -550 ................................................................................................................. 36 Chevy Silverado 3500 HD .................................................................................................. 37 Dodge Ram 3500 ............................................................................................................... 38 Dodge Ram 4500 ............................................................................................................... 39 Dodge Ram 5500 ............................................................................................................... 40 Specification #02 -Type I Ambulance, Medium Duty -4x2 ........................................................... 41 Ford F -650 ........................................................................................................................ 43 Freightliner M2 .................................................................................................................. 44 International Terrastar SFA ............................................................................................... 45 International Durastar 4300M7 ......................................................................................... 46 International Durastar 4300LP .......................................................................................... 4 7 International Durastar 4400LP .......................................................................................... 48 Spartan Metro Star RT ...................................................................................................... 49 Specification #03 -Type II Ambulance, Van -4x2 ........................................................................ 50 Ford E-350 ........................................................................................................................ 52 Sprinter .......................................................................................................................... 53 Specification #04 -Type III Ambulance -4x2 ................................................................................ 54 Ford XL E-350 ................................................................................................................... 56 Ford XL E-450 ................................................................................................................... 57 Chevy G3500 ..................................................................................................................... 58 Chevy G4500 ..................................................................................................................... 59 GMC G3500 ...................................................................................................................... 60 GMC G4500 ...................................................................................................................... 61 Sprinter .......................................................................................................................... 62 Specification #05 -75' Mid Mounted Aerial Apparatus .................................................................. 63 Formed Stainless Steel Body Aluminum Ladder Sutphen Corporation-Sutphen SL75 ................................................................. 68 Specification #06-75' Rear Mounted Aerial Apparatus ................................................................. 69 Extruded Aluminum Body Aluminum Ladder Hall-Mark Fire Apparatus (E-ONE)-E-ONE HP 75 ............................................. 74 Bid Award Announcement (11-1 0-1202) 2 Specification #06 -75' Rear Mounted Aerial Apparatus (continued) Steel Ladder Crimson Fire (Public Safety ... )-Crimson 75RMA ................................................ 75 Ferrara Fire Apparatus, Inc.-Igniter XD ............................................................ 75 Ferrara Fire Apparatus, Inc. -Intruder ............................................................... 75 Rosen bauer South Dakota, LLC -Spartan Metro Star 75' ................................... 75 Formed Aluminum Body Aluminum Ladder Pierce Manufacturing, Inc. -Pierce Impel 75' HDL .............................................. 76 Steel Ladder American LaFrance, LLC -American LaFrance 75RML ....................................... 77 Crimson Fire (Public Safety ... )-Crimson 75RMA ................................................ 77 Kovatch Mobile Equip. Corp. (KME) -KME Predator Aerial Cat FL0675 ................ 77 Pierce Manufacturing, Inc. -Pierce Impel 75' HDL .............................................. 77 Rosen bauer South Dakota, LLC -Spartan Metro Star 75' ................................... 77 Formed Stainless Steel Body Steel Ladder American LaFrance, LLC -American LaFrance 75RML ....................................... 78 Crimson Fire (Public Safety ... )-Crimson 75RMA ................................................ 78 Specification #07 -100' Mid Mounted Aerial Apparatus ................................................................ 79 Extruded Aluminum Body Steel Ladder Ferrara Fire Apparatus, Inc. -Igniter XD ............................................................ 84 Ferrara Fire Apparatus, Inc. -Spectr .................................................................. 84 Formed Aluminum Body Steel Ladder Kovatch Mobile Equip. Corp. (KME)-KME Predator AerialCat FL07100 .............. 85 Pierce Manufacturing, Inc. -Pierce Arrow XT HDL .............................................. 85 Formed Stainless Steel Body Aluminum Ladder Sutphen Corporation-Sutphen SL100 ............................................................... 86 Specification #08 -100' Rear Mounted Aerial Apparatus ............................................................... 87 Extruded Aluminum Body Aluminum Ladder Hall-Mark Fire Apparatus (E-ONE)-E-ONE HP lOOL ......................................... 92 Steel Ladder Crimson Fire (Public Safety ... )-Crimson lOORMA .............................................. 93 Ferrara Fire Apparatus, Inc. -Igniter XD ............................................................ 93 Ferrara Fire Apparatus, Inc. -Spectr .................................................................. 93 Rosen bauer South Dakota, LLC -Spartan Gladiator 100' ................................... 93 Formed Aluminum Body Aluminum Ladder Pierce Manufacturing, Inc. -Pierce Arrow XT HDL .............................................. 94 Steel Ladder American LaFrance, LLC -American LaFrance 100RMA ..................................... 95 Kovatch Mobile Equip. Corp. (KME)-KME Predator AerialCat FL08103 .............. 95 Pierce Manufacturing, Inc.-Pierce Arrow XT HDL .............................................. 95 Rosen bauer South Dakota, LLC -Spartan Gladitor 100' ..................................... 95 Formed Stainless Steel Body Aluminum Ladder Pierce Manufacturing, Inc. -Pierce Arrow XT HAL-SS ......................................... 96 Bid Award Announcement (11-1 0-1202) 3 Specification #08 -1 00' Rear Mounted Aerial Apparatus (continued) Formed Stainless Steel Body Steel Ladder American LaFrance, LLC -American LaFrance 1 OORMA ..................................... 97 Crimson Fire (Public Safety ... )-Crimson 100RMA .............................................. 97 Specification #09 -Mid Mounted Aerial Platform .......................................................................... 98 Extruded Aluminum Body Aluminum Ladder Hall-Mark Fire Apparatus (E-ONE)-E-ONE HP 95 MM .................................... 103 Steel Ladder Crimson Fire (Public Safety ... )-Crimson MM 100' ............................................ 104 Ferrara Fire Apparatus, Inc. -Igniter XD .......................................................... 104 Ferrara Fire Apparatus, Inc. -Spectr ................................................................ 104 Rosenbauer South Dakota, LLC -Spartan Gladiator ......................................... 104 Formed Aluminum Body Steel Ladder American LaFrance, LLC -American LaFrance lOOMMP ................................... 105 Kovatch Mobile Equip. Corp. (KME) -KME Predator Aerial Cat FL09100 ............ 105 Pierce Manufacturing, Inc.-Pierce Arrow XT Mid Mount. ................................. 105 Rosen bauer South Dakota, LLC -Spartan Gladitor ........................................... 105 Formed Stainless Steel Body Aluminum Ladder Sutphen Corporation-SPH100 ........................................................................ 106 Sutphen Corporation-SP110 ........................................................................... 106 Steel Ladder American LaFrance, LLC -American LaFrance 1 OOMMP ................................... 107 Crimson Fire (Public Safety ... ) -Crimson MM 100' ............................................ 107 Specification # 10 -Rear Mounted Aerial Platform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Extruded Aluminum Body Aluminum Ladder Hall-Mark Fire Apparatus (E-ONE)-E-ONE HP lOOP ....................................... 113 Steel Ladder Crimson Fire (Public Safety ... )-Crimson Star RM 100' ..................................... 114 Ferrara Fire Apparatus, Inc. -Igniter XD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Ferrara Fire Apparatus, Inc. -Spectr ................................................................ 114 Rosenbauer South Dakota, LLC-Spartan Gladiator ......................................... 114 Formed Aluminum Body Aluminum Ladder Pierce Manufacturing, Inc.-Pierce Arrow XT Rear Mount PAP .......................... 115 Steel Ladder American LaFrance, LLC -American LaFrance 100RMP ................................... 116 Kovatch Mobile Equip. Corp. (KME)-KME Predator AerialCat FL010102 .......... 116 Pierce Manufacturing, Inc.-Pierce Arrow XT Rear Mount PAP .......................... 116 Rosenbauer South Dakota, LLC-Spartan Gladitor ........................................... 116 Formed Stainless Steel Body Steel Ladder American LaFrance, LLC -American LaFrance lOORMP ................................... 117 Crimson Fire (Public Safety ... ) -Crimson Star RM 100' ..................................... 117 Bid Award Announcement (11-10-1202) 4 Specification # 11 -Medium Duty Rescue Apparatus -4x2 .......................................................... 118 Extruded Aluminum Body Freightliner M2-1 06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Crimson Fire (Public Safety ... )-Crimson Star MR ............................................ 121 Ferrara Fire Apparatus, Inc.-FFA 108 MDR Rescue ........................................ 121 Hall-Mark Fire Apparatus (E-ONE)-E-ONE REHN ........................................... 121 Rosenbauer South Dakota, LLC-FSA Rescue 11 ............................................. 121 Wheeled Coach Industries, Inc.-Rescue Force FLS11FTLNR. ........................... 121 International Durastar ............................................................................................. 122 Crimson Fire (Public Safety ... )-Crimson Star MR ............................................ 122 Ferrara Fire Apparatus, Inc.-FFA 108 MDR Rescue ........................................ 122 Hall-Mark Fire Apparatus (E-ONE)-E-ONE REHN ........................................... 122 Rosen bauer South Dakota, LLC -. FSA Rescue 11 ............................................. 122 Wheeled Coach Industries, Inc.-Rescue Force FLS11INTL ............................... 122 Formed Aluminum Body Freightliner M2-106 ................................................................................................. 123 American LaFrance, LLC -American LaFrance 16' W jAR ................................. 123 Kovatch Mobile Equip. Corp. (KME)-KME FL11MDR ....................................... 123 Pierce Manufacturing, Inc.-Pierce MDR .......................................................... 123 Rosenbauer South Dakota, LLC-FSA Rescue 11 ............................................. 123 Toyne, Inc. (Southeastern ... ) -Toyne Medium Rescue ....................................... 123 International Durastar ............................................................................................. 124 American LaFrance, LLC -American LaFrance 16' W jAR ................................. 124 Kovatch Mobile Equip. Corp. (KME) -KME FL11MDR ....................................... 124 Pierce Manufacturing, Inc.-Pierce MDR .......................................................... 124 Rosenbauer South Dakota, LLC-FSA Rescue 11 ............................................. 124 Sutphen Corporation -Sutphen CR Series Rescue ............................................ 124 Toyne, Inc. (Southeastern ... ) -Toyne Medium Rescue ....................................... 124 Specification #12-Heavy Rescue Apparatus ....................................................................... : ....... 125 Extruded Aluminum Body Crimson Fire (Public Safety ... ) -Crimson Star HR .................................................... 128 Ferrara Fire Apparatus, Inc. -Igniter XD XMFD ...................................................... 128 Ferrara Fire Apparatus, Inc.-Intruder MFDXL ........................................................ 128 Hall-Mark Fire Apparatus (E-ONE)-E-ONE REHN Typhoon .................................... 128 Rosenbauer South Dakota, LLC-Spartan Force ...................................................... 128 Formed Aluminum Body American LaFrance, LLC-American LaFrance 18' W /ACR. ...................................... 129 Kovatch Mobile Equip. Corp. (KME) -KME Predator FL12HDR. ................................ 129 Pierce Manufacturing, Inc.-Pierce Saber HDR ........................................................ 129 Rosenbauer South Dakota, LLC-Spartan Force ...................................................... 129 Sutphen Corporation-Sutphen R Series ................................................................. 129 Toyne, Inc. (Southeastern ... ) -Spartan Heavy Rescue ............................................... 129 Specification # 13 -2500 Gallon Mobile Water Supply Fire Apparatus -2 Door. ........................... 130 Extruded Aluminum Body Freightliner M2-1 06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Crimson Fire (Public Safety ... )-Crimson Star Tanker. ...................................... 134 Ferrara Fire Apparatus, Inc.-FFA T2500 Tanker ............................................. 134 Hall-Mark Fire Apparatus (E-ONE)-E-ONE TTSA ............................................ 134 International Workstar ............................................................................................. 135 Crimson Fire (Public Safety ... )-Crimson Star Tanker. ...................................... 135 Ferrara Fire Apparatus, Inc.-FFA T2500 Tanker ............................................. 135 Hall-Mark Fire Apparatus (E-ONE)-E-ONE TTSA ............................................ 135 Bid Award Announcement (11-1 0-1202) 5 Specification # 13 -2500 Gallon Mobile Water Supply Fire Apparatus -2 Door (continued) Formed Aluminum Body Freightliner M2-1 06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 American LaFrance, LLC -American LaFrance T I A Tanker ............................... 136 Kovatch Mobile Equip. Corp. (KME) -KME Flatback FL132500 ......................... 136 Pierce Manufacturing, Inc. -Pierce Contender Series ........................................ 136 Rosenbauer South Dakota, LLC-FSA Tanker 13 ............................................. 136 Toyne, Inc. (Southeastern ... )-Toyne FFCSA-2500 ............................................ 136 International Workstar ............................................................................................. 137 American LaFrance, LLC -American LaFrance T/A Tanker ............................... 137 Kovatch Mobile Equip. Corp. (KME)-KME Flatback FL132500 ......................... 137 Pierce Manufacturing, Inc.-Pierce Contender Series ........................................ 137 Rosenbauer South Dakota, LLC-FSA Tanker 13 ............................................. 137 Toyne, Inc. (Southeastern ... )-Toyne FFCSA-2500 ............................................ 137 Formed Galvanneal Steel Body Freightliner M2-1 06 ................................................................................................. 138 Kovatch Mobile Equip. Corp. (KME) -KME Flatback FL132500 ......................... 138 International Works tar ............................................................................................. 139 Kovatch Mobile Equip. Corp. (KME) -KME Flatback FL132500 ......................... 139 Formed Stainless Steel Body Freightliner M2-1 06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Crimson Fire (Public Safety ... )-Crimson Star Tanker. ...................................... 140 Kovatch Mobile Equip. Corp. (KME)-KME Flatback FL132500 ......................... 140 Toyne, Inc. (Southeastern ... )-Toyne FFCSA-2500 ............................................ 140 International Workstar............................................................................................. 141 Crimson Fire (Public Safety ... )-Crimson Star Tanker ....................................... 141 Kovatch Mobile Equip. Corp. (KME)-KME Flatback FL132500 ......................... 141 Sutphen Corporation-Sutphen CTS-2500 Tanker ........................................... 141 Toyne, Inc. (Southeastern ... )-Toyne FFCSA-2500 ............................................ 141 Specification #14-Wildland Fire Apparatus ............................................................................... 142 Ford F-550 ...................................................................................................................... 145 American LaFrance, LLC -Wildland Brush . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Ferrara Fire Apparatus, Inc.-Wildland Brush .................................................. 145 Hall-Mark Fire Apparatus (E-ONE)-Wildland .................................................. 145 Kovatch Mobile Equip. Corp. (KME)-KME WildlandFL14WFA .......................... 145 Pierce Manufacturing, Inc.-Pierce F550 Wildland ............................................ 145 Toyne, Inc. (Southeastern ... )-Wildland Brush ................................................. 145 Dodge Ram 5500 ............................................................................................................. 146 American LaFrance, LLC-Wildland Brush ....................................................... 146 Ferrara Fire Apparatus, Inc.-Wildland Brush .................................................. 146 Hall-Mark Fire Apparatus (E-ONE)-Wildland .................................................. 146 Kovatch Mobile Equip. Corp. (KME)-KME Wildland FL14WFA ......................... 146 International Durastar 4300M7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7 American LaFrance, LLC-Wildland Brush ....................................................... 147 Kovatch Mobile Equip. Corp. (KME)-KME Wildland FL14WFA ......................... 147 Toyne, Inc. (Southeastern ... )-Wildland Brush ................................................. 147 Specification # 15-Commercial Pumper-2 Door ........................................................................ 148 Extruded Aluminum Body Freightliner M2-1 06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Crimson Fire (Public Safety ... )-Crimson Star Pumper. ..................................... 151 Ferrara Fire Apparatus, Inc.-FFA RP751 Pumper. ........................................... 151 Hall-Mark Fire Apparatus (E-ONE)-E-ONE TDPM ........................................... 151 Rosenbauer South Dakota, LLC-FSA Pumper 13 ............................................ 151 Bid Award Announcement (11-10-1202) 6 Specification #15-Commercial Pumper-2 Door (continued) Extruded Aluminum Body International Durastar............................................................................................. 152 Crimson Fire (Public Safety ... )-Crimson Star Pumper ...................................... 152 Ferrara Fire Apparatus, Inc.-FFA RP751 Pumper ............................................ 152 Hall-Mark Fire Apparatus (E-ONE)-E-ONE TDPM ........................................... 152 Rosenbauer South Dakota, LLC-FSA Pumper 13 ............................................ 152 Sutphen Corporation-Sutephen C1 Pumper .................................................... 152 Formed Aluminum Body Freightliner M2-1 06 . .. . . .. . .. .. .. . .. .. .. . . .. . .. .. . .. . .. .. . .. . .. .. . .. .. . .. . .. .. . .. . .. .. . . . .. . . .. .. . .. .. .. . . . . . .. .. .. . 153 American LaFrance, LLC-American LaFrance S/M Pumper ............................. 153 Crimson Fire (Public Safety ... )-Crimson Star Pumper ...................................... 153 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL15COML .................... 153 Pierce Manufacturing, Inc. -Pierce Contender Series........................................ 153 Rosenbauer South Dakota, LLC-FSA Tanker 13 ............................................. 153 Toyne, Inc. (Southeastern ... )-Toyne FFCSA Pumper ........................................ 153 International Durastar ............................................................................................. 154 American LaFrance, LLC-American LaFrance S/M Pumper ............................. 154 Crimson Fire (Public Safety ... )-Crimson Star Pumper ...................................... 154 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL15COML .................... 154 Pierce Manufacturing, Inc.-Pierce Contender Series ........................................ 154 Rosenbauer South Dakota, LLC-FSA Tanker 13 ............................................. 154 Toyne, Inc. (Southeastern ... ) -Toyne FFCSA Pumper ........................................ 154 Formed Galvanneal Steel Body Freightliner M2-1 06 .. .. .. . .. . . .. . . .. . .. .. .. . . .. .. .. . . .. . .. .. . .. .. . .. .. .. . . .. .. . .. . .. .. . .. .. .. .. .. .. . .. . .. .. . .. . .. .. . 155 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL15COML.. .................. 155 International Works tar............................................................................................. 156 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL15COML .................... 156 Formed Stainless Steel Body Freightliner M2-106 ................................................................................................. 157 American LaFrance, LLC -American LaFrance S/M Pumper ............................. 157 Crimson Fire (Public Safety ... )-Crimson Star Pumper ...................................... 157 Hall-Mark Fire Apparatus (E-ONE)-E-ONE PSTS ............................................ 157 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL15COML .................... 157 Toyne, Inc. (Southeastern ... ) -Toyne FFCSA Pumper ........................................ 157 International Durastar ............................................................................................. 158 American LaFrance, LLC -American LaFrance S/M Pumper ............................. 158 Crimson Fire (Public Safety ... )-Crimson Star Pumper ...................................... 158 Hall-Mark Fire Apparatus (E-ONE)-E-ONE PSTS ............................................ 158 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL15COML .................... 158 Toyne, Inc. (Southeastern ... ) -Toyne FFCSA Pumper ........................................ 158 Specification # 16 -Level I Custom Pumper -4 Door .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. 159 Custom Chassis Extruded Aluminum Body ........................................................................................ 162 Hall-Mark Fire Apparatus (E-ONE)-E-ONE Typhoon Pumper .......................... 162 Sutphen Corporation-S-Series Custom ........................................................... 162 Formed Aluminum Body .......................................................................................... 163 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL16LVL1 ..................... 163 Pierce Manufacturing, Inc.-Pierce Saber Series ............................................... 163 Sutphen Corporation -S-Series Custom........................................................... 163 Formed Galvanneal Steel Body................................................................................. 164 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL16LVL1 ..................... 164 Pierce Manufacturing, Inc. -Pierce Velocity SL T Series .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 164 Bid Award Announcement (11-10-1202) 7 Specification #16-Level I Custom Pumper-4 Door (continued) Formed Stainless Steel Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Hall-Mark Fire Apparatus (E-ONE)-E-ONE TYPhoon Pumper .......................... 165 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FLl6LVL1 ..................... 165 Pierce Manufacturing, Inc.-Pierce Impel SS Series .......................................... 165 Spartan Chassis Extruded Aluminum Body ........................................................................................ 166 Crimson Fire (Public Safety ... )-Crimson Metro Star Pumper Ll ....................... 166 Rosen bauer South Dakota, LLC -Spartan Force 16.......................................... 166 Formed Aluminum Body .......................................................................................... 167 Crimson Fire (Public Safety ... )-Crimson Metro Star Pumper Ll ....................... 167 Rosenbauer South Dakota, LLC-Spartan Force 16 .......................................... 167 Toyne, Inc. (Southeastern ... )-Toyne Spartan Metro Star FFCSA ...................... 167 Formed Stainless Steel Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Crimson Fire (Public Safety ... )-Crimson Metro Star Pumper L1 ....................... 168 Toyne, Inc. (Southeastern ... )-Toyne Spartan Metro Star FFCSA ...................... 168 HME Chassis Extruded Aluminum Body ........................................................................................ 169 Ferrara Fire Apparatus, Inc. -Intruder ............................................................. 169 Formed Aluminum Body .......................................................................................... 170 Toyne, Inc. (Southeastern ... ) -Toyne 1871 W FFCSA ......................................... 170 Formed Stainless Steel Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 71 Toyne, Inc. (Southeastern ... )-Toyne 1871W FFCSA ......................................... 171 American LaFrance Chassis Formed Aluminum Body .......................................................................................... 172 American LaFrance, LLC -American LaFrance Custom S/M Pumper. ............... 172 Formed Stainless Steel Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 American LaFrance, LLC -American LaFrance Custom S/M Pumper. ............... 173 Specification # 17 -Level II Custom Pumper -4 Door .................................................................. 17 4 Custom Chassis Extruded Aluminum Body ........................................................................................ 178 Ferrara Fire Apparatus, Inc.-Igniter XD LFD ................................................... 178 Hall-Mark Fire Apparatus (E-ONE)-E-ONE Cyclone Pumper ........................... 178 Rosen bauer South Dakota, LLC -Commander FSA 17 ..................................... 178 Sutphen Corporation -Monarch Series Custom ................................................ 178 Formed Aluminum Body .......................................................................................... 179 Kovatch Mobile Equip. Corp. (KME) -KME Flatback FLl7LVL2 ........................ 179 Pierce Manufacturing, Inc. -Pierce Arrow Xf Series ......................................... 179 Rosen bauer South Dakota, LLC -Commander FSA 17 ..................................... 179 Formed Galvanneal Steel Body ................................................................................. 180 Kovatch Mobile Equip. Corp. (KME) -KME Flatback FL17LVL2 ........................ 180 Pierce Manufacturing, Inc.-Pierce Quantum Series ......................................... 180 Formed Stainless Steel Body .................................................................................... 181 Hall-Mark Fire Apparatus (E-ONE)-E-ONE Cyclone Pumper ........................... 181 Kovatch Mobile Equip. Corp. (KME)-KME Flatback FL17LVL2 ........................ 181 Pierce Manufacturing, Inc.-Pierce Velocity Series ............................................ 181 Spartan Chassis Extruded Aluminum Body ........................................................................................ 182 Crimson Fire (Public Safety ... )-Crimson Metro Star Pumper L2 ....................... 182 Rosenbauer South Dakota, LLC-Spartan Gladiator 17 .................................... 182 Formed Aluminum Body .......................................................................................... 183 Crimson Fire (Public Safety ... )-Crimson Metro Star Pumper L2 ....................... 183 Rosenbauer South Dakota, LLC-Spartan Gladiator 17 .................................... 183 Toyne, Inc. (Southeastern ... )-Toyne Spartan Gladiator. ................................... 183 Bid Award Announcement (11-10-1202) 8 Specification #16-Level I Custom Pumper-4 Door (continued) Spartan Chassis Formed Stainless Steel Body .................................................................................... 184 Crimson Fire (Public Safety ... )-Crimson Metro Star Pumper L2 ....................... 184 Toyne, Inc. (Southeastern ... )-Toyne Spartan Gladiator .................................... 184 HME Chassis Extruded Aluminum Body ........................................................................................ 185 Ferrara Fire Apparatus, Inc.-Spectr LFD ......................................................... 185 Formed Aluminum Body .......................................................................................... 186 Toyne, Inc. (Southeastern ... )-Toyne Spectr ..................................................... 186 Formed Stainless Steel Body .................................................................................... 187 Toyne, Inc. (Southeastern ... )-Toyne Spectr ..................................................... 187 American LaFrance Chassis Formed Aluminum Body .......................................................................................... 188 American LaFrance, LLC-American LaFrance Custom Rescue Pumper ............ 188 Formed Stainless Steel Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 American LaFrance, LLC-American LaFrance Custom Rescue Pumper. ........... 189 Mears Motor Leasing .. _ .................................................................. , .............................................. 190 Enterprise Fleet Management ..................................................................................................... 191 Bid Award Announcement (11-10-1202) 9 FLORIDA SHERIFFS ASSOCIATION DATE: TO: FROM: January 1, 2012 ALL PROSPECTIVE PARTICIPANTS Lynn Meek P. 0. Box 12519 • Tallahassee, FL 32317-2519 PHONE (850) 877-2165 • FAX (850) 878-8665 WEB SITE: www.flsheriffs.org Peggy Goff Steve Casey Executive Director Vehicle Bid Coordinator Vehicle Contract Manager RE: PARTICIPATING LAW ENFORCEMENT, FIRE/RESCUE & LOCAL GOVERNMENTAL AGENCIES OF THE STATE OF FLORIDA COOPERATIVE BID FOR FIRE/RESCUE VEHICLES & OTHER FLEET EQUIPMENT Bid No. 11-10-1202 We are pleased to announce that the Florida Fire Chiefs' Association, the Florida Sheriffs Association and the Florida Association of Counties has successfully conducted its tenth statewide competitive bid for fire & rescue vehicles. Bids will be extended and guaranteed to any and all units of local governments/political subdivisions including but not limited to county, local county board of public instruction, municipalities and other local public or public safety agencies or authorities within the State of Florida. In addition to the eligible users referenced above and with the consent of the successful bidder(s) purchases may be made under the terms and conditions of this contract by governmental entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. This contract is effective January 1, 2012 thru December 31, 2012. All interested parties who wish to purchase from this contract may do so by following these simple procedures: ORDERING INSTRUCTIONS I 1. Contact the awarded manufacturer I dealer (see page 29) listed which you wish to purchase and advise them of your interest to purchase from the Fire Rescue Vehicles & Other Fleet Equipment Bid No. 11-10-1202. They will assist you with the placement of your order and answer any questions you may have regarding the vehicles purchased through this program. IMPORTANT NOTE: All agencies ordering any FORD, GENERAL MOTORS, or CHRYSLER product, please be advised that you must use the appropriate FIN CODE/FAN CODE for the Florida Sheriffs Association in order to obtain the manufacturer's concessions. Also, you must Bid Award Announcement (11-10-1202) 10 use your FIN CODE/FAN CODE as a secondary number. For further assistance call the Fleet Customer Information Center for your appropriate manufacturer. Manufacturer FORD GENERAL MOTORS CHRYSLER Type Code FIN CODE FAN CODE FAN CODE FSACode QE065 917872 49313 Fleet Center Contact Numbers 1-800-34-FLEET ( 1-800-343-5338) 1-800-FLEET OP (1-800-353-3867) 1-800-999-FLEET ( 1-800-999-3533) 2. YOU MUST send a copy of the ORIGINAL PURCHASE ORDER (including FSA's Contract No. 11-10-1202) you submitted to the participating manufacturer to: Florida Sheriffs Association P. 0. Box 12519 Tallahassee, Florida 32317-2519 ATTN: Lynn Meek, Cooperative Bid Coordinator lmeek@flsheriffs. org 3. Basic information required on· all purchase orders is listed on Page 31 of this Bid Award Announcement. Purchase orders lacking the required basic information listed may result in the delay of placement and/or confirmation of orders. NOTE: Purchasers are reminded that the issuance of a Purchase Order does not in itself guarantee the placement of an order. The agency is responsible for obtaining a "Confirmation of Order" from the respective manufacturer. Manufacturers are required to complete a "Confirmation of Order" and send it to the purchaser within fourteen (14) calendar days after receipt of purchase order. Purchasers are encouraged to contact the dealer if a "Confirmation of Order" has not been received within a reasonable time frame and request its issuance. This program is designed to provide participating agencies with the most economically priced fire & rescue vehicles and other fleet equipment tailored to their specific needs, in a prompt and timely manner. The Florida Fire Chiefs' Association, the Florida Sheriffs Association and the Florida Association of Counties bid award for fire & rescue vehicles and other fleet equipment are as follows: OVERVIEW OF AWARDED SPECIFICATIONS Name of Manufacturer Type Vehicle SPECIFICATION #01-TYPE I AMBULANCE (4 x 2) Braun Industries, Inc. ETR, L.L.C. (AEV) Excellance, Inc. Hall-Mark Fire Apparatus, Inc. (Horton) Pierce Manufacturing, Inc. (Medtec) Ford XL T F -350 Ford XLT F-350 Ford XLT F-350 Ford XL T F -350 Ford XL T F -350 Bid Award Announcement (11-1 0-1202) Base Unit Price $ 117,190.00 $ 98,029.00 $ 133,038.00 $ 127,434.00 $ 97,987.00 11 Base Name of Manufacturer Type Vehicle Unit Price SPECIFICATION #01 -TYPE I AMBULANCE {4 x 2) (cont'd) Quality Emergency Vehicles Sales & Service, Inc. (Osage) Ford XL T F -350 $ 118,775.00 Road Rescue Emergency Vehicles Ford XL T F -350 $ 105,500.00 Stat-Line Industries (McCoy Miller) Ford XL T F -350 $ 95,700.00 Wheeled Coach Industries, Inc. Ford XL T F -350 $ 102,500.00 Braun Industries, Inc. Ford XL T F -450 $ 141,778.00 ETR, L.L.C. (AEV) Ford XLT F-450 $ 115,854.00 Excellance, Inc. Ford XL T F -450 $ 137,506.00 Hall-Mark Fire Apparatus, Inc. (Horton) Ford XL T F -450 $ 160,515.00 Pierce Manufacturing, Inc. (Medtec) Ford XLT F-450 $ 109,127.00 Quality Emergency Vehicles Sales & Service, Inc. (Osage) Ford XL T F -450 $ 114,775.00 Road Rescue Emergency Vehicles Ford XLT F-450 $ 132,500.00 Stat-Line Industries (McCoy Miller) Ford XL T F -350 $ 113,000.00 Wheeled Coach Industries, Inc. Ford XLT F-450 $ 114,368.00 ETR, L.L.C. (AEV) Ford XLT F-550 $ 119,593.00 Hall-Mark Fire Apparatus, Inc. (Horton) Ford XLT F-550 $ 162,429.00 Pierce Manufacturing, Inc. (Medtec) Ford XLT F-550 $ 111,665.00 Road Rescue Emergency Vehicles Ford XLT F-550 $ 135,500.00 Wheeled Coach Industries, Inc. Ford XLT F-550 $ 116,259.00 ETR, L.L.C. (AEV) Chevy Silverado 3500 HD $ 98,842.00 Excellance, Inc. Chevy Silverado 3500 HD $ 123,936.00 Pierce Manufacturing, Inc. (Medtec) Chevy Silverado 3500 HD $ 104,072.00 Road Rescue Emergency Vehicles Chevy Silverado 3500 HD $ 125,500.00 Stat-Line Industries (McCoy Miller) Chevy Silverado 3500 HD $ 98,892.00 Wheeled Coach Industries, Inc. Chevy Silverado 3500 HD $ 101,600.00 Braun Industries, Inc. Dodge Ram 3500 $ 123,631.00 Road Rescue Emergency Vehicles Dodge Ram 3500 $ 102,500.00 Stat-Line Industries (McCoy Miller) Dodge Ram 3500 $ 110,504.00 Wheeled Coach Industries, Inc. Dodge Ram 3500 $ 103,500.00 Braun Industries, Inc. Dodge Ram 4500 $ 144,891.00 ETR, L.L.C. (AEV) Dodge Ram 4500 $ 117,485.00 Excellance, Inc. Dodge Ram 4500 $ 142,928.00 Hall-Mark Fire Apparatus, Inc. (Horton) Dodge Ram 4500 $ 162,463.00 Pierce Manufacturing, Inc. (Medtec) Dodge Ram 4500 $ 112,991.00 Quality Emergency Vehicles Sales & Service, Inc. (Osage) Dodge Ram 4500 $ 122,775.00 Road Rescue Emergency Vehicles Dodge Ram 4500 $ 132,500.00 Stat-Line Industries (McCoy Miller) Dodge Ram 4500 $ 117,530.00 Wheeled Coach Industries, Inc. Dodge Ram 4500 $ 115,000.00 Bid Award Announcement (11-10-1202) 12 Base Name of Manufacturer Type Vehicle Unit Price SPECIFICATION #01-TYPE I AMBULANCE {4 x 2) (cont'd) ETR, L.L.C. (AEV) Dodge Ram 5500 $ 121,083.00 Hall-Mark Fire Apparatus, Inc. (Horton) Dodge Ram 5500 $ 165,885.00 Pierce Manufacturing, Inc. (Medtec) Dodge Ram 5500 $ 115,190.00 Road Rescue Emergency Vehicles Dodge Ram 5500 $ 133,900.00 Wheeled Coach Industries, Inc. Dodge Ram 5500 $ 116,450.00 SPECIFICATION #02 -TYPE I AMBULANCE, MEDIUM DUTY {4 x 2) Braun Industries, Inc. Ford F-650 $ 174,382.00 ETR, L.L.C. (AEV) Ford F-650 $ 146,448.00 Hall-Mark Fire Apparatus, Inc. (Horton) Ford F-650 $ 194,524.00 Pierce Manufacturing, Inc. (Medtec) Ford F-650 $ 156,641.00 Road Rescue Emergency Vehicles Ford F-650 $ 158,500.00 Wheeled Coach Industries, Inc. Ford F-650 $ 134,500.00 Braun Industries, Inc. Freightliner M2 $ 182,274.00 ETR, L.L.C. (AEV) Freightliner M2 $ 147,730.00 Excellance, Inc. Freightliner M2 $ 163,440.00 Hall-Mark Fire Apparatus, Inc. (Horton) Freightliner M2 $ 202,153.00 Pierce Manufacturing, Inc. (Medtec) Freightliner M2 $ 156,989.00 Road Rescue Emergency Vehicles Freightliner M2 $ 166,500.00 Wheeled Coach Industries, Inc. Freightliner M2 $ 139,500.00 Braun Industries, Inc. International TerraStar SFA $ 160,026.00 ETR, L.L.C. (AEV) International TerraStar SFA $ 132,549.00 Excellance, Inc. International TerraStar SFA $ 147,066.00 Hall-Mark Fire Apparatus, Inc. (Horton) International TerraStar SFA $ 183,094.00 Pierce Manufacturing, Inc. (Medtec) International TerraStar SFA $ 145,997.00 Quality Emergency Vehicles Sales & Service, Inc. (Osage) International TerraStar SFA $ 139,355.00 Road Rescue Emergency Vehicles International TerraStar SFA $ 148,500.00 Wheeled Coach Industries, Inc. International TerraStar SFA $ 128,500.00 Braun Industries, Inc. International Durastar 4300M7 $ 188,352.00 ETR, L.L.C. (AEV) International Durastar 4300M7 $ 149,885.00 Excellance, Inc. International Durastar 4300M7 $ 166,163.00 Hall-Mark Fire Apparatus, Inc. (Horton) International Durastar 4300M7 $ 199,992.00 Pierce Manufacturing, Inc. (Medtec) International Durastar 4300M7 $ 163,278.00 Quality Emergency Vehicles Sales & Service, Inc. (Osage) International Durastar 4300M7 $ 157,350.00 Road Rescue Emergency Vehicles International Durastar 4300M7 $ 163,500.00 Wheeled Coach Industries, Inc. International Durastar 4300M7 $ 148,500.00 Bid Award Announcement (11-10-1202] 13 Name of Manufacturer Type Vehicle SPECIFICATION #02-TYPE I AMBULANCE. MEDIUM DUTY (4 x 2) (cant' d) Braun Industries, Inc. International Durastar 4300LP ETR, L.L.C. (AEV) International Durastar 4300LP Excellance, Inc. International"Durastar 4300LP Hall-Mark Fire Apparatus, Inc. (Horton) International Durastar 4300LP Pierce Manufacturing, Inc. (Medtec) International Durastar 4300LP Quality Emergency Vehicles Sales & Service, Inc. (Osage) International Durastar 4300LP Road Rescue Emergency Vehicles International Durastar 4300LP Wheeled Coach Industries, Inc. International Durastar 4300LP Braun Industries, Inc. International Durastar 4400LP ETR, L.L.C. (AEV) International Durastar 4400LP Hall-Mark Fire Apparatus, Inc. (Horton) International Durastar 4400LP Pierce Manufacturing, Inc. (Medtec) International Durastar 4400LP Quality Emergency Vehicles Sales & Service, Inc. (Osage) International Durastar 4400LP Road Rescue Emergency Vehicles International Durastar 4400LP Wheeled Coach Industries, Inc. International Durastar 4400LP Braun Industries, Inc. Spartan Metro Star RT ETR, L.L.C. (AEV) Spartan Metro Star RT Hall-Mark Fire Apparatus, Inc. (Horton) Spartan Metro Star RT Road Rescue Emergency Vehicles Spartan Metro Star RT Wheeled Coach Industries, Inc. Spartan Metro Star RT SPECIFICATION #03 -TYPE II AMBULANCE. VAN (4 x 2) ETR, L.L.C. (AEV) Ford E-350 Pierce Manufacturing, Inc. (Medtec) Ford E-350 Quality Emergency Vehicles Sales & Service, Inc. (Osage) Ford E-350 Road Rescue Emergency Vehicles Ford E-350 Stat-Line Industries (McCoy Miller) Ford E-350 Wheeled Coach Industries, Inc. Ford E-350 ETR, L.L.C. (AEV) Sprinter Road Rescue Emergency Vehicles Sprinter Stat-Line Industries (McCoy Miller) Sprinter Wheeled Coach Industries, Inc. Sprinter SPECIFICATION #04-TYPE III AMBULANCE (4 x 2) Base Unit Price $ 189,086.00 $ 158,751.00 $ 170,091.00 $ 201,260.00 $ 167,828.00 $ 160,945.00 $ 171,500.00 $ 152,500.00 $ 195,902.00 $ 159,934.00 $ 202,732.00 $ 173,284.00 $ 166,990.00 $ 172,500.00 $ 158,350.00 $ 269,628.00 $ 236,464.00 $ 290,375.00 $ 245,500.00 $ 233,320.00 $ 55,741.00 $ 53,435.00 $ 64,230.00 $ 59,500.00 $ 59,990.00 $ 56,532.00 $ 72,571.00 $ 78,500.00 $ 82,500.00 $ 76,000.00 Braun Industries, Inc. Ford XL E-350 '$ 97,306.00 ETR, L.L.C. (AEV) Ford XL E-350 $ 85,198.00 Excellance, Inc. Ford XL E-350 $ 108,758.00 Bid Award Announcement {11-1 0-1202) 14 ~ FAa FLORIDA ASSOCIATION OF COUNTIES -All About Florida FLORIDA FIRE CHIEFS' ASSOCIATION, FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2012 INTERNATIONAL DURASTAR 4300LP Specification #02 (Type I Ambulance, 4x2 Medium Duty) The International Durastar 4300LP, Type I Medium Duty Ambulance purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification. · BASE PRICE: $189,086.00 MANUFACTURER: Braun Industries, Inc. BASE PRICE: $170,091.00 MANUFACTURER: Excellance, Inc. BASE PRICE: $167,828.00 MANUFACTURER: Pierce Manufacturing, Inc. (Medtec) BASE PRICE: $171,500.00 MANUFACTURER: Road Rescue Emergency Vehicles $158,751.00 ETR, L.L.C. (AEV) $201,260.00 Hall-Mark Fire Apparatus (Horton) $160,945.00 Quality Emergency Vehicles (Osage) $152,500.00 Wheeled Coach Industries, Inc. Purchasers are advised that the above referenced vehicle specification comes equipped as a base unit only. The Florida Fire Chiefs' Association, Florida Sheriffs Association and Florida Association of Counties have identified and equipped the base unit with those specifications and equipment items required to meet KKK-A-l822F, or the most current revision for Type I Ambulance. Since equipment needs and preferences are going to vary from agency to agency -any additional options required or changes to the base unit desired by the purchaser shall be made through the manufacturer listed. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate vendor. Bid Award Announcement (11-1 0-1202) 47 SALES ORGANIZATION: LESSEE: TYPE OF EQUIPMENT: EQUIPMENT COST: CUSTOMER DOWNPAYMENT: TRADE-IN: DELIVERY TIME: PAYMENT MODE: FIRST PAYMENT DUE DATE: LEASE COMMENCEMENT DATE: Ten-8-Cindy City of Palm Beach Gardens 2 Braun Ambulances November 15, 2012 $ 561,964.00 after trade in of $53,000.00 $0.00 $0.00 std Annual In Arrears DOCUMENTATION/CLOSING COSTS: 1 Year After Lease Commencement Upon contract signing with Pierce $0 Number of :, i "',> ''~\i Balloon Amount Due with Term Payments ... · 'Payment Amount Last Payment 5 years 5 annual $ 113,551.94 $40,000.00 The above listed payment(s) reflect program discounts available exclusively through Oshkosh Capital. 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 payments made directly to Pierce Manufacturing or financed by Oshkosh Capital as part of the transaction. TYPE OF FINANCING: Tax-exempt Lease Purchase Agreement with a $1.00 buy out option at end of lease term. Said agreement shall be a net lease arrangement whereby lessee is responsible for all costs of operation, maintenance, insurance, and taxes. Maximum Mileage at the End of the Lease Term: 90,000 miles per unit BANK QUALIFICATION: This proposal assumes that the lessee will not be issuing more than $10 million in tax-exempt debt this calendar year. Furthermore, it is assumed that the lessee will designate this issue as a qualified tax-exempt obligation 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 agreement and shall designate the individual(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 Internal Revenue Code 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 for fourteen (14) days from the above date and is subject to final credit approval by Oshkosh Capital and approval of the lease documents in Oshkosh Capital's sole discretion. To render a credit decision, lessee shall provide Oshkosh Capital with their most recent two years' audited financial statements, copy of their most recent interim financial statement, and current budget. Accepted by: Lessee Date Prnnn<:<>l <:11hmittprl hv· ~~ Kim Simon Kim.Simon@oshkoshcapital.com 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. D OSHKOSH CAPITAL' Oshkosh Capital I LocB3-B230-05-071155 East Broad St I Columbus, OH 432151 Ph: (800) 820-9041, ext. 11 Fax: (800) 678-0602 QUOTATION Palm Beach Gardens Keith Bryer Ten-8 Fire Equipment Cindy Morgan 10500 North Military Trail Palm Beach Gardens, FL 33410 561-799-4100 2904 59th Avenue Drive East Bradenton, FL 34203 00-01-0003 10056-0004 == Super Chief 2012 Base Type 1/ 170" Mod -12.800 S SPECIAL PRICING Special Pricing Request .. ·•' 00-01-0026 XS FSA CONTRACT 00-02-0121 00-02-0121 10-02-0013 15-00-0001 15-00-0052 This order does specify"'an FSA contract TYPE I c AMBULANCE-SUP~R CHIEF,.I :·73'',:1NTERIOR HEADROOM 2012 SUPER CHIEF I -170" MODULE U CUSTOM TYPE I -AMBULANCE -SUPER CHIEF I -]~S' INTERIOR HEADROOM ,ft DOOR FORWD CUSTOM MODULE 2012 SUPER CHIEF I -170" MODULE w/ 74.5" Interior headroom and move door forward . •i:; .. !. ~.: < CHASSIS PACKAGES CHASSIS-INTERNATIONAL 4300 SBA LP 175" WB-4x2 DRW ;2013 S CUSTOM CHASSIS REQUIREMENTS ,, SPECIAL CHASSIS QUOTED: "-!., Custom International Durastar (LP4300) chassis per attached customer chassis specifiCations: 169" wheeloase::-11' 102" CA with 5" cab gap for exhaust. 22.5" polished aluminum wheels (4). ' Bright hat, hub, and lug nut covers. 12" extended froni:. <bumper with dHimondcplated top and corner' :fill areas-Re-inforce the center area for "Q' siren mounting . . Vertical exhaust -passenger side. , _ 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 (reference #30-10-0023) Additional Key Fob Remfher (Reference #40-10-0161) S AIR HORNS -GROVER DUAL ON THE FENDERS -INCLUDED WITH CHASSIS Air Horn -(Grover) dual trumpets, one (1 ), mounted on each chassis fender. Plumb to chassis air tank. MList.specify switching. · Included with chassis 1 .1 11/15/2012 Page 2 PART NO S DESCRIPTION QTY 15-00-0061 15-00-0076 15-00-0126 15-SP-0001 20-00-0101 20-10-0101 20-10-0210 20-10-0210 20-10-0402 20-10-0404 20-10-0603 20,20-0122 20-20-0281 20-20-0291 S 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 S EXTENDED FRONT BUMPER -INCLUDED WITH CHASSIS Extended front bumper shall be ordered with the chassis. The length to be determined at the pre-construction meeting. Included with chassis S CHASSIS PAINT -OPTIONAL PAINT COLOR Lime Green (Pierce# 304) 5J39 chassis paint ordered OEM, per graphic layout. FLNA 60182. Included with chassis S 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 XU BATIERY-FourBattery SYSTEM c PULL OUT STORAGE TRAY Chassis shall be equipped with three (3) 12v OEM maintenance free batteries in a battery storage tray located in the driver side step area. Tray secured with a locking chrome Eberhart handle IPOS, per dwg. # 3. (Miami style). U Battery, Additional, Match OEM Odyssey Model 31-PC2150 U CONDENSER AUXILIARY-LOW ~ROFILE MODULE FACE An Hoseline low profile auxiliary condenser painted to match the module shall be installed on the upper face of the module· IPOS;·1 per dwg. # 1. ','it SECONDARY COMPRESSOR S ENGINE BLOCK HEATER-OEM PLUG Delete the engine block heater)do not hook up. S FLOOR CONSOLE -CUSTOM ANGLED FRONT -ALUMINUM Custom designed aluminum cab floor console to purchaser specifications shall be provided and installed. Attached pdf dwg. for design reference only. SECURITY SYSTEM /ANTI THEFT-IGNITION OVER RIDE Install Sound Off Ignition security system. (ignition over ride) S LIGHT, DOME WELDON 8080 RED/CLEAR 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 20-30-0401 20-30-0801 20-30-0801 20-40-0208 20-SP-0001 30-06-0002 30-06-0010 30-06-0015 30-06-0026 30-06-0050 30-06-0076 30-06-0101 30-06-0126 30-06-0150 30-06-0175 30-06-0200 30-06-0225 30-06-0250 30-06-0275 30-06-0285 30-06-0300 30-06-0325 30-06-0350 30-06-0375 LIGHTS FOG, PIAA-2110, Clear Lens, Xtreme White One (1) pair of PIAA-2110 amber fog lights with clear lens shall be mounted on the top of the front bumper extension IATS, per dwg. # 1. ' "' i, I ' MIRRORS, EXTERIOR 7"X15" POWER/HEATED U 1JIRE"PRESSURE MONITOR-CAT EYE (NFPA COMPLIANT) Install a NFPA compliant Cat's Eye tire pressure monitor with Stainless steel hoses. ''(mustcheck tire PSI to select correct Cat Eye Model) ' 'I U EXTERIOR CAB STEPS-NFPA DIAMOND PLATE (NFPA COMPLIANT) Standard NFPA compliant diamond plate cab steps. S EXTERIOR CAB STEPS-NFPA DIAMOND PLATE-INTERMEDIATE (2) Two (2) diamond plate grip strut infermediate steps shall be installed,· one (1) each cab step · cover IATS, per dwg. # 3 & # 4. "·. ·::,.: :Y::: :;.;:: ;::t:~::: I ::::~~r;-:-~ :l~~~;~ I"· I Additional steps included with #20-10-0210 ',p_,· OEM WHEELS-WITH VALVE STEM EXTEf'lSIO~S .. Delete the Stainless Steel Wheel liners, Keep Valve Extensions and OEM wheels . ,11 'j .•. :~·:f-~ ; S CHASSIS CONVERSION-FEDERAL Q2B MECHANICAL SIREN-FRONT BUMPER A Federal Q2B-NN mechanical siren shall be mounted in an re-inforced center section of the front bumper IATS, per dwg. # 1 ELECTRICAL SYSTEM -WELDON V-MUX, MICRO PROCESSOR BASED VISTA IV MCC-PUSH BUTION VISTA IV ACP -PUSH BUTION WARNING DISPLAY-MULTIPLEX ELECTRICAL'SYSTEM•· DAYTIME RUNNING LAMPS-MULTIPLEX ELECTRICAL SYSTEM MASTER CONTROL CONSOLE (MCC) -MULTIPLEX ELECTRICAL SYSTEM ATIENDANT CONTROL PANEL (ACP) -MULTIPLEX ELECTRICAL ELECTRICAL COMPA"RTM~NT (PDQ)-MULTIPL~X ELECTRICAL SYSTEM SPARE CIRCUIT-MULTIPLEX ELECTRICAL SYSTEM WIRING HARNESS CONNECTORS -MULTIPLEX ELECTRICAL SYSTEM RADIO TIE-IN POINTS-MULTIPLEX ELECTRICAL SYSTEM EMERGENCY MASTER SWITCH :'MULTIPLEX ELECTRICAL SYSTEM, CONTROL PANEL SWITCHES-MULTIPLEX ELECTRICAL SYSTEM . MODULE POWER SWITCH -MULTIPLEX·ELECTRICAL SYSTEM MODULE DISCONNECT -MULTIPLEX ELECTRICAL SYSTEM VOLTMETER -MULTIPLEX ELECTRICAL SYSTEM S FLASHER-MULTIPLEX ELECTRICAL SYSTEM-PROGRAM SET ,Warning lights programmed to #1 & #2 sequence pattern per #1, 2, 3, & 4 dwg notations. All lights to Triple Flash or Comet flash.at75 fps. FLASHING HEADLIGHTS 7 MULTIPLEX ELECTRICA~ SYSTEM S PARK OVERRIDE-MULTIPLEX ELECTRICAL SYSTEM A park override switch, located on the'' n1aster 'control console screen; shall reactivate all lights disabled when the transmission is placed in the neutral/park position. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -~~~----------------------,-----------------------~ 30-06-0400 30-06-0425 30-06-0450 30-06-0475 30-06-0500 30-06-0525 30-06-0550 30-06-0575 30-10-0023 30-10-0023 30-10-0030 30-10-0040 30-10-0071 30-10-0163 30-10-0190 30-10-0262 30-10-0290 30-10-0310 The front lightbar forward facing white lights and the RotoRay lig~t will turn off in park. c LOAD MANAGER-SEQUENTIAL SWITCHING SYSTEM-MULTIPLEX ELECTRIC ·WARNING LIGHTS SWITCH-MULTIPLEX·ELEC-TRICALSYSTEM FRONT CLEAR DISABLE SWITCH -MULTIPLEX ELECTRICAL SYSTEM ,, <;CURBSIDE SCENE LIGHTS "ON" WITH CURBSIDE DOOR -'MULTIPLEX EL '~· · REAR SCENE LIGHTS "ON" WITH REAR DOORS OPEN-MULTIPLEX ELEC . DISABLESWI~CH FOR REAR SCENE LIGHTS -MULTIPLEX ELECTRICAL DISABLE SWITCH FOR SIDE SCENE LIGHTS-MULTIPLEX ELECTRICAL REVERSE (TRANSMISSION) FUNCTIONS'i;MULtlp~~X ELECTRICAL S AIR HORNS -GROVER DUAL TRUMPETS ON FENDERS W/LANYARD, OEM A Grover air horn system with dual trU~p~fs; one (1) 12" and one (1) ,15" niounted on cab fenders. The compressor shall be installed in OSS #2. The air horns shall be activated by a by a lanyard cable installed in the OEM cab headliner area and the OEM horri ring. Included with chassis Grover air horns OEM U Foot Switches, Driver's and Passenger Side Both for the Federal Siren ac'tivation. U BACKUP ALARM (NFPA COMPLIANT) An (OSHA approved) NFPA compliant back up alarm WITHOUT disabling switching shall be provided and .instatled. The disable switch shall be located on the MCC (master control console). U ALARM~ .AUDIBLE FOR OPEN DOOR (NFPA COM~UANT) _ ~ A NFPA compliant audible alarm to sound when any chassis, module passage, or outside compartment door is op(m and vehiCle tt~nsmission is not in the "park" position IATS: CAMERA REAR VIEW-SINGLE SYSTEM-VISTA SCREEN Install camera system rear view, tied toM-Tech display screen. See Dwg #2 CONDUIT, PVC FLEXIBLE w/ FISH/PULL WIRE & WALL COVER-PDQ TO CAB 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. GROUND FAULT CIRCUIT INTERRUPTER(GFCI) INVERTER, VANNER-1050 WATT, #20-1050CUL-DC CHARGER Vanrier< 20~1 050CUL 1 050-DC wat:fii illveite"'f,~with -battery conditioner I charger, w I remote switch -non-hardwired shall be installed in OSS #2 S LIGHT, ATTENDANT CONTROL PANEL AREA-TECHNIQ LED A red/wht TechniC! 'LED' light, with integral switch, shiill: be mounted below the attendant control paneliATS, per dwg. # 5. LIGHT, ELECTRICAL COMPARTMENT (PDQ) 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. . ~· --~ .. - 11/15/2012 Page 5 PART NO S DESCRIPTION QTY 30-10-0412 S LIGHT OSS COMPARTMENT-LED ROPE (6) COMPARTMENTS 'Each outside storage cornpaitrrienf'shall oe equipped with ~ED, rop~·lightingwhic:h shall be located across the top and down both sides of the door opening, IPOS. This includes all 6 OSS compartments. 30-10-0432 U LIGHT, STEPWELL-CURBSIDE;DQORW~Y.:.MINILEOSURFACE MOIJNT (1) Light, stepwell-side doorway, Whelen Mini-LED. See Dwg #7 (1 ). <..;_-. :;<~:· :? ·"j;;·· 30-10-0436 S LIGHT INTERIOR OF REAR FACING PASSAGE DOORS, -WHELEN M4 AMBER LED (3) 30-10-0450 30-10-0461 30-10-0476 · ·:<Three (3) Whelen M4 (horizontal mount) amber LED lights'sha~l,be installed, one (1) each .ori .''.; the rear door interior panels IATS, per dwg. #8 The lights will be located in the lower-outer corners, 'with doors'in the opened position. The lights sh~llJlash.with each individual door opening(s). S LIGHT, STREAMLIGHT-VULCAN FLASH LIGHT AND 12V CHARGER BASE (2) .Two (2) Vulcan stream lightrecha~geable. fla~hlights and 12 VDC charger bases s~~ll}be •·. installed,one (1) each in out side storage compartment # 2 & # 3, per dwg. # 3 locations. Mount each closer to the doo'ropening, outboard;. ·· ''',··'· .: 'i· LIGHT, SPOTLIGHT-HAND~HELD-OPTRONICS' BLUE EYE·- 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 (oose with the completed ambulance. LIGHTS, DOME LED (8) Whelen 1 Eight (8) Whelen #LED (80COEH(R) dome lights, shall be installed IPOS. See dwg #9 ·· 30-10-0498 U LIGHTS, FLUORESCENT (3)CEILING 20'' .. Three (3) 20-inch ceiling mounted fluorescent lights shall be provided in the patient compartment, per dwg. #:9. The>lightsshalt6perated tf()m individual and attendant.control panel switches. 30-10-0534 XS;"OUTLETS, 125VAC-FOUR (4) INTERIOR DUPLEX 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 b'ehch see:dwg#6 .-. 30-10-0543 S OUTLETS, 12VDC c TWO (2) INTERIORPOWERPOINT;~,. 30-10-0657 1. Relocate one (1) standard 12v outlet from bottom of ACP to forward end of primary action ·areawall, perawg. #5: · 2. Relocate one (1) standard 12v outlet from deleted lower front wall cabinet to the,i'earward 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. ·· . S RADIO ANTENNA BASES-TWO (2) Run from (1) center ceriter,ofmodule roof.to behind driver's seat in the cab 2 30-10-0673 30-10-0722 30-10-0723 30-10-0753 RADIO TIE-IN POINT-(2) 12V One (1 )set of 12 volt radio ·ti~~inp6ints shaH b~ installed in the cab console.area ()f the unit. The set shall include one (1) Battery Hot, one (1) Ignition Hot, and one (1) "Grounded" junction stud. ' (1) set of 12 volt •tadib:itie~in points shall be il'!st~ll~d .in the patient cornpartl'iieht attendant control panel area of the unit. The set shall include one (1) Battery Hot, one (1) ' Ignition Hot, and one (1) GroiJn~dedjlinction st.ud ··· S RECEPTACLE SHORELINE INlET-SUPER 20 AMP,··Alfro EJECT YELLOW COVER Install Kussmaul 20 AMP auto eject with yellow cover shall be installed in an angled panel on the left front of the modu\e'IPOS, perdwg:·#J;'f(Pfovidespowerto 125voutlets'anp'bahery charger). -:"d.. :_;i\:.::-'::1' U PREWIRE, 12V POWER & GROUND (2)-PORTABLE CHARGING EQUIPMENT Two (i) 12v power·.and;;gri:>l1nd leads for purchaseralipplied installed portable.charging equipment shall be provided and installed, one (1) each in the cab console area and one (1) each in the primary·acti§li':area,fadjo close-out IATS: .;:· S SIREN, Federal Signal, PA300-012MSC, 200 Watt siren in overhead cubby hole toea tea ·in the center forward pOrtion oLthe hea(ltioer. 30-10-0800. '· S.~:,SIREN SPEAKERS, CAST PRODUGTS 2 1N FROI\ITBUMPER Relocate per #1 dwg. I'•, ,' 30-10-0901 SYSTEM ACTIVE AND CHECK OUT LIGHTS -5 MINUTES 30-25-0102 LIGHTS, ICC I LED CLEARANCE-WITH CHROME BEZELS ON MODULE SIDE · ''.d,''l:i[:Theveliicle shall have two (2y~'!;eq s'ufface mounted tEo dearance 1 ICC lights with chrome;;': bezels : one (1) red on each side at the rear of the vehicle which will also function with the turn'sigilals~Per'Dvig #3 and #,4 . 30-25-0103 LIGHTS, ICC:/ LED' CLEAR.AN(E {WITH CHROME BEZELS ON MODLILE FRONT. ·.:· The vehicle shall have five (5) amber surface mounted LED clearance I ICC lights with chrome bezels oh the front of the rnpdule near the roof line. 30-25-0104 , 1 LIGHTS, ICC I LEDCLEARANC.~:.wlfH(HROME BEZELS ON.MODULE REAR· The vehicle shall have five (5) red surface mounted LED clearance I ICC lights with chrome . bezels· on the fear of the module near the roofline}5'i:. 30-25-0306 i.J LIGHTS, UNDERBODY FOUR (4)WELI)ON~4.: LED (NFPA(;OM~,UANT) There shall be four (4) NFPA compliant Weldon 4" round LED white lights mounted on brackets underneath the}TI.odu[e .• The. lights shall turn ori automatically' .when theiVehide ,is.s~ifted into park. The lights may also be activated or disabled by a switch on the MCC Vista display .screen labeled "Underbody Light~·\~:~' Must install Weldon underbody lights 30-25-3107 S LIGHTS, FRONTGRILLE-(2) WHELEN M9 SljPER LED; REQ w/CLEAR LENS , Two (2) Whelen M9 red super LED warn.ing lights, with clear lenses and waterproof connectors 30-25-4101 30-25-4105 U LIGHT, FRONT LIGHT BA~h~;;FEOER,AL:AERODYNIC -CAB ROOF A Federal Aerodynic ADX7205 72" light bar shall be installed on the cab roof LED's expect center is dear c:md tenses to be-Clear, . · · "'· per dwg. # 1. S LIGHTS,' FRONT MQDULE WARNING -WHELEN (2) M9 RED!I"~f:>::if!/CLEAR LENS Two (2) Whelen M9 red super LED warning Lights with clear tenses and chrome bezels shall be installed on the module -front outer corners IPOS, perdwg.~l'/·1 :'iThe lights shall operatelrom a switch on the master control console labeled "Flashers". (Deletes the standard 700 clear ···center halogen light):i'e ~, -' 30-26-3010 LIGHTS, REAR TAIL-WHELEN M9 LED STOP, TURN, & BACK-UP 1 ~~:!I,itOne (1Jpair .each of Whelen M9 series LED stop/t~il lignt~J'~,tur(l lights, and back~up'·lights with chrome flanges shall be installed on the rear of the module. IPOS, per dwg. # 2. 30-26-5013 S LIGHTS, REAR WINDOW-LEVEL-WHELEN (4) M9 SUPER LED-AMBER w/ CLEAR LENS Four (4) Wheleh-M9 series super LED amber warning llghts''with dear lens and c;hfofrlebezels shall be installed on the rear of the module, in a stacked configuration, at window level, two (2) each module side IATS, perawg. #2configuratiori. · · "X" Flash pattern. 30-26-6010 ;!i~~~~LIGHf,BAR, REAR-FEDERAl22" ADX22001 (2) MODUL,E ~fAR BRACKETS Two (2) Federal ADX22001 22" light bars shall be installed on the upper module rear IPOS, per •i • I dwg. # 2. Lighf1bars shall be operated from switches on<the master control console labeled "Rear L T Bar". ·•· (8) Red LED's (4 upper and 4,l6wer), all lenses dear.: 30-26-6011 U LIGHT, REAR LOAD -WHELEN M-9 LED -REAR MODULE REAR (1) 30-27-1109 30-27-2011 30-27-3008 ; ·--:J;]/:'.AWhelen M-.9 LED load light•in'chrome bezel shall be 1n~falled,'centered between the.two (2) rear module light bars dwg. # 2. S LIGHTS, INTERSECTION FRONT· WHELEN M7 SUPER LED-RED w/ CLEAR LENS Install Whelen M7 red super:~.LED ih1:ersectioh lights with dear lens and chrome flange IPOSi per dwg. # 3 & # 4. : '!',::·,J:.:,:,~;.,:~:·:.;·,.j~~ ~T '~0 S LIGHTS, SIDE MODULE SCENE· WHELEN M9-CLEAR (4) Four'(4)-wheMn M9 seriest~D, scene tights with chrome flanges shalt be installed IPOS (27114· -M9LZC), per# 3 & # 4 dwg: dimensions. S LIGHTS, SIDE MODULE WARNING ·WHELEN M9 SUPER LED-RED w/ CLEAR LENS Four (4) Wheleh:M9seriesred super' LED warning Lights with clear lenses and chrqme flanges shall be installed IPOS, dwg. # 3 & # 4 spacing dimensions. ' ' ' .. ·~ :" . 30-27-4114 30-SP-0001 30-SP-0002 30-SP-0003 30-SP-0004 30-SP-0007 38-01-0002 39-00-0001 39-10-0003 40-00-0002 40-00·0010 40-00-0019 M7 CLEAR Install Whelen M?)\mber Super LED rear intersectio.n ·tights With clear lens and chrome flange IATS, per dwg~ # 3 & # 4locations. · .;; 0-i."·~:·,;: '" U LIGHTS, SIDE TURN • WHELEN M6T AMBER LED (2) ',Two (2) Whelen M6T LED arryberturn indicators in chromejbezels and water-proof connectors,· shall be installed above the rear wheel wells, one (1) on each side IATS, per dwg #3 & #4. U LIGHT, FRONT BROW-WHELEN PIONEER PFP1 Pioneer Plus Acab roof mounted Whelen Pioneer Model PFP1!Ptcineer~Pl.~s 1Zv LED brow lightshalLb¢ installed on the front of the cab roof IATS, per dwg. # 1. · S LIGHT, WARNING -ROTO RAY A Roto Ray warning light shall be installed on the 12" frontextended bumper IATS; , . per dwg. # 1. (R/R/W). S ELECTRICAL QUARTERS (PDQ) DOOR';~RELOCATED Relocate the PDQ door to open at the partition area IPOS, per dwg. # 5. S CABINET, BEHIND ATTENDANT SEAT· MISC. ELECTRICAL A cabinet for purchaser supplied/installed Engle .r~frigerator 16.5" H x 13" W x 20" ·D. below the main electrical cabinet in the partition area IATS, per dwg 5. The cabinet shall-be open,with no door. U AC UNIT, DOMETICPENGUIN~:!:ROOF MOUNTED 110V w/ COVER A Dometic Penquin 110v air conditioner w/ diamond plate protective cover shall be installed on the top of the moaule IATS, per dwg~· #J, 3, 4, ·a·9. The system shalt be powered via a dedicated 20 amp Kussmaul auto-eject shoreline with blue cover, installed on an angled panel of streetside front of tl"l'e'module IATSIIPOSfper: dwg. # 3. >>No electronic panel. Only knobs on the unit itself<<: Cool only, no heat. S CUSTOMER SUPPLIED RADIOS TWO (2) Two (2) Customer suppli~d ''raCiios heads arid conhol .• cables installed, one (1) each in cab console and one (1) each in primary action area radio close-out IATS, per attached. · · · ·· · 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. 1 1 40-00-0030 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 40-01-0706 40-01-0708 40-02-0705 40-03-0710 40-04-0701 DOOR CONSTRUCTION -GASKET PLACEMENT EXTERIOR COMPARTMENTS DESIGN , EXTERIOR COMPARTMENTS, VENTING -ADDITIONAL EXTERIOR COMPARTMENTS, VENTINC ;"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;sideofexhaust system) shall be sprayed with ZTECH under seal for reduced corrosion. COATING, CERAMIC THERMAL Spray interior of module roof with Temp-coqt ceramic coating, after insulating. IATS THRESHOLD, STAINLESS STEEL-EXTERIOR STORAGE COMPARTMENT OUTSIDE STORAGE #1 -STREETSIDE FORWARD-OXYGEN STORAGE Oxygen Location -Locate cylinder 'in O?Sf#1,. includes necessary 02 sys~erri and OSS #1 compartment changes. !J, 'I; :11,, U OUTSIDE STORAGE #1-02 CYL. STORAGE WITH ZICO LIFT FOR "M" TANK The #1 outside storage compartment sha~l have stat)dard ·dear opening of 75:50"h X 17.75"w with inside dimensions of 76.50"h x 21.75"w x 13.50"d IPOS, per dwg. # 3. The compartment shall be equipped with a hydraulic Zico Oxygen tank lift for a "M" tank. S OUTSIDE STORAGE #2-STREETSIDE CENTER-NO SHELF-TOOL SLIDEOUT Delete shelf from OSS #2. Shall have recohfi~i(ired dimensions of 41.25'' high x 35.25" wide clear door opening with double doors and shall have 44.50" high x 40.75" wide x 21.75" deep interior dimension IPOS, per dwg. # 3. A SCBA wall plate on the back wall and a right side slide out tool board shall be installed. For Scott Next Generation II bottles -KD-ULLH with appropriate sized spring clips per the ',:,;bottle si:ze mounted. ' S OUTSIDE STORAGE #3-STREETSIDE REAR NO SHELF & DOUBLE DOOR w/ SCBA SLIDE OUT #3 (street side rear compartment) shall be reconfigured tO a 41.25" high X 38~50" Wide clear door opening with 44.50" high x 42.50" wide x 21.75" deep interior dimensions IPOS, per dwg. # 3. This comp'artment shall have no' inside/outside access and no shelf. The compartment shall be equipped with a fixed center divider on a slide-out tray with two (2) brackets. The COmpartment shall have double doorS helg,,open •With spring loaded gas shocks-and secured with two (2) chrome Eberhart handles. A. locking handle shall be installed on the forward door. For Scott Next Generation II :bottles -KD~ULLH with appropriate sized spring clips per the bottle size mounted. ,t I S OUTSIDE STORAGE #4 BOARD/SCOOP-DOUBLE DOOR (2) DIVIDERS-(3) FIXED SHELVES #4 (curbside rear compartment) reconfigured to dimensions 75.50" high x 22.25" wide clear door ·opening with 76.50"h x 30.00"w x 21J?"d ·interior dimensions and.no inside/outside access IPOS, per dwg. # 4. The compartment shall be enclosed with dual hinged doors secured with locking C:h'rom·e·Eberhart exterici'r handles.arid,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, spa'ted 8. 5" from forward wall, three(3) fixed shelves with 17.5" spacing forward of divider and backboard/scoop storage between the dividers. 40-05-0700 40-10-0006 40-10-0066 40-10-0088 40-10-0100 40-10-0120 40-10-0161 40-10-0180 40-10-0192 40-10-0200 40-10-0261 40-10-0281 #5 outside storage compartment rearward o(the curbside wheel well shall have a clear opening of 28.00"h x 10.00"d and inside dimensions of 29.00"h x 12.25"w x 21.75" d and inside/outside access to the interior squad bench area IATS, · , per dwg. # 4. The compartment shall be enclosed with a right hinged exterior door secured with a locking chrome Eberhart handle and equipped without shelves. · ·;. ,i> 11 U OUTSIDE STORAGE #6-CURBSIDE FORWARD WHEEL WELL #6 outside storage compartment forward o(the :curbside wheel well shall have a clear opening of 28.00"h x 26.00"w and inside dimensions of 29.00"h x 28.25"w x 21. 75"d IPOS standard ass # 5, per dwg. # 4. Shall haveinside/outside access to the interio'fsquad bench area and be enclosed with a locking Robinson Roll-Up door and equipped with one (1) adjustable shelf. HANDLE, ASSIST'-.STAINLESS STEEL.~ EXTERIOR CURBSIDE One (1) stainless steel assist handle (1-1 /2") diameter x (12") long shall be provided and installed on the exterior curbside Of the module,. forward of the sliding passage door. · · IATS, per dwg. # 4. DOOR SLIDING -MODULE CURBSIDE PASSAGE DOORS-REAR PASSAGE ·· FENDERETTES -RUBBER Install Black Rubber Fenderettes IPOS 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. -. ~- S 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!1 and one (1) each on the:'(:l.JI'bsidE:t·of..module rearward of hinged passage door, per dwg. #4. Program key pads to open with "10500" code: o•.:o · ,·· ..... ·· U LICENSE PLATE HOLDER-CPI CAST RECESSED WITH DUAL LIGHTS -CENTER TREAD PLt· A Cast Products license plate holder shall be recessed installed below the driver side rear tail light stack of the module rear tread plate. The holder shall be recessed shall hil.Ve dual lights, which activate with the chassis headlamp switch IPOS, per dwg. # 2. S LOCKS POWER-PASSAGE, COMPARTMENTS (6)-HIDDEN SWITCH-FOB REMOTES (2) Power door tocks shall be included on rnbdule 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 & # 4. A keyless ent:r)l system shall be installed. The system shall include 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 alumini.imrubr~ils,shall be installed onthe·lower'sides of the body below the outside compartment sill areas. The rub rails shall be offset 3/16" from the body to facilitate wash down of road debris the .rub rails shall incorporate a recessed 5/8" wide black reflective scotchlite safety accent stripe. 2 1 1 11/15/2012 Page 11 PART NO S DESCRIPTION QTY 40-10-0321 40-10-0340 40-10-0360 40-10-0381 40-10-0402 40-10-0505 40-15-0046 40-SP-0003 50-00-0202 50-01-0111 50-01-0201 50-01-0404 50-05-0131 STEPWELL, CURBSIDE DOORWAY-MID STEP AREA STONE GUARDS, MODULE FRONT -ANO,DIZED DIAMOND PLATE (24" H) KICKPLATE/THRESHOLD, REAR DOORWAY-ANODIZED DIAMOND PLATE , A bright dip anodized aluminum diamond cplate 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. · U TOW HOOKS, MODULE REAR::~ RECESSED CHROME-REAR TREAD PLATE Two (2) recessed chrome tow hooks shall be provided in the center of the rear tread plate area, one (1) each side oUhe rear center comparJmerit. Hooks shall be securely:Jasiened to the vehicle frame IPOS, per dwg. # 2. WINDOW, 13" x 33" CURBSIDE FIXED W/SLIDING DRY ERASE BOARD A 13" x 33" non-openable (fixed) tinted!~]ndow 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 sid~; 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. WINDOWS, PASSAGE DOOR-(CURB SLIDING, REAR FIXED) S TURTLE TILE MATIING (BLACK)-BOTIOM OF OUTSIDE COMPARTMENTS Install Black Turtle Tile' with ramps to the floors of the standard OSS compartments #1, #2, #3, #4, and #5 and #6. U DOOR, MODULE REAR-DIAMOND PLATE-REAR KICK PLATE-SCBA BOTILE STORAGE An aluminum diamond plate drop dowrfdoor secured with two (2) locking ,lever' latches shall be installed in the center of the rear kick plate. Inside dimensions 10.00" x 24.00"w x 28~00"d. Storage cradle for three (3) S¢BA 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. · ROUNDED INTERIOR CORNERS CABINET CONSTRUCTION -INTERIOR -ALUMINUM Interior cabinets to be constructed of aluminum IPOS CABINET DOORS -CLEAR ACRYLIC Install Clear acrylic on cabinet doors IPOS S LATCHES CABINET-STAINLESS STEEL Install chrome locking lever latch on ACP and PDQ doors. Install Southco stainless steel locking flush pull latches on all other interior drawers and doors. (7 locking lever latches, 4 locking flush pull latches) · · CABINET$/ WALLS-POLYCHROMATIC COATING c APOLLO GRAY I CAMILLE WHITE Walls, cabinet faces, drawer fronts and doors to be #20-11 Apollo Gray, Headliners and 50-10-0140 50-10-0212 50-10-0226 50-10-0302 50-10-0412 50-10-0524 50-10-0614 50-10-0642 cabinet interiors and any drawer interiors to be #20-54 Camille White '(!•'' S. CABINET -LEFT WALL, UPPER REAR #1 -RESTOCKING HINGE (UP) Cabinet per #5 dwg. dimensions to accommodate the relocation of the CPR seat, the deletion of the angled lights, and second action area modifications IPOS. S CABINET, LEFT WALL'; UPPER CPR SEAT #2 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 x29.50" 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. 'LEFT WALL-ATTENDANT CONTROL' PANEL-HINGED PANEL . . ' 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. I r'l, S CABINET-LEFT WALL, UPPER FRONT #3-RESTOCKING HINGE (UP) The left wall, upperfront interior cabinet (#3) over the primary action area shall have a door opening of 14.25" high x 60.00" wide with interior dimensions of 16.75" 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. fi~ed .divider and (1) adjustable shelf each side of divider for a total of two (2) shelves. ·., S CABINET -LEFT WALL, LOWER REAR #4 -HINGED ACRYLIC DOOR (1) The left wall, lower rear interior cabinet (#4) shall have a door opening of 23;00 high X 18.50" wide. The cabinet shall be enclosed with a single left hinged acrylic door, secured with two (2) chrome locking lever latches, equipped with two (2) adjustable shelves, with inside access only IPOS, per# 5 dwg. S CABINET-LEFT WALL, LOWER UNDER ACTION AREA #5 WIDE OPENING 16.00" The left wall, lower interior'cabinet (#5) modified and teloq:~ted to under the rearward erid of the primary action area shall have a door opening of 12.00" high x 16.00" wide with .. interior dimensions of 13~75" high X 17.75" wide X 18.50'' deep IPOS, per dwg. # 5. This compartment shall be enclosed by one (1) set of sliding acrylic doors. The compartment shall be equipped with one (1) adjustable shelf. »The acrylic doors shall be black or covered with black vinyl.<< S PRIMARY ACTION AREA-COUNTER LENGTH 66.75" Extend the primary action area to a 66.75" length (Relocates the CPR seat), per the #5.dwg. dimensions. S SECONDARY ACTION AREA-COUNTER LENGTH 22.00" The secondary action area shall be located rearward of std and to the rear of the CPR seat with specific work area dfmensions of 22.00" high x20.00" wide X 18.00" deep IPOS, per# 5 dwg. (Accommodated by relocation of the CPR seat) 50-10-0918 50-20-0010 50-20-0504 50-30-0131 50-50-0102 50-50-0312 50-50-0529 50-50-0541 DRAWER-SLIDE-OUT I WRITING TABLE STREETSIDE I Install a slide-out drawer with hiriged'plexi-glass writing table in the street side (#6) wall beside the attendant seat to non-standard specific dimensions IATS, per# 5 dwg. Drawer secured with locking stainless steel flush pull latch. COUNTER TOP-ALUMINUM-POLYCHROMATIC SPRAY COATED Zolatone color to be Camille White S CABINET DOORS -LOWER FRONT WALL -ETCHED ACRYLIC -DELETED Delete the lower front wall cabinet doors for credit IPOS, per dwg. # 7. S PARTITION DOORWAY-WITH SLIDING DOOR A sliding door with fixed acrylic window shall be installed in the partition betwee11 the patient compartment and the cab of the chassis IPOS, per dwg. # 6 & # 7. The door shall slide into a pocket created beni6dthe cab passenger seat area within the front wall. ,. S CABINET-RIGHT WALL, BEHIND SQUAD BENCH (2) Two (2) cabinets (#1 ) shall beinstalled above the· squad bench IATS, 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;". y ATTN SEAT-EVS HiBAC, INTEGRAL CHILD, SWIVEL BASE Seat, ·Attendant-EVS high back, integral child seat, install~d on a swivel base, IPOS CPR SEAT, W/HINGED SEAT BOTTOM & FOLD DOWN ZOLATONE COUNTER Seat, CPR -lift up seat cushion, storage underneath and a fold-down zolatoned lid/seat back. IPOS . S SQUAD BENCH LID-(3) SPLIT WITH SHARPS TRASH CABINET ··1:rtie squad bench lid and cushion shall be split into three sections so that each section C:'an1be:! . . .. · -. ··-. opened independently IPOS, per dwg. # 6. Provisions shall be made for the sharps and trash containers to be installed in ci"cabinet at the head of the bench. Sharps drop in and ·waste accessed through a stainless steel hinged lid. The containers shall be accessed via an 'aluminum right hinged~'door located in the step wellat head of the bench area and secured with a locking stainl~ss steel flush pull latch IPOS/IATS, per dwg. # 8. The forward bench section shall have inside/outside access to the #6 outside storage compartment, per dwg. '# 4 & #6, the center behch section shall have interior storage access, per dwg. # 6 & # 9, and the rearward bench section shall have inside/outside access to the# 5 outside storage compartment, per dwg. # 4 & # 6. ·· ' · -- . The bench base and cushionstiall be recessed above the whE;!el well section, per dwg. #9 Automatic locking, retractableseat belts shall be provided for three (3) people while seated , on the squad bench orfor one.(1) person lying down with ·two (2) seat belt straps located on the base, per dwg. # 6. ,., : : ~ I 1.!·· !: t;, HOLD OPENS-SQUAD BENCH LID-GAS CYLINDERS 11/1512012 Page 14 PART NO S DESCRIPTION QTY 50-60-0017 50-60-0018 50-60-0030 50-60-0154 50-60-0155 50-60-0220 50-60-0256 50-60-0300 50-60-0301 50-60-0322 50-60-0351 50-60-0391 50-60-0424 50-60-0430 50-60-0431 S ASPIRATOR I SUCTION-SSCOR-wl ELECTRIC PUMP-COUNTER w/ OUTLET-STREETSIDE An SSCOR suction systerll shall be iflstalled on the action wall counter near the attendant's seat. The 12 VDC SSCOR electric vacuum pump to be installed in OSS #2 (must use SSCOR pump and tubing). A vacuum outlet;ana, suction control valves: shall be installed on the primary action area wall between the 02 outlets, per dwg. # 5. ' ~~ ~:;:; ... ~;::-·,_ -~··· U ASPIRATOR/SUCTION-SSCOR VX-2 PORTABLE-CURBSIDE A SSCOR VX-2 Portable suction unit with 12v charger base shall be installed on the curbside wall above the forward end of the squad bench IATS, per dwg. # 6. S ASSIST HANDLES,,(2)"V'STAINLESS STEEL, (2)BLACK URETHANE (2) Austin "D" A total of six (6) assist handles shall be provided: Two (2) 1-1 /4" diameter stai~lesssteel 'V' handles, one (1) on each rear passage door. Two (2) 10-7 /8" black vulcanized rubber with steel core assist handles, one (1) at the curbside . doorway, and one (1) on the curbside sliding door. Two (2) Austin "D" handles at the rear doorway. S COT FASTENER -STRYKER SINGLE -SIDE POSITION , Install a Str)fker single position side mount xu s s Position cot and attendantseat so there is 16.5" from rear entry doors to rear ofcot and 30" from head of cot to att. seat backrest with seat in center slide position. There is to be 6" from streets ide' main wall to ,the side of the side mount floor foot plate. Stryker Power LoadCotSyst~r-D EMBLEMS I SIGNS-REAR PATIENT COMPARTMENT EXHAUST VENTILATOR;·3-SPEED 'ty~ULTIPLEX ELECTRICSYSTEM -CURBSIDE Relocate exhaust ventilator to curbside rear, per #6 dwg. FLOOR CONSTRUCTION-PATIENT COMPARTMENT, NON-WOOD COMPOSITE , 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 I 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 I AIR CONDITIONING;iHOSELINE ·:ANGLED UPPER LEFT FRONT The heatlac system shall be installed in an angled panel in upper left front of the patient compartment IPOS, per dwg. # 5, 7, & 9. The system shall be installed as close to the ceiling as possible and contain two (2) adjustable discharge vents, per dwg. # 7. »Could you install a Proair 917 in this location? This is what they have now it they really like it.« S IV HANGERS-CEILING RECESSED-CAST PRODUCTS #IV2008-1 (2) Two (2) Cast Products #IV2Q08'1 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. 1 1 1 2 50-60-0613 50-60-0629 50-60-0652 50-60-0660 50-60-0661 50~60-0685 50-60-0709 50-60-0720 50-60-0732 50-60-0740 50-60-0761 50-60-0820 50-60-0882 50-SP-0001 50-SP-0003 50-SP-0004 LONPLATE II, NON-SLIP EMBOSSED SM. GRID-GUNMETAL #424 The floor in the patient compartment shall be covered with Lonseal brand "Lonplate non-slip; small grid (embossed) Gunmetal #424, -;: :~:> S OXYGEN OUTLETS (2) WALL/ (1 )CEILING -OHIO MEDICAL TYPE (1 ),in Action area · :!'': :; · (1) head of squad bench (1) 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, MANUAL SYSTEM Manual Oxygen system with regulator (no Bypass) pADDED. EDGING PROTECTION ·:· PADS, HEAD AND BACK S '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 .speakecrs shall be provided th-rough the OEM radio and a fader control located in the ACP. SHARPS AND TRASH CONTAINERS-ACCESS THRU SQUAD BENCH LID STAINLESSSTEEL·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,beneaththe upper door panel. ;,- STAINLESS STEEL WALL PROTECTION-INTERIOR ST~EETSIDE TURTLE TILE-SKID-RESISTANT MAT, CURBSIDE STEPWELL UPHOLSTERY-RENAISSANCE-STEEL BLUE #9214::r 'i.- All cushion, head pads, door panels, and seating surfaces shall be covered with Spradling International "Renaissance" Steel Blue #9214 S SHARPS, DROP-IN-STREETSIDE COUNTER TOP-CUSTOMER SUPPLIED CONTAINER A drop-in cut-out for a customersupplied sharps container shall be provided in the primary action area counter top between the lower cabinet and the writing drawer IATS, ., 'per dwg. # 5. , _ U DETECTOR, CARBON MONOXIDE (C02)-PATIENT COMPARTMENT (NFPA COMPLIANT) A NFPA compliant" 1'carbon monoxide (C02) nionltor shall be installed in the patient compartment IATS. Location TBD at a pre-construction conference. U WARNING SYSTEM, SEAT BELT MONITORING (NFPA COMPLIANT) A NFPA compliant seat belt monitoring/warning system shall be installed in the patient compartment seating area(s) IATS. 60-01-0001 60-01-0003 60-01-0004 60-10-0108 60-10-0110 60-20-0301 60-20-0510 60-30-0200 60-SP-0001 80-10-0101 80-20-0001 90-10-0002 90-10-0003 PPG PAINT PROCEDURE CLEAR COATING-MODULE PAINT BUFFING, PAINT -MODULE CAB -OEM PAINT S PAINTMODULE ALL ONE SOLID COLOR, PLUS CLEAR COAT , · The entire module shall be sprayed one-color and then clear coated. Lime Green Pierce.# 304 (FLNA'60182) crossed to PPG # . (5J39). S 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 •. S SCOTCHLITE STRAIGHT STRIPE;';10"WIDE ON CABAND MODULE A ten (10) 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 DOOR REFLECTIVITY S LETTERING AND GRAPHICS-PROVIDED/INSTALLED Graphics and lette'ring provided, per DeparfiT!erit specifications, per attached layout. KKK-A-1822F COMPLIANCE VEHICLE MANUALS (1) PACKAGE SET 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 WARRANTIES U Warranty MANUFACTURER WARRANTIES: The ambulance manufacturer shall provide Warranty coverage as follows: No Exceptions A. Structural Module Warranty -Limited Life Time B. Ambulance Co~v~rsion Warranty-2 Years/30,000 ~iles c 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 1 11/15/2012 Pa e 17 . PART NO S DESCRIPTION QTY with specified PPG products for a period of 7 years or 84,000 miles which ever occurs first, from the date the vehicle is deli~ered to the oWner. The first four years or 48,000 ITiilesa.re,c 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 yearsor up _to 84;bOO miles are covered at 50% pafts a11dr ~--" labor. Paint repairs must be pre-approved by Braun/PPG and performed by an authorized PPG facility. ;: ;;''·NOTE: ·Copies of these Warranties shall be provided i:()'the purchaser in the bid respon~¢. Resolution 101, 2012 EXHIBIT "8" SALES ORGANIZATION: LESSEE: TYPE OF EQUIPMENT: EQUIPMENT COST: CUSTOMER DOWNPAYMENT: TRADE-IN: DELIVERY TIME: PAYMENT MODE: FIRST PAYMENT DUE DATE: LEASE COMMENCEMENT DATE: DOCUMENTATION/CLOSING COSTS: Term Number. of Payments 5 years 5 annual Ten-8-Cindy City of Palm Beach Gardens 2 Braun Ambulances November 27, 2012 $ 561,964.00 after trade in of $45,000.00 $0.00 $0.00 std Annual In Arrears 1 Year After Lease Commencement Upon contract signing with Pierce $0 Payment Amount Balloon Amount Due with Last Payment $ 115,089.21 $40,000.00 The above listed payment(s) reflect program discounts available exclusively through Oshkosh Cap1tal. 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 payments made directly to Pierce Manufacturing or financed by Oshkosh Capital as part of the transaction. TYPE OF FINANCING: Tax-exempt Lease Purchase Agreement with a $1.00 buy out option at end of lease term. Said agreement shall be a net lease arrangement whereby lessee is responsible for all costs of operation, maintenance, insurance, and taxes. Maximum Mileage at the End of the Lease Term: 90,000 miles per unit BANK QUALIFICATION: This proposal assumes that the lessee will not be issuing more than $10 million in tax-exempt debt this calendar year. Furthermore, it is assumed that the lessee will designate this issue as a qualified tax-exempt obligation 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 agreement and shall designate the individual(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 forrn 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 Internal Revenue Code 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 for fourteen (14) days from the above date and is subject to final credit approval by Oshkosh Capital and approval of the lease documents in Oshkosh Capital's sole discretion. To render a credit decision, lessee shall provide Oshkosh Capital with their most recent two years' audited financial statements, copy of their most recent interim financial statement, and current budget. Accepted by: Lessee Date PrnnnR::ll RllhmittF>rl hv· ~~ Kim Simon Kim.Simon@oshkoshcapital.com 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. [] OSHKOSH CAPITAL.• Oshkosh Capital I LocB3-B230-05-071155 East Broad St I Columbus, OH 432151 Ph: (800) 820-9041, ext. 1 I Fax: (800) 678-0602 -~------------------------------------ Resolution 101 , 2012 EXHIBIT "C" r·. OSHKOSH ··cAPITAL® l~------~ November 28, 2012 City of Palm Beach Gardens Attn: Peter Berge! 10500 North Military Trail Palm Beach Gardens, FL 33410 Dear Mr. Berget: C03 Enclosed are the necessary documents needed to complete your lease transaction. Our goal is to ensure that you receive the lowest payment and maximum discounts available. The payment amounts contained in the Schedule A-1 of the enclosed documents assume that this transaction will fund by December 15, 2012. If the documents and all other items requested are not fully executed and returned to Oshkosh Capital by December 14, 2012, the payment amounts for this transaction may changes due to market conditions. Please review, sign in blue ink and return the documents and all other items requested on the Document index included in this package. Please return the documents to Oshkosh Capital, 155 East Broad Street, B4-B230-05-7, Columbus, OH 43215 in the prepaid Fedex envelope enclosed. If you have any questions, please contact me at 1-800-820-9041, ext. 4. Sincerely, c~~ Contract Administrator C: Max Lohman 155 E. Broad St., B4-B230-05-7 + Columbus, Ohio 43215 phone 800..;820-9041 +fax 800-678-0602 Master Lease-Purchase Agreement Between CITY OF PALM BEACH GARDENS AND OSHKOSH CAPITAL DOCUMENT INDEX 0 Master Lease-Purchase Agreement -Provided for your reference 0 Florida Master Lease-Purchase Addendum -Provided for your reference 0 Lease Schedule with Schedule A-1 -Sign and title 0 Vehicle Schedule Addendum -Sign and title C03 0 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. 0 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. 0 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. 0 Three Party or Agreement-Sign and title. 0 Delivery & Acceptance Certificate-At point of delivery, fill out this form and fax it to me. Please return the original via US Postal Service. 0 IRS FORM 8038-G-Sign, date, and title 0 Minutes of Governing Body (approving the purchase & finance of equipment)-Please return a copy with the documents. 0 Sales Tax Exemption Certificate-In File. 0 Invoice for Florida Stamp Tax -Please send your check in the amount of $2, 154.06, made payable to Oshkosh Capital. 0 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 0 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. ::cs MASTERLEASE-PURCHASEAGREEMENT Dated as of Dec:ember 6. 2011 This Master Lease-Purchase Agreement together with all addenda, riders and attachments hereto, as the same may from time to time be amended, modified or supplemented ("h/;aster is made and entered by and between Oshkosh Capita! ("Lessor") and the Lessee identified bebw ("l ~:::-~.:::"\ -~-:::.--)· LESSEE: Citv of Palm Beach Gardens ·L LEASE OF EQUIPMENT Subject to the teims and condrtions of this Master Lease, Lessor agrees to la::se to Lessee, and Lessee agrees to lease trom Lessor, all Equipment described in each Schedule signed from time to time by Lessee and Lessor 2. CERT A!N DEFINiTIONS. Ali terms defined in the Lsase are equally appiicable to both the singular and plural form of such terms. (a) "Schedule" msans each Lease Schedule signed and deitvered by Lessee and Lessor, toget'ler with aii addenda, attachments, certificates and exhibits thereto, as the same may trom time to time be amended, modified or supplemented. Lessee and Lessor agree that each Schedule (except as expressly provided in said Schedule) incorporates by reference ali of the terms and co:nditions of the Master Lease. (b) "Lease" means each Schedule and th!s !Viaster Lease as incorporated into said Schedule. "Equipment" means the prooerty described in each Schedule, together with all additions, accessions, improvements, replacements and substrtutions thereto. (d) "Lien" means any interest, lien, mortgage, encumbrance, judgment, attachment warrant, w;it, levy, other judicial process or ciaim of any nature whatsoever by or of any person. 3. LEASE TERM. The term of the lease of the Equipment described in each Lsase ("Lease Term") commences on the f~rst date any of such Equipment is accepted by Lessee pursuant to Section 5 hereof and, unless eariier terminated as expressly provided in the Lease, continues until Lessee's payment and performance in full of all of l..essee's obiigations under the Lease. 4. RENT PAYMENTS. 4.1 For each Le2se, Lessee agrees to pay to Lessor the rent payments in the amounts and at the times as set forth in the Schedule A-1 attached to the Schedule ("Rent Payments"). P., portion of sach Rent Payment is paid as and represents the payment of interest as set forth in the Schedule A-1. Rent Payments will be payabl~ for the Lease Term in U.S dollars, without notice or demand at the off1ce of Lessor (or such other place as Lessor may designate from time to time in writing) 4.2 If Lessor receives any payment from Lessee after the due date, Lessee shall pay Lessor on demand as a late charge frve per cent (5%) of such overdue amount ilmited, however, to the max:imum amount allowed by law. 4.3 EXCEPT AS SPEC!FICALL Y PROVIDED IN SECTION 6 HEREOF OR 11-.J AHY WRi-1 -~EN IVIODIFICATIOi\1 TO THE LEASE SIGNED BY THE OBUGP.TION TO P.A Y ?..ENT o,A, Yll!iENTS UNDER EACH LEASE SHALL BE ABSOLUTE AND UNCONDiTIONAL IN ALL EVENTS AND SHALL NOT BE SUSJECT TO ANY SETOFi=, COUNTERCLA!l\fl, AB/>,TEMENT Or< RECOUPI1.~EI\)T FOR ANY REASON Vv'HA TSOEVE?... 5. DEUV'ERY; ,!loCCEPTANCE; FUNDING CONDfTIONS. 5.1 Lessee shall arrange tm the trans:Jortation, delivery and installation of all Equipment to the location specified in the Schedule ("Location") by Equipment suppliers ("Suppiiers") selected by Lessee. Lessee shall pay all costs re\ated thereto unless Lessor otherwise agrees to pay such costs as stated m the Schedule. 5.2 Les:s:::: shall accept Equioment as soon as it h2s been deiivered and is operatio;;aL Les:see shall evidence its acceptance of any Equipment by signing and delivering to Les:sor the applicable -1 - ::cs Schedule. ff Less:::e. signs and deifvers a Schedule and if all Funding Conditions have been satisfied in full, tlien Lessor will pay or cause. to be. paid the of such Equipment as stated in the Schedule ("Purchase Price") to the appflcable Supplier. 5.3 Lessor shall have no obiigation to pay any Purchase Prbe unless all reasonable conditions estabiished by Lessor ("Funding Conditions") have been sat!sf;ed, including., without limitation, the follow1ng: (a) Lessee has signed and delivered th::: Schedule and its Schedule ,t.,·i: (b) no Event of Default shall have occurred and be continuing; (c) no material adverse change shall have. occurred in the lntemal Revenue Code of 1986, as amended, an·j the. related regulations and ruiings the;eunde; (collectively, the "Coder.); (d) no mater;al adverse change sha!i have. occurred in the ftnan.:;;al condition of Lessee or any Suppiier: (e) the Equipment is rsesonabiy satisfactory to Lessor and ts tree and ciear of any Liens (except Lessors Liens); (f) all representations of Lessee in the Lease remain true, accu;ate and cor71plete; and (g) Lessor has received all of the. toflowing documents, which shali be satisfactor)', in form and substance, .to Lessor (I) evidence of insurance coverage required (2) an ooinion of Lessee's counsel; (3} reasonably detailej invoices fm the Equipment, (4) Unifc)rm Commercial Code (UCC) f!iiancing (5) copies of resolutior:s by Lessee's governhg body, duly autho:-izing the Lease and incumbency certiftcates tor the oerson(s) who will sign the (6) such documents and certiftcates relating to the tax-exempt interest payable under the Lease (inciudmg, without iimitation, lRS Form 8038G or 8038GC) as Lessm may request; and (7) such other documents and Information previously identified by Lessor Oi otherwtse reasonably by Lessor. 6. TERMiNATiON FOR GOVERNMENTAL NON-AP?ROPRIATIONS. 6.1 For each Lease, Lessee the necessary funds to make all Rent Payments required pu;suant to such Leese fm the remainder of the fiscal year in which the Leese Tenrn commences; and that it intends to make Rent Payments for the full Lease Term es scheduied on the applicable Schedule /!.,-\ so long as funds are appropriated in each f1sca! year by its governing body. Lessee reasonably believes that moneys in an amount sufficient to make all Rent Payments can and will iawful!y be and made available therefor. All Rent Payments shall be payable out o7 the general funds of Lessee or out of other funds legally available therefor. Lessor agrees that the Leases will not be obligations of Lessee and that the Leases shall not constitute pledges of erther tile furl faith and credit of Lessee. or the power of Lessee. 6.2 tf Lessee's governing body fails to appropriate suff1dent funds in any fiscal year tor Rent Payments or other payments due under a Lease and tf other funds are not available for such payments, then a "!\\on-Appropriation event" shall be deened to have occurred. lf 2 Non-Appropriation Event occurs, then (a) Lessee. sr.a!: give LessOi immediate. notice of such Non-Appropnation Event and provide writte11 evidence of such faHu;e by Lessee's governing (b) on the Retum Lessee shall return to Lessor all, but not less than ali, of the. Equipment covered by the. affected at Lessee's sole expense, in accordance with Section 21 hereof; and (c) the affected Lease shall terminate on the Return Date without penalty or ex:p9nse to provided, that Lessee shaH pay a\1 Rent Payments and other amounts payable under the affected Lease to~ which funds shall have beeP1 appropriated or are otherwtse available., provided further, that Lessee shall pa)' month-to-month rent at the rate set tor!.h in the affected Lease tm each month or part thereof that Lessee faits to retum the Equipment under thls Section 62. "Retum Date" means the last day of the f!scal year tor which appropriations were made to; the Rem Payments due under a Lease. 7. NO WARRA.NTY 8Y LESSOR. t ne E.quipme11t is soid "AS tS". 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 WARP-.ANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANT AB!UTY OR FfTNESS i=OR .A. PART!CUL.t:.R PURPOSE OR OTHERWlSE OR AS TO THE EQUIPMENT'S VALUE, DESIGN, CONDrTION, USE., CAP.ACfTY OR DUR..b;.BILiTY. LESSEE AGREES THAT REGARDLESS OF CAUSE, LESSOR lS NOT RESPONSIBLE FOR., AND LESSEE WILL NOT MAKE ANY CLAIM AGAINST LESSOR i=OR., ANY DAM.AGES., WHETHER CONSEQUENTi.AL, DIRECT, SPEC~AL OR INDIRECT INCURRED SY LESSEE !N CONNECTION WfTH THE E:QUIPMENT OR THIS MASTER LEASE -LEASE PURCHASE AGREEMENT. NEiTHER THE MA.NUF.4CTURER, THE DEALC:R., NOR ANY SALESPERSON, EMPLOYEE OR AGENT OF THE DE.ALER OR MANUFACTURER., !S LESSOR'S AGENT OR KAS ANY AUTHORJTY TO SPEAK i=OR LESSOR OR TO BIND LESSOR IN ANY WAY. For and during the -2 - EC5 Lease Term, Lessor hereby assigns to Lessee any manufacturers or Suppiier's product warranties, express or implied, applicable to any Equipment and Lessor authorizes Lessee to obtain the customary services_ furnished in connection with such warranties at Lessee's soie expense. Lessee agrees that (a) all Equipment will have been :>urchaseci by Les:sOi in accordance with Lessee's specrfrcations f10m Suppliers selected by Lessae, LessDi is not a manufacturer or dealer of any Equipment and has no Habiiity tor the delivery Oi ir.staHation of any Equioment, {c) Lessor assullles no obligation wrth to any manufacturers or Suppiiers product warranties :x guaranties., (d)-no manut3cturer or Suppiiar or any representative of said !s an agent of Les:sm, and (e) any warranty, represe11tation, guaranty or agreement made by any manufacturer or Supplier or any representative o7 said parties shall not be binding upon Lessor. 8. TrTLE:; SECURiTY INTEREST. 8.! Upon Less:::::'s acceptance of any Equipment under its vest in Lessee, subject to Lessor's security interest therein and all of Lease including, without iimitation, Sections 6, 20 and 2i hereof. title to the Equipment shall Lessors ot'rer rights under suct-1 8.2 As coHateral security tor the Secured Obiigations, Lessee grants to Lessor a ftrst priority securrty inte;-est in any and all of the Equipment (now existing or here.aftec acquired) and any and all proceeds thereof. Lessee agrees to execute and deiiver to Lessor all necessary documents to evidence and perfect such secu1ity · including, without limitation, Uniform Commercial Code (UCC) financing statements and any amendments thereto. 8.3 "Secured Obligations" means Lessee's obligations to pay ali Rent Payments and all other amounts due and payable under all present and future Leases and to peiform and observe all covenants, agreements and conditions (direct or indirect, absolute or contingent, due o: to become or existing or hereafter arising) of Lessee under all and future Leases. 9. PERSONAL PROPERTY All Equipment is and will remain personal prope:ty and will not be deemed to be affixed or attached to real estate or any building thereon iO. MAINTENANCE AND OPER!l.TiON.. Lessee agrees it shall, at its sole expense: (a) reoair and maintain all in good condition and working order, in accordance with manufacturer's instructions, and supply and install all replacement parts or ot'ler devrces when required to so maintain the Equipment or when required by applicable law or regulation, which parts or devices shali automatically become part of the Equipment; and (b) use and operate all in a careful manner in the normal course of irs operations and onl}' tor the purposes tor which it was designed in accordance with the manufacturer's warranty requirements, and compiy with all iaws and regulations relating to the t::qwpment. If any Equipment 1s customarily covereo by 2 maintenance agreement, Lessee will fumish Lessor with a maintenance by a party reasonably satisfactory to Lessor No maintenance or other service for any Equipment will be provided by Lessor. Lessee w!ll not make any alterations, additions or improvements ("Improvements'') to any Equipment without Lessor's prior written consent unless the Improvements may be readily removed wrthout damage to the operation, value or utility of such Equipment, but any su::h Improvements not removed pnor to the termination of the applicable Lease shall automatically become of the Equipment. 11. LOCATION; INSPECTION.. Eauipment will nor be removed from, or if Equipment is rolling sto·::k its permanent base wifl not be changed irom, tile Location without Lessor's piior written consent which will not be unreasonabiy withheld. Upon reasonable notrce to Lessee, Lessor may enter the Location or elsewhere during normal business hours to Inspect the Equipment. 12.. LIENS, SUBLEASES AND TAXES. 12.. 1 Lessee shall kee;J all EqUipment free and clear of all Liens those Liens created under its Lease. Lessee shali not sublet or lend any Equipment or permit it to be used by anyone other than Les:see or Lessee's employees \2.2 Lessee shall oay when due all Taxes which may now or he;-eafter be imp~sed upon any Equrpment or its owneiShip, leasing, rental, purchase, pos:ses:sior1 or use, upon any Lease or upon any Rent Payments or any other payments due under any Lease. If Lessee tails to pay such Taxes when -j - E05 due, Lessm shali have the right, but nor me obiigation, to pay such Taxe:s. tf Lessor pays any such Taxes, then Lessee shall, upon demand, immediat:!y r:imburse Lessor t'lerefm. "iaxes" means present and future taxes, levies, duties, assessments or other governmental charges that are not based cin the net income of Lessor, whether they are ::::ssessed to or payaole by Lessee or induding, without iimitation (a) sales, use, excise., iic~nsing, registration, titiing, gross 1eceips, stamp and oersonal property and (b) inte1est, penalties or fmes on any of tne foregoing. '13. R~SK OF LOSS.. 13. i Lessee bears the entire risk of th.eft, damage or destruction of any Equipment in whole or in part from any r-eason whatsoever ("Casuairy Loss"). No Casualty Less to any Equipment shall 1eiieve Lessee tmm t'te obligation to make any Rent Payments or to any other obiigation under any Lease. Proceeds of any insurance recovery will be to Lessee's obligations under this Section 13. '13.2 if a Czsualty Loss occurs to any C:.ouipmenL Lessee shall imtnediateiy n:Jtif)r Lessor of the same and Lessee shall, unless otherwise dinected by Lessor, immediateiy repair the same. '13.3 ifLes:s.o; determines that any Item of Equipment has suffered a Casuatty Loss beyond repair ("Lost Equipment"), t1en Lessee shall either: (a) immediately repiace the Lost Equipment with similar equipment in good repair, condition and working order and clear of any Liens (except Lessors Liens) and deiiver to Lessor a bill of sale covering the replacement equipment, in which event such replacement equipment shall automatically be Equipment under the applicable or (b) on the next scheduled Rent pay Lessor (i) all amounts owed by Less:::;:::; under the applicable Lease, including the · Rent Payment due on such date plus (ii) an amount equal to the applicable Termination Value set forth in the Payment Schedule to the applicable Lease. lf Lessee !s making such with respect to less than all of the Equipment under a Lease, then Lessor \1\.~11 provide Lessee with the pro r:::lta amount of the ~~t Payment and Termination Value to be paid by Lessee wi.th to the Lost Equipment. (I-'TO-H..<_ l.'M ;~ c~ t:o..b;);t-1 ~ W-h-i C'\ .&c .1/.P%. '-~~ Flct~da_6+~;) 13.4t'Lessee shall bear the risk of loss tor, shall pay directly, and shall defend against any and all claims, liabiiities, proceedings, act1ons, expenses {Including reasonable attorney's damages or losses arising under or related to any Equipment, including, but not iimited to, the possession, ownership, !sase, use or operation then:~ot These obligations of Lessee shali survive any expiratio.-: or termination of any Leese. Lessee shall not bear the risk of loss of, nor pay for, any ciaims, liabilities, proceedings, actions, expenses (including attomey's fees), damages or losses which arise directly from events occurring after any Equipment has been retumed by Lessee to Lessor in accordance with the terms of the applicable Le.ase or which anse di"'ectly from the gmss negligence or wiltful misconduct of Lessor '14. INSURANCE. i4. '1 Lessee at tts sole expense shall at all times all Equtpment insured against ail risks of loss or damage from every cause whatsoever for an amount not ies:s tilan the Termination Value of the Equipment Proceeds of any such insurance covering damage or loss of any Equioment shall be payable to Lessor as less payee. The Total Amount Ftnanced as set forth on the Schedule A-1 does not include the payment of any premium tor any liabiiity insurance coverage tor bodiry injury and/m property damage caused to others a:-1d no such insurance wH: be pur-chased by Lessor. Lessee at its sole expense shall at all times carry public liability and property damage insurance in amounts rec:sonably sabstactory to Lessor protecting Lessee and Lessor from iiabiiities tor inJuiies to per-sons and damage to propert)l of others relatmg m any way to any Equipment. Proceeds o7 any such public Habiiity or property insurance shall be payable fwst to Lessor as additional insured to the extent of its iiabfiity, and then to Le~see, 14.2 All insurers shall be reasonably satisfacto;y to Lessor. Lessee shall oromptly deliver to Lessor satisfactory evidence of insurance wverage and all renewa!s and repiacements thereof. Each insurance poiJCy will require that the insurer give Lessor at least 30 days prior written notice of any cancellation of such poiicy and will requir: that :...essor's interests remam tnsured regardless of any a:.( error, misrepresentation, omission or neglec1 of :...essee: The insurance maintained by Lessee shall be primary without any right o7 contribution irom insurance which may be maintained by Lessor. ':5. PURCHASE OPTION. Upon thirty (30) days prior written notice by Lessee to Less::.x, and so long c:s there is no Event of Detau!t then existing, Lessee shall have the option to purchase all, but not less than -4 - ~05 all, of the covered bv 2 Lease on anv Rent Payment due date i..l'j cayina to Lessor all Rent Payments then due (including a~crued if ·any) pius the Termination Value am;unt sat forth on the Payment Schedule to the applicable Lease for such date. Uoon satisfaction by Lessee of such Lessor shall release its Lien on such E:Juipment and Less::.::: sh3ll rerain its titie to such WHERE-fS," without representation or warranry by Lessor, exp1ess or for a t'lat such Equipment !s free and clear of any Liens created by Lessor. '16. LESSEE'S REPRESENTATIONS AND WARRANTIES. With respect to each Lease and its Equipment, Lessee hereby represents and warrants to Lessor that Lessee h:::s full power, perform its obitgations under the findings and actions of L<issee's and legal right to axecure and daiiver the Lease and to all such actions have been duly authorized by the Lease hc:s been duly executed and delivered by Lesses and constitut::;s 2 binding obligation of Less::;e, ::;nforceable in accordance wrrh its vaiid and (c) the Lease is authorized under, and the authorization, compiles with, ali appiicable state and ioca! iaws and execution and delivery of t'te Le:::ss (including, bu+ not ltmtted to, all applicable JUdgments and court open public bidding and property acquisition laws) and all orders; the execution, deiivel)' and by Lessee of its obiigations under the Lease wili 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; there is no pending, or to the best of Lessee's knowledge threatened, litigation of any nature which may have a rr;aterial adverse effect on Lessee's abiiity to its obiigations under the and (f) Lessee is a state, or a political subdivision thereof, as referred to in Secticm I 03 of the and Lessee's obligation under the Lease constitutes an enforceable obligation issued on behalf of a state or a subdivision thereof. H. TA:t. COVENANTS. Lessee covenants and agrees that: Lessee shall comply with ali of the requirements of Section 149(a) and Section of the Code, as the same may be amended from time to time, and such compliance shall include, but not be limited to, a complete and accurate racord of any of any Lease and and filing Internal Revenue Form 8038G or 8038GC, as the case may be, and any other informatbn statements reasonably requested by Lessor; (b) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act allow, any Lease to be ar: "a•bitlage bond" within the meaning of Section 148(a) of the Code many Lease to be 2 activrry bond" within the mean1ng of Section i 41 of the Code: and Lessee shall not do cause to be done) any acl which will cause, or by omission of any act allow, the interest portion of any Rent to be or oecome includable in gross income tor Federal inc;ome taxation purposes under tne Cod:. (d) If Lessor eith=:Jr (i) receives in any form, from the I m (i!) reasonably based on an opinion of independent tax counsel selected by Lessor and aoproved by ,_:::::•::.::s'::::::: approval Lessee shall not unreasonably withhold, tnat Lessor may not exclude the inte1est component of any Rent under a Lease from fede;-al gross income because Lessee breached a covenant contained herei:t, then Lessee sha!i pay to Lessor, within thirty (30) days after Lessor notif;es Lessee of such determination, the amount which, with respect to Rent Payments nreviousiy and taking into account all penalties, interest and additions to tax (including al: rede~al, state and local taxes on the interest component of all Rent Payments under such Tax-Exempt Lease due through the date of such event) that are imposed on Lessor es a result of t'le loss of the will resto1e to Lessc>r the same after-tax yield on the transaction evidenced by such Tax-Exempt Lease -::> - EC5 (assuming tax at the highest marginal corpor-ate tax t'!at it would have realiz:ed had the exciuston not been lost. Additionally, Lessee agn::es that upon the occuiTence of such an event with respect to a Tax-Exempt tt shali pay additior,al rent to Lessor on each succeeding Rent Payment due date in such amour1t es wiil maintain such after-tax yield to Lessor. Lessor's determination of the amount necessary to maintain its after-tax yield as provided in thts subsection (b) shall be conclusive (absent manifest error) Notwithstandino anvthino in a Tax-E.xemo7 Lease tc the contrarv, any ::~ayment that Lessee ts to make purS'uar~t to this subsection (b) shall be made only fr;m Legaliy Avait::able Funds. 18. ASSiGNMENT 18.1 Lessee shall not assi9n, transfer, hypothecate, nor g>ant any Lien on, nor otherw!se dispose of, any Lease or any or any interest in any Lease or Equi:lment. '18.2 Lessor may assign its rights tttie and !merest in and to any Lease or any Equipment, andior may grant or :=!ssign a interest in any Lease and its Equipment, in whole or in to any partjt at any time. Any such ;::ssignee or iien holder (an "Asstgneen) shall have all of the rights of Lessor-under the applicable Lease. LESSEE AGREES NOT TO ASSERT AGAtNST ANY ASSIGNEE ANY CLAIMS, ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT OR ANY OTHER SIMILAR DEFENSES VVHICH LESSEE flftAY HAVE AGAINST LESSOR. Unless otheiWise agreed by Lessee in writing, any such t;-ansac:tion shall not release Lessor from any of Lessors obfigations under the applicajie Le::se. An assignment or reassignment of any of Lessor's right, title or interest in :: Lease or its Equipment shall be enforcsable against Lessee only after Lessee receives a written notice of assignment which discloses the name and address of each such ,ll.ssignee. Lessee shall keep a complete and accu<ate ;-ecord of all such assignments in the torm necessary to comply with Section '149(a) of the Code. Lessee agrees to acknowledge in writing any such assignments if so requested. 18.3 Each .A.ssignee of a Le2se hereby agrees that the term Secured Obligations as used in Section 8.3 hereof is he:eby amended to include and apply to all obligations of Lessee under the Assigned Leases and to exclude the obligations of Lessee under any hi on-Assigned (b) said Assignee shall have no Lien on, nor any claim nor any interest of any kind in, any Non-Assigned Leases; arid Pssignee shali exercise its be'lefits and remedies as the of Lessor (including, without iimitation, the remedies under Section 20 oi' the Master Lease) solely with respect to the ,A.ssigned Leases. "Assigned Leases' means only those Leases which have been assigned to an Assignee puiSuant to a written agreemem, and "Non-Assigned Leases'· means all Leases excluding the Assigned Leases. 18.4 Subject to the foregoing, aacr1 Le2se inures to the benefit of and is binding upon the hells, executors, administratoiS, successors and ass1gns of the parties hereto. 19. EVENTS OF DEFAULT. For each Lease, "Evem of Default' means the occurrence of any one or mora of the following events as they may reiate to such Ls:::se: (a) Lessee taiis to make any Rent Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (1 0) days after the due date (b) Lessee fails to perform or observe any of its obligations under Sections 12. 'I , 14 or '1 8.1 (c) Lessee fails to perform or observe any other covenant, condition or ag1eement to be perfo;-mad o~ observed by it under the Lease and such tailure is not cured wtthin thirty (30) days after receipt of written notice thereo~ by Lessor, (d) any state!Tlent, rep1esentation or warranty made by Lessee in the Lease or in any w;iting deifvered by Lessee pursuant thereto or in connection therewith proves at anr time to have been misleading or erroneous in any material respect as of the when made, (e) Lessee appiies for or consents to the appointment of a receiver, trustee, conservator :x iiquidator of Lessee or of ali or a substantial o: IIS assets, or a petition for reiief is filed by Lessee under any federal or state bank;uptcy, insolvency or simiiar \aw, or a petition in a proceeding under any federal or state bank:ruptcy, insolvency or simHar law !s filed against Lessee and is not d!sm!ssed within sixty (60) days thereafter: or Lessee shall be in default under any other Lease or under any othei frr;ancing agreement executed at any time with Lessor. 20. REMEDIES. if any Event of Default occurs, then ~essm may, at its option, exerc~se any one m mo:e of the tollowing remedies: -6 - EC5 (a) Lessor may Lessee to pay (and Lessee agrees that it shall pay) all amounts then currently due under al! Leases and all remaining Rent Payments due under ali Leases during the fiscal year in effect when the default occurs with interest on such amounts a1 the highest lawfui rate from the date of Lessors demand tor such payment (b) Lessor may require Lessee to promptly retum all Equipment to Lessor in the manner set forth in Sedion 21 (and L:::ssee agrees that it shall so return the Equipment), or Lessor may, at its option., enter upon the premises where any Equipment is located ana repossess such Equipment without demand or notice, without any court order or other process of iaw and without iiabiiity tor any damage occasioned by such repo:::session; (c) Lessor may seH, lease or othe:wise dispose of any Equipment, in whole or in cart, in one or more public or private transactions, anci if Lessor so d!sposes of any E::quipment, t'len Lessor shali retain the entire proceeds of such d!sp:::sition free of any clairr:s of prov1ded, the net proceeds of any such disposition shall be to amounts payable by Lessee under ciause (a) above of this Section oniy to the extent that such net exceed the appilcable ienmir.atlon Value set forth in the appiicable Schedule .A-1; (d) Lessor may terminate, cancel or rescind any Le.ese as to any and all Equipment; Lessor may exercise any other ;ight, remedy or privilege which may be available to Lessor under applicable iavv or, by appropriate court action at law or in equity, Le:::sor may enforce any of Lessee's obligations under any Lease; and/Di (f) Lessor may require Lessee to pay (and Lessee agrees that tt shall pay) all out-of-pocket costs and e.xpenses incurred by Lessor as a result (directly or indirectiy) of the Event of Default and/or of Lessor's actions unde1 this section, including, without limitation, any fees and expenses and any costs related to the repossession, safekeeping, storage, repair, reconditioning or disposition of any Equipment. None of the above remedies is exclusiVE:, but each is cumu:ative and in addition to any other remedy available to Lessor. Lessor's exercise of one or more remed1es shal: not its exerc!se of any other remedy. No delay or failure on the part of Lessor to exercise any under any Lsase shall operate as a waiver t'lereof, nor as an acquiescence in any default, nor shall any single or partial exerdse of any remedy preclude any other e.xercise thereof or the exercise of any other remedy. 21. RETURN OF EQUtPMENT tf Lessor is entitled under the provisions of any including any tenmination thereof pursuant to Sections 5 or 20 of this Mester to obtain possession of any Equipment or if Lessee IS obiigated at any ttme to return any Equipment, then (a) title to the Equipment shall vest in Lessor immediately upon Lessors notice hereof to Lessee, and (b) Lessee shall, at its sole expense and risk, immediately de-install, disassemble, pack, insure and return the Equipment to Lessor (all in accordance with appiicable industry standards) at any location in the continental United States selected by Lessor. Such Equipment shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting tram normal and proper use excepted), shall be in good operating order and maintenance as by the applicable Lease, shall be free and clear of any Liens (except Le:::sors Lien) ano shall comply with all applicable iaws and regulations. Until Equipment is retumed as above, all terms of the appilcable Lease shall remain in full force and effect including, without iimitatior., obiigations to pay Rent Payments and to insure the Equipment Lessee agrees tc execute and deiiver to Lessor all documents reasonably requested by Lessor to evidence the transter of iegai and beneficial title to such Equipment to Lessor and to evidence the tenmination of Lessee s interest in such Equipment 22.. Lb.W GOVERNING.. Each Lease shali be governed by the ;aws of the state of the iessee (The ''State"}. 23. NOTICES. Ali notices to be given Uilder any Lease shall be made in writing and eii:ner personally deiivered or mailed by certif;ed mail to the othe~ party at its addre:::.s set torth herem or at such addiess as the party may provide in writing trom time to time. Any such notices shall be deemed to have beer: received frve (5) days subsequent to mailing if sent by regular or certified mall, or on the next business -7 - --·····-··---··---·---------------------------- EC5 day if sent by overnight cou;ier, or on the day of delivery ff deiivared personalty. 24. FiNANCL~L INFORMATiON; INDEMNiTY; POWER OF ATTORNEY. Withir1 thirty (30) Di me1r completion in each fiscal ysar r:Jf Lessee during any Lease Term, Less::: will dei1ver to Lessor upon Lessors ;-equest the pubiicry available annual financial information of Lessee To the extent permitted by iaw, Lasses shaH indemnity, hold harm1ess and, if Lessor requests, defend Lessm and its shareholders, affiliates, employees, dealers and agents against all Ciaims directly or indirectly arising out of o: connected wit'l the manufacture, installation. use, possession or d::;iivery of t'te Equipment, any def::;cts in the any wrongful act or omission of Lessee, Oi its and agents, Oi (c) any ciaims of af\eged breach by Lessee of this Master L..sase or any related document. "Ciaims" means all losses, Habiilties, dama9es, expenses (including att·xney's fees and costs), c;aims, actions and whether in contract tort or othe;w~se. Lessee hereby appoints Lessor its true and iavvful attorney-irt-ract (with full power of substitution) to preoars any ir.s~rument, certiftcate of title or financing statement covering the or othe'llvise Lessors interest in the Equipment, to sign Lessee's name with the same force and effect es if signed by Lesses, and to fl\e same at the p:oper l,ocaf~em(s); and make ciaims for, ;-eceive sayment of, and execute and =:ndorse all documents, checks or diaf-LS for theft, damage or destruction to the Equipment under any insurance 25. SECTION HE.A.Dih!GS. All section headings contained herein or in any Schedute are for convenience of reference only and do not define or limit the scope of a:-;y provision of any Leese. 26. EXECUTiON iN COUNTERPARTS. Each Schedule to this llf1aster Lease may be executed in several counte:parts, each of which shall be deemed an original, bu: all of which shall be daemed one instrument. Only one counterpart of each Schedule shall be marked "Lessors Original" and all other counterparts shali be deemed duplicates. An assignment of 01 security interest in any Schedule may be created thmugh transfer and possession oniy of the marked "~essoi's Original" 27. ENTiRE AGREEMENT; WRiTTEN AMENDMENTS. Each Lease, together with t're exhibits attached thereto and made a hereof and other attachments thereto, and other documents or instruments executed by Lessee and Lessor in connectior theiewith, constitute the entire agreement bet\1\,een the parties with to the lease of the Equipment covered thereby, and such L..ease shall not be modified, amended, altered, or except ·wit'l the written consent of Lessee and Lessor. Any provision of any L..ec:se found to be prohibited by taw shall be ineffective to the extent of such piOhibition without invalidating the remainder of the Lease. Citv of Palm BeacP:Gardens {"Lessee~);}!) Byy._ tlk------- Title\ rJ:../v' ..&./Vi£ /1 bJI1.!./V r stRA~ 10500 North Miiitary Trail Palm Beach Gardens, FL 33410 -8 - < ~ By_~_' _··-,---'--·~t'---l/L-C-'-. =-~-'--'--=-=-·"'::::>-'---- Title 155 East Broad Stre::;t, B4-B23D-05-7 Columbus, OH 432'\5 FLORIDA MAS! :::R LE.!.\SE-PURCHAS:: ADDENDUM (Florida Local Govemmen~ Lease) lv'iaster Lease-Purch2!se ,A.grsement Dated December 6. 201 i Lessee: Citv of Palm 3sach Gardens Reference is made to the above Master Lease-Purchase ,A.greement ("II/; aster by and between Oshkosh Capital \'Les:soi'') and the above lessee ("Lessee"). Tnis Addendum amends and modifies terms and conditions of the 1\/;aster Lease and is hereby made a pari of the Master Lease. Unless otherwise defined herein, capltaitzed terms deftned in the Master Lease shall have the same meaning when used herein. NOW, Lessee hereby agree to amend the Master Lease as tollows: 1. Section 6: TEK.MINAT~ON FOR GOVERNME:NTAL NON-APPROPRtA .. TjONS. Subse::tion 8.2 ofthe Master Lease is deleted and replaced with the following: 6.2 tf Lessee's governing body fails to appropriate sufficien: funds in any fiscal year for Rent Payments or other payments due under a Lease and if other funds are not available tor such payments, then a "Non-Appropriation Event'' shall be deemed to have occurred. If a Non- Appropriation Event occurs, then: (a) ~essee shall give Lessor immediate notice of such Non- Appropriation Event and provide writter evidence of such taiiu;-e by Lessee's governing body; (b) on the Return Date .. Lessee shall return to Lesso: all, but not less than all, of the Eouipment covered the affected Lease, at Lessee's soie expense, in accordance with Section 21 hereof, provided, that Lessee tails to so return the Equipment, then Lessee shall pay to Lessodhe tun amount under Section 15 hereof zs if Lessee had elected to exerclse its purchase option for Equipment;" and (c) the affected Lease shall terminate on the Return Date without penalty or expense to Lessee, prov1ded, that Lessee shall pay all Rent Payments and other amounts payable undert'le affected Lease for which funds shall have been appropriated or are ot'lerwise available, provided further, that Lessee shall pay month-to- month rent at the rate set forth in the affected Lease br each month or part thereof that Lessee tails to retum the Equipment unde' this Section 6.2. "Return Date" meai!s the last day of the fiscal year for which appropriations were made tor the Rent Paymems due under a Lease. 2. following Section 8, inciuding subsections 8.1, 8.2 and 8.3 the Master L.ease, are deleted and replaced with the "8. TfTLE: UCC FIUNG:S. "8, 1 Upon Lessee's acceotance of any Equipment under a Lease, title b the Equioment shall vest in Lessee, subject to Lessor's rights under such Le:::se including, without iimitation, Sections 6, 20 ana 21 hereof. "8.2 Lessor shall not have a secumy interest in any oftl-te Equipment under the Uniform Commercia! Code of the State of Florida, but, in order to give notice to otlJers of Lessors rights under Sectiom; 6, 20 and 2~ hereof, Lessee agrees to execute and deiiver to Lessor UCC financing statements relating to the Equipment and any amendments t'lereto." 3. All of Section 20 is deleted and replaced with the toltowmg: "20. REMBDES.. If any Event oi Default occu:s, then Lessor may, at its ootion. exercise any one or more of the following remed1es:: "Ia) Lessor may require Le;;:see to nay, and Lessee agrees thai it shall pay, (1) ali amounts then currently due under all Leases., (2) all remaining Rent Payments due under all Leases dur'lng the fiscal year in effect when the event of De!ault occurs, (3) to the extent permitted by appiicabie law, the Termination Value due under all Leases when the Event oi Default O(;CUrs after subtoacting all amounts paid by Lessee under subclause (2) otthis dause (a), and (4) interest an the toregoing amounts at the highest lawful rate from the date of Lessor's demand io; such payment; "(b) u.oon Lessors request, Less96 wili promptly return all Equipment to Lessor u; tha manner s;:;t torth in Section 21, provided, that Lessor waives and releases any right that it may have at law or in equity to specifi:; or computsmy performance of the toregoing agreement of Lessee to 1etum the Equipment to Lesso~ "(c) if Lessee returns any Equipment to Lessor under clause (b) above, then Lessor · agrees to use commercially reasonable efforts under then current circumstances to sell, !ease O' otherwise dispose of such Equipment in whoie Or in part, ir; one or more pubiic o:-private transactrons, and if Lessor so disposes of any such Equipment, then Lessor snal! retain t'1e entile proceeds of such dispositior, t-ee of any claims of Lessee up to, but not exceeding, afi amounts then currently due under all Leases, plus the Termination Value due under all Leases when the Evem of Detautt occurs plus the expenses set fort'! in dause (e) of th!s Section; "(d) subject to the provisions of the Leases that restrict Lessor's right to repossess or foreclose on the Equipment, Lessor may exercise any other right, remedy or oriviiege which may be available to Le;;;sor under appiicable law or Lessor may enforce any of Less96's obligations u0der any Lease by appro;:Hiate court action at iaw or in equity; an::!/or "(e) Lessor may require Lessee to (and Lessee agrees that ii shall pay) afi cui-of- pocket costs and expenses incurred by Lessor as a resutt (directly or indirectly) of the Event of Detautt and/or of Lessor's actions under this section, including, witnout !Imitation, any attorney tees and expenses and any costs related to the repossession, safekeeping, storage, reparr, reconditioning or disposition of any Equipment "None of the above remedies is exclusive, but each is cumulative and in addition to any other remedy available to Lessor. Lessor's exercise of one or more remedies shafi not preclude tts ex:erc!se of any other remedy, No delay or tailure on the of Lessor to exercise any remedy under any Lease shall operate as a waiver thereof, nor as an acquiescence in any defauit, nor shall any single or paiiiai exercise of any remedy preclude any other exercise the;eof or tire exerc!se of any other remedy' 4. Nothing in the Master Lease or any Schedule shall be interpreted or construed as granting Lessor a security interest in or other lien or encumbrance on any Eq•Jipment. Notwithstanding anything to tne contrary in the ht.aster Lease or any Schedule, Lessor waives and releases any rrght that it may have at law or"' equity to specific or compulsory performance of any agreement of Less* to retum the Equipment to Lessor, to transfer legal or beneficial title to the Eouipment to Lessor or to repossess or foreclose on any Equipment.' 5. Lessor acknowledges thai (a) no Lease will be a general obiigation of (b) no Lease will be payable from a pledge of ad valorem taxes, and (c) no Lease shall constitute a pledge of either the tuli faith and credit of Less* or t'ie taxing power of Lessee. 6. Except as expressly amended by this ,L\ddendum and other modifications signed by Lessor, the Master Lease remains uner.anaed and in tull force and effect. . -. IN WITNESS WHEREOF, the parties hereto have executed th!s Addendum as of the date first rete:m:mced above. City of Palm BeaG<'l Gardens (Lessee)/? / J ay'!-'---~'--------------- Titls'i-Fr,A/-f/Ve-.£ /Jtyrl:r;1/T.S:pf:A-r0~ Oshkosh Caoital LEASE SCHEDULE NO. 170328000 Dated As Of December 15, 2012 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") Oshkosh Capital ("Lessor") By: _____________ _ Title: ________ _ E28 Schedule A.;.1 1. EQUIPMENT LOCATION & DESCRIPTION: City of Palm Beach Gardens 5161 Northlake Blvd Palm Beach Gardens, FL 33418 Palm Beach County 2014 International Dura Star Braun Ambulance VIN # 2014 International Dura Star Braun Ambulance VIN# 2. LEASE PAYMENT SCHEDULE. (a) Accrual Date: December 15. 2012 (b) Amount Financed: i. Equipment Purchase Price $ 614.964.00 ii. Purchase Price Deduction $0.00 Prepay Discounts $0.00 Trade In $45.000.00 iii. Total Amount Financed (Cash Sale Price minus $ 569.964.00 Purchase Price Deductions) (c) Payment Schedule: Accrual Date: December 15, 2012 Rent Payment Rent Payment Number Date 12/15/2013 2 12/15/2014 3 12/15/2015 4 12/15/2016 5 12/15/2017 6 1/15/2018 City of Palm Beach Gardens ("Lessee") Rent Payment Amount 115,089.21 115,089.21 115,089.21 115,089.21 115,089.21 40,000.00 By:·.J..._ _____________ _ Titl~~--------------- Interest Portion 14,249.10 11,728.09 9,144.07 6,495.44 3,780.60 84.75 Oshkosh Capital ("Lessor") Principal Portion 100,840.1 i 103,361.12 105,945.14 108,593.77 111,308.61 39,915.25 By: ___________ _ Title: ___________ _ E28 Termination Value 478,506.37 373,078.03 265,013.98 154,248.34 40,713.56 1.00 VEl::JICLE SCHEDULE ADDENDUM Dated As Of December 15. 2012 Lease Schedule No. 170328000 Dated December 15. 2012 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 by law, (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 iicensed, 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") Oshkosh Capital ("Lessor") Title: _______________ _ Form8038•G Information Returnfor Tax-Exempt Governmental Obltgations (Rev. September 2011) .,_Under internal Revenue Code section 149(e) OMS No. 1545-0720 .,_ See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. 1 Issuer's name of Palm Beach Gardens 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 4 Number and street (or P.O. box ii mail is not delivered to street address) 10500 North Trail 6 City, town, or post office, state, and ZIP code Palm Beach Gardens, FL 8 Name of issue Lease Schedule #170326000 Room/suite 10a Name and title of officer or other employee of the issuer whom the IRS may call tor more intonmation (see instructions) Peter Berge! Issuer's employer identification number (EIN) 59-6045863 3b Telephone number of other person shown on 3a 5 Report number (For IRS Use 7 Date of issue 12/15/2012 9 CUSIP number 10b Telephone number of officer or other employee shown on 1 Oa 561-799-4 361 --~--~~--~--~~~----~~~~~~--~----~--~--~~-------------------------- 12 13 Transportation 14 Public safety . 15 Environment (including sewage bonds} 16 Housing 17 Utilities 18 Other. Describe ~ 19 --------------------------------------------------~~ If obligations are TANs or RANs, check 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 reasonably required reserve or replacement fund 27 Proceeds used to currently refund prior issues 28 29 30 31 32 33 Enter the remaining weighted average maturity of the bonds to be currently refunded . Enter the remaining weighted average maturity of the bonds to be advance refunded 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/DDIYYYY) For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 637735 years vears Form 8038-G (Rev. 9-2011) .... ·--------------------------------------- Form 8038-G (Rev. 9-2011) Page2 Mis.cellaneous Enter the amount of the state volume cap allocated to the issue under section i 41 (b)(5) 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) b Enter the final maturity date of the GIC ~ -------------- c Enter the name of the GIC provider~ -:-:-~-----:-~-:--:----:-:---:----:-~ 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box~ 0 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 obligation ~ -::::-::-::-:-::--:---:--:---------:------ 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(lll) (small issuer exception), check box 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . 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 43 If the issuer has established written procedures to ensure that ali nonqualified bonds of this issue according to the requirements under the Code and Regulations {see instructions), check box . 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . · are remediated ~ ~ 45a If some portion of the proceeds was used to reimburse expenditures, check here ~ 0 and enter the amount or reimbursement . . ~ b Enter the date the official intent was adopted ~ 0 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 retum information, as necessary to Paid Preparer Use Only process this return, to the person that l have authorized above. ~:gnature of issuer's authorized representative Print/Type preparer's name I Preparer's signature Rrm'sname ... Firm's address ... Date ~ype or print name and title I Date I Check 0 if I PTIN self-employed I I Rrm's EIN ... I Phone no. Form 8038-G (Rev. 9-2011) E24 RESOLUTION Municipality/Lessee: City of Palm Beach Gardens Principal Amount Expected To Be Financed: $569.964.00 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 shal! 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 , 2012.~ 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 ·~------:-=-----=---------Signature of Secretary/Clerk of Municipality [SEAL) Print Name'f----'-------------- Official TitiJ ______________ _ Date:~'------------------ 6 00'1.1145120.3 · ~ E24 CERTIFICATE OF INCUMBENCY Lessee: City of Palm Beach Gardens Lease Schedule No.: 170328000 Dated: December 15. 2012 l, 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. [SEAL] Signature of Secretary/Clerk of Lessee Print Name:'-'--------------- Official Dare: -4----------------- -~-~ ------------------------------------------------- Date: Lessee: Lessor: Re: Gentlemen: FORM OF OPINION OF COUNSEL (To Be Typed on Attorney's Letterhead Stationary) City of Palm Beach Gardens Oshkosh Caoital E34 Lease Schedule No. 170328000 dated December 15. 2012, 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 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 out 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 temns, 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 obligations under the Agreements and the transactions contemplated thereby. 6. Lessee is a political subdivision of the State as referred to in Section 103 of the Internal Revenue Code of 1986, as amended, and the related regulations and nulings thereunder. Lessor, its Assignee and any of their assigns may rely upon this opinion. Very truly yours, Attorney IOl 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:'f.....'---------------Title:-+------------- ------------------------------------ 101 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, 84-8230-05-7 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, 84-8230-05-7 Columbus, OH 43215 Please call Cheryl Kennedy at 1-800-820-9041, ext. 4, if you have any questions. Oshkosh Capital 155 E. Broad St., Locator 16-0056 Columbus, Ohio 43215 • Telephone (877) 706-1655 Bill To: City of Palm Beach Gardens I 0500 North Military Trail Palm Beach Gardens, FL 33410 Lease No. 170328000 Initial Charges: Florida Stamp Tax Remit To: INVOICE :Pie~ Retain for Futi.Jre:Reference 'Page No. 1 · . . . JN\YOICE:# T70328ooo .· INVOICE DATE 11/28/2012 Oshkosh Capital 155 East Broad Street Columbus, OH 43215 DUE DATE December 15, 2012 $2,154.06 ;PAYJHIS· JAMOllNl'. '$2,:154 :06 102 ESCROW RIDER Dated As of December 15, 2012 Lease Schedule No. 170328000 Dated December 15, 2012 :MASTER LEASE-PURCHASE AGREEMENT DATED DECEMBER 6, 2011 LESSEE: CITY OF PALM BEACH 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 defmed 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 Schedule 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 estabiished 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 fmancing 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 Conditions 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 of the 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 ne1..i 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 t:lle 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 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 of the 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 fmdings 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 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 \\'HEREOR the parties hereto have executed this Rider as of the date first referenced above. City of Palm Beach Gardens (Lessee) By:~~-------TITLif~------------------- Oshkosh Capital ·(Lessor) Bv --------------------------TITLE: ____________________ _ -3- ~~-~---~----------------------- ESCRO~'AGREEMENT THIS EsCROW AGREEMENT ("Escrow Agreement") is made as of December 15, 2012 by and among OSHKOSH CL>J>ITAL ("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 170328000 thereto dated December 15, 2012 (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 manufacturer(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 $569,964.00, 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 fmal 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 of the sum of Ten Dollars ($1 0.00) 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 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 e:x'tent 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 t.'le 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 ovvn negligence, V\rillful 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 of the 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 ofLessor. 14. This Escrow Agreement shall be governed by and construed in accordam~e with the laws in the state of the Escrow Agent's location. This Escrow Agreement constitutes the entire agree_ment 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: l0500North Military Trail Palm Beach Gardens, FL 3 341 0 U.S. BANK NATJONAL ASSOCIATION, as Escrow Agent By---------------Name: _____________ _ Title:------------- Address: -7 - 1 0 West Broad Street Columbus, OH 43215 EXHiBIT 1 Th'VESTME.NT DIRECTION LETTER U.S. Bank National Association 175 South 3rd Street CNOHTT4 Columbus, OH 43215 Re: Escrow Agreement dated as of December 15,2012, among Oshkosh Capital as Lessor, City of Palm Beach Gardens as and U.S. Bank National Association, as Escrow Agent Ladies and Gentlemen: Pursuant to the above-referenced Escrow Agreement, $569,964.00 will be deposited in escrow with you on or about December 15, 2012. Such funds shall be invested in one or more of the following qualified investments in the amounts indicated: L 2. 3. 4. 0 PLEASE CHECK DESIRED QUALIFIED 11\'VESTMENTS: Direct general obligations of the United States of .America; Obligations -the timely payment of the principal of and interest on which is fully and unconditionally guaranteed by the United States of America; General obligations of the and instrumentalities of the United States of America acceptable to Lessor; Money market funds whose investment parameters target investments in securities as described above: AMOUNT OF Ll\'VESTMENT $ ___ _ $ ____ _ $ ____ _ $ ____ _ lF NONE OF THE ABOVE BOXES ARE CHECKED, INVESTMEI\1 SHALL BE MADE IN MONEY MARKET FUNDS AS DESCRIBED IN THE FOUR Til. CATEGORY A.BOVE, UI\1IL LESSEE DIRECTS OTHERWISE. Very truly yours, CITY OF PAM BEACH GARDENS, AS LESSEE ... ~· 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 (actual/365 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 In 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. City of Palm Beach Gardens Company Name Trust Account Number-includes existing and future sub-accounts unless otherwise directed F-2004.1-1 MMDAEff 4/30/04 ~ ----------------------Signature of Authorized Directing Party ~~~---------------Title I Date Form W-9 Request for Taxpayer Give form to the ~ev.Janu~·2~ Identification Number and Certification requester. Do not send to the IRS. Depar1ment of the Tre2SU'I'}' lntema! R:eve.11ue Servi::e t>i Name (as sh:lwn on your in:::ome tax return) II>· 0> ro Q. Busin<>...ss name, i! different irom· above c: 0 e"' Q.c: O lndrviduall I 0 Exempt irom backup ~g 0 Corpora:tion n Partne.,.hip 0 Other~>-.... t> Cheok appropriate bo>:: Sole proprietor .................. ! withholdi.''lg 0 2 Address (number, street, and apt or suite no.) Requester's name and address (opt1cna~ --~II> ~.E 0. 0 = City, state, and ZIP code C) II> Q. til List account number{s) here (optional) (I) II> 0? II::F.T Ill . Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid I Soe~j'al sjeeu~!· njumbe+ r backup withholding. For individuals, this· is your social security number (SSN). However, for a resident . . . _ alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Under penalties of pe~ury, I certify that: 1. The number shown on this form is my correct ta>:payer identification number (or l am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt trom backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person Oncluding a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notifted by the IRS that you are currently subject to backup withholding because you have failed to re;>ort all interest and dividends on your ta>: return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Here I Signature of U.S. person .,.. Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, tor example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person Oncluding a resident alien), to provide your correct TIN to the person requesting it (the requester) ar1d, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting tor a number to be issued), 2.. Certify that you are not subject to backup withholding, or 3. Claim exemption trom backup withholding if you are a U.S. exempt payee. Note. If a requester gives you a form ot'"rer than Form IIV-9 to f'e':/Uest your TIN, you must use the requester's form if it is substantialiy similar to this Form \ftf-9. For te:::leral tax purposes you are considered a person if you ar<>· • An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or asso::::iation crsate::! or oraantzed in the United States or under the taws of the Unite:!-S"..ates, or Date .,.. • Any estate {other than a foreign estate) or trust. See Regulations sections 301. 7701-5(a) and 7(a) for addrtional information. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding oi Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on cer".ain types of income. However, most tax: treaties contain a provision known as a ~saving clause." Exceptions specified in the saving clause may permit an exemption trom tax to continue tor certain types of income even after the recipient has otherwise become a U.S. resident aiien tor tax: purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must at".ach a statement to Form W-9 that spe:::mes the toliowing five items: i. The treaty country. Generally, this must be the sarne treaty under which you claimed exemption trom tax as a nonresident alien. 2.. The treaty article addressing the income. 3. The article number (or lo:::ation) in the tax treaty that contains the saving clause and its ex:ceptions. Cat. No. 10231X Form W·9 ~ev. ··-2005) 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 ACCEPTANCENO. __ _ (to be submitted with each requisition request for payment to the vendor) -or- (\1) 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 «Escrowdate» (the "Escrow Agreement") by and among Oshkosh Capital (the "Lessor"), «LesseeName» (the "Lessee"), and U.S. Bank National Association (the "Escrow Agent"), the amount set forth below to the named payee(s). The amount sho-vvn 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 «SystemDate» (the "Master Lease") and Lease Schedule «LeaseNumber» thereto dated «SystemDate» (the "Schedule" and, together Vi;ith 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. PAl:"EE 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 1 0. 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 - CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject/Agenda Item: Meeting Date: December 6, 2012 Resolution 102, 2012 Approving the End of Lease Term Options with Oshkosh Capital and approving the Lease Purchase Turn-in of one new fire engine. [X] Recommendation to APPROVE [ Recommendation to DENY Reviewed by: Originating Dept.: Fire Rescue 'nistrator Advertised: NA Date: Allan Owens Paper: [ x] Not Required Submitted by: Department Director Fire Chief Affected parties Approved by: [ ] Notified [ ] Not required Costs:$ 475,727 (Total) $ N/A Current FY Funding Source: [X] Operating [ ] Other Budget Acct.#: Council Action: ] Approved ] Approved w/ conditions ] Denied ] Continued to: Attachments: • Resolution 102, 2012 -Exhibit "A": Proposal Option List -Exhibit "B": Turn-In Lease Proposal -Exhibit "C": Lease Agreement Meeting Date: December 6, 2012 Resolution 101, 2012 Page 2 of 2 BACKGROUND: The Fire Rescue Department currently maintains a fleet of seven (7) rescue units for emergency response purposes. There is one (1) rescue unit assigned to each fire station and two (2) reserve units for use at special events and as back up for the frontline vehicles. It is important to note that both of the unit replacements have exceeded their scheduled replacement cycle and will continue to increase in maintenance costs due to their age and condition. These vehicles have logged high mileage due to their age. One rescue unit has logged 66,788 miles, 9,113 hours, which equate to an additional 291,616 miles for a grand total of 358,404 miles and the other rescue unit has logged 84,469 miles, 8,444 hours, which equate to an additional 270,208 miles for a grand total of 354,677 miles. Maintenance costs for these vehicles last year were $36,022. Additionally, this will eliminate the expenditure of Fleet Funds and transfer a lease payment to the Fire Rescue Budget. The first payment will not be due until December 2013, effectively delaying the first payment of the Lease until the 2013/2014 Fiscal Year. The Agreement provides for annual payments of $115,089.21 commencing December 2013. The Agreement also provides for the ability at the end of the lease term to either purchase the vehicles by making a balloon payment ($40,000.00) or turn in the vehicles and execute another lease agreement. This purchase is being made using the Florida Fire Chiefs Association Bid #11-10-1202, Specification #02, at a cost of $561,964.00 (including the trade of R2 &R3 at $45,000). STAFF RECOMMENDATION: Staff recommends approval of Resolution 101, 2012 as presented. P~LM BEACH GARDENS ·~ zmique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698 PURCHASING AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Piggyback/Access Contract TITLE: Fire Rescue Vehicles & Other Fleet Equipment DATE ADVERTISED: Not applicable WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: CONTRACT TERM: Ten-Year Lease CONTRACT NO.: FSA 11-10-1202 DEPARTMENT: Fire Rescue BIDS/PROPOSALS DUE DATE: Not applicable RESPONSES RECEIVED: Not applicable CONTRACT VALUE: Four Hundred and Seventy Five, Seven Hundred and Twenty Seven ($475,727.00) OPTIONS TO RENEW: Not applicable BACKGROUND: The Fire Rescue Department currently maintains a fleet of seven fire engines for emergency response purposes. There is one engine assigned to each fire station and two reserve units for use at special events and as back up for the frontline vehicles. Over the past year, Engine 7 (E-7) has required numerous repairs and is more costly to maintain. The engine is a 2000 model and will be traded in and replaced with the new engine. This vehicle has logged 74983 miles, estimated 600 hours, which equate to an additional19,200 miles for a grand total of 94,183 miles. Maintenance costs for this vehicle last year were $12,815. This purchase is being made using the Florida Sheriffs Association Bid #11-10-1202 at a cost of $475,727.00 (including the trade of E-7). The Lease provides for ten (10) annual payments of $47,454.68 commencing December 6, 2013. The Agreement also provides for the ability at the end of the lease term to either purchase the vehicle by making a balloon payment {$85,254.83) or turn in the vehicle and execute another lease agreement. COMMENTS: This type of lease-buy-back arrangement allows the City to properly manage its fire equipment vehicle resources without having to make large one-time payments to acquire equipment. R. Max Lohman Finance Allan Owens Km! Ra 0 APPROVED 0 NOT APPROVED 0 DEFERRED CITY MANAGER OR DESIGNEE DATE -----~----------------------------- 1 RESOLUTION 102,2012 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) 2012 PIERCE IMPEL PUMPER FROM 7 TEN-8 FIRE EQUIPMENT, INC., AN AUTHORIZED DEALER FOR 8 FIRE ENGINES IN THE STATE OF FLORIDA; AUTHORIZING THE 9 CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY 10 TO EFFECTUATE SUCH LEASE PURCHASE AGREEMENT; 11 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 12 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 a fleet of seven (7) 19 fire engines for emergency response purposes, with one (1) engine assigned to each 20 fire station and two (2) reserve units for use at special events and as backup for the 21 frontline vehicles; and 22 23 WHEREAS, the City desires to lease purchase one (1) 2012 Pierce Impel HDR 24 Pumper, as described in Exhibit "A," to replace one (1) reserve engine which will be 25 traded in on the new engine with the trade-in value of $45,000 being applied to the 26 lease purchase price pursuant to the Tum-In Lease Proposal, which is attached hereto 27 as Exhibit "B"; and 28 29 WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to 30 "piggyback" an agreement awarded by another governmental agency pursuant to a 31 competitive sealed bid; and 32 33 WHEREAS, the City Council deems approval of this Resolution to be in the best 34 interests of the health, safety, and welfare of the residents and citizens of the City of 35 Palm Beach Gardens and the public at large to grant a lease purchase award to Ten-8 36 Fire Equipment, Inc., an authorized dealer for Pierce fire engines, and financed through 37 Oshkosh Capital, based on an agreement executed by the Florida Sheriffs Association 38 Bid #11-10-2012, Specification #16 -Level I Custom Pumper, a copy of which is 39 attached hereto as Exhibit "A," for the purchase of one (1} 2012 Pierce Impel HDR 40 Pumper. 41 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF PALM BEACH GARDENS, FLORIDA that: 45 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 46 Page 1 of3 Resolution 1 02, 2012 1 SECTION 2. The City Council hereby approves the purchase of one (1) 2012 2 Pierce Impel HDR Pumper from Ten-8 Fire Equipment, Inc. for an amount not-to- 3 exceed $475,727.00, and authorizes the City Manager to act on behalf of the City of 4 Palm Beach Gardens in order to negotiate, enter into, execute, and deliver one or more 5 Lease Agreements in substantially the form set forth in Exhibit "C", attached hereto and 6 incorporated herein, which is presently before the City Council. The City Manager, 7 acting on behalf of the City of Palm Beach Gardens, is hereby specifically authorized to 8 negotiate, enter into, execute, and deliver such other documents relating to the Lease 9 Agreement as the City Manager deems necessary and appropriate to effectuate such 10 agreement. 11 12 SECTION 3. This Resolution shall become effective immediately upon adoption. 13 14 15 16 17 (The remainder of this page intentionally left blank) 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 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 1 02, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. . CITY OF PALM BEACH GARDENS, FLORIDA BY: -----------------Robert G. Premuroso, Vice Mayor ATTEST: BY: ---------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: ·---------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 102 2012-Engine Purchase.doc Page 3 of 3 ~~-------------------------------------- Resolution 102, 2012 EXHIBIT "A" PROPOSAL FOR FURNISHING FIRE APPARATUS City of Palm Beach Gardens 10500 N Militaty Trail Palm Beach Gardens, FL 33410 November 6, 2012 The undersigned is p1:epared 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 Impel Custom Pumper -Proposal #349 $ 520,727.00 Purchase Through Florida Sheriffs Contract #11-10-1202 for Fire Rescue Vehicles and Other Fleet Equipment Trade of a 2000 Pierce Dash Pumper, vehicle to be in good working, pumping ( 45,000.00) Total$ 475,727.00 condition at time of delivery 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 180 working days after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Palm Beach Gardens FL. The specifications herein contained shall form a patt of the final 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 fire apparatus conforms with all Federal Depatiment ofTranspmtation (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 patiy because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set fmth above. Unless accepted within 45 days from date, the right is reserved to withdraw this reposition. 1 Michael Schneider SD1397 PERFORM. LIKE NO OTHER:" Revised: 12/29/2008 DATE: TO: October 30, 2012 FLORIDA SHERIFFS ASSOCIATION P. 0. Box 12519 " Tallahassee. FL 32317-2519 PHONE (850) 877-2165 ,. FAX (850) 878-8665 WEB SITE: W\V\V.flsherifts.org PROSPECTIVE PURCHASING AGENCIES FROM: Peggy Goff Lynn Meek Vehicle Contract Manager Cooperative Bid Coordinator RE: Extension of Bid 11-10-1202 Fire Rescue Vehicles & Other Fleet Equipment The Florida Sheriffs Association will extend Bid 11-10-1202 through December 31, 2013. All terms and conditions will remain the same with the exception of the date. The Florida Sheriffs Association has allowed an increase of three percent (3%} on the base price of the vehicles and all options offered through Bid ll-10- 1202, as allowed in Part B, item thirteen (13). Due to the increase in chassis prices, this increase will be effective immediately. Purchase orders should start at the base price for the vehicle being purchased and show the allowed increase. The end user should request documentation from the manufacturers in order to substantiate the increase. We appreciate your loyalty and continued support. FIRE RESCUE VEHICLES & OTHER FLEET EQUIPMENT Participating Law Enforcement, Fire/Rescue & Local Governmental Agencies of the State of Florida Coordinated By The Florida Fire Chiefs • Association, Florida Sheriffs Association & Florida Association of Counties FLORIDA t\SSOCJATION OF COUNTIES -All About Florida TABLE OF CONTENTS Effective Dates & Ordering Instructions ........................................................................................ 10 Overvie\V of A·warded Specifications ............................................................................................... ll Awarded Manufacturers/Dealers .................................................................................................. 29 Basic Information REQUIRED for Purchase Orders ....................................................................... 31 Specification #0 I -Type 1 Ambulance 4x2 .................................................................................. 32 Ford XLT F-350 ................................................................................................................. 34 Ford XL T F -450 ................................................................................................................. 35 Ford XLT F-550 ................................................................................................................. 36 Chevy Silverado 3500 HD ............................ : ..................................................................... 37 Dodge Ran1 3500 ............................................................................................................... 38 Dodge Ran1 4500 ............................................................................................................... 39 Dodge Ram 5500 ............................................................................................................... 40 Specification #02 -Type I Ambulance, Medium Duty-4x2 ........................................................... 41 Ford F-650 ........................................................................................................................ 43 Freightliner M2 .................................................................................................................. 44 International Terrastar SFA ............................................................................................... 45 International Durastar 4300M7 ......................................................................................... 46 International Dura star 4300LP .......................................................................................... 4 7 International Durastar 4400LP .......................................................................................... 48 Spartan Metro Star RT ...................................................................................................... 49 Specification #03-Type II Ambulance. Van 4x2 ........................................................................ 50 Ford E-350 ........................................................................................................................ 52 Sprinter .......................................................................................................................... 53 Specification #04 -Type III Ambulance 4x2 ................................................................................ 54 Ford XL E-350 ................................................................................................................... 56 Ford XL E-450 ................................................................................................................... 57 Chevy G3500 ..................................................................................................................... 58 Chevy G4500 ..................................................................................................................... 59 GMC G3500 ................................................ : ..................................................................... 60 GMC G4500 ...................................................................................................................... 61 Sprinter .......................................................................................................................... 62 Specification #05 75' Mid Mounted Aerial Apparatus .................................................................. 63 Fanned Stainless Steel Body Aluminum Ladder Sutphen Corporation Sutphen SL75 ................................................................. 68 Specification #06 75' Rear Mounted Aerial Apparatus ................................................................. 69 Extruded Aluminum Body Aluminum Ladder Hall-Mark Fire Apparatus (E-ONE) E-ONE HP 75 ............................................. 74 Bid Award Announcement (11-1 0-1202) 2 Specification #06-75' Rear Mounted Aerial Apparatus (continued) Steel Ladder Crimson Fire (Public Safety ... )-C1imson 75RMA ................................................. 75 Fen·ara Fire Apparatus, Inc .. -Igniter XD ............................................................ 75 Fen-ara Fire Apparatus. Inc. -Inuucler ............................................................... 75 Rosen bauer South Dakota, LLC-Spartan Metro Star 75' ................................... 75 Formed Aluminum Body . Aluminum Ladder Pierce Manufacturing, Inc. -Pierce Impel 75' I-IDL .............................................. 76 Steel Ladder Americart LaFrance. LLC -American LaFrance 75RML ....................................... 77 Crimson Fire (Public Safety ... )-Cr;imson 75RMA ................................................ 77 Kovatch Mobile Equip. Corp. (KME} -KME Predator Aerial Cat FL0675 ................ 77 Pierce Manufacturing, Inc. -Pierce Impel 75' HDL .............................................. 77 Rosenbauer South Dakota, LLC-Spartan Metro Star 75' ................................... 77 Formed Stainless Steel Body Steel Ladder American LaFrance, LLC-American LaFrance 75RML ....................................... 78 Crimson Fire (Public Safety ... )-Crimson 75RMA ................................................ 78 Specification #07-100' Mid Mounted Aerial Apparatus ................................................................ 79 Extruded Aluminum Body Steel Ladder Ferrara Fire Apparatus. Tnc. -Igniter XD ............................................................ 84 Fe1rara Fire Apparatus, Inc. -Spectr .................................................................. 84 Formed Aluminum Body Steel Ladder Kovatch Mobile Equip. Corp. (KME)-KME Predator Aeria!Cat FL07100 .............. 85 Pierce Manufactming. Inc.-Pierce Alrow XT HDL .............................................. 85 Formed Stainless Steel Body Aluminum Ladder Sutphen Corporation-Sutphen SLlOO ............................................................... 86 Specification #08-100' Rear Mounted Aerial Apparatus ............................................................... 87 Extruded Aluminum Body Aluminum Ladder Hall-Mark Fire Apparatus (E-ON E) -E-ONE HP l OOL ......................................... 92 Steel Ladder Crimson Fire (Public Safety ... }-C1imson lOORMA .............................................. 93 Ferrara Fire Apparatus, Inc. -Igniter XD ............................................................ 93 Fenara Fire Apparatus, Inc. -Spectr .................................................................. 93 Rosenbauer.South Dakota. LLC-Spartan Gladiator 100' ................................... 93 Formed Aluminum Body Aluminum Ladder Pierce Manufacturing, Inc.-Pierce Arrow XT HDL .............................................. 94 Steel Ladder American LaFrance, LLC -American LaFrance 1 OORMA ..................................... 95 Kovatch Mobile Equip. Corp. (KME)-KME Predator AerialCat FL08l03 .............. 95 Pierce Manufacturing, Inc. -Pierce Arrow XT HDL .............................................. 95 Rosen bauer South Dalwta. LLC -Spartan Gladitor 1 00' ..................................... 95 Formed Stainless Steel Body Aluminum Ladder Pierce Manufacturing. Inc. -Pierce Arrow .A'T HAL-SS ......................................... 96 Bid Award Announcement (11-10-1202) 3 Specification #08-1 00' Rear Mounted Aerial Apparatus (continued) Formed Stainless Steel Body Steel Ladder American LaFrance, LLC-Ametican LaFrance lOORMA ..................................... 97 Crimson Fire {Public Safety ... ) -Crimson 100RMA .............................................. 97 Specification #09 -Mid Mounted Aerial Platform ......................................................................... 98 Extruded Aluminum Body Aluminum Ladder Hall-Mark Fire Apparatus (E-ON E) -E-ONE HP 95 MM .................................... 103 Steel Ladder Crimson Fire (Public Safety ... ) -Ctimson MM 100' ............................................ 104 Ferrara Fire Apparatus. Inc. Igniter XD .......................................................... 104 Ferrara Fire Apparatus. Inc.-Spectr ................................................................ 104 Rosenbauer South Dakota, LLC-Spartan Gladiator ......................................... 104 Formed Aluminum Body Steel Ladder American LaFrance, LLC -American LaFrance lOOMMP ................................... 105 Kovatch Mobile Equip. Corp. (KME) -Ki\t1E Predator Ae1ialCat FL09100 ............ 105 Pierce Manufactming. Inc. Pierce Anow XT Mid Mount.. ................................ 105 Rosenbauer South Dakota, LLC-Spartan Gladitor ........................................... 105 Formed Stainless Steel Body · Ahnninum Ladder Sutphen Corporation SPH 100 .. .. .. . .. . . .. .. .. .. . . . .. . .. .. .. .. .. . . .. . . . . .. . . . . .. . . . .. .. .. .. . .. . .. .. .. 1 06 Sutphen Corporation-SPllO ........................................................................... 106 Steel Ladder American LaFrance, LLC -Ame1ican LaFrance 1 OOMMP ................................... 107 Crimson Fire (Public Safety ... ) -Crimson MM 100' ............................................ 107 Specification # 10 -Rear Mounted Aerial Platform ....................................................................... 108 Extruded Aluminum Body Aluminum Ladder Hall-Mark Fire Apparatus (E-ONE)-E-ONE HP lOOP ....................................... 113 Steel Ladder Crimson Fire (Public Safety ... ) Ctimson Star RM 100' ..................................... 114 Ferrara Fire Apparatus, Inc. Igniter XD .......................................................... 114 Fenara Fire Apparatus. Inc. Spectr ................................................................ 1 14 Rosenbauer South Dalwt.a, LLC-Spartan Gladiator. ...................................... 114 Formed Aluminum Body Aluininum Ladder Pierce Manufacturing, Inc. Pierce Arrow XT Rear Mount PAP .......................... 115 Steel Ladder American LaFrance. LLC American LaFrance 1 OORMP ................................... 116 I\:ovatch Mobile Equip. Corp. (KME)-KME Predator AertalCat FL010102 .......... 116 Pierce Manufacturing, Inc. Pierce Arrow XT Rear Mount PAP .......................... 116 Rosen bauer South Dakota, LLC Spartan Glaclitor ........................................... 116 Fanned Stainless Steel Body Steel Ladder American LaFrance. LLC American LaFrance l OORMP ................................... 117 C1imson Fire {Public Safeiy ... ) Crimson Star RM 100' ..................................... 117 Bid Award Announcement (11 ~1 0·1202) 4 Specification # 11 -Medium Duty Rescue Apparatus-4x2 .......................................................... 118 Extruded Aluminum Body Freightliner M2-106 ........................................... : ..................................................... 121 Crimson Fire (Public Safety ... )-Crimson Star MR ............................................ 121 Ferrara Fire Apparatus. Inc.-FFA 108 MDR Rescue ........................................ 121 Hall-Mark Fire Apparatus (E-ONE) -E-ONE REHN ........................................... 121 Rosenbauer South Dakota, LLC-:-FSA Rescue 11 ............................................. 121 Wheeled Coach Industries, Inc.-Rescue Force FLS11ITLNR. ........................... 121 International Durastar ............................................................................................. 122 Crimson Fire (Public Safety ... )-Crimson Star MR ............................................ 122 Ferrara Fire Apparatus, Inc. -FFA 108 MDR Rescue ........................................ 122 Hall-Mark Fire Apparatus (E-ONE)-E-ONE REHN ........................................... 122 Rosen bauer South Dakota, LLC-FSA Rescue 11 ............................................. 122 Wheeled Coach Industries. Inc.-Rescue Force FLS111NTL ............................... 122 Formed Aluminum Body Freightliner M2-1 06 ................................................................................................. 123 American LaFrance, LLC -American LaFrance 16' WI AR ................................. 123 Kovatch Mobile Equip. Corp. (KME)-KME FLl1MDR ....................................... 123 Pierce Manufacturing, Inc. -Pierce MDR .......................................................... 123 Rosen bauer South Dakota, LLC -FSA Rescue 11 ............................................. 123 Toyne, Inc. (Southeastern ... )-Toyne Medium Rescue ....................................... 123 International Durastar ............................................................................................. 124 American LaFrance, LLC-American LaFrance 16' W IAR ................................. 124 Kovatch Mobile Equip. Corp. (KME)-KME FL11MDR ....................................... 124 Pierce Manufacturing. Inc.-Pierce MDR .......................................................... 124 Rosenbauer South Dakota, LLC-FSA Resc\.1e 11 ............................................. 124 Sutphen Corporation-Sutphen CR Series Rescue ............................................ 124 Toyne, Inc. (Southeastern ... ) -Toyne Medium Rescue ....................................... 124 Specification #12-Heavy Rescue Apparatus ............................................................................... 125 Extruded Aluminum Body Crimson Fire (Public Safety ... )-C1imson Star HR .................................................... 128 Ferrara Fire Apparatus, Inc. -Igniter XD XMFD ...................................................... 128 Ferrara Fire Apparatus. Inc. -Intruder MFDXL. ....................................................... 128 Hall-Mark Fire Apparatus (E-ONE) -E-ONE REI-IN Typhoon .................................... 128 Rosenbauer South Dakota, LLC -Spartan Force ...................................................... 128 Formed Aluminum Body American LaFrance, LLC-American LaFrance 18' W 1 A CR. ...................................... 129 Kovatch MobHe Equip. Corp. (1-\ME) -KME Predator FL12HDR. ................................ 129 Pierce Manufacturing, Inc.-Pierce Saber HDR ........................................................ 129 Rosen bauer South Dakota, LLC -Spartan Force ...................................................... 129 Sutphen Corporation-Sutphen R Series ................................................................. 129 Toyne. Inc. (Southeastern ... ) -Spartan Heavy Rescue ............................................... 129 Specification # 13-2500 Gallon Mobile Water Supply Fire Apparatus-2 Door.. .......................... 130 Extruded Aluminum Body Freightliner M2-1 06 .............................................................................. _.................. 134 Crimson Fire (Public Safety ... )-Crimson Star Tanker. ...................................... 134 Ferrara Fire Apparatus, Inc.-FFA T2500 Tanker ............................................. 134 Hall-Mark Fire Apparatus (E-ONE)-E-ONE TTSA ............................................ 134 International Workstar ............................... : ............................................................. 135 Crimson Fire (Public Safety ... )-Crimson Star Tanker. ...................................... 135 Fetrara Fire Apparatus, Inc.-FFA T2500 Tanker ............................................. 135 Hall-Mark Fire Apparatus (E-ONE)-E-ONE TTSA ............................................ 135 Bid Award Announcement (11-10-1202) 5 Specification #13-2500 Gallon Mobile Water Supply Fire Apparatus-2 Door (continued) Formed Aluminum Body Freightliner M2-1 06 ................................................................................................. 136 American LaFrance, LLC -American LaFrance 1'/ A Tanker ............................... 136 Kovatch Mobile Equip. Corp. (KME)-KME Flatbacl< FL132500 ......................... 136 Pierce Manufacturing, Inc.-Pierce Contender Se1ies ........................................ 136 Rosenbauer South Dakota, LLC-FSA Tanker 13 ............................................. 136 Toyne, Inc. (Southeastern ... ) -Toyne FFCSA-2500 ............................................ 136 International Workstar .............................................................................................. 137 American Lafrance. LLC-American LaFrance T I A Tanker ............................... 137 Kovatch Mobile Equip. Corp. (KME)-KME Flatback FL132500 ......................... 137 Pierce Manufacturing, Inc.-Pierce Contender Series ........................................ 137 Rosenbauer South Dakota. LLC-FSA Tanker 13 ............................................. 137 Toyne, Inc. (Southeastern ... )-Toyne FFCSA-2500 ............................................ 137 Formed Galvanneal Steel Body Freightliner M2-106 ................................................................................................. 138 Kovatch Mobile Equip. Corp. (KME)-KME Flatback FL132500 ......................... 138 International Workstar ............................................................................................. 139 Kovatch Mobile Equip. Corp. (KME)-KME Flatback FL132500 ......................... 139 Formed Stah1less Steel Body Freightliner M2-l 06 . . .. . .. .. .. . .. . .. . .. . .. . .. .. . . .. . .. . .. . . .. . . .. . .. . .. . . .. .. . . .. .. . .. . .. .. . .. . .. . . .. . .. . . .. . . . .. .. . 140 Crimson Fire (Public Safety ... )-Crimson Star Tanker ....................................... 140 Kovatch Mobile Equip. Corp. (KME)-KME Flatbacl< FL132500 ......................... 140 Toyne, Inc. (Southeastern ... )-Toyne FFCSA-2500 ............................................ 140 International Workstar............................................................................................. 141 Crimson Fire (Public Safety ... )-C1imson Star Tanker ....................................... 141 I<ovatch Mobile Equip. Corp. (KME)-KME Flatbaek FL132500 ......................... 141 Sutphen Corporation-Sutphen CTS-2500 Tanker ........................................... 141 Toyne, Inc. (Southeastern ... ) -Toyne FFCSA-2500 ............................................ 141 Specification# 14-Wilcllru1d Fire Apparatus ............................................................................... 142 Ford F -550 . .. . . . . .. . .. . . . . . . .. . . . .. .. . . . .. . .. . .. .. .. .. . . . .. . . . .. . .. .. .. . .. . .. . .. . . . . . . . . .. . .. . .. .. . . . .. . .. . .. . . .. .. .. .. . .. .. . .. . 145 American LaFrance, LLC -Wildland Brush ....................................................... 145 Fen·ara Fire Apparatus, Inc. -Wildland Brush .................................................. 145 Hall-Mark Fire Apparatus (E-ONE)-Wildland .................................................. 145 Kovatch Mobile Equip. Corp. (KME)-KME WildlandFL14WF'A .......................... 145 Pierce Manufactming. Inc.-Pierce F550 Wildland ............................................ 145 Toyne, Inc. (Southeastern ... )-Wildland Brush ................................................. 145 Dodge Ram 5500 . . . . . . .. . .. .. . . . . . . .. .. . . . . .. .. . .. . .. .. .. . .. . . .. .. . . . . . . .. . .. . .. .. . .. . . .. . .. . . .. . . . .. .. . . .. . .. .. .. . . .. . .. . .. . 146 American LaFrance, LLC -Wildland Brush....................................................... 146 Ferrara Fire Appru·atus, Inc.-Wildland Brush .................................................. 146 Hall-Mark Fire Apparatus (E-ONE)-Wildland .................................................. 146 Kovatch Mobile Equip. Corp. (KME)-KME Wildland FL14WFA ......................... 146 International Durastar 4300M7 ....................................................................................... 147 American LaFrance, LLC-Wildland Brush ....................................................... 147 Kovatch Mobile Equip. Corp. (KME)-KME Wildland FL14WFA ......................... 147 Toyne, Inc. (Southeastern ... )-Wildland Brush ................................................. 147 . Specification # 15 -Commercial Pumper -2 Door........................................................................ 148 Extruded Aluminum Body Freightliner M2-1 06 ................................................................................................. 151 Crimson Fire (Public Safety ... )-Crimson Star Pumper ...................................... 151 Ferrara Fire Apparatus, Inc.-FFA RP751 Pumper ............................................ 151 Hall-Mark Fire Apparatus (E-ONE)-E-ONE TDPM ........................................... 151 Rosen bauer South Dakota. LLC-FSA Pumper 13 ............................................ 151 Bid Award Announcement (11-1 0-1202) 6 Specification # 15 Commercial Pumper 2 Door (continued) E:Aintded Aluminum Body International Durastar ............................................................................................. 152 Crimson Fire (Public Safely ... )-Crimson Star Pumper. ..................................... 152 Ferrara Fire Apparatus, Inc. -FFA RP751 Pumper ............................................ 152 Hall-Mark Fire Apparatus (E-ONE)-E-ONE TDPM ........................................... 152 Rosenbauer South Dakota, LLC -FSA Pumper 13 ............................................ 152 Sutphen Corporation Sutephen Cl Pumper .................................................... 152 Formed Aluminum Body Freightliner M2-106 .......................... : ...................................................................... 153 American LaFrance, LLC American LaFrance S/M Pumper ............................. 153 Crimson Fire (Public Safety ... ) -Crimson Star Pumper.. .................................... 153 I<ovatcJ1 Mobile Equip. Corp. {KME)-KME Challenger FL15COML .................... 153 Pierce Manufacturing, Inc. Pierce Contender Series ........................................ 153 Rosenbauer South Dakota, LLC-FSA Tanker 13 ............................................. 153 Toyne, Inc. (Soutl1eastern ... ) Toyne FFCSA Pumper ........................................ 153 International Durastar : ..................................................................................... : ..... 154 Ametican LaFrance, LLC Ametican LaFrance S/M Pumper ............................. 154 Ctimson Fire (Public Safety ... )-Ctimson Star f>umper ... ; .................................. 154 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL15COML .................... 154 Pierce Manutactming, Inc.-Pierce Contender Sertes ........................................ 154 Rosenbauer South Dakota, LLC-FSA Tanker 13 ............................................. 154 Toyne, Inc. (Southeastern ... ) -Toyne FFCSA Pumper ........................................ 154 Formed Galvanneal Steel Body Freightliner M2-l 06 ................................................................................................. 155 Kovatch Mobile Equip. Corp. (1\ME}-KME Challenger F'Ll5COML.. .................. 155 International Workstar ......................... , ................................................................... 156 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL15COML.. .................. 156 Formed Stainless Steel Body Freightliner M2-l 06 .. .. . .. . . .. . .. . .. . . .. . .. .. .. . .. .. .. . .. .. .. .. . .. . . . .. .. .. .. . . .. .. . .. . .. . . . . .. .. . .. . .. .. .. . . . .. . .. . 15 7 Ame1ican LaFrance. LLC-American LaFrance S/M Pumper ............................. 157 Crimson Fire (Public Safety ... )-Ctimson Star Pumper ...................................... 157 Hall-Mark Fire Appamtus (E-ONE)-E-ONE PSTS ............................................ 157 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL15COML .................... 157 Toyne. Inc. (Southeastern ... ) -Toyne FFCSA Pumper. ....................................... 157 International Dnrastar ............................................................................................. 158 Amelican LaFrance, LLC Ame1ican LaFrance S/M Pumper ............................. 158 Climson Fire (Public Safety ... )-Crimson Star Pumper.. .................................... 158 Hall-Mark Fire Apparatus (E-ONE)-E-ONE PSTS ..................................... : ...... 158 Kovatch Mobile Equip. Corp. (l\ME)-KME Challenger FL15COML.. .................. 158 Toyne, Inc. (Southeastern ... ) Toyne FFCSA Pumper ........................................ 158 Specification #16 Level I Custom Pumper 4 Door ................................................................... 159 Custom Chassis Extruded Aiun1inu1n Body........................................................................................ 162 Hall-Mark Fire Apparatus (E-ONE) -E-ONE Typhoon Pumper .......................... 162 Sutphen Corporation S-Series Custom.................... .. .. . .. .. .. .. . .. . .. . .. .. . .. . .. .. .. . . .. 162 Formed Aluminun1 Body .......................................................................................... 163 Kovatch Mobile Equip. Corp. (I\ME)-KME Challenger FL16LVL1 ..................... 163 Pierce Manufacturing, Inc. Pierce Saber Series ............................................... 163 Sutphen Corporation S-Se1ies Custom ........................................................... 163 Formed Galvan neal Steel Body................................................................................. 164 Kovatch Mobile Equip. Corp. (KME)-KME Challenger FL16LVL1 ..................... 164 Pierce Manufacturing, Inc. Pierce Velocity SLT Series ..................................... 164 Bid Award Announcement (11-10-1202) 7 Specification # 16-Level I Custom Pumper-4 Door (continued) Formed Stainless Steel Body .................................................................................... 165 Hall-Marl{ Fire Apparatus (E-ONE)-E-ONE Typhoon Pumper .......................... 165 Kovatch MobHe Equip. Corp. (KME)-KME Challenger FL16LVL1 ..................... 165 Pierce Manufacturing. Inc. -Pierce Impel SS Series .......................................... 165 Spartan Chassis Extruded Aiun1inu1n Body ........................................................................................ 166 Crimson Fire (Public Safety. .. )-Crimson Metro Star Pumper L1 ....................... 166 Rosenbauer South Dakota. LLC-Spartan Force 16 .......................................... 166 Fanned Aluminum Body .......................................................................................... 167 C1imson Fire (Public Safely ... ) -Crimson Metro Star Pumper Ll ....................... J 67 Rosenbauer South Dakota, LLC-Spartan Force 16 .......................................... 167 Toyne, Inc. (Southeastern ... ) -Toyne Spartan Metro Star FFCSA ...................... 167 Formed Stainless Steel Body .................................................................................... 168 Crimson Fire (Public Safety ... ) -Crimson Metro Star Pumper Ll ....................... 168 Toyne. Inc. (Southeastern ... )-Toyne Spartan Metro Star FFCSA ...................... 168 HME Chassis E:>..'truded Alu1ninum Body........................................................................................ 169 Ferrara Fire Apparatus, Inc. -Intruder. ............................................................ 169 Fanned Aiurninun1 Body .......................................................................................... 170 Toyne, Inc. (Southeastern ... ) -Toyne 1871 W FFCSA ......................................... 170 Formed Stainless Steel Body .................................................................................... 171 Toyne, Inc. (Southeastern ... ) -Toyne 1871WFFCSA ......................................... 171 American LaFrance Chassis Formed Altuninum Body .......................................................................................... 172 American LaFrance. LLC-American LaFrance Custom S/M Pumper ................ 172 Formed Stainless Steel Body .................................................................................... 173 . American LaFrance, LLC -American LaFrance Custom S/M Pumper ................ 173 Specification# 17-Level II Custom Pumper-4 Door .................................................................. 174 Custom Chassis Extruded Aluminun1 Body ....................................... , ................................................ 178 Ferrara Fire Apparatus, Inc. -Igniter XD LFD ................................................... 178 Hall-Mark Fire Apparatus (E-ONE)-E-ONE Cyclone Pumper ........................... 178 Rosenbauer South Dalwt.a, LLC -Commander FSA 17 ..................................... 178 Sutphen Corporation -Monarch Series Custom ................................................ 178 Formed Aluminun1 Body .......................... · ................................................................ 179 Kovatch Mobile Equip. Corp. (KME) -KME Flatback FL17LVL2 ........................ 179 Pierce Manufacturing, Inc. -Pierce Arrow XT Se1ies ......................................... 179 Rosen bauer South Dakota, LLC -Commander FSA l 7 ..................................... 179 Formed Galvanneal Steel Body ................................................................................. 180 l):ovatch Mobile Equip. Corp. (KME) -KME Flatback FL17LVL2 ........................ 180 Pierce Manufacturing. Inc.-Pierce Quantum Series ......................................... 180 Forn1ed Stainless Steel Body .................................................................................... 181 Hall-Mark Fire Apparatus (E-ONE)-E-ONE Cyclone Pumper ........................... 181 Kovatch Mobile Equip. Corp. (KME) -KME Flatback FL17LVL2 ........................ 181 Pierce Manufacturing, Inc.-Pierce Velocity Series ............................................ 181 Spartan Chassis Extruded Aluminum Body ............ , ........................................................................... 182 Crimson Fire (Public Safety ... ) -Crimson Metro Star Pumper L2 ....................... 182 Rosen bauer South Dakota, LLC -Spartan Gladiator 17 .................................... 182 Foi·mecl Alun1inu1n Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Crimson Fire (Public Safety ... ) -C1imson Metro Star Pumper L2 ....................... 183 Rosenbauer South Dakota, LLC-Spartan Gladiator 17 .................................... 183 Toyne, Inc. (Southeastern ... ) -Toyne Spartan Gladiator. ................................... 183 Bid Award Announcement (11-10-1202) 8 Specification # 16 -Level I Custom Pumper 4 Door (continued) Spru.tan Chassis Formed Stainless Steel Body .................................................................................... 184 Crimson Fire (Public Safety ... ) -Crimson Metro Star Pumper L2 ....................... 184 Toyne, Inc. (Southeastern ... ) -Toyne Spartan Gladiator .................................... 184 HME Chassis Extruded Ahnninum Body ........................................................................................ 185 · Ferrara Fire Apparatus. Inc. -Spectr LFD ......................................................... 185 Forn1ed Ah.uninum Body .......................................................................................... 186 Toyne, Inc. (Southeastern ... ) -Toyne Spectr ..................................................... 186 Formed Stainless Steel Body ................ : ................................................................... 187 Toyne, Inc. (Southeastern ... ) -Toyne Spectr ..................................................... 187 Amertcan LaFrance Chassis Forn1ed Alu1ninum Body .......................................................................................... 188 Ametican LaFrance, LLC American LaFrance Custom Rescue Pumper ............ 188 Formed Stainless Steel Body .................................................................................... 189 American LaFrance, LLC-American LaFrance Custom Rescue Pumper ............ 189 Mears Motor Leasing .................................................................................................................. 190 Enterprise Fleet Manage1nent ..................................................................................................... 191 Bid Award Announcement (11-1 0-1202) 9 ~ FLORIDA ASSOCJATlON OF COUNTIES -All About Florida FLORIDA FIRE CHIEFS' ASSOCIATION 9 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2012 LEVEL I CUSTOM PUMPER Specification # 16 (Custom Chassis -4 Door) The Custom Pumper, purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a prut of this contract's vehicle base price as awaT(:led by manufacturer by specification. MODEL: BASE PRICE: BODY: MANUFACTURER: MODEL: BASE PRICE: BODY: MANliFACTURER: E-ONE Typlloon Pumper $271,734.00 Formed Stainless Steel Hall-Mark Fire Apparatus (E-ONE} Pierce Impel SS Series $308,890.00 Fanned Stainless Steel Pierce Manufacturing, Inc. K.ME Challenger FL16LVL1 $278,274:.00 Formed Stainless Steel Kovatch Mobile Equip. Corp. (I\ME) While the Florida Fire Chiefs' Association, Florida Sheriffs Association and Florida Association of Counties have attempted to identify equipment required to meet all cunent NFPA 1901, (2009 edition), applicable for pumper fire apparatus Chapter 5 and other required chapters, FMVSS (applicable areas) and NHTSA standards, we realize equipment needs and preferences are going to vary from agency to agency. Any options required or required by purchaser sh.all be made through the vendor listed. Purchasers are advised that the above referenced vehicle specification comes equipped as a base unit only. The Florida Fire Chiefs' Associatio~1, Florida Sheriffs Association and Flmida Association of Counties have identified and equipped the base unit with those specifications and equipment items required to meet all current NFPA Since equipment needs and preferences are going to vary from agency to agency, any additional options required or changes to the base unit desired by the purchaser shall be made through the manufacturer listed. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate vendor. Bid Award Announcement (11-10-1202) 165 ~ ~· FA~ FLORIDA AGSOCl!\TlON 01' COUNTIES ---All About Florida FLORIDA FIRE CHIEFS' ASSOCIATION, FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES Base Specifications SPECIFICATION # 16 -LEVEL Jr CUSTOM PUMPER ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED THE CUSTOM CAB AND CHASSIS SHALL BE PROVIDED BY THE BODY MANUFACTURER l. CHASSIS a. 110,000 psi heat treated steel frame rail system b. 10 gauge polished stainless steel 16" to 24" extended front bumper with aluminum diamond plate gravel shield c. Tow hooks or eyes front and rear attached to the frame d. 18.000 pound minimum front axle, suspension. tubeless radial tires, steel disc wheels e. 24,000 pound minimum rear axle, suspension, tubeless radial tires, steel disc wheels f. Front and rear mud flaps g. NFPA 1901 Chapter 4. 15.3 top speed rating requirement h. S-cam air brakes or equivalent. as large as possible, with automatic slack adjusters i. Manufacturer's standard compressor j. Minimum 4200 cubic inch air reservoir capacity k. Air dryer, color coded air lines, turn drain valves on reservoirs I. ABS brakes m. Power steering with tilt/telescopic wheel n. Vehicle data recorder (VDR) in compliance with Chapter 4.11 with required software meeting 4.11.8 o. Electronic Stability Control shall be provided in compliance with NFPA 1901 Chapter 4.13.1.2 if the manufacturer cannot comply with Chapters 4.13.1.1 through 4.13.1.1.3.2. p. Tire pressure monitoring system with Chapter 4.13.4 2. POWERTRAIN a. Mh1imum 350 horsepower turbocharged diesel engine with 1000 ft. lb. torque rating b. Engine exhaust at front of right rear wheels c. Secondmy engine braking d. Engine mmmfacturer's statement of engine installation approval with approved cooling system e. Diivelines to meet engine torque rating f. Silicone coolant hoses with constant torque clamps g. Automatic transmission Bid Award Announcement {11-10-1202) 159 Base Specifications # 16 -Level I Custom Pumper h. 50 gallon minimum fuel tanll: i. OEM oil, fuel, transmission filters 3. CAB a. Manufacturer's standard medium length tilt aluminum cab meeting NFPA 1901 Chapter 14.3.2 b. Seating for four, three in SCBA seats with SCBA brackets c. Air ride dtiver seat. all others fixed position d. All persons in 3-point seat belts per ~hapter 14, seats equipped with seat belt/occupant detection/warning system per Chapter 14 e. Electric over hydraulic cab tilt with manual back-up f. Single tone cab paint finish with 10 year paint warranty pro-rated g. Air conditioning and heating h. Remote controlled mirroxs (from driver's position) with separate flat and convex sections i. DOT compliant headlights j. Forward facing turn and warning lights k. Cornering turn and warning lights 1. Minimum four {4} dome lights with red and clear bulbs m. Minimum four {4) under cab step lights n. Cab and compartment door ajar light and buzzer o. One (l) engine compartment light p. Color coded and function coded wiring q. Altemator sized according to amp draw report r. Minimum four {4) 750 CCA batteties s. Load manager with automatic high idle function t. Dual air horns with dual in-cab controls 4. LIGHTS AND SIRENS a. NFPA compliant upper and lower level warning light package b. Siren/FA -200 watts c. 100-watt speaker d. Two rear deck lights 5. BODY a. Bidders to bid on each of their offered construction types: " Extruded aluminum o Formed aluminum o Formed galvanneal steel • Formed stainless steel b. Bidders to state thicknesses, alloys and construction methods of all materials used in body construction c. Minimum of 3 compartments driver side of body, full height compartments d. Minimum of 2 low side compartments right side of body e. Lights in compartments to meet NFPA 1901 Chapter 13.10.5 f. One (1) full height, full depth compartment rear of body g. Back up alarm . h. Right side brackets for 24' 2-section, 14' roof, 1 o· attic ladders and 2 pike poles, ladders to be included i. Hose bed with hose restraints to be NFPA compliant; including one (1) adjustable divider j. Steps and handrails for climbing from gr01.md to hose bed -bidders to state exact design Bid Award Announcement (11-10-1202) 160 Base Specifications # 16 -Level I Custom Pumper k. Lights at each step L Stop/turn/back up lights m. DOT clearance and marker lights n. License plate light o. Two (2) rear deck lights p. Rub rail along each side of body and rear of body q. Running boards at each pump panel r. Brushed stainless steel or black non-glare aluminum pump panels s. Hose bed lighting musl be provided per NFPA J 90 l Chapter 13.10.2 t. Minimum 4" reflective sbipe on cab and body, chevron striping on rear of body per NFPA 1901 6. PUMP 7. 8. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. 1250 gpm drive shaft driven split shaft pump per NFPA 1901 Chapter 16 One 3" deck gun discharge Four 2.5" discharge outlets (includes one (1} rear 2-1/2" discharge) One 2.5" suction inlet on left pump panel Two 6" steamer inlets with caps Discharge and inlet pressure reliefs Two l. 75" crosslays with 2" piping One 3" tank to pump line One 2" tank fill line 30 degrees turn downs Anti-vibration gauges Color coded pump panel tags Stainless steel plumbing with 1 0-year warranty Side mount pump panel with all pump controls. instruments, ru1d gauges located on the drivers side pump panel (not in a compartment) 1 5 ft. of soft suction hose sized for capacity of fire pump a. 750-gallon T-type tank (U.S.) poly. b. Lifettme warranty c. 12" x 12" fill tower a. Mru1Ufacturer wil1 submit cubic feet and size of compartments with bid. 9. WARRANTY a. 1 year bumper to bumper mechanical, excluding normal wear and tear items b. 10 year cab and body structural c. 10 yeal' paint pro-rated d. 10 year corrosion perforation on cab and body e. Lifetime frame warranty f. 2 year axle warranty g. 5 year engine warranty h. 5 year transmission warranty i. 5 year fire pump warranty j. Lifetime booster tank Bid Award Announcement {11-1 0-1202) 161 Customer: Representative : Organization : Requirements ' Description : Body: Chassis: Line Option 0010012 2 0661794 3 0584456 4 0584452 5 0588609 6 0670275 7 0533316 8 0533347 9 0588611 10 0661778 11 0008036 12 0536644 13 0537375 14 0030006 15 0050066 16 00.00007 17 0002928 18 0597578 19 0000110 20 0000070 21 0000203 22 0060637 23 0508849 24 0010427 25 0087572 26 0000322 27 0594821 28 0019611 29 0530467 30 0544244 31 0122074 32 0000485 33 0588537 34 0019668 35 0568081 36 0545391 37 0003245 38 0003240 39 0002045 Proposal Option List Palm Beach Gardens Fire Rescue Schneider Michael Ten-8 Fire Equipment, Inc Impel Custom HDRP Pumper Pumper, Heavy buty Rescue, Alum Impel Chassis, HDRP, 2010 Option Description Bid Number: DB Version: Bid Date: Job Number: Florida Sheriff's Association Bid #11-1 0-1202, Specification #16 Single Source Compliance Manufacture Location: Appleton, Wisconsin RFP Location: Appleton, Wisconsin Vehicle Destination, US Uriit to be Similar in some Aspects, Excluding Pump Panel Fill in Blank-Job 24301 Comply NFPA 1901 Changes Effective, Jan 1, 2009, With Exceptions Pumper/Pumper with Aerial Device Fire Apparatus Vehicle Certification, Pumper Agency, Apparatus Certification, Pumper/Tanker, U.L. Career/Paid Department Customer Service Website Unit of Measure, US Gallons Bid Bond not requested Performance Bond, 100% Req'd (Statement by Rep) Approval Drawing Electrical Diagrams Impel Chassis, HDRP, 2010 Wheelbase Wheelbase-212" GVWRating GVW rating -53,800 Frame Rails, 13.38 x 3.50 x .375, DLX/Qtm/Enf/AXT!ImpNei!Dash CF Frame Liner, lnv "L" 12.68" x 3.00" x .25", AXTNelllmp, Full Length 349 02.00.0317.0000 11/15/2012 Axle, Front, Oshkosh TAK-4, Non Drive, 22,800 lb, lmpNei/Dash CF Suspension, Front TAK-4, 22,800 lb, DLX/Enf/Qtm/AXT!ImpNei/Dash CF Shock Absorbers, KONI, on TAK-4 DLX/Qtm/AXT/EnfllmpNei!Dash CF Oil Seals, Front Axle Tires, Front, Goodyear, G296 MSA, 425/65R22.50, 20 ply Wheels, Front, Alcoa, 22.50" x 12.25", Aluminum, Hub Pilot Axle, Rear, Meritor RS30-185, 31,000 lb, lmpNei/Dash CF Top Speed of Vehicle, 60 MPH Suspen, Rear, Standens, Spring, 31 ,000 lb, lmpNei/Dash CF Oil Seals, Re.ar Axle Tires, Rear, Goodyear, G287 MSA, 315/80R22.50, 20 ply, Single Wheels, Rear, Alcoa, 22.50" x 9.00", Aluminum, Hub Pilot, Single Tire Balancing, Counteract Beads Tire Pressure Monitoring Valve Cap Qty, Tire Pressure lnd -6 Axle Hub Covers w/center hole, S/S, Front Axle Axle Hub Covers, Rear, S/S Baby Moon (Pair) Mud Flaps, w/logo front & rear Page 1 of 12 11/7/2012 Qty Price 1 308,890.00 0.00 0.00 1 0.00 1 0.00 1 0.00 1 0.00 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 0.00 0.00 0.00 0.00 0.00 1 0.00 1 0.00 1,574.89 1 13,703.00 1 0.00 1 0.00 1 0.00 1 1,573.33 4,788.00 1 0.00 0.00 0.00 0.00 1 2,817.00 1 0.00 0.00 93.86 1 108,92 1 0.00 40 0544802 Chocks, Wheel, SAC-44-E, Folding 1 494.08 Qty, Pair-01 43 0544806 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal 1 345.18 Location, Wheel chock -DS D1 Qty, Pair-01 42 0010670 ABS Wabco Brake System, Single rear axle 1 0.00 43 0030185 Brakes, Knorr/Bendix 17", Disc, Frt, TAK-4, DLX/Enf/Qtm/AXT/ImpNei/Dash CF 1 0.00 44 0000740 Brakes, Meritor, Cam, Rear, 16.50 x 8.63" 1 583.93 45 0020784 Air Compressor, Brake, Cummins!Wabco 18.7 CFM 1 0.00 46 0000786 Brake Reservoirs, Four 1 0.00 47 0568012 Air Dryer, Wabco System Saver 1200, 2010 1 0.00 48 0000790 Brake Lines, Nylon 1 0.00 49 0000858 lnleUOutlet, Air, w/Disconnect Fitting 1 245.00 Location, Air Coupling(s) -h) DS Pump Panel Qty, Air Coupling (s)-1 50 0014130 Air Tank, Additional for Extra Air Horn Capacity 334.32 51 0666640 Engine, Cummins ISL9, 450 hp, 1250 ft-lb, W/OBD, EPA 2013, lmpNel 9,239.00 52 0001244 High Idle w/Eiectronic Engine, Custom 0.00 53 0687994 Engine Brake, Jacobs Compression Brake, 2010 Cummins Engine 0.00 Switch, Engine Brake-e) ISC/ISM/ISL9/ISX Hi Med Lo 54 0552334 Clutch, Fan, Air Actuated, Horton Drive Master 0.00 55 0001332 Fuel/Water Separator, Racor lnline, IAT 408.45 56 0071333 Indicator Light and Alarm, Racor 402.40 57 0123135 Air Intake, w/Ember separator, lmpNel 1 0.00 58 0597542 Exhaust System, 4", 2010 ISL9/ISC8.3 Engine, Horizontal, Officer Side 1 0.00 59 0557543 Radiator, lmpNel 0.00 60 0511426 Cooling Hoses, Silicone 1 1,753.75 61 0051125 Fuel Tank, 75 Gallon, Left Side Fill, DLX/Qtm/AXTNelllmp/Dash CF 1 0.00 62 0001129 Lines, Fuel 1 0.00 63 0595087 DEF Tank, 4.5 Gallon, DS Fill, Forward of Rear Axle, DD13, ISL9, ISX 1 0.00 64 0552793 Not Required, Fuel Priming Pump 1 0.00 65 0582243 Shutoff Valves, Fuel Line @ Primary Filter, 2010 Cummins Engine 1 0.00 66 0699437 Cooler, Chassis Fuel, Not Req'd. 1 0.00 67 0551793 Trans, Allison Gen IV 3000 EVS P, lmpNei/Dash CF, With Prognostics 1 0.00 68 0011477 Transmission, Shifter, 5-Spd, Push Button 0.00 Trans, ratio-3000 EVS, 5Spd 69 0679627 Transmission Oil Cooler, Champ, lmpNel 0.00 70 0027843 Fluid, 3000 Series Trans, Allison Approved TES-295 Synthetic, IPOS, Custom 245.07 71 0001370 Driveline, Spicer 1710 0.00 72 0669988 Steering, Sheppard M110 w/tilt, TAK-4, Eaton Pump, w/ Cooler 1 0.00 73 0001544 Not Required, Steering assist cylinder on front axle 1 0.00 74 0509230 Steering Wheel, 4 Spoke without Controls 2,086.39 75 0690274 Logo/Emblem, on Dash 0.00 Text, Row One-Palm Text, Row Three-Gardens Text, Row Two-Beach 76 0524744 Bumper, 22" Extended Steel Painted, lmpNel 0.00 77 0510226 Lift & Tow Package, lmpNel, AXT, Dash CF 0.00 78 0002270 Tow Hooks, Chrome 1 0.00 79 0659326 Center Tray Not Required 1 0.00 80 0591012 Hose Restraint, Bumper Tray, Straps with Fasteners 1 137.47 Location 7 -passenger's side Qty,-01 Type of fastener-2" side release 81 0012222 Tray, (1) Hose Right Side of Bumper 1 . 375.17 Capacity, Bumper Tray-20) 125' of 1.75" Grating, Bumper extension-Grating, Rubber 82 0595326 Cab, lmpel2010, 7010 Raised Roof 3,085.00 Page 2 of 12 83 0677478 Rear Wall, Exterior, Cab, Aluminum Tread plate 0.00 84 0122465 Cab Lift, Elec/Hyd, lmpNel 0.00 85 0123176 Grille, Bright Finished, Front of Cab, lmpeiNelocity 989.00 86 0512716 Scuffplate, Rear of Engine Tunnel, VEL/IMP 293.48 Material Trim/Scuffplate -a) 4-way alum, Bright 87 0002224 Scuffplates, S/S At Cab Door Jambs 626.29 Material Trim/Scuffplate -c) S/S, Polished 88 0527034 Trim, SIS Band Across Cab Face, Rect Lights, Impel 0.00 Material Trim/Scuffplate-e) S/S, Patterned 89 0015440 No Chrome Molding, On side of cab 0.00 90 0032191 Mirrors, Ramco, w/bolt-on convx, htd/rmt, Door mnt (6000FFHR-750) 1 931.00 91 0525761 Door, Half-Height, Raised Roof Cab, Brushed Stainless Panel 0.00 92. 0528167 . Not Required, Scuffplates, Cab Door, lmpNel 1 0.00 93 0550229 Storage Pockets w/ Elastic Cover, Recessed, Rotomolded, lmpNel 1 0.00 94 0510218 Controls, Electric Windows, All Cab Doors, Impel & Velocity 1 0.00 95 0555485 Steps, 4-Door Full Tilt Cab, Std, lmpNel 1 0.00 .96 0509649 Lights, Cab and Crew Cab Access Steps, P25, LED w/Bezel, 1 Light Per Step 1 0.00 97 0002140 Fenders, SIS on Cab 1 0.00 98 0199227 Window, Side of C/C, PS Fixed/DS None, lmpNel 1 0.00 99 0553147 Trim, Cab Side Window, PS, Impel 1 423.72 100 0012090 Not Required, Windows, Front/Side of raised roof 1 0.00 101 0509287 Windows, Rear CC, (2) 8" x 14", lmpNel 1 0.00 102 0553198 Trim, Cab Rear Windows, Impel 1 435.47 103 0199688 Cab Interior, ABS Console, Painted Side Walls, lmpNel 1 0.00 Color, Cab Interior Paint-a) gray Color, Cab Interior Vinyl/Fabric-a) Silver/Gray 104 0509492 Cab Interior, paint color, lmpNel 1 0.00 Color, Cab Interior Paint-a) gray 105 0509532 Floor, Rubber Padded Cab & Crew Cab, lmpNel, Dash CF 1 0.00 106 0122520 Heater/defroster, lmpNel 1 0.00 107 0.559378 Air Conditioning, lmpNeiNel SL T 1 0.00 108 ·0543257 Grab Handles, Driver Door Post & Passenger Dash panel, lmpNel 1 0.00 109 0002526 Light, Engine Compt, All Custom Chassis 1 0.00 110 0122516 Fluid Check Access, lmpNel, AXT 1 0.00 111 0002508 Map box, 3 bin/30 deg slant, Custom Chassis 406.94 Location -at final Qty,-1 112 0583040 Frontal Impact Protection 2,144.68 113 0699999 Not Required, Frontal Impact Protection, 2010 1 0.00 114 0699998 Not Required, Side Roll Protection Package, 2010 0.00 115 0000109 Seating Capacity, Cab 5 0.00 Qty,-05 116 0697006 Seat, Driver, Pierce PS6, Premium .• Frontal Impact, Air Ride Hi-Back 1,166.00 117 0696991 Seat, Officer, Pierce PS6, Premium, Frontal Impact, Air Ride, SCBA 814.00 118 0510039 Radio Compt, Under Ctr Fwd Facing Crew Seats, lmpNel 1 0.00 119 0697550 Cabinet, EMS, Rear Facing, DS, 26.75 W x 20.00 H x 30.50 D, Ext Access Only 1 1,347.00 Light, Short EMS Compt-Amdor, Left Side 120 0102783 Not Required, Seat, Rr Facing C/C, Center 0.00 121 0677671 Cabinet, EMS, Rear Facing, PS, 20 Wide x 20 High x 26 Deep, Lt Feature 1,515.08 Door, EMS Cabinet-Amdor Roll Up Dr, No Lock Light, Short EMS Compt-Amdor, Left Side 122 0199330 Seat, Forward Facing C/C, DS Outboard, Pierce PS6, Base, SCBA, Foldup 878.93 123 0123170 Seat, Forward Facing C/C, Center, (1) Pierce PS6, Base, SCBA 0.00 124 0199329 Seat, Forward Facing C/C, PS Outboard, Pierce PS6, Base, SCBA, Foldup 878.93 125 0042264 Shelf, Adjustable, EMS Compt, 1.25" Lip 128.59 Location -DS rear facing ems cabinet Qty, Shelf-01 126 0566653 Upholstery, Seats In Cab, Turnout Tuff 1 0.00 Page 3 of 12 Color, Cab Interior Vinyl/Fabric-m) Gray 127 0543991 Bracket, Air Bottle, Hands-Free II, Cab Seats 4 2,423.00 Qty,-04 128 0553393 Seat Belt Height Adjustment, lmpNel, Dash CF 5 49.00 Qty,-05 129 0547293 Seat Belts, Red 0.00 "130 0691237 Seat Belt Monitoring System 1 0.00 131 0543133 Bracket, Helmet Holder, Zico UHH-1 1 278.65 Qty, Helmet Storage Brkt-5 "132 0546692 Lights, Dome, Weldon, 8080-8000-13, 2-Dual LED Lights, Black Bez 1 210.04 133 0582829 Lights, Dome CC, (2) Weldon, 8080-8000-13 LED, Red/Clear, Blk Bezel 1 0.00 134 0544420 Handlights, (4) Streamlight Fire Vulcan, 44401 12v, Orange 1 932.13 Location, lights -one under each rear fold up seat, one next to oficer and driver seat inboard of just behind shoulder, 135 0568369 Cab Instruments, Ivory Gauges, Chrome Bezels, lmpeiNelocity 2010, Dash CF 1 1,752.03 136 0509511 Air Restriction Indicator, lmpNel, AXT, Dash CF 1 0.00 137 0543751 Light, Do Not Move Apparatus 1 0.00 Alarm, Do Not Move Truck-a)alarm 138 0509042 Messages, Open Door/Do Not Move Truck, lmpNel, Vel SL T, AXT, Dash CF 1 0.00 139 0509921 Switching, Cab, Membrane, lmpeiNelocity/Quantum, AXT MUX, Dash CF 0.00 Location, Emerg Sw Pnls-Driver's Side Overhead 140 0555915 Wiper control, 2-speed with intermittent, lmpeiNelocity, Dash CF 0.00 141 0548004 Wiring, Spare, 15 A 12V DC 1st 1 129.32 12vdc power from -a) battery direct Location -on dash officer side at 132, match 25562 Qty,-01 Wire termination-p) 15 amp power point plug 142 0548006 Wiring, Spare, 15 A 12V DC 2nd 1 86.97 12vdc power from-a) battery direct Location -next oto officer location for customer TIC, leave 3' Qty,-01 Wire termination -b) butt splice 143 0548009 Wiring, Spare, 20 A 12V DC 1st 3 285.58 12vdc power from -a) battery direct Location -locate one behind upper panel #4 and #6 and behind officer seat Qty,-03 Wire termination -b) butt splice 144 0683734 Vehicle Information Center, LCD On Gauge Cluster w/7'' Color Display, Impel 3,231.94 Location, CZ Display-DS lnstrum~nt Panel, Impel Camera System 145 0543930 Vehicle Data Recorder, Dual Module 0.00 146 0662781 Intercom, Firecom 5100D Single Radio, 5-Pos, D,0,3C 2,333.92 location, intercom, C Cab-3) 3 forward facing seats 147 0006240 Cable, Radio to Intercom Interface, Fire-Com, Single 383.14 Radio, First Two-Way Make -Motorola High Power Radio, First Two-Way Model -Motorola XTL 2500 148 ·0681393 Headset, Firecom, FH-54 Over Head, Intercom Only, Mic On/Off 3 1,385.50 Location -three rear seats Qty,-03 149 . 0681413 Headset, Firecom, FH-51 Over Head, Radio Transmit 2 923.67 Location -DS/OS seats Qty,-02 150 0681408 Hangers For Headsets, NFPA, Each 5 109.13 Location -with ea hs Qty,-05 151 0559156 Install Customer Provided Two-Way Radio(s) 822.20 Location -TBD same as 25562 Qty,-01 152 0559505 Install Customer Provided GPS Antenna(s) 212.18 Page 4 of 12 Location -same as 25562 Qty,-01 153 0559511 Install Customer Provided MDT, Bracket Only 1 159.14 Location -TIC 154 0062356 Antenna, Mount Only, VariableThickness, Custom 1 119.09 Location -to be determined Qty,-01 155 0540118 . Camera, Safety Vision, Mux Display, Rear Camera Only 1 1,338.43 Camera System Audio-Speaker Behind Driver 156 0509967 Pierce Command Zone, Advanced Electronics and Control System 1 0.00 157 0509732 Electrical System, lmpeiNelocityNelocity SL T 1 0.00 158 0079211 Batteries, (6) Exide Grp 31, 950 CCA each, Threaded Stud 1 455.00 159 0008621 Battery System, Single Start, All Custom Chassis 1 0.00 160 0123174 Battery.Compartment, lmpNel 1 0.00 161 0531324 Charger, Sngl Sys, Kussmaul, 1000,091-56-12 w/ Battery Saver 1 1,210.95 162 0012782 Location, Charger, Front Left Body Compartment 1 0.00 Location -DS D3 up high front wall as shown 163 0531403 Location, Battery Charger Indicator, Driver's Seat with Bracket 213.72 164 0016848 Shoreline, 20A 120V, Kussmaul Auto Eject 1 417.86 Color, Kussmaul Cover -d) yellow Connection, Shoreline -Batt charger Qty, Shoreline-1 165 0026800 Shoreline Location 83.05 Location, Shoreline (s)-18) DS Step Well 166 0121714 Alternator, 340 amp, Niehoff C620 810.00 167 0092582 Load Manager/Sequencer, MUX 0.00 Enable/Disable Hi-Idle-e)High Idle enable 168 ·0525517 Lighting, FMVSS, Cab, P25 LED Clrnc!ID, lmpNel Rect Headlts 0.00 169 0511567 Lights, Identification/Clearance, Rear, Truck-Lite, 15050R and P25 LED 0.00 170 0564683 Lights, Tail, Whelen M6BTI Red LED Stop/Tail, M6T Am LED, Arw Dir, For Tl Lt 701.23 Hsg 171 0551875 Lights, Backup, Whelen M6BUW, LED 540.97 172 0664481 Bracket, License Plate & Light, P25 LED 70.52 173 0556853 Bezels, Whelen, (2) M6 chrome Pierce, For mtg (3) Whelen M6lights 399.09 174 0589905 Alarm, Back-up Warning, PRECO 1040 0.00 175 0068678 Light, Directional/Marker, Intermediate Light, Truck-Lite Model 60115Y LED, IPO 0.00 176 0536455 Lights, Perimeter Scene Cab Exits, Amdor Lumabar, Model H20, AY-9500-020, 20" 4 0.00 location-* 177 0538271 Qty, Lights-04 Lights, Perimeter Scene, Truck-Lite 6060C LED Grmt (4) Us Pump Panel/Rear Step 357.00 Switch, Location, Perim-P. Brake & Cab Switch 178 0556360 Lights, Step, P25 LED 41ts 0.00 179 0097930 Housing, Light, Painted Blister 2 393.30 Location, lights-upper body each side per print. Qty,-02 180 0690426 Light, Visor, FRC,12V FCA851-V15, LED 1st 1,284.48 Location, driver's/passen -center Qty,-01 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 181 0690442 Light, FRC, 12V FCA530-V15, LED, Push Up, Side Mount 1st 2 3,439.88 Location, lights -each side on rear of cab Qty,-02 Switch, Lt Control1 DC,1 -a) DS Switch Panel Page 5 of 12 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 To Do Not Move Truck U-c) Connected to Lt 182 0005955 Lights, beck, Unity (2) AG, Rear, (1) Spot, (1) Flood 0.00 183 0077700 Pumper, Heavy Duty Rescue, Alum -3,655.00 184 0554271 Body Skirt Height, 20" 1 0.00 185 "0503432 AudioNideo Network Not Provided 1 0.00 186 0077703 Tank, Water, 1000 Gallon, Poly, HDR Pumper 1 3,596.00 187 0003405 Overflow, 4" Water Tank, Poly 1 0.00 188 0028104 Foam Cell Required 1 0.00 189 0553729 Not Required, Restraint, Water Tank, Heavy Duty 0.00 190 0003429 No Direct Tank Fill Req'd 0.00 191 0003424 (No Dump Valve required) 0.00 192 0048710 Jet Assist Not Req'd 0.00 193 0514778 Not Required, Switch, Tank Dump Master 1 0.00 194 0512473 Hose Bed, HDR Pumper (Capacity) 1 0.00 Fill in Blank-1500' 5" (match 19461) 195 0013481 Not Required, Hose Bed Capacity 0.00 196 0073494 Not Required, Divider, Hose Bed -449.00 197 0591033 Hose Restraint, Hosebed, Vinyl, Top and Rear 1 318.00 Color, Vinyl Cover -f) gray Type of fastener-Velcro/Snaps-Sides of Hosebed Type offastener, Front-Velcro with snaps-Front Hosebed Type of fastener, Rear-2" side release -bottom of hose bed Vinyl flap weight -lead shot 198 0077725 Runningboard, HDRP 0.00 199 0689411 Tailboard, 10" Deep, Full Width, Extended Substructure 1,110.38 200 .0690037 Wall, Rear, Smooth Aluminum/Body Material 0.00 Material Trim/Scuffplate-a) 4-way alum, Bright 201 0023531 Tow Hooks, HDRP 0.00 202 . 0590926 Hose Restraint, Running Board, Velcro Straps 2 225.61 Location, Hose Tray, runn -a) both sides Qty, Tray, Hose-2 203 0014112 Tray, Hose, Running Board, Special Capacity 2 1,098.27 Capacity, Hose Tray-25' 5" Location, Hose Tray, runn -a) both sides Qty, Tray, Hose -2 204 0077723 Construction, Compt, Alum, HDR Pumper 0.00 205 .0087706 Camp!, OS, Rollup, HDR Pumper, 174" 11,956.00 206 0087709 Compt, PS, Rollup, HDR Pumper, 174" 12,419.00 207 0692733 Doors, Gortite, Roll-up, Side Compartments 6 0.00 Color,Gortite,Roll-upDoor-Painted Latch, Gortite, Roll-up-locking, 1250, match compartments Qty, Door Accessory-06 208 0087712 Compt, Flush Rear, Rollup, 51"H, HDRP 0.00 209 0692746 Doors, Gortite, Roll-up, Rear Compartment 0.00 Color,Gortite,Roll-upDoor-Satin finish Latch, Gortite, Roll-up -Non-locking Liftbar 210 0554995 No Body Modification Required 1 0.00 211 0553653 Scuffplate, Aluminum Treadplate, Rear Body, Location 1 192.55 Location-above compartment R1 (per print) 212 0689549 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door 7 1,243.58 Location -all compartments Qty,-07 213 0020569 No Hatch Compt Lights Required, HDRP 0.00 214 0687146 Shelf Tracks, Painted 7 815.38 location -in all compartments with shelves or trays Page 6 of 12 Qty, Shelf Track-07 215 0687112 Shelves, Adjustable, 500 lb Capacity, Full Width/Depth, Painted 11 1,913.66 Location, Shelf-2ea. 0-1 upper, 1 ea. 0-2, 3 ea. 0-3 1 ea. upper, & 2 ea.lower, 1 ea. P-1, 1 ea. P-2, 2 ea. P-3, and 1 ea. R-1 Qty, Shelf-11 216 0003982 Tray, 500 lb Slide-out, 2" Sides-Floor Mounted 2 1,462.29 Location -P1, 01 Qty, Tray (slide-out) -02 217 0004016 Rubrail, Aluminum Extruded, Side of Body 0.00 218 0510626 Fender Crowns, Rear, SIS, Wider Than Std. 828.94 219 "0004069 Hose, Hard Suction, 6.00", Clear Corrugated PVC 2 2,148.14 Qty, Hard Suction Hose -2 220 0004090 Troughs, (2), H.S.H., OS High Side 875.90 Fill in Blank-6x10 221 0578764 Handrails, Side Pump Panels (4), Per Print 0.00 222 0004126 Handrail, Beavertail -Std. 0.00 223 0004146 Handrail, Rear Below Hose Bed 0.00 224 0064150 Handrail, Extra -20-30" Long 2 456.86 Location, Handrails-one each side at pump panel step/light shield Qty, Handrails -02 225 0004210 Compt, Air Bottle in Fender Panel 497.70 Location, Bracket/camp. -next to fuel fill Qty, Air Bottle Camp -1 226 0074210 Compt, Air Bottle in Fender Panel, Obi Wide 2 1,564.21 Location, Bracket/camp. -fender fr/rr of wheel Qty, Air Bottle Camp -2 227 0064217 Storage Bin, Extinguisher(s) 4 562.75 Location, Bracket/camp. -03 4 across bottom Qty,-04 228 0004225 Ladder, 24' Duo-Safety 900A 2-Sect 0.00 229 0004230 Ladder, 14' Duo-Safety 775A Roof 0.00 230 0077719 Rack for Ladder Not Req'd on PS 0.00 231 0014245 Ladder, Folding, 10' 585A, Duo-Safety, w/Mtg 0.00 Location, Fold Ladder-d) Ladder camp 232 0548193 Pole, Pike 8' Nupla, Fiberglass, I Beam, SPD-8 237.50 Location -TBD Qty, Pike Poles -1 233 0552649 Pole, Pike 6' Fire Hooks Unlimited, New York Roof Hook, RH-6 160.49 Location -TBD Qty, -01 234 0694160 Ladder/Pike Pole/Backboard Storage, Special, Smooth Alum Door, 1 ,000 Gal HDRP 2,912.00 OS 235 .0593072 Steps, Folding, Front of Body, wiLED, Trident 0.00 Coating, Step-luminescent 236 0084150 Ladder, Swimming Pool, (New StYle) IPO Steps 596.11 Location -passenger side 237 0592990 Step, Folding -Extra, Body Only, Luminescent wiLED, Trident 3 837.03 Location, Additional Step-one (1) additional on OS front bulkhead & two (2) additional on PS front bulkhead Qty, Folding Step-03 238 0004435 Pump, 2000 CSU Single Stage,Waterous 5,824.00 239 0004482 Seal, Mechanical, Waterous 766.98 240 0091446 Pump Setup Charges N/A 0.00 241 0559769 Transmission, Pump, Waterous C20 Series 0.00 242 0535256 Shift, Air w/ Manual Over, Split Shaft PTO,Waterous 0.00 243 0003148 Transmission Lock-up, EVS 0.00 244 0004547 Auxiliary Cooling System 0.00 245 0014486 (No Transfer Valve Required on 1 Stage Pump) 0.00 Page 7 of 12 246 0004517 Valve, Relief Intake, Elkhart 1 0.00 247 0564941 Controller, Pressure, FRC, Pump Boss, PBA200 1 0.00 248 ,QQ72153 Primer, Trident, Air Prime, Air Operated 1 .0.00 249 0058516 Manuals, Pump (2), CD 1 0.00 250 0089351 Plumbing, Stainless Steel & Hose (Control Zone) 1 0.00 251 0064656 Not Required, Black Iron Pipe with S/S Plumbing 1 0.00 252 0004645 Inlets, 6.00"-1250 GPM or Larger Pump 1 0.00 253 0004646 Cap, Long Handle Pump Inlet, NST-VLH 1 0.00 254 0533193 Valves, Elkhart Unibody -All Ball Valves 1 0.00 255 0004660 Inlet, LH Side, 2.50" gated 1 0.00 256 0004680 Inlet, RH Side, 2.50" gated 1 1,093.73 257 0016158 Valve, lnlet(s) Recessed, Side Cntrl, "Control Zone" 2 0.00 Qty, Inlets-2 258 0004700 Inlet Control At Valve 1 0.00 259 0092569 No Rear Inlet (Large Dia) Requested 1 0.00 260 0092696 No Rear Suction Cap 1 0.00 261 0064116 No Rear Inlet Actuation 1 0.00 262 0009648 No Rear Intake Relief Valve Req'd 1 0.00 263 0092568 No Rear Inlet (auxiliary) Requested 1 0.00 264 0563738 Valve, .75 Bleeder, Aux. Side Inlet, Swing Handle 1 0.00 265 0029043 Line, 3.00" Tank to Pump 1 0.00 266 0004905 Outlet, 1.50" Tank Fill 1 0.00 267 0004940 Outlet(s), LH Side, 2.50" 2 0.00 Qty, Discharges -02 ' 268 0092570 No Additional Outlet (LH) Requested 1 0.00 269 0004945 Outlet(s), RH Side, 2.50" 2 0.00 Qty, Discharges -02 270 0011668 Outlet, RH, 3.00" w/3.00" (added), Handwheel Control 1 2,322.11 Qty, Discharges -01 271 0029137 Not Requested, Large Diameter Discharge 0.00 272 0025000 Outlet, Front, 2.50" w/2.50" plumb & polished SIS swivel 1 2,710.89 Location, Outlet a) passenger's side Qty,-01 273 0092575 No Rear Outlet Requested 0.00 274 ·0092574 No Rear Outlet {Added) Requested 0.00 275 0092573 No Hosebed/Running Board Outlet 1 0.00 276 0085076 Caps for 1.50" -3.00" Discharges -VLH 1 0.00 277 0563739 Valve, .75 Bleeder, Discharges, Swing Handle 1 0.00 278 0005091 Elbows, 45 Degree-2.50" Outlets LH-VLH 1 0.00 279 0035094 No Elbows Req'd (Added LH Outlets) 1 0.00 280 0025091 Elbows, 45 Degree -2.50" Outlets RH -VLH 0.00 281 0045097 Elbow, 3" FNST x 5" Storz w/Cap 1 225.06 282 0045099 No Elbows Req'd, Rear Outlets 1 0.00 283 0085695 No Elbows Req'd, Added Rear, Large Outlet 0.00 284 0007308 No Elbows Req'd, Side Large Dia Discharge 0.00 285 o0062133 Control, Outlets, Manual, Pierce HW if applicable 0.00 286 0528897 Outlet, 3.00" Deluge Riser, Elkhart Vlve w/Handwheel, Special Height 0.00 Location -a minimum of 5.00" above body flange 287 0066206 Monitor, Elkhart "Vulcan" Manual Control No Ground Base 1,981.53 288 0046997 Nozzle, Elkhart ST-194, Stacked Tips and 282 A shaper 628.81 289 0005072 Deluge Mount, 3" ANSI 4 Bolt Flange 1 114.97 290 0025140 Not Required, 1.50" Crosslays 1 0.00 291 0092183 Deadlay(s) No Plumbing, Spl Capacity, 1 1,130.75 c·apacity, Special Xlay-450' 2.5 in 5 stacks same as 19461 Qty, Deadlays-1 292 0064896 Speed, (2) 1.5" WI Poly Tray, Top MUSide Cntrl, Std. Cap. 2,647.00 293 0591211 Hose Restraint, Speedlay, 1" Heavy Nylon Web, Fasteners, Each Side 2 0.00 Nylon Web Color-Black Page 8 of 12 Qty,-02 Restraint Location -Bottom (towards the ground} Type of fastener-Quarter Turn -1 side of crosslay/deadlay/speedlay 294 0590895 Hose Restraint, Crosslay/Deadlay, Heavy Nylon Web, Top 1 202.76 Nylon Web Color -Black Restraint Location-Front (towards front of truck) Type offastener-1" side release 295 0061888 Platform/Cover, Deadlay, Alum Treadplate 1 766.56 296 0014953 Foam Sys, FoamPro 1601 (Single Agent) 1 7,503.00 Amount of Disc. W/Foam 2 Discharge -lower speedlay, PS front 2.5" 297 0012126 Not Required, CAF Compressor 1 0.00 298 0552713 Foam Refill, Single Tank, Pump 1 2,668.53 299 0031896 Demonstration, Foam System, Dealer Provided 1 0.00 300 0085446 Foam Cell, 25 Gallon 1 1,361.50 Foam, Brand Name F500 Type of Foam-Class "A" 301 0091036 Drain, 1.00" Foam Tank #1 1 0.00 302 0091079 Not Required, Foam Tank #2 1 0.00 303 0091112 Not Required, Foam Tank Drain 1 0.00 304 0007545 Pump House, Side Control, 45", "Control Zone" 1 0.00 305 0519215 Pump Panel Configuration, Control Zone, Special Layout Information 1 0.00 Fill in Blank-match close as possible 19461 306 0005525 Panel, pump and Gauge, Brushed S/S 1 995.40 307 0005578 Panel, Pump Access -Pass Side Only 1 0.00 308 .0035500 Raised Pump House Structure, Side Control 1 686.80 309 0005945 Light, Pump Compt 1 0.00 310 0586382 Engine Indicators, Included With Pressure Controller 1 0.00 311 0005601 Throttle Included w/ Pressure. Controller 1 0.00 312 0549333 Indicators, Engine, Included with Pressure Controller 1 0.00 313 0005780 Control, Air Horn at Pump Panel 1 160.35 314 0511078 Gauges, 4.0" Master, Class 1, 30"-0-600psi 1 0.00 315 0511100 Gauge, 2.0" Pressure, Class 1, 30"-0-400psi 1 0.00 316 0062586 Gauge, Water Level, Class 1, Pierce Std. 1 0.00 317 0038103 Water Level Gauge, Whelen 500 LED w/Fiange, 81, Am, Am, Rd 2 1,634.00 Location -aft crew cab doors Qty,-02 318 0062992 Gauge, Foam Level, (1) Tank, Class 1 1 519.66 319 0560310 Light Shield/Step 8", On Scene w/P25 LED 1 449.30 320 0006052 Air Horns, (2) Grover in Bumper Inside Frame 1 329.00 Location, Air Horn (bmpr)-frt, inside, match 19461 321 0036062 Control, Air Horn, Horn Ring, PS Lanyard 1 0.00 322 0549924 Siren, Federal PA300-012MSC 690010, Hi-Lo Tone, 200 Watt 1 217.00 323 0510206 Location, Elect Siren, Recessed Overhead in Console 1 0.00 Location, Elec Siren Overhead, PS Inside Sw Pnl 324 0006145 Control; Elec Siren, Horn Ring, PS Foot Sw 1 0.00 325 0550216 Speaker, Federal BP200-EF, 200 watt, Stainless Steel 1 275.00 326 0.548352 Location, Recessed in the Front Bumper, Driver Side 1 0.00 327 0016080 Siren, Federal Q2B 1 3,577.98 328 0006097 Location of Siren, Recessed in Bumper 0.00 Location, Siren, Mech -c) center 329 0026163 Control, Mech Siren, OS & PS Foot Sw 1 110.43 330 0521418 Lightbar, Federal, AeroDynic LED 72", ADX7250 1 2,671.00 331 0549166 Light, Front Zone, Whelen M6*C LED, Clear Lens, 4 Lts 1 1,002.00 Color, Lt OS Fmt Outside-r) DS Front Outside Red Color, Lt DS Front Inside-r) OS Front Inside Red Color, U PS Frnt Outside r) PS Front Outside Red Color, Lt PS Front Inside-r) PS Front Inside Red Page 9 of 12 Flange Kit -w)with flange 332 0581795 Light, Front, Roto Ray, LED, Vel/Imp, Hidden Mt 3,315.50 Color, Rotoray-j) '2-red LED, 1-clear LED 333 0540681 Lights, Side Zone Lower, Whelen M9*C LED, Clear Lens 2pr 1,466.00 Color, Lt Side Front-r) Side Front Lt Red Color, Lt Side Rear-r) Side Rear Lt Red Location, lights frt side-b)each side bumper Location, lights rear-over each rear wheel well 334 .0540774 Lights; Side, Whelen M9*C LED, Clear Lens 2 1,065.41 Color, Lights, Warning -gla) red Location, lights -aft crew doors below hand rail Qty,-02 335 0540781 Lights, Rear Zone Lower, Whelen M9*C LED, Clear Lens 587.00 Color, U OS Rear-a) OS Rear Lt Amber Color, Lt PS Rear-a) PS Rear Lt Amber 336 0540799 Lights, Rear, Whelen M9*C LED, Clear Lens 2 1,065.41 c·olor, Light -d) amber Control, light-a) rear upper warning Location -one each side rear bulkhead, up high,match last unit Qty,-02 337 0521922 Light, Rear Zone Upper, Federal, Highlighter 454216-** 1 822.00 Color, Dome, Rear Warning -j) both domes clear 338 0556901 Light, Rear Zone Up Block, Federal Cuda TriOptic 8 LED w/Universal Control 1 2,542.20 Location, Traffic Lt Cntr-d) driver side Mount, Traffic Dir Lt-r)recessed 339 0006615 Mtg, Rear Warn Us, On Top of Compt 1 0.00 340 0006646 Electrical System, A/C, General Design 1 0.00 341 0006666 Generator, Winco Model EC6010 Diesel, (4,500W Cont. Rating) 1 8,578.93 342 0006735 Mounting, Diesel Generator Above Pump 1 819.92 Location, Generator-over pump, PS 343 0679919 Cover, Diesel Generator 991.68 344 0006750 Electric Start, Generator 414.50 345 0006760 Remote Start, Diesel Generator 409.34 Location, Remote Start-d) cab/pp 346 0006745 Pump, Fuel, w/Pick-Up Tube for Generator 695.88 347 0006765 Drain, Oil, Routed Through the Floor 0.00 348 0006770 Exhaust, Generator, Routing 0.00 Location, Generator Exhau-b) to R.side 349 0006738 Circuit Breaker Panel w/Generator 615.70 Location, CB Panel -up high tank wall D3 350 0006736 Cover, Generator, Above Pump 986.33 351 0006825 Reel, Elect Cable, Hannay, 1600, (3) Wire 2,073.93 Finish, Reel -Painted Job Color Location, Cord Reel -above pump DS match 24301 Qfy, Cord Reels -;I Reel Guide-b) Captive roller 352 0006827 Cord, Electric, 12/3 Yellow, 3 Wire 1,006.83 Connection, Cord -Woodhead 20A 120V Twst Lock Feet of Yellow Cord-e)200 Lengths of Elect Cord -1 353 0519544 Brand, Hydraulic Tool System, Hurst Low Pressure 0.00 354 0597836 Hose, Hydra., Hurst Low Pressure, 12'-20', Twin Line, Connection 2 1,364.51 Color, Hydraulic Hose 1 -i) orange/orange Color, Hydraulic Hose 2 -j) green/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 Page 10 of 12 Location -with reels Qty,-02 355 0061835 Hose, Hydraulic, 1 00', Dual Parker-Hannifin, 5K, (Phos. Ester) 2 1,360.31 Brand, Model, Age of Tool-Hurst, MOC -2, and ML32 speader 2009 tools Color, Hydraulic Hose 1 -i) orange/orange Color, Hydraulic Hose 2 -j) green/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 Qty,-02 356 0691882 Location, Power Supply, Hydraulic 0.00 Brand, Model, Age ofTool-Hurst Location -P1 on slideout tray Qty,-1 357 0006990 Reel, Hyd, 100' Cap., .25" Dual Hose(Hannay) (Any Make Tool) 2 3,450.95 Brand, Model, Age of Tool-Hurst 2009 tools Location-P1 match 24301 Qty, Reel-2 Reel Guide -a) Nylatron guide 358 0007150 Bag of Nuts and Bolts 0.00 Qty, Bag Nuts and Bolts-1 359 0532883 NFPA Required Loose Equipment, Pumper, Provided by Fire Department 0.00 360 0540114 Soft Suction Hose, Provided by Fire Department, Pumper NFPA Classification -813.00 361 0007028 Strainer, 6.00" 401.04 362 0533269 Extinguisher, Dry Chemical, Pumper, Provided by Fire Department 0.00 363 0533278 Extinguisher, 2.5 Gal. Pressurized Water, Pumper, Provided by Fire Department 1 0.00 364 0532921 Axe, Flathead, Pumper, Provided by Fire Department 0.00 365 0532924 Axe, Pickhead, Pumper, Provided by Fire Department 0.00 366 0559573 Paint, Single Color, Custom 0.00 Paint, Color-304 green-19461 367 0017242 Paint Chassis Frame Assy. Job Color 467.45 368 0693797 No Paint Required, Aluminum Front Wheels 0.00 369 0693792 No Paint Required, Aluminum Rear Wheels 0.00 370 0007230 Compartment, Painted, Spatter gray 0.00 371 0544180 Reflective Band, 2"-6"-2", Stripe 553.54 Color, Reflect Band -A -d) blue Color, Reflect Band -B -I) white Color, Reflect Band -C -z) blue 372 0510041 Reflective across Cab Face, lmpNel 0.00 373 0536953 Stripe, Chevron, Rear, Diamond Grade, Pumper, HDRP 0.00 Color, Rear Chevron DG -fluorescent yellow green 374 0512024 Stripe, Reflective, Chevron/Inverted "V", On Front Bumper 524.54 Color, Reflect Chev-A-a) white Color, Reflect Chev-Bum -de) blue Size, Chevron Striping -06 375 0566413 Stripe, Reflective, Chevron, Cab and Crew Cab Doors Interior, Diamond Grade, Loc 118.00 Size, Chevron Striping -06 376 0027372 Lettering Specifications, (GOLD STAR Process) 1 0.00 377 0686425 Lettering, Gold Leaf, 3.00", (81-100) 1 1,641.16 Outline, Lettering -Outline and Shade 378 0686018 Lettering, Reflective, 5.00", Each 12 221.26 Outline, Lettering -Outline and Shade Qty, Lettering-12 379 0686194 Lettering, Gold Leaf, 12.00", Each 4 573.96 Outline, Lettering -Outline and Shade Qty, Lettering-04 Page 11 of 12 380 0685977 Lettering, Reflective, 20.00", Each 2 252.14 Outline, Lettering -Outline Qty, Lettering -02 381 0048031 Lettering, Reflective, "Keep Back 500 Feet", Rr Plate 160.35 Color, Lettering-b) red 382 0596487 Scotch lite, Shade & Outline ONLY on gold leaf lettering, Palm Beach Gardens 466.37 383 9999999 Maltese Cross, White Vinyl, Palm Beach Gardens, Each 96.41 Location, Emblem -ship loose 384 0666388 Emblem, Freedom Flag with Twin Towers, Each 2 125.60 Location, Emblem -each side of cab Qty,-02 Size, Flag-9" -11" 385 0031972 Manuals, Two (2), Fire Apparatus Parts, Custom Chassis 0.00 386 0002905 Manuals, Two (2) Chassis Service, Custom 0.00 387 0032433 Manuals, Two (2) Chassis Operation, Custom 1 . 0.00 388 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 0.00 389 Trade-in allowance of 2000 Pierce Dash Pumper -45,000.00 390 0696698 Warranty, Engine, Cummins, 5 Year, WA0181 0.00 391 0684953 Warranty, Steering Gear, Sheppard M110, 3 year WA0201 0.00 392 0595767 Warranty, Frame, 50 Year, Velocity/Impel, Dash CF, WA0038 0.00 ·393 0595245 (No Pick Required) 0.00 394 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 · 0.00 395 0530524 Warranty, Axle, 2 Year, Meritor, General Service, WA0046 1 0.00 396 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 0.00 397 0.595813 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 0.00 398 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 0.00 399 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 0.00 400 0685945 Warranty, Transmisson Cooler, WA0216 0.00 401 0688798 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 0.00 402 0596025 Warranty, Structure, 10 Year, Body, WA0009 0.00 403 0693127 -Warranty, Gortite, Roll-up Door, 6 Year, WA0190 0.00 404 0063510 Warranty, Waterous 5 Yrs 0.00 405 0032998 Warranty, 10 Year SIS Pumbing, WA0035 0.00 406 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 0.00 407 0595421 Warranty, Goldstar, 3 Year, Apparatus, WA0018 0.00 408 0683627 Certification, Vehicle Stability, CD0089 0.00 409 0592199 Certification, Engine Installation, lmpNel, ISL9, CD0090 0.00 L 410 0686786 Certification, Power Steering, CD0098· 0.00 411 0543945 Certification, Cab Integrity, Impel 0.00 412 0548950 Certification, Cab Door Durability, Velocity/Impel, CD0001 0.00 413 0548967 Certification, Windshield Wiper Durability, lmpe!Nelocity, CD0005 0.00 414 0548951 Certification, Electric Window Durability, Velocity/Impel, CD0004 0.00 415 0549273 Certification, Seat Belt Anchors and Mounting, lmpeiNelocityNelocity SL T 0.00 416 0548947 Certification, Cab Heater and Defroster, Velocity/Impel, CD0015 0.00 417 0548940 Certification, Cab Air Conditioning Performance, Velocity/Impel, CD0016 0.00 Total List: $475,727.00 Page 12 of 12 Proposal Option List 11tst2o12 Customer: Florida Fire Chiefs Association, Florida Sheriffs Association, & F Bid Number: 283 Representative Bouwer, Don Job Number: Organization: Ten-8 Fire Equipment, Inc Bid Date: 09-28-2011 Requirements Manager: , Stock Number: Description: (Spec #16) Level 1 Custom Pumper Body: Pumper, Med, S/S, 2nd Gen Chassis: Impel Chassis, 2010 ~ine Option Type Option Description 1 0584456 2 0584452 3 0588609 4 0581835 5 0018007 6 0533316 7 0533347 8 0588611 9 0681282 10 0012771 11 0536644 12 0537375 13 0000035 14 0540326 15 0000007 16 0002928 17 0597579 18 0000110 19 0000070 20 0000203 21 0020018 22 0530443 23 0122218 24 0000319 25 0000322 26 0594822 27 0001656 28 0530464 29 0544244 30 0122076 31 0000485 32 0587216 33 0693627 34 0568081 35 0545391 36 0002045 37 0532930 38 0544690 39 0010670 40 0000710 41 0000730 42 0020784 43 0000785 44 0568012 45 0000790 11/8/2012 7:09AM Manufacture Location: Appleton, Wisconsin RFP Location: Appleton, Wisconsin Vehicle Destination, US Boiler Plates, Pumper, USE OPTION 671399 Single Source Compliance, USE OPTION 661794 Comply NFPA 1901 Changes Effective Jan 1, 2009, With Exceptions Pumper/Pumper with Aerial Device Fire Apparatus Vehicle Certification, Pumper Agency, Apparatus Certification, Pumper/Tanker, U.L. USE OPTION 661778 Stock/Demo No Fire Department Customer Service Website Unit of Measure, US Gallons Bid Bond, 5% Performance Bond, Not Requested Approval Drawing Electrical Diagrams Impel Chassis, 2010 Wheelbase Wheelbase -184,50" GVWRating GVW rating -43,500 lbs. Frame Rails, 13.38 x 3.50 x .375, DLX/Qtm/Enf/AXT/ImpNei/Dash CF Frame Liner not Req'd Axle, Front, Meritor FL-943, 19,500 lb, w/o assist Suspension, Front, Standens, Taper Leaf, 19,500 lb, FL-943 Axle Shock Absorbers on Front Axle, DLX/Qtm/AXT/ImpNel Oil Seals, Front Axle Tires, Front, Goodyear, G296 MSA, 385/65R22.50, 18 ply Wheels, Front, 22.50" x 12.25", Steel, Hub Pilot Axle, Rear, Meritor RS24-160, 24,000 lb, lmpNei/Dash CF Top Speed of Vehicle, 60 MPH Suspen, Rear, Standens, Spring, 24,000 lb, lmpNei/Dash CF Oil Seals, Rear Axle Tires, Rear, Goodyear, G622 RSD, 12R22.50, 16 ply, Single Wheels, Rear, 22.50" x 8.25", Steel, Hub Pilot, Single Tire Balancing, Counteract Beads Tire Pressure Monitoring Valve Cap Qty, Tire Pressure lnd-6 Mud Flaps, w/logo front & rear Chocks, Wheel, Pumper, Provided by Fire Department Mounting Brackets, Chocks, Provided by Fire Department ABS Wabco Brake System, Single rear axle Brakes, Cam, Front, 16.50 x 6.00 (Std FLIRF axle) Brakes, Meritor, Cam, Rear, 16.50 x 7.00" Air Compressor, Brake, Cummins/Wabco 18.7 CFM Brake Reservoirs, Three Air Dryer, Wabco System Saver 1200, 2010 Brake Lines, Nylon Bid#: 283 Page 1 Qty Line Option Type Option Description 47 0000854 48 0591760 49 0001244 50 0687994 51 0552334 52 0123135 53 0597542 54 0557543 55 0511425 56 0001125 57 0001129 58 0595087 59 0552793 60 0582243 61 0693913 62 0699437 63 0551793 64 0011477 65 0507303 66 0001370 67 0691026 68 0001544 69 0509229 72 0550144 73 0123624 74 0510226 75 0522573 76 0012225 77 0595328 78 0122466 79 0123175 80 0527034 81 0087357 82 0002189 83 0002205 84 0525759 85 0528167 86 0550229 87 0510218 88 0555485 89 0509649 90 0002140 91 0592071 92 0568605 93 0509286 94 0558334 96 0199688 97 0509492 98 0509532 11/8/2012 7:09AM Air Inlet, w/Disconnect Coupling Location, Air Coupling(s)-a) DS Step Well Qty, Air Coupling (s)-1 Engine, Cummins ISL9, 370 hp, 1250 ft-lb, EPA 2010, lmpNel High Idle w/Eiectronic Engine, Custom Engine Brake, Jacobs Compression Brake, 2010 Cummins Engine Switch, Engine Brake-e) ISCIISM/ISL9/ISX Hi Med Lo Clutch, Fan, Air Actuated, Horton Drive Master Air Intake, w/Ember separator, lmpNel Exhaust System, 4", 2010 ISL9/ISC8.3 Engine, Horizontal, Officer Side Radiator, lmpNel Cooling Hoses, Rubber Fuel Tank, 65 Gallon, Left Side Fill Lines, Fuel DEF Tank, 4.5 Gallon, OS Fill, Forward of Rear Axle, 0013, ISL9, ISX Not Required, Fuel Priming Pump Shutoff Valves, Fuel Line@ Primary Filter, 2010 Cummins Engine Cooler, Chassis Fuel, Not Req'd. Cooler, Chassis Fuel, Not Req'd. Trans, Allison Gen IV 3000 EVS P, lmpNei/Dash CF, With Prognostics Transmission, Shifter, 5-Spd, Push Button Trans, ratio-3000 EVS, 5Spd Transmission Oil Cooler, Champ, Velocity Drlveline, Spicer 1710 Steering, Ross TAS-85 w/tilt, TRW Pump, w/ Cooler Not Required, Steering assist cylinder on front axle Steering Wheel, 2 Spoke Logo/Emblem, on Horn Button Text, Row One-CUSTOMER Text, Row Two-FIRE Text, Row Three-RESCUE Bumper, 16" extended, lmpNel Lift & Tow Package, lmpNel, AXT, Dash CF No Tow Hooks Required, Due to Lift and Tow package Gravel Pan, Extended Bumper Cab, lmpel2010, 7000 Cab Lift, Elec/Hyd, w/Manual Override, lmpNel Grille, Painted, Front of Cab, Impel Trim, SIS Band Across Cab Face, Rect Lights, Impel Material Trim/Scuffplale-b) SIS, Brushed Molding, Chrome on Side of Cab Mirrors, Velvac, 2010, West Coast Style, heated, remote Mirror, 6" Round Convex Below West Coast Door, Half-Height, Level Roof Cab, Brushed Stainless Panel Not Required, Scuffplates, Cab Door, lmpNel Storage Pockets w/ Elastic Cover, Recessed, Rotomolded, lmpNel Controls, Electric Windows, All Cab Doors, Impel & Velocity Steps, 4-Door Full Tilt Cab, Std, lmpNel Lights, Cab and Crew Cab Access Steps, P25, LED w/Bezel, 1 Light Per Step Fenders, S/S on Cab No Windows, Side of Crew Cab, VeVImp Not Required, Interior Trim, No Cab Side Windows Not Required, Windows Rear of Crew Cab, lmpNel Not Required, Trim, Cab Rear Windows, No Rear Windows Cab Interior, ABS Console, Painted Side Walls, lmpNel Color, Cab Interior VinyVFabric-a) Silver/Gray Color, Cab Interior Paint-a) gray Cab Interior, paint color, lmpNel Color, Cab Interior Paint-a) gray Floor, Rubber Padded Cab & Crew Cab, lmpNel, Dash CF Bid#: 283 Qty Page 2 Line Option Type Option Description 99 0122520 100 0559378 101 0543257 102 0002526 103 0122516 104 0583039 105 0000109 106 0697007 107 0696995 108 0510038 109 0123153 110 0102783 111 0123156 112 0108189 113 0103319 114 0108190 115 0511300 116 0511657 117 0553393 118 0547293 119 0542388 120 0543917 121 0508437 122 0509982 123 0544332 124 0594554 125 0509511 126 0543751 127 0509042 128 0509921 129 0555915 130 0511422 131 0543930 132 0509967 133 0509732 134 0080379 135 0008621 136 0123174 137 0036234 138 0012778 139 0530960 140 0690974 141 0092582 142 0525517 143 0511567 144 0031203 145 0075907 146 0589905 147 0521285 148 0057865 149 0057863 11/8/2012 7:09AM Heater/defroster, lmpNel Air Conditioning, lmpNeiNel SL T Grab Handles, Driver Door Post & Passenger Dash panel, lmpNel Light, Engine Compt, All Custom Chassis Fluid Check Access, lmpNel, AXT Not Required, Side Roll and Frontal Impact Protection Seating Capacity, Cab Qty,-04 Seat, Driver, Pierce PS6, Premium, Air Ride Hi-Back Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA Radio Compt, Behind Frt Passenger Seat, lmpNel Seat, Rr Facing C/C, DS Outboard, Pierce PS6, Base, SCBA Not Required, Seat, Rr Facing C/C, Center Seat, Rr Facing C/C, PS Outboard, Pierce PS6, Base, SCBA Not Required, Seat, Forward Facing C/C, OS Outboard Not Required, Seat, Forward Facing C/C, Center Not Required, Seat, Forward Facing C/C, PS Outboard Upholstery, Seats In Cab, Alllmperial1200, Pierce PS6 Color, Cab Interior Vinyl/Fabric-h) Gray/Black Bracket, Air Bottle Ziamatic, ULLH, Load & Lock, 1901-04,Cab Seats,lmpNei/Q/DCF Qty,-03 Seat Belt Height Adjustment, lmpNel, Dash CF Qty,-04 Seat Belts, Red Seat Belt Monitoring System Helmet Storage, Provided by Fire Department Lights, Dome, Weldon, Incandescent, Two (2) Lights, Dual Light and Lens Lights, Dome CC, (4) Weldon, 8081 Incandescent, Red/Clear, Grey Bezel, MUX Only Portable Hand Light, Provided by Fire Department, Pumper NFPA Classification Cab Instruments, Black Gauges, Black Bezels, Impel 2010 Air Restriction Indicator, lmpNel, AXT, Dash CF Light, Do Not Move Apparatus Alarm, Dei Not Move Truck-a)alarm Messages, Open Door/Do Not Move Truck, lmpNel, Vel SL T, AXT, Dash CF Switching, Cab, Membrane, lmpeiNelocity/Quantum. AXT MUX, Dash CF Location, Emerg Sw Pnls-Driver's Side Overhead Wiper control, 2-speed with intermittent, lmpeiNelocity, Dash CF Vehicle Information Center, LCD On Gauge Cluster Only Vehicle Data Recorder, Dual Module Pierce Command Zone, Advanced Electronics and Control System Electrical System, lmpeiNelocityNelocity SL T Batteries, (4) Exide Grp 31,750 CCA each, Threaded Stud Battery System, Single Start, All Custom Chassis Battery Compartment, lmpNel Receptacle, Battery Charging, Cab Step Area, Driver's Side No Pick Required, Battery Charger Location Not Required, Remote Battery Charger Indicator Alternator, 275 amp, Delco Remy 40-SI Load Manager/Sequencer, MUX Enable/Disable Hi-ldie-d)High Idle disable Lighting, FMVSS, Cab, P25 LED Clrnc/10, lmpNel Rect Headlts Lights, Identification/Clearance, Rear, Truck-Lite, 15050R and P25 LED Lights, Tail, Weldon 3884 Tri-Light Cluster Lights, Backup, Included in Weldon light cluster (triple or quad) Alarm, Back-up Warning, PRE CO 1040 Light, Directional/Marker, Intermediate Light, Truck-Lite Model 60115Y LED Lights, Perimeter Scene Cab Exits, Truck-Lite, Model 60 Cab, Perimeter Scene -Cab, 4dr Custom Lights, Perimeter Scene, Truck-Lite 60 (4) Lts, Pump Panel/Rear Step Area Switch, Location, Perim -cab rocker switch Bid#: 283 Page 3 Qty 1 4 1 1 1 1 1 1 3 4 1 1 1 1 1 1 -------------------------------------------------------------------------------------------------------- Line Option Type Option Description 150 0556360 151 0005955 152 0060120 153 0554271 154 0028245 155 0003405 156 0028107 157 0553729 158 0003429 159 0003424 160 0048710 161 0030007 162 0514778 163 0126634 164 0003480 165 0003488 168 0589278 169 0013512 170 0686069 171 0690027 172 0003531 173 0003562 174 0083646 175 0083652 178 0692733 179 0083700 181 0692746 182 0554995 183 0005920 184 0687139 185 0004016 186 0039041 187 0519849 188 0556208 189 0004126 190 0004146 191 0004225 192 0004230 193 0004300 194 0014245 195 0533377 196 0533375 198 0001174 199 0024388 200 0592995 201 0004415 202 0004481 11/8/2012 7:09AM Lights, Step, P25 LED 41ts . Lights, Deck, Unity (2) AG, Rear, (1) Spot, (1) Flood Pumper, Med, S/S, 2nd Gen Body Skirt Height, 20" Tank, Water, 750 Gallon, Poly, Med Overflow, 4" Water Tank, Poly Not Required, Foam Cell Not Required, Restraint, Water Tank, Heavy Duty No DirectTank Fill Req'd (No Dump Valve required) ·Jet Assist Not Req'd (No Dump Chute Required) Not Required, Switch, Tank Dump Master Hose Bed, S/S, Pumper Hose Bed Capacity, Std, 1500' of 2.5", 400' of 1.5" Divider, Hose Bed, Unpainted Qty, Hosebed Dividers-1 Hose Restraint, Hosebed, Velcro Strap on Top, 2" Heavy Nylon Web at Rear Type of fastener-2" cam buckle Nylon Web Color -Black Type of fastener, Rear-2" cam buckle -bottom of hosebed Runningboard, 12.75" Deep Tailboard, 16" Deep, Full Width, Angled Corners Wall, Rear, Smooth Aluminum/Body Material, Flush Rear Wall Tow Bar, Under Tailboard Construction, Compt, S/S, Pumper DS 136" Rollup, Full Height Front & Rear PS 136" Rollup, Low Doors, Gortite, Roll-up, Side Compartments Qty, Door Accessory-05 Color,Gortite,Roll-upDoor-Satin finish Latch, Gortite, Roll-up -Non-locking Liftbar Rear, Rollup, 37.75" FF Doors, Gortite, Roll-up, Rear Compartment Color,Gortite,Roll-upDoor-Satin finish Latch, Gortite, Roll-up -Non-locking Liftbar No Body Modification Required Lights, Compt, Truck-Lite, Model 79384 Incandescent No Shelf Tracks Required Rubrail, Aluminum Extruded, Side of Body Not Required, Fender Crowns, Rear Not Required, Hose, Hard Suction Handrails, Side Pump Panels (5) Handrail, Beavertail-Std. Handrail, Rear Below Hose Bed Ladder, 24' Duo-Safety 900A 2-Sect Ladder, 14' Duo-Safety 775A Roof Brackets, Adjustable, PS Ladder, Folding, 10' 585A, Duo-Safety, w/Mtg Location, Fold Ladder-a) Right Compt Pole, Pike 8', Pumper, Provided by Fire Department Pike Pole, 6', Pumper, Provided by Fire Department Tulip Clip Holders For Pike Poles, Dealer/Customer Installed Pike Poles Location -on right side below ladders Qty,-02 No Steps Required, Front Of Body Steps, Combo Folding Trident w/ LED & Corner, Rear Body Coating, Step -luminescent Pump, 1250 CS Single Stage,Waterous Packing, Grafoil, Waterous Bid#: 283 Qty 5 2 Page4 Line O~tion T:t[!e O[!tion Descri[!tion Qty 203 0091446 Pump Setup Charges N/A 1 204 0559769 Transmission, Pump, Waterous C20 Series 205 0535256 Shift, Air w/ Manual Over, Split Shaft PTO,Waterous 206 0003148 Transmission Lock-up, EVS 207 0004547 Auxiliary Cooling System 208 0014486 (No Transfer Valve Required on 1 Stage Pump) 209 0004517 Valve, Relief Intake, Elkhart 210 0546803 Controller, Pressure, Class 1 Total Pressure Governor (TPG) 211 0072153 Primer, Trident, Air Prime, Air Operated 212 0058516 Manuals, Pump (2), CD 213 0089351 Plumbing, Stainless Steel & Hose (Control Zone) 214 0089437 Plumbing without Foam System 215 0004645 Inlets, 6.00"-1250 GPM or Larger Pump 216 0004646 Cap, Long Handle Pump Inlet, NST-VLH 217 0084610 Valves, Akron 8000 series-All 218 0004660 Inlet, LH Side, 2.50" gated 219 0029147 . No Aux. Inlet on RH Side 220 0016158 Valve, lnlet(s) Recessed, Side Cntrl, "Control Zone" Qty, Inlets -1 221 0004700 Inlet Control At Valve 222 0092569 No Rear Inlet (Large Dia) Requested 223 0092696 No Rear Suction Cap 1 224 0064116 No Rear Inlet Actuation 225 0009648 No Rear Intake Relief Valve Req'd 226 0092568 No Rear Inlet '(auxiliary) Requested 227 0563738 Valve, .75 Bleeder, Aux. Side Inlet, Swing Handle 228 0029043 Line, 3.00" Tank to Pump 229 0004910 Outlet, 2.00" Tank Fill 230 0004940 Outlet(s), LH Side, 2.50" 2 Qty, Discharges -02 231 0092570 No Additional Outlet (LH) Requested .1 232 0004945 Outlet(s), RH Side, 2.50" 1 Qty, Discharges-01 233 0092571 No Additional Outlets (RH) Requested 234 0029137 Not Requested, Large Diameter Discharge 235 0092572 No Front Outlet Requested 237 0004995 Outlet, Rear, 2.50" Qty, Discharges-01 Location, Outlet-a) passenger's side 238 0092574 No Rear Outlet (Added) Requested 239 0092573 No Hosebed/Running Board Outlet 240 0085076 Caps for 1.50"-3.00" Discharges-VLH 241 0563739 Valve, .75 Bleeder, Discharges, Swing Handle 242 0005091 Elbows, 45 Degree -2.50" Outlets LH -VLH 243 0035094 No Eibows Req'd (Added LH Outlets) 244 0025091 Elbows, 45 Degree-2.50" Outlets RH -VLH 245 0089584 No Elbow req'd (Added RH Outlet not requested) 246 0045091 Elbows, 45 Degree -2.50" Outlets Rear -VLH 247 0085695 No Elbows Req'd, Added Rear, Large Outlet 248 0007308 No Elbows Req'd, Side Large Dia Discharge 249 0062133 Control, Outlets, Manual, Pierce HW if applicable 250 0005065 Outlet, 3.00" Deluge Riser 251 0029302 No Monitor Requested 252 0029304 No Nozzle Req'd 253 0005070 Deluge Mount, NPT 1 254 0029167 Crosslays Sngl Sheet unpainted, (2+) 1.50", Std. Cap 2 Qty, Crosslays -2 255 0029196 No 2.50" Crosslay Requested 256 0029260 Not Required, Speedlays 11/8/2012 7:09AM Bid#: 283 Page 5 Line Option Type Option Description 257 0591145 258 0044333 259 0012126 260 0552517 261 0042573 262 0045465 263 0091110 264 0091079 265 0091112 266 0007545 267 0032479 268 0005520 269 0005578 270 0035501 271 0005945 272 0586382 273 0005601 274 0549333 275 0511078 276 0511100 277 0062586 278 0006774 279 0593161 280 0508025 281 0036062 282 0006133 283 0510206 284 0006145 . 286 0550213 287 0548352 289 0016360 291 0079482 295 0020929 296 0026450 297 0006521 298 0006551 299 0016610 300 0519934 301 0007150 302 0532883 . 303 0067022 304 0027023 305 0533269 306 0533278 307 0532921 11/8/2012 7:09AM Hose Restraint; Crosslay/Deadlay, Top and Ends, Elastic Netting Qty,-02 Not Required, Foam System Not Required, CAF Compressor Not Required, Refill, Foam Tank Not Required, Foam System Demonstration Not Required, Foam Tanks Not Required, Foam Tank Drain Not Required, Foam Tank #2 Not Required, Foam Tank Drain Pump House, Side Control, 45", "Control Zone" Pump Panel Configuration, Control Zone Panel, Pump and Gauge, Black Vinyl Panel, Pump Access-Pass Side Only Pump House Structure, Std Height Light, Pump Compt Engine Indicators; Included With Pressure Controller Throttle Included w/ Pressure Controller Indicators, Engine, Included with Pressure Controller Gauges, 4.0" Master, Class 1, 30"-0-600psi Gauge, 2.0" Pressure, Class 1, 30"-0-400psi Gauge, Water Level, Class 1, Pierce Std. Not Required, Foam Level Gauge Light Shield, SIS LED Air Horns, (2) Hadley 6" Round in Bumper Outside Frame Location, Air Horn (bmpr)-each side Control, Air Horn, Horn Ring, PS Lanyard Siren, Code 3 3692 1 OOW or 200W Location, Elect Siren, Recessed Overhead in Console Location, Eiec Siren -Overhead, Above Eng Tunnel OS Control, Elec Siren, Horn Ring, PS Foot Sw Speaker, Code-3 PB100C, Chrome Qty, Speakers -1 Connection, Speaker-siren head Location, Recessed in the Front Bumper, Driver Side Lightbar, Code 3, (2) 5100, 2-Rot, 1-D Mir (Pumper) Color, Lens, Smal Lt Bar-b)both sides red Angle, Front Lightbar-0 degrees Light, Front Zone, Code 3 Model 45 LED, Qtm/Enf/AXT Flange Kit-w/o) with out flange Color,Code-3,45 LED -a) red Lights, Side Zone Lower, Code 3 4135BZ Halogen, 2pr Location, lights rear-over rear wheels Location, lights frt side-b)each side bumper Color, Lt, Front Bumper-r)red Color, Lt, Rear Fender-r)red Lights, Rear Zone Lower, Code-3 4135BZ Halogen Color, Light-ae) red Light, Rear Zone Upper, Code 3 550F, 1-Red 1-Amb Color, Dome, Rear Warning-e)DS red & PS amber Not Required, Lights, Rear Upper Zone Blocking Mtg, Rear Warn Us, Std Mount, S/S Brkts Not Required, Brand, Hydraulic Tool System Bag of Nuts and Bolts Qty, Bag Nuts and Bolts -1 NFPA Required Loose Equipment, Pumper, Provided by Fire Department Hose, 6.00" Soft Suction -15 Ft. Long No Strainer Required Extinguisher, Dry Chemical, Pumper, Provided by Fire Department Extinguisher, 2.5 Gal. Pressurized Water, Pumper, Provided by Fire Department Axe, Flathead, Pumper, Provided by Fire Department Bid#: 283 Qty 2 1 Page 6 Line Option Type 308 0532924 ' 309 0559573 310 0017241 311 0693798 312 0693793 313 0007230 314 0544111 315 0510041 316 0536954 317 0065687 318 0027286 319 0007472 320 0031972 321 0002905 322 0032433 323 0030008 324 0553301 325 0696698 326 0684952 327 0595767 328 0595245 329 0530523 330 0530524 331 0019914 332 0595813 333 0524627 334 0046369 335 0696414 336 0688798 337 0596025 338 0693127 339 0063510 340 0032998 341 0595547 342 0593921 343 0683627 344 0592199 345 0686786 346 0543945 347 0548950 348 0548967 349 0548951 350 0549273 351 0548947 352 0548940 353 0545073 354 0002758 355 0000018 356 0000012 357 0004713 358 0046395 359 0020011 360 0020009 11/8/2()12 7:09AM Option Description Axe, Pickhead, Pumper. Provided by Fire Department Paint, Single Color, Custom Paint, Color-red Paint Chassis Frame Assy. Black, Std. Paint, Front Wheels Paint, Wheels Red #90 Paint, Rear Wheels, Single Axle Paint, Wheels -Red #90 Compartment, Painted, Spatter gray Reflective Band, 1 0" Color, Reflect Band -A-a) white Reflective across Cab Face, lmpNel Stripe, Chevron, Rear, Diamond Grade, Pumper Color, Rear Chevron DG-fluorescent yellow Stripe, Reflective, Cab Doors Interior Color, Reflective~ a} white Not Required, Lettering Specs [Lettering not Requested] Manuals, Two (2), Fire Apparatus Parts, Custom Chassis Manuals, Two (2} Chassis Service, Custom Manuals, Two (2) Chassis Operation, Custom Warranty, Basic, 1 Year, Apparatus, WA0008 Warranty, Chassis, 3 Year, Velocity/Impel, WA0037 Warranty, Engine, Cummins, 5 Year, WA0181 Warranty, Steering Gear, TRW Ross TAS, 1 year WA0202 Warranty, Frame, 50 Year, Velocity/Impel, Dash CF, WA0038 (No Pick Required) Warranty, Axle, 2 Year, Meritor, General Service, WA0046 Warranty, Axle, 2 Year, Meritor, General Service, WA0046 Warranty, Structure, 10 Year, Custom Cab, WA0012 Warranty, Paint, 10Year, Cab, Pro-Rate, WA0055 Warranty, Electronics, 5 Year, MUX, WA0014 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 Warranty, Transmisson Cooler, Champ, WA0186 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 Warranty, Structure, 10 Year, Body, WA0009 Warranty, Gortite, Roll-up Door, 6 Year, WA0190 Warranty, Waterous 5 Yrs Warranty, 10 Year S/S Pumbing, WA0035 Warranty, Paint, 12 Year, S/S Body, Pro-Rate, WA0058 Not Required, Warranty, No Lettering Certification, Vehicle Stability, CD0089 . Certification, Engine Installation, lmpNel, ISL9, CD0090 Certification, Power Steering, CD0098 Certification, Cab Integrity, Impel Certification, Cab Door Durability, Velocity/Impel, CD0001 Certification, Windshield Wiper Durability, lmpeiNe!ocity, CD0005 Certification, Electric Window Durability, Velocity/Impel, CD0004 Certification, Seat Belt Anchors and Mounting, lmpeiNelocityNelocity SL T Certification, Cab Heater and Defroster, Velocity/Impel, CD0015 Certification, Cab Air Conditioning Performance, Velocity/Impel, CD0016 Amp Draw Report, NFPA 2009 Edition Amp Draw, NFPA Radio Allowance PUMPER, 2ND GEN PIERCE CHASSIS ENGINE, OTHER EVS 3000 Series TRANSMISSION WATEROUS PUMP POLY TANK Bid#: 283 Qty 1 1 1 1 1 1 1 1 Line Oetion T:tee Oetion Descrietion Ot:t 361 0028047 NO FOAM SYSTEM 1 362 0020006 SIDE CONTROL 363 0020007 AKRON VALVES 364 0020015 ABSSYSTEM 11/8/2012 7:09AM Bid#: 283 Page 8 -------------~----------------------------------------- Resolution 102, 2012 EXHIBIT "8" L __ ( ( SALES ORGANIZATION: LESSEE: TYPE OF EQUIPMENT: EQUIPMENT COST: CUSTOMER DOWNPAYMENT: TRADE..,IN: DELIVERY TIME: PAYMENT MODE: FIRST PAYMENT DUE DATE: LEASE COMMENCEMENT DATE: DOCUMENTATION/CLOSING COSTS: Ten-8-Michael Palm Beach Gardens Pierce Impel HDRP $520,727.00 $0.00 $45,000.00 Std delivery Annual In Arrears Turn-In Lease Proposal November 8, 2012 1 Year After Lease Commencement Upon contract signing with Pierce $0 PERFORMANCE BOND: To utilize the prepay program, a performance bond is required. The cost for this performance bond shall be the responsibUity of Lessee with payments made directly to Pierce Manufacturing or financed by Oshkosh Capital as part of the transaction. lYPE OF FINANCING: Tax-exempt Lease Purchase Agreement with a balloon payment at the end of lease term. Lessee shall have the option of turning-In the 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 thai 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 agreement 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. Furthermore, It is assumed that the lessee will designate this issue as a qualified tax-exempt obligation 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 agreement and shall designate the individual(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 Internal Revenue Code 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 for fourteen (14) days from the above date and Is subject to final credit approval by Oshkosh Capital and approval of the lease documents In Oshkosh Capital's sole discretion. To render a credit decision, lessee shall provide Oshkosh Capital with their most recent two years• audited financial statements, copy of their most recent Interim financial statement, and current budget. Accepted by: Kim Simon Klm.Simon@oshkoshcapital.com NOTEt All lease documents must be fully executed within 14 dnys of the date of this proposal. Failure to receive completed documents may alter the tina! puymcut s<'hedule due to chnngcs iu rates amJ/or discounts. (Jj_~ ~-p~~~~~~J Oshkosh Capital! LocB3-B230-05-071155 East Broad St I Columbus, OH 432151 Ph: (800) 820-9041, ext. 11 Fax: (800) 678-0602 -------------------------------------------, Resolution 102, 2012 EXHIBIT "C" --------------- LEASE-PURCHASE AGREEMENT 170326000 ("Turn-In" Lease for Pierce Equipment) Dated as of December 14, 2012 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, continues 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) "Lease" 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 ("Rent 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 writing). 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 "Code"); (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 resolutions 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 (including, 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 authorizes 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 remainder 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-Appropriation 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, provided 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. "Return 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 interest, 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 indirect, 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 automatically 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 designed in accordance with the manufacturer's warranty requirements; and (d) comply with all laws and regulations relating to the Equipment. 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 building. Upon reasonable notice, Lessor may enter the Location or elsewhere during normal business hours to inspect the Equipment. 10. LIENS; 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 other payments due under the Lease. If Lessee fails to pay such Taxes when due, Lessor has the right, but not the obligation, to pay such Taxes. If Lessor pays any such Taxes, Lessee will, upon demand, immediately reimburse 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 limitation (i) sales, use, excise, 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 obligations 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 determines 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 copies 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 Termination Value to be paid by Lessee with respect to the Lost Equipment 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, proceedings, actions, expenses (including reasonable attorney's fees), damages or losses arising 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 negligence or willful misconduct. 12. INSURANCE. (a) Lessee at its sole expense shall at all times keep all Equipment insured against 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 premium 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 relating 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 maintained by Lessor. 13. PURCHASE OPTION. 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. REPRESENTATIONS AND WARRANTIES. 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 103 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 COVENANTS. 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 transaction evidenced 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 occurrence 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 subsection (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 otherwise dispose 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 assign a security interest in this Lease and its Equipment, in whole or in part, to any party at any time. Any such assignee 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 SIMILAR DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless Lessee agrees otherwise in writing, 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 Equipment will be enforceable against Lessee only after Lessee receives a written notice of assignment which discloses the name and address of each such Assignee. For purposes of Section 149 of the Code, Lessee hereby appoints Lessor (or Lessor's designee) as the book entry and registration agent to keep a complete 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 binding upon the heirs, executors, administrators, successors and assigns of the parties 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 hereunder, and any such failure continues for 10 days after the due date thereof; (b) Lessee fails to perform any of its obligations under Sections 10(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, representation or warranty 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 consents to, the appointment of a receiver, trustee, conservator or liquidator of Lessee or of all or a substantial part of its assets, or a petition for relief is filed by Lessee under any federal or state bankruptcy, insolvency or similar law, or a petition 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 following: (i) require Lessee to pay all amounts then currently due hereunder and all remaining Rent Payments 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 liability for any damage 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 Equipment, 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 Equipment exceeds the applicable Termination 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 applicable 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 GOVERNING. Each lease shall be governed by the laws of the state of the lessee (The "State")." 21. FINANCIAL INFORMATION; INDEMNITY; POWER OF ATTORNEY. 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. MISCELLANEOUS. (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 duplicates. 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 3341 0 7 Oshkosh Capital ("Lessor") By: _____________ _ Title. _______________ _ 155 East Broad Street, B4-B230-05-7 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. 170326000, 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 DESCRIPTION. As used in the Lease, "Equipment" means all of the property described in this Schedule and all attachments, additions, 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 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. 3. BANK QUALIFIED. LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE-PURCHASE AGREEMENT 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. 4. EQUIPMENT LOCATION & DESCRIPTION. City of Palm Beach Gardens 5161 Northlake Blvd Palm Beach Gardens, FL 33418 Palm Beach County 2013 Pierce Heavy Duty Rescue Pumper VIN# 5. LEASE PAYMENT SCHEDULE. (a) Accrual Date: (b) Amount Financed: i. ii. iii. Equipment Purchase Price Purchase Price Deductions Prepay Discounts Trade In Total Amount Financed (Cash Sale Price minus Purchase Price Deductions) December 14. 2012 $ 520.727.00 $0.00 $ 15,079.82 $45.000.00 $460,647.18 (c) Payment Schedule: Accrual Date: December 14. 2012 Rent Payment Rent Payment Number Date 1 12/14/2013 2 12/14/2014 3 12/14/2015 4 12/14/2016 5 12/14/2017 6 12/14/2018 7 12/14/2019 8 12/14/2020 9 12/14/2021 10 12/14/2022 11 1/14/2023 City of Palm Beach Gardens ("Lessee") Rent Payment Amount 47,454.68 47,454.68 47,454.68 47,454.68 47,454.68 47,454.68 47,454.68 47,454.68 47,454.68 47,454.68 85,254.83 By: _____________ _ Title: _____________ _ Interest Portion 15,108.27 14,047.37 12,951.68 11,820.05 10,651.31 9,444.24 8,197.58 6,910.03 5,580.25 4,206.85 236.82 Oshkosh Capital ("Lessor") Principal Portion 32,346.41 33,407.31 34,503.00 35,634.63 36,803.37 38,010.44 39,257.10 40,544.65 41,874.43 43,247.83 85,018.01 Termination Value 436,866.79 402,791.33 367,598.27 331,250.95 293,711.51 254,940.86 214,898.62 173,543.08 130,831.16 86,718.37 1.00 By: _____________ _ Title: _____________ _ Form8038•G Information Return for Tax-Exempt Governmental Obligations (Rev. September 2011) .,. Under Internal Revenue Code section 149ie) .,. See separate instructions. OMB No. 1545-0720 Caution: If the issue price is under $100,000, use Form 8038-GC. of Palm Beach Gardens 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 4 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 10500 North Trail 6· City, town, or post office. state, and ZIP code a Name of issue Lease Schedule #170326000 10a Name and title of officer or other employee of the issuer whom the IRS may call tor more information (see instructions) Education . 12 Health and hospital 13 Transportation . 14 Public safety . 15 Environment Oncluding sewage bonds) 16 Housing 17 Utilities Issuer's employer ldentffication number (EIN) 59-6045863 3b Telephone number of other person shown on 3a 5 Report number (For IRS Use 7 Date of issue 12/14/201.2 9 CUSIP number 10b Telephone number of officer or other employee shown on 10a 561-799-4361 18 Other. Describe .,.. ------------------------------= 19 20 If obligations are TANs or RANs, check only box 19a If obligations are BANs, check only box 19b If obligations are in the form of a lease or installment sale, check box 23 Issue price of entire issue (enter amount from line 21, column (b)) 24 Proceeds used for bond issuance costs ~ncluding underwriters' discount). 25 Proceeds used tor credit enhancement . 26 Proceeds allocated to reasonably 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) . proceeds of the issue (subtract line 29 from line 23 and enter amount 31 32 33 Enter the remaining weighted average maturity of the bonds to be currently refunded . Enter the remaining weighted average maturity of the bonds to be advance refunded Enter the last date on which the refunded bonds will be called (MM/DDIYYYY) 34 Enter the date(s) the refunded bonds were issued til> (MM!DDIYYYYJ For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S years vears Form 8038-G (Rev. 9·2011) Form 8038~G (Rev. 9-2011) Page2 1:~mam 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 ~JJNiw::; (GIC) (see instructions) 36a b Enter the final maturity date of the GIC ~ :~;j ::::~ c Enter the name of the GIC provider~ 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans l:.dl to other governmental units 37 38a If th1s 1ssue 1s a loan made from the proceeds of another tax-exempt 1ssue, check box~ D and enter the follow1ng 1nformat1on: 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 ~ -:-:-:-:c--::------------:------ 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(lll) (small issuer exception), check box 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . ~ 0 ~ 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 ~ 43 If the issuer has established 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 . ~ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . ~ 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 ~ D D D 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 retum information, as necessary to process this return, to the person that I have authorized above. Paid Preparer Use Only ~ ~gnature of issuer's authorized representative PrinVType preparer's name I Preparer's signature Firm's name ~ Firm's address ~ Date .Y ~ Type or print name and title I Date I Check 0 if I PTIN J self-employed] I Firm's EIN ~ I Phone no. Form 8038-G (Rev. 9-2011) FORM OF OPINION OF COUNSEL (To Be Typed on Attorney's Letterhead Stationary) Date: Lessee: City of Palm Beach Gardens Lessor: Oshkosh Capital Re: Lease-purchase Agreement No. 170326000 dated December 14, 2012, 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 obligations under the Agreements and the transactions contemplated thereby. 6. Lessee is a political subdivision of the State as referred to in Section 103 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: INSURANCE 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 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 Lease-Purchase Agreement, Lessee represents and warrants, in addition to other matters under the Lease-Purchase Agreement, that it is lawfully self-insured for: (check to indicate coverage) a. All ris~. 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:--------------- 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 Lender 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. END-OF-LEASE TERM OPTIONS RIDER (Including "Turn In" Option) Lease-Purchase Agreement Number 170326000 Dated December 14. 2012 Lessee: City of Palm Beach Gardens Balloon Rent Payment: $85.254.83 (Payable at the End of the Lease Term) Reference is made to the above Lease-Purchase Agreement together with its Schedule A-1 and all related agreements ("Lease") between Oshkosh Capital ("Lessor") and the above Lessee ("Lessee"). Unless otherwise defined herein, capitalized terms defined 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 following three options (provided, that if Lessee fails to furnish the advance written notice as required in paragraphs 3 or 4 below, then Lessee shall automatically be obligated to pay in full the amounts set forth in paragraph 2 below): (i) Lessee may pay the Balloon Rent Payment and all other amounts set forth in paragraph 2 below; or (ii) subject to the requirements of paragraph 3 below, Lessee may turn in the Equipment to Pierce Manufacturing Inc. ("Pierce") and Lessee shall agree to acquire a new fire truck supplied by Pierce or Pierce's designated dealer; or (iii) subject to the requirements of paragraph 4 below, Lessee may re-finance the Balloon Rent Payment. 2. BALLOON RENT PAYMENT. Unless Lessee has made an effective and timely election under paragraphs 3 or 4 below, at the end of the Lease Term, Lessee shall pay Lessor the Balloon Rent Payment together with all other unpaid Rent Payments and all other amounts then due and payable 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 Payment. Lessee expressly agrees that if it fails to furnish the advance written notice as required in paragraphs 3 or 4 below, then Lessee shall automatically be obligated to pay to Lessor in full the amounts set forth in this paragraph 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 paragraph 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 Equipment to Pierce in accordance with subparagraphs 3.1 and 3.2 below; (b) Lessee shall enter into a binding contract with Pierce (or Pierce's designated dealer) to acquire a Replacement Fire Truck in accordance with subparagraph 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 obligated to pay Lessor the Balloon Rent Payment at the end of the Lease Term. Lessee acknowledges that Pierce is the intended third party beneficiary of the terms and conditions of this paragraph 3, and Lessee agrees that Pierce, directly in its own name and for its own benefit, may demand performance of and enforce any or all of Lessee's obligations as set forth in this paragraph 3 3.1 If Lessee has made an effective and timely election under the above terms of this paragraph 3, then at the end of the Lease Term, Lessee shall return the Equipment to Pierce at a location selected by Pierce and Lessee agrees for the benefit of both Lessor and Pierce that the Equipment 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 maintained the Equipment, including, without limitation, all oil supplies, lubrication, brake and hydraulic fluids, refrigeration fluids, filters and pollution control devices of the Equipment; (2) all paint shall be in normal condition without excessive scratches, dents and chips, all graphics must be professionally removed so that the exterior is in "trade-in" condition, and any paint or body repair exceeding $500.00 shall be completed at Lessee's expense; (3) all electrical components shall be fully operational and shall pass the Pierce QSD113 electrical test (or its reasonable equivalent as determined by Pierce); (4) all pumps must pass NFPA standard 1911 third-party certification (or its reasonable equivalent as determined by Pierce); (5) engines shall perform according to original equipment 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; (1 0) 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 !JSeful 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 operational; (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 10 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: $5.20 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-financing; (b) the interest rate and term of the re-financing 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, bu·t 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 regulations 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-financing 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 payable in connection with the re-financing (including, without limitation, IRS Form 8038G or 8038GC) as Lessor may request; and (E) such other documents 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-Party beneficiary under certain terms of this Agreement By: _____________ _ Title: Oshkosh Capital ("Lessor") By: __________________________ __ Title:--------------- --~~-~--~--------------------------------------- RESOLUTION Municipality/Lessee: City of Palm Beach Gardens Principal Amount Expected To Be Financed: $460,647.18 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------' 2012. 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: CERTIFICATE OF INCUMBENCY Lessee: City of Palm Beach Gardens Lease Schedule No.: 170326000 Dated: December 14. 2012 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. [SEAL] Signature of Secretary/Clerk of Lessee Print Name:--------------- Official Title:------------..,.---- Date: -------------------'- THREE PARTY AGREEMENT Dated as of December 14,2012 "Lessee" means City of Palm Beach Gardens "Lease" means Lease-Purchase Agreement No. 170326000, dated December 14, 2012, together with its Schedule A-1. Reference is made to the Lease-Purchase Agreement ("Lease") described above between Oshkosh Capital ("Lessor") and the Lessee identified 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 acknowledged, 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: $520.727.00 $15.079.82 December 14, 2012 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 $45,000.00 $460.647.18 4. (a)Supplier anticipates that it shall deliver the Equipment to Lessee by the Anticipated Delivery Date set forth below. Anticipated Delivery Date: July 14. 2013 (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: September 14.2013 5. If Supplier delivers 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 conditions 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: 170326000 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 implied, 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:---------------- CITY OF PALM BEACH GARDENS REVISED COUNCIL AGENDA As of December 6, 2012 @ 3:00 P.M. 7:00P.M. Mayor Vice Mayor Premuroso Council Member Tinsley Council Member Russo Council Member Jablin I. ,/PLEDGE OF ALLEGIANCE II. V ROLL CALL III. !!J' ADDITIONS, DELETIONS, MODIFICATIONS: IV V ANNOUNCEMENTS I PRESENTATIONS: a . FISCAL YEAR 2012 INVESTMENT UPDATE-PFM ASSET MANAGEMENT. V. /ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. /aTY MANAGER REPORT: VII. ~OMMENTS 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. (Page 5) APPROVE MINUTES FROM NOVEMBER 1, 2012 CITY COUNCIL MEETING. - b. (Staff Report on Page 10, Resolution on Page 12) RESOLUTION 62, 2012- TREVI AT THE GARDENS PLANNED UNIT DEVELOPMENT (PUD) PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE TREVI AT THE GARDENS PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c . (Staff Report on Page 20, Resolution on Page 22) RESOLUTION 64, 2012 - SURPLUS AUCTION ITEMS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY AS SURPLUS PROPERTY AND AUTHORIZING ITS SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES J IX. J--0 d. (Staff Report on Page 26. Resolution on Page 28) RESOLUTION 103, 2012- RIGHT OF WAY TRANSFER FROM THE CITY TO FOOT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A ROADWAY RIGHT-OF-WAY TRANSFER AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR ONE (1) PARCEL OF LAND; AUTHORIZING THE VICE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES e . (Staff Report on Page 35, Resolution on Page 37) RESOLUTION 104, 2012 - TOBACCO-FREE KIDS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA URGING LOCAL RETAILERS SELLING TOBACCO PRODUCTS TO REFRAIN FROM SELLING AND MARKETING FLAVORED TOBACCO PRODUCTS, WHICH TEND TO PROMOTE AND INFLUENCE UNDERAGE AND/OR YOUTHFUL CONSUMPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. PUBLIC HEARINGS: <* Designates Quasi-Judicial Hearing) a. /(Staff Report on Page 40, Ordinance on Page 143) ORDINANCE 27, 2012- (1st READING) UPDATE THE CAPITAL IMPROVEMENTS ELEMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. *(Staff Report on Page 160, Ordinance on Page 195, Resolution on Page 199) ORDINANCE 28, 2012-(2 Nb READING AND ADOPTION) REZONE THE EXISTING MCDONALD'S PROPERTY . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.01 ACRES IN SIZE, MORE OR LESS , LOCATED ON THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND SUNRISE DRIVE, WITH A STREET ADDRESS OF 3805 NORTHLAKE BOULEVARD, TO BE KNOWN AS THE MCDONALD'S PUD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ·zoNING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. RESOLUTION 98, 20121S A COMPANION ITEM TO ORDINANCE 28,2012 AND WILL REQUIRE COUNCIL ACTION. *RESOLUTION 98, 2012 -REZONE THE EXISTING MCDONALD 'S PROPERTY . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MCDONALD 'S PLANNED UNIT DEVELOPMENT (PUD) WITH SITE PLAN AND MAJOR CONDITIONAL USE, AS MORE PARTICULARLY DESCRIBED HEREIN ; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES. (Staff Report on Page 248, Ordinance on Page 258) ORDINANCE 30, 2012- {1 51 READING) COMPREHENSIVE PLAN TEXT AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES , PURSUANT TO APPLICATION NO. CPTA-12-10-000023, WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND HOUSING ELEMENT, TO PROVIDE MINOR UPDATES TO CERTAIN TABULAR DATA, NOMENCLATURE , AND OTHER AMENDMENTS WHICH REVISE, CLARIFY , AND PROVIDE FOR INTERNAL CONSISTENCY; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a . b . (Staff Report on Page 270, Resolution on Page 274) RESOLUTION 101 , 2012 -LEASE BUY BACK OF TWO RESCUE UNITS FROM TEN-8 FIRE EQUIPMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE LEASE PURCHASE/TURN-IN OF TWO (2) RESCUE UNITS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SAID LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES. (Staff Report on Page 353, Resolution on Page 356) RESOLUTION 102, 2012 -LEASE BUY BACK OF ONE FIRE ENGINE FROM PIERCE MANUFACTURING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA APPROVING THE LEASE PURCHASE OF ONE (1) 2012 PIERCE IMPEL PUMPER 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 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. UPDATE APPOINTMENTS TO EXTERNAL BOARDS/COMMITTEES . XII. CITY ATTORNEY REPORT: Xlll. ADJOURNMENT PLEA SE 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 : COMMENTS FROM THE PUBLIC Request to Address City-Council Hk Ve~n16 Address : b,s xJ \~ ~\ rJ#: £~ . City: Subject: .. Members· of the public may address the City Council during the "Comments by the Public" .·portion of t~e 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 Council Name : Borbaro. fiose02Weig . Address:. i-f~71 B o0 5A:C c< t RCL E #;)CJq city: 'fo&rO ~ Gardens ;;. 2l ~~ ? Subject: Arn .;~ -±be 0f.r Cbvrq/ 4o ._ . re-es-fab/lsh '/he )Znviroorren+a:.L ' ( Members· of the public may address the City Council during the "Comments by the Public" ."pqrtion of ttie 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: Add reS$: COMMENTS FROM THE PUBLIC Request to Address City Council City: 'T"':o --.1111!'4.-0...-'u...___~'I,C~~· ---L.F.-L_---...!o~=~==-4~bo=-=--------=-------- Subject: .. JYlembers· of the public may address the City Council during the "Comments by the Public" ."portion of t~e 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 Council Name: Co ti'±r:e1) L{a al Address:: ll:Sf /~ Jre · A/. C~:t~~~~~-·-·~~~~~~~~ subject: Ordln'ari~ ~ 7 ~a~!/:! s/9nif'ca:nii-!f -<t;M~ % _ CJOWJCi/azeLnhep;;t a.tjef!t-ion on ·/J;tJ}c;{?Lzce lhdtiJ.tr;es, rafflev Man sunmmd;ty a)l'no't1?1i_-y f)eet:l>-?@n->- porva+/on !n fca~~u ctu~ .. for hro>a(nc-e cletre!rpJ?te/lC ~l ;re«tty ~~~= ~~ eunt'l:Z~EY~ ·: 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. rd.-fD ~I~ c..'tlt Co.u.>~l. ~M<ai~ , ~~ •"tn 'r4 ~J... ~'/ Vlc-(, ~ ~~ew.vto.to. {f-i) Tonight we are holding quasi-judicial hearings on tile following cases • ORDINANCE 28, 2012-(2ND READING AND ADOPTION) REZONE THE EXISTING MCDONALD'S PROPERTY. • RESOLUTION 98, 2012 -REZONE THE EXISTING MCDONALD'S PROPERTY. 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. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Geography Awareness Week is November 11-17; and WHEREAS, National Geographic Information System (GIS) Day is November 14, 2012; and WHEREAS, Geography Awareness Week promotes geographic literacy in schools; and WHEREAS, GIS is an important part of geography awareness; and WHEREAS, the City of Palm Beach Gardens is committed to expanding GIS to the schools and general public in order to showcase real-world applications with GIS. NOW, THEREFORE, L David J. Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim November 17, 2012, as NATIONAL GIS DAY And urge all citizens to participate in GIS Day activities. 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 affixed on this 18th day of November in the year Two Thousand and Twelve. t?~t£~ David J. Levy, Mayor