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Agenda Council Agenda 060409
ati J CITY OF PALM BEACH GARDENS �,Y6k gamBeach Gardens" Frog COUNCIL AGENDA i I c,--1-1- June 4,2009 7:00 P.M. 1 r Mayor Russo `di Vice Mayor Levy 50`h Anniversary) Council Member Jablin Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS,DELETIONS,MODIFICATIONS: IV ANNOUNCEMENTS /PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Staff Report on Page 4, Resolution on Page 38)Resolution 39, 2009 — Ground lease with TowerCo Assets, LLC. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Second Amendment to the ground lease with TowerCo Assets LLC and the City of Palm Beach Gardens for the telecommunications tower at Lilac Park; providing an effective date; and for other purposes. b. (Staff Report on Page 50, Resolution on Page 74) Resolution 40, 2009 — Ground lease with T-Mobile South LLC. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the ground lease between T-Mobile South LLC and the City of Palm Beach Gardens providing an effective date; and for other purposes. IX. PUBLIC HEARINGS: Part I— Quasi-judicial a. (Staff Report on Page 81, Resolution on Page 98) Resolution 43, 2009 - Northcorp Corporate Park PCD. Master Signage Program Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Master Sign Program for the Northcorp Corporate Park Planned Community Development (PCD), generally bounded by the Gardens Station PUD to the North, Interstate 95 to the West, Burns Road to the South, and the FEC Railway to the East, as more particularly described herein; providing conditions of approval; providing waivers; providing an effective date; and for other purposes. Part II—Non-Quasi-judicial X. RESOLUTIONS: a. (Staff Report on Page 120, Resolution on Page 123) Resolution 54, 2009 — Grant approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida requesting the assistance of Governor Crist and Florida Department of Transportation Secretary Kopelousos to prioritize the Intercity Rail Component of the FEC Corridor Project (from Jacksonville to Miami) as part of the Federal Economic Stimulus Package for the State of Florida; providing an effective date; and for other purposes. XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 126)Discussion of Special Events and Signs. b. (Page 143) Sancilio & Company, Inc. (aka "Project Flintstone") request for an economic development loan from the City of Palm Beach Gardens. c. (Page 164) TBC Corporation (aka "Project Live Oak") request for job growth incentive grant. Resolution 53, 2009 is a companion item to TBC Corporation aka "Project Live Oak" and will require Council action. (Resolution on Page 170) Resolution 53, 2009 — Grant Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Grant to TBC Corporation in the amount of$50,000 as a local match for the Governor's closing fund for a program otherwise referred to as "Project Live Oak"; providing conditions of approval for the funding of the Grant; providing an effective date; and for other purposes. d. MacArthur Statue location discussion. XIII. CITY ATTORNEY REPORT: XIV. 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. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 4, 2009 Resolution 39, 2009 Subject/Agenda Item: Resolution 39, 2009, approving the Second Amendment to the Communications Site Lease Agreement between TowerCo Assets, LLC and the City of Palm Beach Gardens for the telecommunications tower at Lilac Park [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Revi: : . Originating Dept.: Costs: $ Council Action: 0/ / (Total) •nstr ,/-- Cit ttor,i -y /i''� �� [ ]Approved / $ [ ]Approved w/ Director of Current FY conditions on ces [ ] Denied Asst. City Man ger Advertised: Funding Source: [ ] Continued to: Operations Date: [ ] Operating Attachments: Paper: [ ] Other Finance mini�trator 7 'is [x] Not Required Submitted by: Todd Engle, P.E. Department Director Affected parties Budget Acct.#: Approved by [ ] Notified t ] Not required City Mana•er Meeting Date: June 4, 2009 Resolution 39, 2009 BACKGROUND: On December 6, 2001, Council approved Resolution 165, 2001, which approved a site lease agreement with Nextel South Corporation for the installation and operation of a wireless communications facility at Lilac Park. That lease agreement was amended on January 16, 2002, providing for Nextel to pay to the City a one-time signing bonus in the amount of$9,000. In September of 2008, the agreement was assigned and assumed by Tower Entity 10 LLC (TowerCo Assets LLC). Resolution 39, 2009 amends this site lease for the second time, replacing the existing Exhibit B with an Exhibit B-1, depicting a new access easement for the site. This new access easement will provide a safe and efficient means of access for the tower owner (TowerCo) and any and all providers with antennae located on the tower. TowerCo has reviewed this request and agreed to this new access easement. STAFF RECOMMENDATION: Approve Resolution 39, 2009 as presented. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 165, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH NEXTEL SOUTH CORPORATION FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATIONS FACILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff has negotiated a Lease Agreement ("Lease") with Nextel South Corporation, a Georgia corporation ("Nextel") for the installation and operation of a telecommunications tower at the 10245 Lilac Street property; and WHEREAS, the City Council has determined execution of the Lease to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE City OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute the Lease with Nextel, a copy of which is attached hereto as Exhibit "A" and incorporated herein. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held in any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. RESOLVED, ADOPTED AND APPROVED THIS DAY 0. ..e..-,/,..0. ,0 . i Off f ,if 0 .• 00 8-EPHA RUSSO 1 `ATT ES1 ) 3 _ ' 310i:11.4;;; ;.../ CAROL GOL -MMb, CITY CLERK 1 g 8\.xCERFIFY that I have approved <ThisolutiorTas to form. "LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO i VICE MAYOR JABLIN .- COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK 2 ; Market.: South Florida Site No.: FL-2558B Site Name: Burns Road COMMUNICATIONS SITE LEASE AGREEMENT(GROUND) This Communications Site Lease Agreement(Ground)("Agreement")is entered into this G a day of �� t ,2001,between the City of Palm Beach Gardens, a Florida municipal corporation with an office at 10500 N. Military Trail, Palm Beach Gardens, FL 33410 ("Lessor"or"City"),and Nextel South Corp.a Georgia corporation,d/b/a Nextel Communications with an address of 851 Trafalgar Court,Suite 300E,Maitland,FL 32751 ("Lessee"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land(the"Land")located in the City of Palm Beach Gardens,County of Palm Beach,State of Florida commonly known as NW Quadrant of Lilac Street and Plant Drive. The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor,approximately Two Thousand One Hundred Sixty(2,160)square feet of the Land and all access for pedestrian and vehicular ingress and egress to the Lessee Facilities,as defined below in Paragraph 6(a), (the"Premises") as described in Exhibit B annexed hereto, for the installation,operation and maintenance of utilities serving the Lessee Facilities installed upon the Land,provided that Lessee's access to the Lessee Facilities upon the Property shall not disturb the City's use of the Land. 2. Usk. The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities(as defined in Paragraph 6(a)below). 4. Term. The term of this Agreement shall be five(5)years commencing upon construction of Lessee Facilities or One Hundred Eighty(180) days from full execution of this Agreement, whichever first occurs ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date(the"Term")unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for five (5) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. 5. Rent. (a) Within 15 days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent Two Thousand and 00/100 DOLLARS($2,000.00)per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at 10500 North Military Trail, Palm Beach Gardens, FL 33410; Attention: Holly Luzader. (b) Within thirty(30)days of full execution of this Agreement,Lessee hereby agrees to supply Lessor with a performance bond,in a form reasonably acceptable to the City Attorney,in the amount of Twenty Five Thousand Dollars($25,000.00)("Performance Bond"),for the purpose of assuring Lessee's removal of the Lessee Facilities. If Lessee fails to remove the Lessee Facilities within sixty(60)days of the termination of this Agreement or within ninety(90)days of notification by the City that the Lessee Facilities have been abandoned, Lessor shall have the absolute right to remove the Lessee Facilities and store same at Lessee's expense. Failure by Lessee to reimburse Lessor for any and all reasonable costs associated with such removal and storage costs ("Costs") within thirty (30) days after written request for same shall entitle Lessor to access the Performance Bond to recover such costs. The Performance Bond shall terminate when Lessee removes the Lessee Facilities from the Premises,to the satisfaction of Lessor,and reimburses Lessor for any costs incurred. (c) Within thirty(30)days of full execution of this Agreement, as additional consideration, Lessee shall provide to Lessor seventy-five (75) i1000plus mobile telephones, which shall have a maximum value of Nine Thousand and 00/100 DOLLARS ($9,000.00). Lessor hereby acknowledges and understands that Lessor shall be responsible, at Lessor's sole cost and expense, for the maintenance and repair of each telephone,and the obtaining directly from Nextel Communications any service contract required for each telephone's use. 6. Facilities;Utilities;Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including without limitation, an antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration OT earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Upon termination of this Agreement,Lessee shall not be required to remove any foundation more than one(1)foot below grade level. (b) Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that will provide service to the Land(including a standby power generator for Lessee's exclusive use). Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. City hereby further grants and conveys to Lessee,and its agents,employees,contractors,guests and invitees,for the Term and any Renewal Term,a non-exclusive right across that portion of the Land in the location shown on Exhibit B(or such other location as agreed to between the parties),for pedestrian and vehicular ingress and ....uro •n D.a....ear....d .•••••.:n.■ n..d...n...♦ nF...a:.:nn........n...n.1...1 C....:1:...... ...11...1......_•L..1 .....1 -....:.J..J • Market.: South Florida Site No.: FL-25588 Site Name: Burns Road 7. Interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the Land, provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in compliance with all Federal Communications Commission("FCC")requirements. $4.7. (b) Subsequent to the installation of the Lessee Facilities,Lessor shall not permit itself,its lessees orees to install new equipment on the Land or property contiguous thereto owned or controlled by Lessor,if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor'agrees to take all reasonable steps necessary to eliminate such interference,in a reasonable time period. 8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes,assessments and deferred taxes on the Land. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures,and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith,Lessor(i)consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy,attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10; Termination. This Agreement may be terminated without further liability on thirty(30)days prior written notice as follows: (i)by either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty(30)days of receipt of written notice of default,unless the default is incapable of cure within the thirty(30)day period,or longer,period established by the parties,provided that the grace period for any monetary default is ten (10) days from receipt of notice; or(ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty(30)days prior to the Commencement Date;or(iii)by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or(iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC,including without limitation,a take back of channels or change in frequencies;or(v)by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons,including,without limitation,signal interference. 11. Destruction or Condemnation. If the Premises or Lessee Facilities•are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45)days following the date of such damage,destruction, condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement,Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance. Lessee,at Lessee's sole cost and expense,shall procure and maintain on the Premises and on the Lessee Facilities,bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars($1,000,000.00)per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessee must obtain and maintain the required insurance for the Term and any Renewal Term during which Lessee operates the Lessee Facilities. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty(30)days of the Commencement Date. Lessee shall provide to Lessor a certificate of insurance issued by a company authorized to conduct business in the state of Florida evidencing the coverage required by this paragraph within thirty(30)days of the Commencement Date,as the case may be,and within thirty(30) days of renewal of the insurance policy. The coverages under the policy will not be cancelled by Lessee until at least thirty(30)days prior written notice has been given to Lessor. All policies are required to be issued by companies authorized to conduct business in the state of Florida. 13. Waiver of Subrogation. Lessor and Lessee release each other and their respective principals,employees,representatives and agents,from any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by,or that result from,risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor;provided,however,that Lessee may assign its interest to its parent company,any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one percent(51%)or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee,subject to the assignee assuming all of the Lessor's obligations herein,including but not limited to,those set forth in Paragraph 9 ("Waiver of Lessor's Lien") above. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage,pledge,hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on Iu4, 1f of ant/financinn nnfif,.M u.l.nm r.cow.. /i% 1....."1st;...tie.... C.L....n.aA .......e........ .�....e.,. ...0......«...�:....aI...-....0 /::\ L-� ..Ll:.-......... • • • Market.: South Florida Site No.: FL-2558B Site Name: Burns Road 17. Hazardous Substances. Lessee agrees that it will not use,generate,store or dispose of any Hazardous Material on,under,about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees(1)that neither Lessor nor,to Lessor's knowledge, any third party has used,generated, stored or disposed of,or permitted the use,generation,storage or disposal of,any Hazardous Material (defined below)on,under,about or within the Land in violation of any law or regulation,and(2)that Lessor will not,and will not permit any third party to use,generate,store or dispose of any Hazardous Material on,under,about or within the Land in violation of any law or regulation. Lessor and Lessee each agree to defend,indemnify and hold harmless the other and the other's partners,affiliates,agents and employees against any and all losses,liabilities, claims and/or costs(including reasonable attorney's fees and costs)arising from any breach of any representation,warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous,toxic or dangerous in any applicable federal,state or local law or regulation. This paragraph shall survive the termination of this Agreement. Notwithstanding the foregoing,Lessee shall have the right,during the first ninety(90)days after the date of this Agreement,at its expense,to conduct an environmental assessment of the Land,and in the event such environmental assessment shows any environmental hazards which adversely affect Lessee's use of the Premises,or Lessee's ability to obtain leasehold financing or, in Lessee's sole opinion, the environmental assessment indicates unacceptable environmental liability or potential liability for Lessee, Lessee has the right to terminate this Agreement upon written notice to Lessor. Lessee shall provide Lessor with copies of any and all environmental reports or studies of the Land. 18. Liability and Indemnity. Lessee shall exonerate, hold harmless, indemnify and defend Lessor,Lessor's elected and appointed officials, agents,servants and employees from and against any and all claims,demands,or causes of action of whatsoever kind or nature,and the resulting losses, costs, expenses, reasonable attorney's fees (including appellate fees), liabilities, damages, orders,judgments, or decrees, sustained by Lessor or any third party arising out of the construction,operation and repair of the Lessee Facilities, unless such claims,demands or causes of action result from willful or negligent acts or omissions of Lessor,its officials,agents,servants or employees. 19. Leasing Space on the Tower. Lessee may lease space on the antenna tower to any collocator, and Lessee shall be entitled to receive collocation revenue from any such collocator,provided that any such collocator enters into a separate ground lease with Lessor. 20. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable,shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessor: City of Palm Beach Gardens Lessee: Nextel South Corp. 10500 N.Military Trail 851 Trafalgar Court, Palm Beach Gardens,FL 33410 Suite 300E Attn:City Manager Maitland,FL 32751 Attn.: Property Manager With a copy to: Attn: Len Rubin With a copy to: Nextel Communications,Inc. 4100 RCA Boulevard 2001 Edmund Halley Drive Palm Beach Gardens,FL 33410 Reston,VA 20191-3436 Sixth Floor,Mail Stop 6E630 Attn:Site Leasing Services,Contracts Manager Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Florida. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Land is located. In the event the Land is encumbered.by a mortgage or deed of trust,Lessor agrees to obtain and furnish to Lessee a non-disturbance and attomment instrument for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing documentation required by the title insurance company. (h) In any case where the approval or consent of one party hereto is required,requested or otherwise to be given under this Agreement, Market.: South Florida Site No.: FL-2558B Site Name: Bums Road LESSOR: City of Palm Beac en F a municipal corporation T Signed,sealed and delivered in the presence of: f .P4 p1 By: V V`' . Witness /' Print Name: ffA�P D t C�D 4.-0 am :1 OS VPN R R. Ros s o Title: 1114 A` e K Witness: Print Name: 4400 v '27" Tax ID#: 59-6045863 STATE OF FLORIDA COUNTY OF /,4►w+ tcpeo The foregoing_ i?Lstrument was acknowledged before me this Li day of b,e a , 2001, by N'oS es,in l' • teucto, as IM#wo/t of The City of Palm Beach Gardens, a Florida municipal corporation,who is personally known tb me or who has produced - as identification and who did(did not)take an oath. WITNESSS/S my hand and official seal. ''• Notary Public 42#. I.oz/TA6 ) gg��,,qq t� Print Name NOTARY p IEge A OWIYOA COMMISSION s 00067102 My commission expires: EXPIRES 1W262OO$ iwiweu inks 1-606410TA1M LESSEE: Signed,sealed and delivered in th resence of: Nextel South Corp. a Georgia corporation c d/b/a Nextel Co.-eunications BY _ Witness ( I Print N e n7ili s Print Name: Richard A.Kon pj Title: Vice President of Engineering and Operations Witness ' t n ,� Print Narl�t &T\Cr.(W I O,M STATE OF 'TY_Tl COUNTY OF C)rn 1112.E 2001,by Richard A.Konkey,as Vice The foregoing instrument was acknowledged before me thi day of�v Y President of Engineering and Operations for Nextel South Corp.,a Georgia corporation,d/b/a Nextel Communications who is personally known to me or who has produced 1. ) 1 b as identification and who did(did no�tzke an oath. ITN S my hand and official)seal. IAJACQUELINE MCDONALD CD of ry � 114 . MY COMMISSION f DD 027222 Print No..,o L - =;a,'c r-',— = EXPIRES:February 27,2005 rt , • Market.: South Florida Site No.: FL-2558B Site Name: Bums Road PREPARED BY: Paula Hickman,Esquire Nextel Communications 851 Trafalgar Court,Suite 300E Maitland,FL 32751 • RETURN TO: Property Management Nextel Communications 851 Trafalgar Court,Suite 300E Maitland,FL 32751 • MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this (o r:t day offtb..._.._` L,.._. ,2001,by and between The City of Palm Beach Gardens, a Florida municipal corporation, with an address at 10500 N. Military Trail, Palm Beach Gardens, Florida 33140(hereinafter referred to as"Lessor")and Nextel South Corp.,a Georgia corporation,cl/bia Nextel Communications with an office at 851 Trafalgar Court,Suite 300E,Maitland,FL 32751 (hereinafter referred to as"Lessee"). Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the .,d ( ay of , for the purpose of installing,operating and maintaining a radio communications facility and other improvements. All of the foregoing a are set forth in the Agreement. The term of the Agreement is for five(5)years commencing on e�...L,..✓re, 204/("Commencement Date"),and terminating on the fifth anniversary of the Commencement Date with five(5)successive five(5)year options to renew. The Land which is the subject of the Agreement is in Palm Beach County, Florida,described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee(the"Premises")is described in Exhibit B annexed hereto. IN.WITNESS WHEREOF,the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSOR: Signed,sealed delivered in the presence of: City of Palm Gar Gar ns, lorida municipal corporation Witness //�� Print Name: t A Mb L. e11► P • t e OS 4 Pig J!t 41 /14g/0 Title: lens Y0 T� Witness • Print Name: 4 #A4 43( c/ STATE OF 1-1..6 Ia i o is • COUNTY OFi.)r. ,w.c N The foregifg g instrument was acknowledged before me this L day of 7NJ2 ,2-001 ,by ZO$ a ok R. ^n , as YrP-`e.,rk. of The City of Palm Beach Gardens,a Florida mu cipal corporation,who is personally known to me or who has produced• as identification and who did(did not)take an oath. WITNESS my hand and official seal. h , ,,0404i40iW-`•Ck t ceitl eel l d Patlm Beach Gardena do he oefilly.thaf thle trvo copy Not Public • " as taken from.UfY 01frI�elfi�oo�!ds.-ot.the=�lty"d-'P+rlm � ,._. - r Wo/e,T t/ �L.qq�N�� ��pp��pp Beach Gardena. ' f Print Name n►o ialrYtiue�iACVsF�r ' t _ ✓. -/1-7 O,2 COMMISSION 000$7612 My commission exnires. ......:. 10R11/2006 .4411w iMAI. 'fin_ '✓tiC,'tI�ONtY Clalrk • • Market.: South Florida Site No.: FL-2558B Site Name: Burns Road • • LESSEE: Signed, sealed and delivered in the presence of: Nextel South Corp.,a Georgia corporation i����.. d/b/a Nextel Co unicatio 1 i By: _ _ Witness � � Print Name:UC l GPAA)1 .L)a.(r S Print Name: Richard A.Kin ( • • C Title: Vice President of Engineering and Operations Witness A °S �� V)I 1 nk' Print Nam v`JQ — STATE OF 1Ci t.( Z— COUNTY OF l i'(1,_t(1 (x,� The foregoing instrument was acOowledged before me this tzg day ofMY� q 1 by Richard A. Konkey, as Vice President of Engineering and Operati s for Nextel South Corp.,a Georgia corporation,d/b/a Nextel Communications who is personally known to me or who has produced L..i 1A as identification and who did'( not'd take an oath. my hand and official seal. )relVr`r_Qt 1P I Irk—, r co ._K6 JACQUEUNEMCDONALD Print Name 1 1 .: MY COMMISSION i!DD 027222 , = EXPIRES:Febtuary 27,2005 \I esi r eoneeerrhoo ourY PuDNe unOenvdten My commission expires: i rCar�, �r a 1 • • Market.: South Florida Site No.: FL-2558B Site Name: Burns Road MEMORANDUM OF AGREEMENT EXHIBIT A DESCRIPTION OF LAND to the Memorandum of Agreement dated ( pICLOtd 2001, by and between The City of Palm Beach Gardens, a Florida municipal corporation,as Lessor,and Nextel South Corp.,a Georgia corporation,d/b/a Nextel Communications as Lessee. The Land is described and/or depicted as follows(metes and bounds description): PARENT TRACT LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER(SE 1/4)OF SECTION 12,TOWNSHIP 42 SOUTH,RANGE 42 EAST, PALM BEACH COUNTY,FLORIDA AND BEI NG MORE PARTICULARLY DESCRI BED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE THOMPSON RIVER AS DESCRIBED IN OFFICIAL RECORD BOOK 1179 AT PAGE 259,PUBLIC RECORDS OF PALM BEACH COUNTY; BOUNDED ON THE SOUTH BY A LINE 1,260 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 12; BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 9; AND BOUNDED ON THE WEST BY THE EAST LINE OF THE PLAT OF GOLFER'S VILLAGE AS SHOWN IN PLAT BOOK 28,AT PAGE 83; LESS AND EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE EAST LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4432,AT PAGE 239,PUBLIC RECORDS OF PALM BEACH COUNTY. CONTAINING 424,499 SQUARE FEET OR 9.745 ACRES,MORE OR LESS • Market.: South Florida Site No:: FL-2558B Site Name: Burns Road MEMORANDUM OF AGREEMENT EXHIBIT B DESCRIPTION OF PREMISES to the Memorandum of Agreement dated C Destemdev., 2001, by and between The City of Palm Beach Gardens, a Florida municipal corporation,as Lessor,and Nextel South Corp.,a Georgia corporation,d/b/a Nextel Communications as Lessee.' Thompson River r- — — — — —•cUtility I. Pole Utility Line Nextels Lease Area • 45ft x 48ft I 1-95 Ingress & Egress (110 • Not to Scale Lilac St Site Name: Bums Rd I Site Number: FL2558-B Market: South Florida Site No: FL2558B Site Name: Burns Road FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT(GROUND) This First Amendment to Communications Site Lease Agreement(Ground), hereinafter referred to as "First Amendment", is made this,[64" bay of 17caruvau ,2002 by and between the City of Palm Beach Gardens, a Florida municipal corporation with an office at 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 ("Lessor" or "City"), and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, whose address is 851 Trafalgar Court, Suite 300E, Maitland, Florida 32751 (hereinafter referred to as "Lessee"). WITNESSETH: WHEREAS, Lessor and Lessee entered into a Communications Site Lease Agreement (Ground), dated on December 6th, 2001, hereinafter referred to as"Agreement", for the lease of certain real property described in the Lease ("Premises"); and WHEREAS, the parties now desire to modify and amend the Agreement; NOW, THEREFORE, in consideration of the execution of this First Amendment, and the mutual promises, terms, covenants and conditions contained herein,the parties hereto do hereby agree as follows: 1. The foregoing recitations are true and correct and are hereby incorporated by reference. 2. Paragraph 5(c) of said Agreement is hereby deleted in its entirety and replaced with the following: 5(c) As additional consideration, within (15) business days after full execution of this First Amendment, Lessee shall pay to Lessor a one time payment of a signing bonus in the amount of Nine Thousand and 00/100 Dollars ($9,000.00). 3. All other items remain unchanged and in full force and effect. 4. It is the intention of the parties hereto,that in the event of any conflict between the terms of the Agreement and this First Amendment, this First Amendment shall prevail and any conflicting language, terms or provisions in the Agreement shall be inoperative. Capitalized terms in this First Amendment shall have the same meaning as are given in the Agreement, unless otherwise defined in this First Amendment. IN WITNESS WHEREOF,the parties have executed this First Amendment to the Communications Site Lease Agreement on the date and year first above written. Market: South Florida Site No: FL2558B . . Site Name: Burns Road LESSOR: Signed sealed and delivered City of Palm Beach Gardens, a Florida municipal corporation // 4 in the presence of: 1 By:Witness ' ! _ � ,� Print Na ©scp`( YZ't DwssA Print Nam-• R-oL do ow Title: )4• •©et Witness Pa-If/414A.Print Name: .Pith Oe,.t STATE OF FLOC COUNTY OF (1 p The foregoing instrument.was acknowledged before me this iv day of a� 2002, by Tose/IV .�. Rorro , as v�r' of the City of Palm each Gardens, a Florida municipal corporation, who is personally known to me or who has produced '' .ra uy,,crgiscWas identification and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public 4 a4 ' 2) /eavA,6,t/ Print Name RNuIc � EN NOTARY •s My commission expires: commissioN#Door BONDEDED THR ARyt LESSEE: Signed seal-land delivered NEXTEL SOUTH CORP., a Georgia in the • ce of: • corporation, • . Neil el om ications _ - Alf W ne� � / Print ame: J Ammo _ r. ,r Print Name: Richard A. '"- Or Y_ A,A.. 2 if Title: Vice President of Engineering&Operations Witnes- Print Name: a .L IDIESt STATE OF FLORIDA O COUNTY OF 4 —+� The foregoing instrument was acknowledged before me thisll Q. day of `JC.r1L ( ,2002,by Richard A. Konkey, as Vice President of Engineering and Operdtluiis for Nextel South tarp., a Georgia corpo alion, d/b/a Nextel Communications who is_personally known to me or who has produced l� as identification and who did (eia not) take an oath. WITNESS my hand and official seal. EXECUTION COPY ASSIGNMENT AND ASSUMPTION OF GROUND LEASE THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE("Assignment") is made,entered into and effective as of this "a3day of September, 2008 ("Transfer Date"), by Nextel South Corp., a Georgia corporation,having an address at 6391 Sprint Parkway,Mailstop KSOPHT0101-z2650, Overland Park, Kansas 66251-2650 ("Assignor"),to Tower Entity 10 LLC, a Delaware limited liability company,having an address at 6391 Sprint Parkway,Mailstop KSOPHT0101-z2650, Overland Park, Kansas 66251-2650 ("Assignee"). The notice address for the Assignee shall be: Tower Entity 10 LLC c/o TowerCo Acquisition LLC,5000 Valleystone Drive,Cary,North Carolina 27519. Preliminary Statement: Pursuant to that certain Purchase and Sale Agreement dated as of July 23, 2008 (as amended, modified and supplemented from time to time,the "Purchase Agreement"), by and between TowerCo Acquisition LLC,the parties identified as sellers therein(including Assignor), Sprint Spectrum L.P.,as agent for such sellers and the "Tower Entities" (including Assignee) that become parties thereto,Assignor has,among other things, agreed to assign all its right,title and interest in and to the Ground Lease(as defined on Exhibit"A")to Assignee and to assign, transfer and convey to Assignee its right,title and interest in all Towers and Tower Related Buildings and Equipment located on the land demised under the Ground Lease(as such land is further described in Exhibit B(as so described,the"Real Property")). All capitalized terms not otherwise defined in this Assignment shall have the meanings ascribed thereto in the Purchase Agreement. In consideration of the mutual covenants contained in this Assignment, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. ASSIGNMENT. As of the Transfer Date,Assignor for good and valuable consideration as recited in the Purchase Agreement,the receipt and sufficiency of which are hereby acknowledged, does hereby convey,assign,contribute and transfer all of its right,title, and interest in,to and under the Ground Lease, and the leasehold, license or other interest created thereunder,to Assignee and its successors and assigns. 2. ACCEPTANCE OF ASSIGNMENT. Assignee as of the Transfer Date,hereby accepts the foregoing assignment of the Ground Lease and assumes all of the Assumed Liabilities arising under or pursuant to the Ground Lease. FL2067/FL2558 BURNS ROAD 3. APPURTENANT PROPERTY,EASEMENTS,AND IMPROVEMENTS. Assignor hereby grants,bargains, conveys, contributes and transfers to Assignee, its successors and assigns forever, all of Assignor's right, title and interest(subject to Permitted Liens)in and to (i) all appurtenant property and rights relating to the Real Property, (ii)all easements and rights of way benefiting the Real Property, (iii) all Towers located on the Real Property and(iv) all Tower Related Buildings and Equipment located on the Real Property and all other Tower Related Assets located on or relating to the Real Property; excluding,in the case of clauses (i) through(iv), any and all Excluded Assets. 4. BINDING EFFECT. This Assignment will be binding on and inure to the benefit of the parties herein,their heirs, executors, administrators, successors-in-interest and assigns. 5. GOVERNING LAW. This Assignment and its validity, construction and performance will be governed by and construed in accordance with the internal laws of the State of Delaware,without regard to principles of conflicts of laws, except to the extent mandatorily governed by the laws of the state in which the Real Property is located. 6. COUNTERPARTS. This Assignment may be executed in two or more counterparts, each of which will be deemed an original,but all of which together will constitute one and the same instrument. 7. PURCHASE AGREEMENT. This Assignment is intended to implement the provisions of the Purchase Agreement and shall not be construed to enhance, extend or limit the rights or obligations of Assignor or Assignee (it being understood that Assignee will not be deemed to be assuming any Excluded Liabilities). No provision of this Assignment shall in any way modify the express provisions(including without limitation the warranties,representations, covenants, agreements, conditions or any of the obligations and indemnifications of the parties hereto with respect to the subject matter of the Purchase Agreement) set forth in the Purchase Agreement. To the extent any provision of this Assignment is inconsistent with the Purchase Agreement,the provisions of the Purchase Agreement shall control. 8. AMENDMENT. This Assignment may not be amended, waived or otherwise modified except by a written instrument signed by the parties hereto. THIS ASSIGNMENT has been executed by Assignor and Assignee effective as of the Transfer Date. [Signatures on following pages] FL2067/FL255 8 2 BURNS ROAD Witnesses: ASSIGNOR: Nextel South Corp., a Georgia corporation �. _ a int Name: A A J2.6 s Prin game: John F.Buchert Title: Assistant Secretary 40Luto Print Name: "rig 4- FAi21t zi-L State of New York County of New York The foregoi� ins rument was acknowledged before me this l e day of September, 2008, by .Tom► an Assistant Secretary of Nextel South Corp., a Georgia corporation, on behalf of the company.The above-named individual is personally known to me or has produced a drivers license or passport as identification. Notary Public Print Name: My Commission Expires: RETTE TANNENBAUM Notary Public W skit No.01TA8177844 i t�.2011 Commission E FL2067/FL2558 3 BURNS ROAD ASSIGNEE: Tower Entity 10 LLC, a Delaware limited liability company B : • ' rint Name: .C� Name: 0 Title: Assistant Secretary �� - 3UL2Qua Print Name: l ark- F&-OtA LL - State of New York County of New York �Q The foregoing instrument was acknowledged before me this ig day of September,2008, by John F.Buchert an Assistant Secretary of Tower Entity 10 LLC,a Delaware limited liability company, on behalf of the company. The above-named individual is personally known to me or has produced a drivers license or passport as identification. Notary Public Print Name: My Commission Expires: bhp i,-■N,vtNtbAUM Notary Public,State of New York No.01TA6177644 Qualified la t4ew York County CoramMrion EXpMatr oNvernber 14�2011 FL2067/FL2558 4 BURNS ROAD EXI-IIBIT "A" The Ground Lease That certain lease agreement(the"Ground Lease")dated December 6, 2001 by and between City Of Palm Beach Gardens, as lessor, and Assignor,as lessee, with respect to that certain parcel of real property("Real Property") located in the County of Palm Beach, State of FL, which Real Property is more particularly described on Exhibit"B"attached hereto. The Memorandum of the Ground Lease is recorded in Book ,Page or as Official Document/Instrument Number ,in the Register's office of Palm Beach County, State of FL. FL2067/FL2558 5 BURNS ROAD Exhibit B • Real Property • Market: South Florida Site No.: FL-255813 Site Name: Burns Road RCHIBIT A DESCRIPTION OF LAND to the Agreement dated ,2001,by and between The City of Palm Beach Gardens,a Florida municipal corporation, as Lessor,and Nextel South Corp.,a Georgia corporation,d/b/a Nextel Communications as Lessee. The Land is described and/or depicted as follows(mete;and bounds description): PARENT TRACT LEGAL DESCRIPTION; A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER(SE I/4)OF SECTION 12,TOWNSHIP 42 SOUTH,RANGE 42 EAST, PALM BEACH COUNTY,FLORIDA AND BEI NG MORE PARTICULARLY DESCRI BED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE THOMPSON RIVER AS DESCRIBED IN OFFICIAL RECORD BOOK 1179 AT PAGE 259,PUBLIC RECORDS OP PALM BEACH COUNTY; BOUNDED ON THE SOUTH BY A LINE 1,260 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 12; BOUNDED ON THE BAST BY THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 9, AND BOUNDED ON THE WEST BY THE EAST LINE OF THE PLAT OF GOLFER'S VILLAGE AS SHOWN IN PLAT BOOK 28,AT PAGE 63: LESS AND EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE EAST LINE OF THB PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4432,AT PAGE 239,PUBLIC RECORDS OP PALM BEACH COUNTY. CONTAINING 424,499 SQUARE FEET OR 9.745 ACRES,MORE OR LESS • • s • • • FL2067 Burns Road 5 Ilvdeee vrrao October 20, 2008 CITY OF PALM BEACH GARDENS FL FINANCE MANAGER 10500 N MILITARY TRL PALM BEACH GARDENS,FL 33410-4628 Dear CITY OF PALM BEACH GARDENS FL: Re: Lease Agreement dated December 6,2001,by and between CITY OF PALM BEACH GARDENS FL("Landlord")and Nextel South Corp.,demising certain real property located in the County of PALM BEACH,Florida("Property") Site Name:Burns Road;Site Number:FL2067 Effective September 23,2008,TowerCo Assets LLC("TowerCo"),acquired the above referenced tower. This letter is your written notification of the assignment from Nextel South Corp.to TowerCo. Our records indicate that the Lease Commencement Date was June 4, 2002. Please indicate on the attached Landlord Information Form if this date is not correct. The enclosed rent check is for the month of November. In the event that you receive your payments through direct deposit,your banking information will be transferred from Sprint and will be processed over the next few pay cycles. You will not need to complete a new direct deposit form. In an effort to ensure efficient communication with property owners and to verify our Landlord database,we ask that you take a moment to complete the attached forms and forward the completed forms to our office: TowerCo Attn:Property Management 5000 Valleystone Drive Cary,NC 27519 Main Number: (919)469-5559 or(866)460-5559 Fax Number: (919)469-5530 We thank you for your cooperation and look forward to doing business with you. Sincerely, Jennifer A. Courtemanche Director Lease Accounting TowerCo TowerCo Enc. 5000 Valleystone Dr 914.469.5559 419.469.5530 info @towerco.com www.towerco.corn Cary,NC 27519 PAL206 1 TowerCo Landlord Information Form Site Name: Burns Road Site Address: Nw Quad Of Lilac St 8 Plant Dr F inal Add Form Palm Beach Gardens, FL 33410 TowerCo Site Number: FL2067 Site Lease Commencement Date: June 4, 2002 Landlord Contact Information: Name: Address: City: State: Zip: Phone: Fax: Email: Return to: TowerCo 5000 Valleystone Dr. Cary, NC 27519 Fax: (919) 469-5530 Special Instructions/ Comments: AUTHORIZATION AGREEMENT FOR DIRECT DEPOSITS (ACH CREDITS) TOWER ID FL2067 LESSOR NAME I (we) hereby authorize , hereinafter called TowerCo, to initiate credit entries and to initiate, if necessary, debit entries and adjustments for any credit entries in error to my (our) Checking Savings account (select one) indicated below and the depository named below, hereinafter called BANK, to credit and/or debit the same to such account. BANK NAME BRANCH CITY STATE ZIP TRANSIT/ABA NO. ACCOUNT NO. This authority is to remain in full force and effect until TowerCo has received written notification from me (or either of us) of its termination in such time and in such manner as to afford TowerCo and BANK a reasonable opportunity to act on it. NAME(S) (PLEASE PRINT) SIGNED X DATE SIGNED X DATE ***** ATTACH A VOIDED CHECK***** Form 1A1-9 Request for Taxpayer Give form to the (Rev.October 2007) Identification Number and Certification requester. Do not Department at me Treasury send to the IRS. Internal Revenue Samos Name(as shown on your income tax return) r4 1 Business name,If different from above 5 Check appropriate box: ❑ IndividuaVSole proprietor ❑ Corporation ❑ Partnership t' ❑ Limited liability company.Enter the tax classification(D.disregardsd entity,C=corporatfon,P=partnership)► ❑ Exempt b ❑ Other(see instructions)• Payee Address(number,.Neat,and apt.or suite no.) Requesters name and address(optional) City,state,and ZIP code AList account numbers)here(optional) Part 1 Taxpayer Identification Number(TIN) Enter your TIN In the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding.For Individuals,this Is your social security number(SSN).However, for a resident , i alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other entities,it is your employer Identification number(EJN).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 Employer Identification number number to enter. i Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a)i am exempt from 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.citizen or other U.S.parson(defined below). Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax 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 en individual retirement arrangement(IRA).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 Signature of Here u.s.person ► Date D. General Instructions Definition of a U.S. person. For federal tax purposes, you are Section references are to the Internal Revenue Code unless considered a U.S.person if you are: otherwise noted. • An Individual who is a U.S.citizen or U.S.resident alien, • A partnership, corporation,company, or association created or Purpose of Form organized In the United States or under the laws of the United A person who le required to file an information return with the States, IRS must obtain your correct taxpayer identification number(TIN) • An estate(other than a foreign estate),or to report, for example,income paid to you. real estate • A domestic trust(as defined In Regulations section transactions,mortgage interest you paid, acquisition or 301.7701-7). abandonment of secured property, cancellation of debt,or Special rules for partnerships.Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W-9 only If you are a U.S.person (including a pay a withholding tax on any foreign partners'share of income resident alien),to provide your correct TIN to the person from such business. Further,in certain cases where a Form W-9 requesting it(the requester)and,when applicable,to: has not been received,a partnership is required to presume that 1.Certify that the TiN you are giving is correct(or you are a partner is a foreign person,and pay the withholding tax. waiting for a number to be issued). Therefore, if you are a U.S. person that Is a partner in a 2,Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States. provide Form W-9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding If you are a U.S status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income, U.S. person,your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S.status and avoiding withholding foreign partners' share of effectively connected income. on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the request your TIN,you must use the requester's form if it is following cases: substantially similar to this Form W-9. a The U.S.owner of a disregarded entity and not the entity. Cat No 10231X Form W-9 (Rev 10.2007) De1aware PAGE 1 Tie First State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "TOWER ENTITY 10 LLC", A DELAWARE LIMITED LIABILITY COMPANY, WITH AND INTO "TOWERCO ASSETS LLC" UNDER THE NAME OF "TOWERCO ASSETS LLC", A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY—THIRD DAY OF SEPTEMBER, A.D. 2008, AT 2:16 O'CLOCK P.M. moo 0 ' Harriet Smith Windsor,Secretary of State 4595986 8100M �� p' AUTHENTICATION: 6869101 080978148 DATE: 09-23-08 You may verify this certificate online at corp.delaware.gov/authver.shtml State of Delaware Secretary of State Division of Corporations Delivered 02:08 PM 09/23/2008 FILED 02:16 PM 09/23/2008 SRV 080978148 - 4595986 FILE CERTIFICATE OF MERGER OF TOWER ENTITY 10 LLC (a Delaware limited liability company) AND TOWERCO ASSETS LLC (a Delaware limited liability company) The undersigned, a limited liability company formed and existing under and by virtue of the Delaware Limited Liability Company Act DOES HEREBY CERTIFY THAT: 1. The name and state of fonnation of each of the constituent limited liability companies to the merger are as follows: Name State of Formation Tower Entity 10 LLC Delaware TowerCo Assets LLC Delaware 2. An Agreement and Plan of Merger between the parties to the merger has been approved, adopted and executed by each constituent limited liability company in accordance with the requirements of Section 18-209 of the Delaware Limited Liability Company Act. 3. The name of the surviving limited liability company shall be TowerCo Assets LLC. 4. The Certificate of Formation of TowerCo Assets LLC as now in force and effect,shall continue to be the Certificate of Formation of said surviving limited liability company until amended and changed pursuant to the provisions of the Delaware Limited Liability Company Act. 5. The merger shall be effective upon the filing of this Certificate of Merger with the Secretary of State of the State of Delaware. 6. The executed Agreement and Plan of Merger is on file at the office of the surviving company, the address of which is do TowerCo II Holdings LLC, 5000 Valleystone Drive, Cary,North Carolina 27519. Doc":US1:5339562v1 2 7. A copy of the Agreement and Plan of Merger will be furnished by the surviving company,on request and without cost,to any member of any constituent limited liability company. Executed as of September 23,2008. TOWERCO ASSETS LLC OckA•t—e By: Name: Daniel Hunt Title: Authorized Person VW;VS1:$339362v1 EXECUTION COPY ASSIGNMENT AND ASSUMPTION OF GROUND LEASE THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE("Assignment")is made,entered into and effective as of this day of September,2008("Transfer Date"),by Nextel South Corp.,a Georgia corporation,having an address at 6391 Sprint Parkway,Mailstop KSOPHT0101-z2650,Overland Park,Kansas 66251-2650("Assignor"),to Tower Entity 10 LLC,a Delaware limited liability company,having an address at 6391 Sprint Parkway,Mailstop KSOPHT0101-z2650,Overland Park, Kansas 66251-2650 ("Assignee").The notice address for the Assignee shall be: Tower Entity 10 LLC c/o TowerCo Acquisition LLC,5000 Valleystone Drive,Cary,North Carolina 27519. Preliminary Statement: Pursuant to that certain Purchase and Sale Agreement dated as of July 23,2008 (as amended,modified and supplemented from time to time,the "Purchase Agreement"),by and between TowerCo Acquisition LLC,the parties identified as sellers therein(including Assignor), Sprint Spectrum L.P.,as agent for such sellers and the"Tower Entities"(including Assignee) that become parties thereto,Assignor has,among other things,agreed to assign all its right,title and interest in and to the Ground Lease(as defined on Exhibit"A")to Assignee and to assign, transfer and convey to Assignee its right,title and interest in all Towers and Tower Related Buildings and Equipment located on the land demised under the Ground Lease(as such land is further described in Exhibit B(as so described,the"Real Property")). All capitalized terms not otherwise defined in this Assignment shall have the meanings ascribed thereto in the Purchase Agreement. In consideration of the mutual covenants contained in this Assignment, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. ASSIGNMENT. As of the Transfer Date,Assignor for good and valuable consideration as recited in the Purchase Agreement,the receipt and sufficiency of which are hereby acknowledged,does hereby convey,assign,contribute and transfer all of its right,title, and interest in,to and under the Ground Lease, and the leasehold, license or other interest created thereunder,to Assignee and its successors and assigns. 2. ACCEPTANCE OF ASSIGNMENT. Assignee as of the Transfer Date,hereby accepts the foregoing assignment of the Ground Lease and assumes all of the Assumed Liabilities arising under or pursuant to the Ground Lease. FL2067/FL2558 BURNS ROAD 3. APPURTENANT PROPERTY,EASEMENTS,AND IMPROVEMENTS. Assignor hereby grants,bargains,conveys,contributes and transfers to Assignee, its successors and assigns forever,all of Assignor's right,title and interest(subject to Permitted Liens)in and to (i)all appurtenant property and rights relating to the Real Property,(ii)all easements and rights of way benefiting the Real Property, (iii) all Towers located on the Real Property and(iv) all Tower Related Buildings and Equipment located on the Real Property and all other Tower Related Assets located on or relating to the Real Property; excluding, in the case of clauses(i) through(iv),any and all Excluded Assets. 4. BINDING EFFECT. This Assignment will be binding on and inure to the benefit of the parties herein,their heirs,executors, administrators,successors-in-interest and assigns. 5. GOVERNING LAW. This Assignment and its validity,construction and performance will be governed by and construed in accordance with the internal laws of the State of Delaware,without regard to principles of conflicts of laws, except to the extent mandatorily governed by the laws of the state in which the Real Property is located. 6. COUNTERPARTS. This Assignment may be executed in two or more counterparts,each of which will be deemed an original,but all of which together will constitute one and the same instrument. 7. PURCHASE AGREEMENT. This Assignment is intended to implement the provisions of the Purchase Agreement and shall not be construed to enhance,extend or limit the rights or obligations of Assignor or Assignee(it being understood that Assignee will not be deemed to be assuming any Excluded Liabilities). No provision of this Assignment shall in any way modify the express provisions(including without limitation the warranties,representations, covenants, agreements, conditions or any of the obligations and indemnifications of the parties hereto with respect to the subject matter of the Purchase Agreement) set forth in the Purchase Agreement. To the extent any provision of this Assignment is inconsistent with the Purchase Agreement,the provisions of the Purchase Agreement shall control. 8. AMENDMENT. This Assignment may not be amended,waived or otherwise modified except by a written instrument signed by the parties hereto. THIS ASSIGNMENT has been executed by Assignor and Assignee effective as of the Transfer Date. [Signatures on following pages] FL2067/FL2558 2 BURNS ROAD Witnesses: ASSIGNOR: Nextel South Corp.,a Georgia corporation B 4 ihlry /Ill int Name: t Pn ame: John F.Ruch! I Title:Assistant Secretary j_ciLtAti2p Print Name: Tlrf 4- FA L/.JL_ State of New York County of New York The foregoing str ent was acknowledged before me this I eday of September, 2008, by J om Sunhat an Assistant Secretary ofNextel South Corp., a Georgia corporation, on behalf of the company.The above-named individual is personally known to me or has produced a drivers license or passport as identification. Notary Public Print Name: My Commission Expires: Not" eofNewYolk illied commission OWE Yorkco�ty FL2067/FL2558 3 BURNS ROAD • ASSIGNEE: Tower Entity 10 LLC, a Delaware limited liability company X-4r. 'rint Name: 4.,4 Name: ' ' ' ' Title: Assistant Secretary Print Name: State of New York County of New York / The foregoing instrument was acknowledged before me this G le day of September,2008, by John F.Buchert an Assistant Secretary of Tower Entity 10 LLC, a Delaware limited liability company, on behalf of the company. The above-named individual is personally known to me or has produced a drivers license or passport as identification. Notary Public Print Name: My Commission Expires: Cht, ; lrN+vti1bAUM Notary Public,State of New York No.01TA8177644y Exppfteo YjrO N►>�uu 1��2011 FL2067IFL25S8 q BURNS ROAD EXHIBIT"A" The Ground Lease That certain lease agreement(the"Ground Lease")dated December 6,2001 by and between City Of Palm Beach Gardens,as lessor,and Assignor,as lessee,with respect to that certain parcel of real property ("Real Property")located in the County of Palm Beach, State of FL,which Real Property is more particularly described on Exhibit`B"attached hereto. The Memorandum of the Ground Lease is recorded in Book ,Page or as Official Document/Instrument Number , in the Register's office of Palm Beach County, State of FL. FL2067/FL2558 5 BURNS ROAD , • -- -----Exhibit B • • ilk •Real Property a 4 • Market.: South Florida $ite No.: FL-2558B •Site Name: Bums Road WPM'BIT A DESCRIPTION OF LAND to the Agreement dated ,2001,by and between The City of Palm Beach Gardens.a Florida municipal corporation, i as Lessor,and Neste)South Cory.,a Georgia corporation,d/Wa Neatel Communications as Lessee. The Land is described and/or depicted u follows(metes and bounds description): PARENT TRACT LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER(SE 1/4)OF SECTION 12,TOWNSHIP 42 SOUTH,RANGE 42 EAST, PALM BEACH • COUNTY,FLORIDA AND BEI NG MORE PARTICULARLY DESCR1 BED AS FOLLOWS: ' BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE THOMPSON RIVER AS DESCRIBED IN OFFICIAL RECORD BOOK 1179 AT PAGE 239,PUBLIC RECORDS OP PALM BEACH COUNTY; BOUNDED ON THE SOUTH BY A LINE 1,260 FEET NORTH OF AND PARALLEL TO THE SOUTH UNE OF SAID SECTION 12: BOUNDED ON THE EAST BY THE WEST RIGHT.OP-WAY LINE OF STATE ROAD 9: AND BOUNDED ON THE WEST BY THE BAST LINE OP THE PLAT OF GOLFER'S VILLAGE AS SHOWN IN PLAT BOOK 28,AT PAGE 83; LESS AND EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE EAST LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4432,AT PAGE 239,PUBLIC RECORDS OF PALM BEACH COUNTY, CONTAINING 424,499 SQUARE FEET OR 9.745 ACRES,MORE OR LESS • S • • .• • • FL2067 Burns Road 3 a..w Vhws 8 I CALL FO E YOU DI T.N BEFORE HOURS OUOIG IT'S THE LAIM )9) .TO I10.F 330 60Y y ---- DIAL Bmnl aeouvRae.BC � ) a CT INFORMATION: SPRINT PALM BEACH GARDENS 301000 0(0 TRUE SITE No 68682 N SD• k x x X Ex—STNS(GAZE X % X-110 X F.n%n-c a' U La rXFEHCF_0—H X •.a •` c* 4132 PALM BEACH uGARDENS.EFL 33410 6 ____ .� •• PALM BEACH COUNTY V . L' Ffil nR F �f .AG`" URRENT ISSUE DATE: X,R / / / A 0•••••••• N JULY 2008 I I 1 270'T1,� 9O• SSUEO FOR / I PRELIMINARY NGS I / j =0 I 6��•-��• ,•120' . : E A/ I ,� IRO' 1 0 Exlvnvc I 1L w»a:sr,cvn(si o»"x.;x 910w+N 0 a GAoAR. a..,m«. D COLAk LENT SHELTER I 9 I : E I �` _./ FF.E..16.SJ I Q i I E -F , E%O 50o GAL ANTENNA ORIENTATION DIAGRAM Cm ./ ►. 7 PROPANE TAM(i0 ■�� III 1- BE REYOEED(BY 1 ' 1 5 '14 I0 11ERYNX SLAB / K ,B I #A' �I D I I p$I X I ���� I I Ir o I y `6 ( I ,�•r♦ '4' 1 I IM y 4 SECTOR AN,EIR.0 T5PE EL DO(MIE`nlT At T1LNA'e Fy (� / I '4 v _^ 1 2 BETA 1 BSA 188065-12-2 1151: O• I NO �. ,4B... A 0 1 BETA 2 BSA 1ssa6s-1z-2 11511: r 12v• Na 5 PREPARED BY: GAMMA S BSA 185065-12-2 1155 0' 240• NO 99 PROPOSED 20.2 •..+,J9•$7. ♦ s Q im e Horn yF? CX/SRNG NEtAL wAAEGUIDE BRIDGE cow.c oB s..0 sw.cr Nrgw.TIDN TO Al.A.06ENIA MN 6 TE E. < Box ♦ �:• , '� PROPOSED 9AONITSTNCTIM[II wTN BENN.]NORM N own.MOPE. RATTAN. _MA 800 SsOCi*(eS, Inc. �° I� .�♦•.•.•..,,� O�' EIEIRF.4.RACK S O {IJI EYBARCAOERO OR.s.'�. p �� �. BEST PALM BEACH,FLORIDA SJ100 RIPE CA80810098 i$ � .' A E ER RA I Ra)ECr 040k .,N NN»R�6 LEEND f�f�& � •�������` x�i��( s5 Bn[ABNW1s NM YM,WN, E• I �♦ 0 76.0. 0:0.,...:.6'KPoCON O ELECIIXC LOAD CENTER W�fE 1Qe NR LEASE PARCEL(2645F� ..9.°"'"'.'"7 �/� �' •�•♦•.,' FNS756 MON 00601 Sp, L •0G0N20,nEA�CI. (SEE ELECPBC.L SHEETS FOR DETAILS) ���_ tArB 41* TTS 6 '�•♦•♦�' SEE DETASHT.8 ROW ION: sTIWA�raw•YMUTIN Iti pEpA b I ,%♦�•�•� Ate,:: Co PRdUS[D 04ESEL GENERAIm ©uE R0�r0 IVWEOP`�`ASOIIR °[Odi0WA11XCIE iI II ,����������� (1)s%e XY BTaN40H9 G MTH BERIZON NRELE55 CPN BY:�H(--APV.' I r1 1 `\•♦....•�: O.H.CABLE TRAY PI"B OORR AED E0111VTMDITCaIN 9EM O N�OOb DENIER I08 ON H-RACK NIL RCM I RCM }a I .� AND PULLINS Au.ANCHORS MR CENSU ' i y JIY NLIFACTURER'S RECOYYENOATgXS. ©PROPOSEOR STNt1LCOND1Ai BETWEEN OA' S1flw- 'y 0. 6'CNAw LNM'FENCE % x�x--% X x ©PROPOSED Y00 CELL 4.0 (YNERATOR AN°LOAD CEIIIER XFw N.>pIAXEM PE BOn1 j� FxUSnNG CA IX X x-tx 51' (SEE ELECIPoCK SH i.FOR DEEMS) 8508.!YORN901 T4 51S6i SC ®PROPOSED S/!'BATTERS CNARQR O PROPOSED BAiTFRN.50)O N CONDUIT BETWEEN GENERATOR AND OUST..A.ALWAAQ PI 675•3 11 - LAMSCAFEO (SEE ELE'L"TA. SNi.FOR DETAILS) LOAD CENTER NQIMA FAROWD AE ALAN • Ri n CASTING BOON PROPANE 4�a4a.� GENERATOR TO BE REBORED t AND REPLA0ED Rm.MEN r�i ©PROPOSED'�0071 00 Q PROPOSED i 1FLC0 moor FROM A 1111E Qa BOIW DIESEL GENERATOR (SEE ELEC116C.L Ali.FOR DUNES) TE1c0 BOX Cl 11-RACK TO TELCO !s (BY oTHENS) 0 PROPOSED BATTERY caRET A oeNARC,EnaN PaXi SITE PLAN ay I I (SEE ELECTRICAL SHE.FOR DETAILS) g/ I I O PROPOSED ELECTRIC OSCONXEC1 581(1 leg % `1. i (SEE ELECTMCN DRAW CCS FOR DETAILS) EET NUMBER i I I O PROPOSED J8H.8 6W.1LC0 BOL y1 (SEE ELECTRICAL 0RA8NGS FOR DETAILS) QAGTOYATC TRANSFER SNTCH AND(SEE 4 OF 9 A ` B ELECTRICAL DRANNGS FOR DETAILS) re, tk SITE PLAN ¢{ C� 9 XE FEET O CANE (EE CTNGL OR N9NGS FOM`DI `�0 KHA Job�: Z DETAILS) II I 044047587 1 RESOLUTION 39, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE SECOND 6 AMENDMENT TO THE GROUND LEASE BETWEEN TOWERCO 7 ASSETS LLC AND THE CITY OF PALM BEACH GARDENS FOR 8 THE TELECOMMUNICATIONS TOWER AT LILAC PARK; 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, on December 6, 2001, the City approved Resolution 165, 2001, 13 approving a ground lease agreement with Nextel South Corporation for the installation 14 and operation of a wireless communications facility at Lilac Park; and 15 16 WHEREAS, on January 10, 2002, the City approved Resolution 179, 2001, 17 authorizing the construction of a 125-foot telecommunications tower on the City's Lilac 18 Street Park, to be owned and operated by Nextel South Corporation; and 19 20 WHEREAS, on January 16, 2002, the City and Nextel South Corporation 21 executed the First Amendment to said ground lease agreement; and 22 23 WHEREAS, on September 23, 2008, Nextel South Corporation, as Assignor, and 24 Tower Entity 10 LLC, as Assignee, executed an Assignment and Assumption of Ground 25 Lease for the telecommunications tower at Lilac Park; and 26 27 WHEREAS, on September 23, 2008, TowerCo Entity 10 LLC merged with and 28 into TowerCo Assets LLC; and 29 30 WHEREAS, the City and TowerCo Assets LLC desire to further amend said 31 ground lease agreement; and 32 33 WHEREAS, the City Council has deemed adoption of this Resolution to be in the 34 best interest of the citizens and residents of the City of Palm Beach Gardens. 35 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF PALM BEACH GARDENS, FLORIDA that: 39 40 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 41 42 SECTION 2. The City Council hereby approves the Second Amendment to the 43 ground lease between the City of Palm Beach Gardens and TowerCo Assets LLC, 44 attached hereto as Exhibit "A", and authorizes the Mayor to execute such Amendment. 45 46 SECTION 3. This Resolution shall become effective immediately upon adoption. 47 Resolution 39, 2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 8 BY: 9 Joseph R. Russo, Mayor 10 ATTEST: 11 12 13 14 BY: 15 Patricia Snider, CMC, City Clerk 16 17 18 APPROVED AS TO FORM AND 19 LEGAL SUFFICIENCY 20 21 22 23 BY: 24 R. Max Lohman, City Attorney 25 26 27 28 VOTE: AYE NAY ABSENT 29 30 MAYOR RUSSO 31 32 VICE MAYOR LEVY 33 34 COUNCILMEMBER JABLIN 35 36 COUNCILMEMBER BARNETT 37 38 COUNCILMEMBER PREMUROSO 39 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Resolution 39 2009-TowerCo lease amendment.docx 2 Resolution 39, 2009 EXHIBIT "A" SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT THIS SECOND AMENDMENT to a Communications Site Lease Agreement (Ground) (hereinafter this "Second Amendment") is entered into effective as of the latter of the signature dates below, by and between TOWERCO ASSETS, LLC, a Delaware limited liability company (hereinafter the "Lessee") and the CITY OF PALM BEACH GARDENS, (hereinafter the "Lessor" or the "City"). WHEREAS, a Communications Site Lease Agreement (Ground) dated December 6, 2001 and amended by the First Amendment dated January 16, 2002 (collectively, the Site Agreement as amended by this Second Amendment and as the same further may be amended, restated, supplemented, or otherwise modified and in effect from time to time, hereinafter the "Agreement") was entered into by Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications (hereinafter "Sprint") and the Lessor; and WHEREAS, effective as of September 23, 2008, Sprint, together with its affiliates, assigned all its rights and interest in the Agreement to TowerCo 10 LLC, a Delaware limited liability company (hereinafter "Tower Entity") under that certain Assignment and Assumption of Ground Lease dated September 23, 2008, and recorded November 23, 2008, in Book 22967, Page 308 in the Palm Beach County, Florida Register of Deeds. Thereafter, Tower Entity was acquired by and merged into the Lessee; and WHEREAS, the Lessor has requested that a portion of the access easement to the Premises be relocated, and the Lessee has agreed to such relocation. NOW, THEREFORE, for and in consideration of the premises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Lessor and the Lessee hereby agree as follows: 1. Access. Exhibit "B" to the Agreement is hereby deleted in its entirety and replaced with the Exhibit "B-1", attached hereto and incorporated herein. All references in Exhibit "B-1" to "Nextel" are deleted and replaced with "TowerCo Assets, LLC". 2. Agreement in Full Force. All terms and conditions of the Agreement not expressly modified by this Second Amendment shall remain in full force and effect, and in the event of any inconsistencies between this Second Amendment and the terms of the Agreement, the terms set forth in this Second Amendment shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. 3. Counterparts. This Second Amendment may be executed in one or more counterparts which shall be construed together as one document. 4. Defined Terms. Unless otherwise defined, all defined terms used in this Second Amendment shall have the meanings ascribed to them under the Agreement. 5. Successors and Assigns. Upon full execution by the Lessee and the Lessor, this Second Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, assigns, receivers, and trustees; • and (ii) may be modified or amended only by a written agreement executed by each of the parties. 6. Non-Binding until Fully Executed. This Second Amendment is for discussion purposes only and does not constitute a formal offer by either party. This Second Amendment is not and will not be binding on either party until and unless it is fully executed by both parties. IN WITNESS WHEREOF, the parties have executed this Second Amendment on the dates hereinafter written. Executed by the City this day of , 2009. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGA SUFFICIENCY: BY: , Robert A. Rosillo, Asst. City Attorney 2 Executed by the Lessee this day of Mal , 2009. TOWERCO ASSETS, LLC, a Dela are limited liability company By: I Print Name: 1 ,. ;e, t Yi-�- Title: Iffln! PO WITNESSES: [CORPORATE SEAL] By: 'finn. Mil&m • Print Name: 1i1 Prin Na e: c. STATE OF NORTH CAROLINA ) )SS COUNTY OF WAKE ) ON THIS )L4 day of Mall _ , 2009, before me, the undersigned ,h notary public, personally appeared ( i 2t 1T1t-E , personally known to me, ,-as :0^01:1 identification, and is the person whose name is subscribed as the Vi P(e5ickJ- # C>✓o of TowerCo Assets, LLC and who acknowledged that he/she executed the same on behalf of said Corporation and that he/she was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set m hand and official seal. \\01004 CA44. CAS. 1 (4, N ARYPUBLIC 5.-- 3 P( ,L Lamp oc ti NOTA PUBLIC = Print or Type Name ���� c, \`� My Commission Expires: 3-da-/`l /� '8RNW G:\attorney_share\AGREEMENTS\towerco amendment communications site lease agmt-ground-2009.docx 3 EXHIBIT B-1 L.caYbr UAW. I. 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I� 1 r.. 6 7IJIQIW e 6 LIMO W W1OI 1.60.235 LEM Mlal xl•R e r w. + mow]r•le I M•Wa I •Fe 9`10.4.41:.••: (Recorder's Use Above This Line) STATE OF FLORIDA Parcel No: Please cross reference the document recorded COUNTY OF PALM BEACH in Book 14063, Page 770. AMENDMED MEMORANDUM OF AGREEMENT Document Date: Grantor/Lessor:: City of Palm Beach Gardens Address: 10500 N. Military Trail Palm Beach Gardens, FL 33410 Grantee/Lessee: TowerCo Assets LLC, a Delaware Limited Liability Company Address: 5000 Valley Stone Drive, Ste 200 Cary, NC 27519 Prepared by and after recording return to: Attn: Debbie Campbell TowerCo Assets LLC 5000 Valleystone Drive Cary,NC 27519 TowerCo ID:FL2067 Page 1 of 4 DM 703018 AMENDED MEMORANDUM OF AGREEMENT This Amended Memorandum of Agreement ("Amended Memorandum") is entered into on this day of 2009, by and between TOWERCO ASSETS LLC, a Delaware limited liability company, having a mailing address of 5000 Valleystone Drive, Cary, NC 27519 (hereinafter referred to as"Lessee") and CITY OF PALM BEACH GARDENS, having a mailing address of 10500 N. Military Trail, Palm Beach Gardens, FL 33410 (hereinafter referred to as "Lessor"). WHEREAS, Lessor and Nextel South Corp. a Georgia corporation, d/b/a Nextel Communications ("Sprint") are parties to that certain Communications Site Lease Agreement (Ground) dated December 6, 2001 ("Lease"); and WHEREAS, the Lease is evidenced by that certain Memorandum of Lease was which was recorded on August 22, 2002, in the Palm Beach County Commissioners Registry in Book 14063, Page 770 (the "Memorandum"); and WHEREAS, effective as of September 23, 2008, Sprint, together with its affiliates, assigned all its rights and interest in the Agreement to TowerCo 10 LLC, a Delaware limited liability company (hereinafter "Tower Entity") under that certain Assignment and Assumption of Ground Lease dated September 23, 2008, and recorded November 23, 2008, in Book 22967, Page 308 in the Palm Beach County, Florida Register of Deeds. Thereafter, Tower Entity was acquired by and merged into the Lessee; and WHEREAS, the Lease was amended by that certain unrecorded Second Amendment to Communications Site Lease Agreement executed by Lessor and Lessee in 2009 ("Second Amendment"), which Second Amendment replaced Exhibit B to the Lease; and NOWTHEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree to amend the Memorandum as follows: 1. Exhibit B of the Memorandum is deleted in its entirety and replaced with Exhibit B-1 attached hereto. 2. This Amended memorandum may be executed in two or more counterparts, all of which shall be considered the same agreement and will not be binding on either party until and unless it is fully executed by both parties. IN WITNESS WHEREOF, the parties have executed this Amended Memorandum as of the later day and year below written. TowerCo ID:FL2067 Page 2 of 4 DM 703018 CITY OF PALM BEACH GARDENS WITNESSES: BY: Joseph R. Russo, Mayor By: Print Name: ATTEST: By; Print Name: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Ro ert A. osillo, Asst. City Attorney STATE OF FLORIDA ) )SS COUNTY OF PALM BEACH ) ON THIS day of , 2009, before me, the undersigned notary public, personally appeared , personally known to me, or who has produced as identification, and is the person whose name is subscribed as the of City of Palm Beach Gardens and who acknowledged that he/she executed the same on behalf of said Corporation and that he/she was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC Print or Type Name My Commission Expires: TowerCo ID:FL2067 Page 3 of 4 DM 703018 TOWERCO ASSETS LLC, a De ware limited liability company B . Print Name: Daniel unt Title: Vice President and CFO WITNESSES: [CORPORATE SEAL] By: 1 tia.rNL Print Name: Oa _ �i. By Prin Name: r. - 'C. STATE OF NORTH CAROLINA ) )SS COUNTY OF WAKE ) ON THIS lei day of I14Q64 , 2009, before me, the undersigned notary public, personally appeared Daniel Hunt, personally known to me, ewe-has odtteed 09 aridentifteation, and is the person whose name is subscribed as the Vice President and CFO of TowerCo Assets, LLC and who acknowledged that he/she executed the same on behalf of said Corporation and that he/she was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .0,‘Oft Cotio"/ ICL).) ati144.)-1- �i NOT Y PUBLIC oom f NOTAR �_ P PUBLIC = Print or Type Name My Commission Expires: y iigfiTI(SII� TowerCo ID:FL2067 Page 4 of 4 DM 703018 EXHIBIT B-1 LMation Sketch ror m drNq RATTLY SCRIP710N (hem �1 ` ® Symbols Legend: NOTES: aas DESCPoP710N Of YEFRZpN RTRELESS LEASE PARCEL >ti •P sWNEY ODES MDT REELECT 0R oETEESUNE DWKRSS. w:,Npaw.if•r.w w ,-°.IN 4/ r)y x.,w x t�..e a s.:w w a c.. d CONCRETE LNNI PULE 1. BAS r0,mVD'88. IIM.°w rso.i,m.n W fr r.vy)aem,i SarIM1°aaarW i]Ealn Pdm B�i9N G ��)aflq�CrM4.g0 Paul . r�r,ss - _ It ]" ..tr METAL UMW POLE 2. ELEVATIONS SHOWN HEREON ARE N FEET. BErG s .YN r bw".I ren«-_s i "' pvtwwarr,a«v 0.1 are 1000.. r IMO r ., -sOaxN LINT PaE BASED ON PO FOLLOW.PAM rncN 6▪ `.w'SNe�a..."-°a:.+.w'..-.ter-q•...-•>•y w.u. ' rryrt-al-way Ir/.)IM w g I � Ne t. .. . 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Neeze / r w.ao nn m I 9I` r oaf .� "��' 1 I 6 I I ■ / 1T.tx'N� ( a.+a r .rB LYL :� ! I _ : w 1. _ yru are .a««,P,a LEGEND: GRAPHIC TN:AL C {/1 �C SCALE w / 1 P.� ,••� I 1 30 / -+.._ R PARENT TRACT 'I 7 D o uE1 v9.TNN a� �r --- --_ 1013 dWwNNwrs xor...AAA \ ...RA O ON-ON IralONa u, -SR 3�.__1uL_J• S C a 3 I I 7N • N X81 a 0IS ,� 0. aroma IIENr (x FEET) nm.So Mt __ a S 4 _I9 mNM - I / I._ NOE NalNEO I Y //C SF 3 pAIERR WAN ROD / N _ - - .- _ •.-- _ 1069.tw,.W.WM , 1 ./LyP SIMPED'KZ-u.7, - -_---- n w..ema faWeprM mi.) r kr o 6ET Not.SET PR NAIL WM MASS DM p _:1- �6 I It - - - -- - liars-uxo•eOwwY maAnM],)EN , - Ir I i N 6N MA..OR WEN T. / r Pa comm.. N�C�ARM WW INCA EA Ea / 940. cW SKETCH OF PARENT TRACT Iy ` .e.-aRloNrziECOm)IOMI / 3 NA0 ) tORr ( ��''7 a e'1 get - - v/ - -I N.1D sW erc VP 49 m s4.Y .Lon `i 8. ai O- .CO•roH aa' 49<06.111. p/ / W a ta.6 S.a-,009 a.AD. _ --- - - -.. C . >F o a a Aa _ ',! T.NNFi a;`-'"'Y / 6•m..w „ D)-aED CCSOIP9aR / Tap --- . I_F a I�=E°1A•La1LArzD / or*y-149 n.. _ - - -- - .-aex..,Tt - ,n,. aw I s/o wew s �V / I R/..R`"`rwi*Ay w wan ( I i ,as:, C.4 a.T:r i 0,".: MAP Of Survey _ _ SURVEYORS SIGNATURE i SEAL PANE RENSnrN W.2,W.4 �..- - tR; 7,.'4,7.;1137,71::'a a amw,uA William B.Zentz&Associates,Inc. ffYYRaary fir.�yra/YksYrsoy mm �` _,y v for YerhoR wlroless ZRAC s)REEr W 9/t. MC•SECO. • PEO%ssloui/Su ,6 Mapping fide:Tomato Bums Road ..r,.°aw. _ / P ROW-ATE OF AUTHOR...OM rN,MP County,--e:ma._-004 aw. a.e ale- o'°NDC AO ` fiE)4 0M pW Htl�awaY "�7 __- _• _` - i7 wow _.._i__ �/ 347.774. Vero Beach,Fl 32%2 Palm Beach YA r Florida _. -�'# -- _ Phone:(nz)s6)-�ssz N` I -MN.n S" Fax:(772)567-1751 - - war. I KR 6/70 1 70/26/08 I IFS mte-091 I.., ' Note: Owner and ToweCo may. at TowerCo's option. replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is located and/or an as-built drawing depicting the Site CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 4, 2009 Resolution 40, 2009 Subject/Agenda Item: Resolution 40, 2009, approving an amendment to the Site Lease with Option between T-Mobile South LLC and the City of Palm Beach Gardens [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originatin! ! it.: Costs: $_ Council Action: Constru s rvices (Total) City '�� ► , [ ]Approved /' [ ]Approved w/ Current FY conditions Dir- for o o o,i`► [ ] Denied Advertised: Funding Source: [ ] Continued to: Asst. City Mana er, Date: [ ] Operating Attachments: Operation Paper: [ ] Other Finance inistrator [x] Not Required Submitted by: Todd Engle, P.E. Department Director Affected parties Budget Acct.#: Approved by: [ ] Notified r [ ] Not required City Man-ger Meeting Date: June 4, 2009 Resolution 40, 2009 BACKGROUND: On November 16, 2006, Council approved Resolution 131, 2006, authorizing the execution of a site lease agreement with T-Mobile South LLC for ground space at the Lilac Park telecommunications tower. Resolution 40, 2009 amends this site lease for the first time, replacing the existing Exhibit B with an Exhibit B-1, depicting a new access easement for the site. This new access easement will provide a safe and efficient means of access for the tower owner (TowerCo), T-Mobile, and any and all other providers located on the tower. T-Mobile has reviewed this request and agreed to this new access easement. STAFF RECOMMENDATION: Approve Resolution 40, 2009 as presented. Date Prepared:October 23,2006 1 2 3 RESOLUTION 131, 2006 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER 8 TO EXECUTE A GROUND LEASE AGREEMENT WITH T-MOBILE 9 SOUTH LLC; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, on January 10, 2002, the City approved Resolution 179, 2001 13 authorizing the construction of a 125-foot telecommunications tower on the City's Lilac 14 Street Park, which is owned and operated by Sprint Spectrum, L. P.; and 15 16 WHEREAS, T-Mobile South LLC wishes to co-locate three new antennas on the 17 existing tower and add a 14-square-foot piece of mechanical equipment to the ground 18 lease area; and 19 20 WHEREAS, the co-location lease agreement between T-Mobile South LLC and 21 Sprint Spectrum, L. P. is attached hereto as Exhibit A; and 22 23 WHEREAS, the ground lease agreement between T-Mobile South LLC and the 24 City of Palm Beach Gardens has been prepared and is attached hereto as Exhibit B; 25 and 26 27 WHEREAS, the City Council has deemed approval of this Resolution to be in the 28 best interest of the citizens and residents of the City of Palm Beach Gardens. 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 hereby approves the Ground Lease Agreement 37 between the City of Palm Beach Gardens and T-Mobile South LLC, and hereby 38 authorizes the City Manager to execute such lease agreement. 39 40 SECTION 3. This Resolution shall become effective immediately upon adoption. 41 42 43 44 45 46 Date Prepared:October 23,2006 Resolution 131,2006 1 PASSED AND ADOPTED this U,7 day of Note-vvude,C , 2006. 2 3 4 CITY OF PALM = - C GA EN LORIDA 5 / 6 //// 7 BY: 8 ' 41....•*4Pr R. Russo, Mayor 9 10 11 ATTEST: 12 13 14 BY: 15 atricia Snider, CMC, ity Clerk 16 17 18 APPROVED AS TO FORM AND 19 LEGAL SUFFICIENCY 20 21 1 22 BY: &IL 23 ristine P. Tatum, City Attorney 24 25 26 27 VOTE: FOR AGAINST ABSENT 28 29 MAYOR RUSSO 30 31 VICE MAYOR BARNETT 32 33 COUNCILMEMBER JABLIN 34 35 COUNCILMEMBER LEVY 36 37 COUNCILMEMBER VALECHE ✓ 38 39 40 41 42 43 44 45 46 G:\attorney_share\RESOLUTIONS\site lease agmt with T-Mobile south-reso 131 2006.doc 2 Date Prepared:October 23,2006 Resolution 131,2006 EXHIBIT A SITE LEASE WITH OPTION THIS SITE LEASE WITH OPTION (this "Lease") is by and between the City of Palm Beach Gardens, a Florida municipal corporation and T-Mobile South LLC,a Delaware limited liability company("Tenant"). 1. Option to Lease. (a) In consideration of the payment of One Thousand and no/100 dollars($1,000.00)(the"Option Fee")by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease a portion of the real property described in the attached Exhibit A (the "Property"), on the terms and conditions set forth herein (the "Option"). The Option shall be for an initial term of twelve (12) months, commencing on the Effective Date (as defined below) (the "Option Period"). The Option Period may be extended by Tenant for an additional Two (2) months upon written notice to Landlord and payment of the sum of one hundred and no/100 dollars($100.00)("Additional Option Fee")at any time prior to the end of the Option Period. (b) During the Option Period and any extension thereof, and during the Initial Term and any Renewal Term(as those terms are defined below)of this Lease, Landlord agrees to cooperate with Tenant in obtaining,at Tenant's expense,all licenses and permits or authorizations required for Tenant's use of the Premises(as defined below) from all applicable government and/or regulatory entities(including,without limitation, zoning and land use authorities, and the Federal Communications Commission ("FCC") ("Governmental Approvals"), including all land use and zoning permit applications,and Landlord agrees to cooperate with and to allow Tenant,at no cost to Landlord,to obtain a title report,zoning approvals and variances, land-use permits. Landlord expressly grants to Tenant a right of access to the Property to perform any surveys, soil tests, and other engineering procedures or environmental investigations ("Tests") on the Property deemed necessary or appropriate by Tenant to evaluate the suitability of the Property for the uses contemplated under this Lease. During the Option Period and any extension thereof, and during the Initial Term or any Renewal Term of this Lease, Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses and permits or authorizations that relate to other property. During the Option Period and any extension thereof, Tenant may exercise the Option by so notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof. During such Option Period Tenant agrees to indemnify and hold harmless the Lan'lord from any all matters involving its due diligence in determining the suitability of the Property for its intended use. (c) If Tenant exercises the Option,then Landlord hereby leases to Tenant that portion of the Property sufficient for placement of the Antenna Facilities(as defined below),together with all necessary space and easements for access and utilities,as generally described and depicted in the attached Exhibit B(collectively referred to hereinafter as the"Premises"). The Premises, located at Lilac Street&Plant Drive,Palm Beach Gardens,FL 33410,comprises approximately four hundred(400)square feet. 2. Term. The initial term of this Lease shall be five(5)years commencing on the date of exercise of the Option (the"Commencement Date"),and terminating at midnight on the last day of the initial term(the"Initial Term"). 3. Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication signals and for the construction, installation, operation,maintenance,repair, removal or replacement of related facilities, including,without limitation, tower and base, antennas,microwave dishes,equipment shelters and/or cabinets and related activities. 4. Rent. Tenant shall pay Landlord, as rent, one thousand six hundred sixty-six dollars and sixty-seven cents ($1,666.67) per month ("Rent"). Rent shall be payable within twenty(20)days following the Commencement Date,prorated for the remainder of the month in which the Commencement Date falls, and thereafter Rent will be payable monthly in advance by the fifth day of each month to Landlord at the address specified in Section 12 below. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination for any reason (other than a default by Tenant)and all prepaid Rent shall be immediately refunded to Tenant. During the Initial Term and any Renewal Terms, monthly Rent shall be adjusted on each anniversary of the Commencement Date to an amount equal to one hundred five percent(105%)of the monthly Rent in effect immediately prior to the adjustment date. 5. Renewal. Tenant shall have the right to extend this Lease for Four(4)additional and successive five-year terms (each a"Renewal Term")on the same terms and conditions as set forth herein. This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease,at least thirty(30)days prior to the expiration of the Initial Term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement,such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or lessees or licensees of Landlord with rights in the Property prior in time to Tenant's(subject to Tenant's rights under this Lease, including,without limitation, non-interference). Similarly,Landlord shall not use,nor shall Landlord permit its lessees,licensees,employees,invitees or agents to use,any portion of the Property in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore,the injured party shall have the right, in addition to any other rights that it may have at law or in equity,to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. 1 Site Number: WP1086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Market: Miami 7. Improvements;Utilities;Access. (a) Tenant shall have the right, at its expense. to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location based system, as such location based system may be required by any county, state or federal agency/department, including, without limitation, additional antenna(s), coaxial cable, base units and other associated equipment (collectively, the "Antenna Facilities"). Tenant shall have the right to alter, replace, expand, enhance and upgrade the Antenna Facilities at any time during the term of this Lease. Regardless of the foregoing, following the initial installation of the Antenna Facilities (except for normal maintenance and upgrades that do not change the physical appearance of the Antenna Facilities),Tenant agrees not to install any equipment on the Premises without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned,if(i)the proposed installation or type of Antenna Facilities is a use that does not require additional Premises space beyond the existing Premises space; and (ii) the configuration does not interfere with other subtenants or licensees existing on the Premises Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. Landlord acknowledges that it shall neither interfere with any aspects of construction nor attempt to direct construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements(as defined below). The Antenna Facilities shall remain the exclusive property of Tenant and shall not be considered fixtures. Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this Lease. (b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, without limitation,the construction of a fence. (c)Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty excepted. Upon termination or expiration of this Lease,the Premises shall be returned to Landlord in gbod,usable condition,normal wear and tear excepted. (d)Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Property(including, but not limited to, the installation of emergency power generators). Landlord shall endeavor to assist in this matter. Tenant shall, wherever practicable, install separate meters for utilities used on the Property by Tenant. In the event separate meters are not installed, Tenant shall pay the monthly charges for all utilities attributable to Tenant's use, at the rate charged by the servicing utility. Landlord shall diligently correct any variation, interruption or failure of utility service.Regardless of the foregoing Tenant shall not interfere with other easements affecting the Property. (e)As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant easements on,under and across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the Premises adequate to install and maintain utilities, including, but not limited to,the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any Renewal Term(collectively,the"Easements").The Easements provided hereunder shall have the same term as this Lease. (f) Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises at all times during the Initial Term of this Lease and any Renewal Term,at no charge to Tenant. (g)Landlord shall maintain and repair all access roadways from the nearest public roadway to the Premises,if any,in a manner sufficient to allow vehicular and pedestrian access at all times,at its sole expense,except for any damage to such roadways caused by Tenant. 8. Termination. Except as otherwise provided herein,this Lease may be terminated,without any penalty or further liability as follows: (a) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease or any other obligations of Tenant within such thirty(30)day period; (b) immediately upon written notice by Tenant if Tenant notifies Landlord of any unacceptable results of any Tests prior to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant does not obtain, maintain,or otherwise forfeits or cancels any license(including, without limitation,an FCC license),permit or any Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Tenant's business; (c) upon thirty (30) days' written notice by Tenant if Tenant determines that the Property or the Antenna Facilities are inappropriate or unnecessary for Tenant's operations for economic or technological reasons; (d) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event,all rights and obligations of the parties shall cease as of the date of the damage or destruction,and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall continue while the Premises and/or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction;or (e)at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate 2 Site Number: WPI086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Markel: Miami 9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity,each party shall have the right,but not the obligation,to terminate this Lease on written notice pursuant to Section 12 hereof,to take effect immediately, if the other party fails to perform any covenant or commits a material breach of this Lease and fails to diligently pursue a cure thereof to its completion after thirty(30)days'written notice specifying such failure of performance or default. 10. Taxes. Landlord shall pay when due all real property taxes for the Property,including the Premises. In the event that Landlord fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing,Tenant shall pay any personal property tax, real property tax or any other tax or fee which is directly attributable to the presence or installation of Tenant's Antenna Facilities, only for so long as this Lease remains in effect. If Landlord receives notice of any personal property or real property tax assessment against Landlord, which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide notice of the assessment to Tenant to allow Tenant to consent to or challenge such assessment, whether in a Court,administrative proceeding, or other venue, on behalf of Landlord and/or Tenant. Further, Landlord shall provide to Tenant any and all documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 10. In the event real property taxes are assessed against Landlord or Tenant for the Premises or the Property, Tenant shall have the right, but not the obligation,to terminate this Lease without further liability after thirty(30)days' written notice to Landlord, provided Tenant pays any real property taxes assessed as provided herein. 11. Insurance and Subrogation and Indemnification. (a) Tenant will maintain Commercial General Liability Insurance in amounts of One Million and no/100 Dollars ($1,000,000.00) per occurrence and Two Million and no/100 Dollars ($2,000,000.00) aggregate. Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. (b) Landlord and Tenant hereby mutually release each other(and their successors or assigns)from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of such insured loss,neither party's insurance company shall have a subrogated claim against the other. (c)Subject to the property insurance waivers set forth in subsection 11(b),Landlord and Tenant each agree to indemnify and hold harmless the other party from and against any and all claims, damages, costs and expenses, including reasonable attorney fees, to the extent caused by or arising out of the negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants and/or subtenants of the indemnifying party, or a breach of any obligation of the indemnifying party under this Lease. The indemnifying party's obligations under this section are contingent upon its receiving prompt written notice of any event giving rise to an obligation to indemnify the other party and the indemnified party's granting it the right to control the defense and settlement of the same.The indemnification by the Landlord herein is subject to Florida Statute§768.28 whether in tort or contract. (d)Notwithstanding anything to the contrary in this Lease,the parties hereby confirm that the provisions of this Section 11 shall survive the expiration or termination of this Lease. (e) Tenant shall not be responsible to Landlord, or any third-party, for any claims, costs or damages (including, fines and penalties) attributable to any pre-existing violations of applicable codes,statutes or other regulations governing the Property. 12. Notices. All notices,requests,demands and other communications shall be in writing and are effective three(3)days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. If to Tenant,to: If to Landlord,to: T-Mobile USA,Inc. City of Palm Beach Gardensl0500 N Military Trail 12920 SE 38th Street Palm Beach Gardens,FL 33410-4698Attn:City Manager Bellevue,WA 98006 Attn: PCS Lease Administrator And with a copy to: Legal Department/City of Palm Beach Gardens10500 N Military With a copy to: Trail Attn: Legal Dept. Palm Beach Gardens,FL 33410-4698Attn:City Attorney And with a copy to: Send Rent payments to: T-Mobile South LLC City of Palm Beach Gardens 3407 W.Dr.Martin Luther King Jr. Blvd. 10500 N Military Trail Tampa,FL 33607 Palm Beach Gardens,FL 33410-4698 Attn: Lease Administration Manager With a copy to: Attn: Legal Dept. 3 Site Number: WP1086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Markel: Miami 13. Quiet Enjoyment.Title and Authority. Landlord covenants and warrants to Tenant that(i)Landlord has full right,power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the Premises; and(iii)execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease,Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste (collectively, "Hazardous Substance")on the Property that is identified as hazardous, toxic or dangerous in any applicable federal,state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused by Tenant, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings,claims,causes of action,demands and liability (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses,judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment(collectively,"Actions"),that relate to or arise from the indemnitor's activities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall survive the termination or expiration of this Lease. The indemnification by the Landlord herein is subject to Florida Statute§768.28 whether in tort or contract. 15. Assignment and Subleasing. Tenant shall have the right to assign(but not sublease)this Lease and the Easements(as defined above) granted herein upon written notice to Landlord. Upon such assignment,and so long as Tenant's assignee is an entity that is of equal or substantially similar credit worthiness to Tenant,Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Additionally,Tenant may, upon notice to Landlord,grant a security interest in this Lease and the Antenna Facilities,and may collaterally assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their successors or assigns (collectively "Secured Parties"). In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Secured Parties. Regardless of the forgoing provision,no interest of Landlord shall be mortgaged or otherwise pledged by Tenant,nor shall any party have the right to lien the Property herein. 16. Successors and Assigns. This Lease and the Easements granted herein shall run with the land,and shall be binding upon and inure to the benefit of the parties,their respective successors,personal representatives and assigns. 17. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof,which shall be deemed personal property for the purposes of this Lease,whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Secured Parties the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in Tenant's and/or Secured Party's sole discretion and without Landlord's consent. 18. Miscellaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to reimbursement from the other party of its reasonable attorneys' fees and court costs,including appeals,if any. (b) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements with respect to the subject matter and property covered by this Lease. Any amendments to this Lease must be in writing and executed by both parties. (c)Landlord agrees to cooperate with Tenant in executing any documents necessary to protect Tenant's rights in or use of the Premises. A Memorandum of Lease in substantially the form attached hereto as Exhibit C may be recorded in place of this Lease by Tenant. (d) In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees,upon request of Tenant,to obtain and furnish to Tenant a non-disturbance and attornment agreement for each such mortgage or deed of trust,in a form reasonably acceptable to Tenant. (e)Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith. (f)This Lease shall be construed in accordance with the laws of the state in which the Property is located,without regard to the conflicts of law principles of such state. 4 Site Number: WP1086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Market: Miami (g) If any term of this Lease is found to be void or invalid, the remaining terms of this Lease shall continue in full force and effect. Any questions of particular interpretation shall not be interpreted against the drafter,but rather in accordance with the fair meaning thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. (h)The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacities as indicated. (i)This Lease may be executed in any number of counterparts,each of which shall be deemed an original,but all of which together shall constitute a single instrument. (j)All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibits A and B may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly,the parties agree that upon the preparation of final, more complete exhibits, Exhibits A and/or B, as the case may be, may be replaced by Tenant with such final, more complete exhibit(s). (k) If either party is represented by any broker or any other leasing agent,such party is responsible for all commission fee or other payment to such agent,and agrees to indemnify and hold the other party harmless from all claims by such broker or anyone claiming through such broker. (I) This Lease is subject to administrative and other approvals by such governmental authorities having jurisdiction over this project and the Tenant's intended uses,including,but not limited to,the City of Palm Beach Gardens. (m.) This Lease is subject to Tenant obtaining a Collocation Agreement from Sprint/Nextel which is acceptable to Sprint/Nextel and providing Landlord written proof of the same. The effective date of this Lease is the date of execution by the last party to sign(the"Effective Date"). LANDLORD: City of Palm B •• G ens, i icip orporation By: APPROVED AS TO FORM Printed Nam-• .,• • (Lusso AND LEGAL SUFFICI N5- Title: o1C Date: No./RYA 6e . l4 alto _ 11. _4 . . WITNESS: WITNESS: 40 By: By: lid _ Printed Name: paki& . CM Printed Name: ( fr Date: II—/G-o Date: 1I I - t TENANT: T-Mobile South LLC l 1/1 By: J- Printed Name: Harlan Kickhoefer Title: Director Engineering and Operations Date: 114/0 L WITNESS: WITNESS: • By: J By: Printed Name: __ - _ Printed Name: (Vk 1 Date: �f"9-'1l" Date: tk T-Mobile Legal Approval 5 Site Number: WP 1086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Market: Miami EXHIBIT A Legal Description The Property is legally described as follows: • PARENT TRACT MALM 1(rtldw A ar& &M 117100 MIR soumIA$Tauuma on 1M a SIMON Is 1V1141111P 42 aavnl.sANOW 42 Mit C0W TY.ROOMAIIDaiNONahaMeTIc`AA*I.f mica OMAApawn* Wawa coma NoR11I a,ma awn.11011TOI 1/AY LI1411 OP tIOI' MMMa S(RIV1R As DRIOURND 1!I a*K1 L RUCKS KOOK UP AT FAO,2*RAMC=gas aE?AW maicoon; ROIIl X0111'MUM OYALDSyNMMT NOM OF AND IARARL ATO TIE s08.MPR. Q lAJD D I!; vOUNOID NtIIaillMFBY matRIORFOIFMAlt LIlla OF RATS PDAD sk AND Nam=ON'AIImw11s'AaTLItrC 'ThiRA?01( LP R1v1LLAORAmslolMIlfKAT■O K*AT FA_p; Lm AND 114011aM/ipw MAT NAT LIMO WEITIPLY v dAST ldla IN tlli PAWS DISC SD Di 4433;AIWA PUN2C MONK OMPRIM BRACH COUNTY. C I?Aal11i0 W MMi SQUAW pan'OR 1.744 AC1tlq.WOO OR Lam Site Number: WP1086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Market: Miami EXHIBIT B The location of the Premises within the Property(together with access and utilities)is more particularly described and depicted as follows: Please see attached drawings. Site Number; WP1086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Market: Miami • • • 1 4 a[YI gt.yysa• I It w . aK f M •I*T errs`ia i:7M"r}•r [sue I K CM Yl[ X -...—X _- ___Nlp g 6 v wo•er a ' ''.1 �° ,..... .. . ........ ,...;,... -„pal, iir•we-w w adT[[ (MVO r , ��['• roc[ °A1 X EMS/OM �� ai oaT� w[ra• AOi/w J 1 d i VOW �' =taw ° C i • [ ie"4�:1 s I;t:E%MAI [[;iti!&; � ti ""�9�t�f mAp w�w.�io iw i•0 wuno Ner[rr ii�•. �.eew 'rO` iOr. I I[�a1 Y f4i j 1,,,;..,,, i_i- i_./\ ` 7 ,/ MIK It" 1 �i.0 \% rl r,aorl7LC '�'-11 ♦�10t .1'.. L _ ..) , /' rs��[e IMAM [Cowi'wO e r gt la ilA i fir® I gyp®1•YOt[ w r Or MA ■yP/'. ,Omf Y4- f r /, a pr COMMA RK[ mi bpi.,r , _ _— - _ r+ E1 i,, Er°i�«o MIMEO • Ie �p p��,® s tT roru N • TOWER ELEVATION raaONOk rd,o n JIM r./MEMPI .Tra�V ra ragr s LIMN[10. SINS �.M f Yt fa1 pelOeelK. Y{•rYi Yr Me OO/e1Y MW14111Ma .--1,03.1- '"cot aORMOMAIL NO u . . , . • 1 • • , a ' S l Merkel; South Maids ' • Sue No.. r1.2Ssaa Site Name: Burns Rout COMMUNICATIONS SITE LEASF.ACR1i,F,MENT(GROUND) This Conbtwirications Litt Leave Ancestral(Canned)(*Anteater)is entered into this(^ day of 3)4 1_ 2001,bc.wri I Ilia City of Pu Dick Gordon;a Floside municipal cortxiraion With alt orals sr 10500 N.Military Trail,Palm Bach UUardens,FL 334 in t3 ('[•16401"or"Cite).and Neetol Yesi h....r-its•Georgia totporalloa,4Jbs Nolen Comoanicationt Mob err address ors!I Tnarargv Caul,Sul 300E,Afilthnd,FL 32731('I.raser). i For solid ssal valuable eossWer sisn is reosipt and sufficiency of which is baby teknowledjed, be rubes hndn s6...as felto+,.r I I. Mita (.essor is the ownra ors parcel of land(the'Land')kecasted in the Oly orMm Beath Dentists,Country of P,Us Desch,Seats of film Ida commonly known as NW Quads=.(Ulan Slum and Mato Lieu.. The Land is more patdadarlydtsaibed In Exhibit A seuusd berate ! Leaor hereby Isaac to Lana Laid Lean leant Refs Law.spptoxtnwsly Ton 1T.wuad 0..Hmdrcd Slaty(4160)tgomre fat 45 the Land } end all semi OR padtmiam and vehicular(Anew and spas to the Lesrce Pacilicica,ea<defiant below to hrgpatlh 6(0,(die"faantittt"}M I. deuaibcd iit Qtllittlt d nMlii6 Ilerdo,toe Una Wallet/on.Operatioa and;toini na of utilul's serving the(.hue Facilities Intel ied upon the )' Land.provided dist tune's seam to the Lases Foeitltia upon the Moperty shalt sot disturb the City's via alas Land. 1 ti 1. uu. The fronton may be eon!by Lulea for ay activity la*Inflection with the pwr;tien of earn unkaiions services. Lcusor saneu b coopetue with L.act,Si Leuee's upon,in mildig ippiiesbos for and obtaining all hfesecs,pemtia end#rly and all Outer mecauary approvals that may be r s .tc d for toners inrraded use of eh. m.premiu f} 3, Tcia and(:vault suihsa. LOAM Roll have the right at wry tints Following the lull execution of this Omani as enter upon the Land for t die mimosa of nuking apprup►pts aagbueuing sod boundary army& inepcedgns. soil sort borings, other reawnabty neeeosuv teas and C0 s lnachiag the Leteet Paeliki.a(w deitool is Pva saptr 0(o)below). I. Terri,. Thu tam of able Awecuni u stall be live(i)rite timmnsaeiag one eonsionion of Lsus1►ualitia of Ode Nusaksd Elgin(1 110) days horn fall e.waninn of this Ai ..ant,wta+rdever Ara mews('Cemotascnnnnr foie?us wad:wing co hhc lute wuvasey yf the CenUtmidsmwnt Use(11.Motel West tntlawlee terminated•a provided in Pwapfyh t0. Lane sb.tt Lave the DIM n shod the Term for lire(i)foam nine see(b)year periods(den 9le ttneol'fens')at the same isms and conditions as se,rank h...4.. •rm.it Ne+ens.ar.bolt 1 awatutkafy tie oauudtd tar+11511 aletenve Itenewel Tam unless Lessee aodrtce(.sear of its bunion not to renew prior to eanmKSre her coos ss,eeerdis;Remand(Term. i S. Rent. 1 (M) WItAj,1 IS Jay or the Caaa,cis►cncat Dan MO it ate MO lay ed kith rnuml)t tier iliac,Lessor shell ply If Lessor Of Rai Two } 11en0118d snit mrumt rook LAM(n aw,w)par month('Iran'). Rent Li try 6aaniuns Month it ski begsnreng or a den cad*idle'Fenn or 1 Itei iva:Tam shall be reread. Rear dyad w ye3obk r Liam is logo thath Mlllw y Toad,Pebu Revs Gadget,fL Ju l U;Ahrrgioa: Holly Leader. (a) wivao dally(70)days of full cwautisn of chit A emsoL LUCY way tom to supply Lwsa with as onto/mace bond,in s form • teektwohiy seeepnbis to dsa Cry Aiwunsy,in Use smtsssa of Ttrei(y Five Thousand Dallrr4(315,000.00)C'Pv bu w ea toed"),lee mt purpose 4 of missile('Lnect i seraauel or um Lau Pac;sssea If I assn rstla w ewnays Ups Leases Fkaiou wilsio,su(y(00)dryi of Iii toomi Hum 01 this Apuanrnt Of width■'moor 00)dons et eetifkaeian by tea lily goo di.Leman Pisltmin Mn lien atraa4easd.Loaor•o34 bars the I Absolute right la remove the Lease FutGisles and store suss et kin's aoease. Foilam by!anti W ramla.r•• Lusor for any and sit riaionibte toils weaiM d with such removal mil swage win('Coast•)within thirty(30)days after written reyarsh far WV 4al1 enthit , Laaeaa w mum the Teefirlasd6g aMleal to recover such woo. The Miamians stood sbsil tanned Mann(asses removes dha Lsaose?militias from the rreousu,us the sotlalliatos of LIMiA Id minima Ltyleftae any ash®auerod . (e) Within dotty(30)day.of IS danurtlen Otitis Agaeteasal,as adiiioad aensukrMlpt.Lam Shalt provide to Lena sevenay.slw ■ (73)11000pbss MOM filip11dli,which shall base as ma nn valor if Ntae Thawed aid 001100 DOLLARS(St 006.00). lane'busby wilmow)Idrts rid usaks.laade lit Lessor stet N IitpcaMDI,d LAWS ale soot sad expanse,for des gmbestesnes and sopai of omit i utopias.,cad des obtaining drmattp tToaa tondo)Qurioaatlolsoal mewed twos teemed the mai telephones ass. 6. Facilities;UIllu.n Assess. i CO Lean ba tics Ono N wit meddle ad am*w des rfanlus rails oastsmsitltiaae MOM Waling without[hid ial.a,en, i inlaaww woo, ar pals end Msdp(ttst wiRy Ua.y b'ntmisslao lees,cis twcitfunai asilptnac aapep0, elaindie agnMeuw,r.dio j transadiWR and r'rcisins intonate.agapeatiop yaipsaee.a4 wwewae.anon<t+ s+Fmeitli.P} w amnesties therwait,Lane ba dim rivet he do IS work memory tp penes awwhin and ab.r die t ewtaea e,.e.,.a.n's business apa'd(cn red iv 664011 ram didso fines eammring de atoms to the Ienwadl s and rostrum All of Leeson cenesuodia aid boat le im eater awl be at L.tttr'a soft taw III Mpeass and in a goad sad aeasbaaddte minim Tide to doe Lest..Faeitidn salt be held by t u e.. A ear S ante.Padilla het rumim Lakes norms'propaty sad as IN hears.. L.aw has the sight a.remora ail Leaee facilities a fr sole sepia..tie or Wore die 1 expiation w War icieni wnleae of due Atr.aa.i; titled,(assess enthUs any stirur.tse Sc Ow Prcais..mood by suck.veins. Upon s lewd/Wish•ra:.Ptlramtat.Lew*Ili not be ts�n)au harmer sty Mamba moat man ant(I)10011 isle grids tossd (b) Lessee,atoll time the fight NOM elenneryy�tad_ollim saki.Gam the asking sada en die Land to ter bo.ta_mipsys'.--utility vLo_n,+,.+oo *0.w'y today senipray ilia(will provide sea'SR 10 die Lad(molomlg I eglt41y power gmuttrr for User's dxehttiva.tu4 lasses shad!pay 3 Inv-is...a.r«4etry it tr...••.•..t in is•Pldaduaa el IM rY■who 4 by the to rk:kei talilt'OOM1,pany..tity Hinny wow elado ma conveys to Lcwet•and k•sputa,ar•u►ny»a,lonaeer n,etas and avian.W saw Tana and my Reaaewit'[drat is non seaway.Ii f acren thee paa4. i of the Laad is the location sheds an Kahn*II(r olds Whew Iaa•reo as speed to baweaq the oweMlr me p•tayiwn aid Schram bnpra sad WON to Praising and for an Inniellelnan,eana.l s and onninionmes elutilities servtewawi eta Laser,Pigskins Memspod upon so sad/,pavid.d !ha f awns s ream as die Loom Nadtktsa aspen s►a laud dad ea dtoheb do Cool as oldie Lard. (e) La was.Lama wsplowus.wow,soloosurramme,l.vwn n and Mime a1se(ban assn le the Prunes without suttee W Levw twotty-dour(!q Isis a day.ova►(7)data o week,of eo cbna. •. i (d) Lax ar SP sots LAMA P+aississ lo aroma a aceer rod(bs"Acests Roan a lams amiss tea eMe,hob es writ purblio Ron -Me ink as nod ma mope be deeps res1W,hos000 sod as mum idly dawdled le sal Se Amon Road by Lead,et be wee,srrpleymR swlaacrosa or i 1~4,,t,th*sat'Petal*shall be Lease's etc scaposallrlly, Lea r*is Malin III Ohm view roadways boa de Raga public roadway to • an Lend Mr Lenin'.s ie-nenb•d w use ilia wwr arlpdnr r allow pcdtabire mad sisdiuls stela VA dates aria mud nether oeadltivot Ls.wr stunt"Watt tic access mama mi ila ono any 554 apses•esnyt kw 4urssn wades tole tw orate waste teisanye by tatae er at. sguua,aspinyses.anns/nors,a Inabea,den car of widen alail be l.aee•a sets semern athpky (et Lew due raw a mmeabwat.wr.hsr Pu7 4a a air n►e apiaeh•ar twadrat a add/AM MEW w nom as Lame tallithim boa der Prsmie (the'Removal Palen provided pal Loa perform all ubltoatiane soda iota Asavwswr a►eitug the Ratsv,i Pealed,bathdt>rt j ..:tsie t s..a...:,.. 'k....maw.*eI it..e a N..,w"3..16,,mesa See enakytsa w arura.11n•wr.ht.a•N.rrwaL ' r Modes: Soup Rod& Sits No.; FL.2331e i x ts Name: Dawn Rod }i I 7. ttrerfervesa. 1 (a) Los..shall openu the Leon FaciLtia in a mar.:tct that sill out cells tata(ucnce to Lena and other lessees or lieeaac.e of the { Land,provided the their inAaltadons yndite that of rare l.cssc:F riliuie,. .td opaations by Lessee shell to in compMewee with ell F.daal Contntsaihatiom Commfsnea('FCC)requirements. (b) Svbeaquas to the iasl&Ietiwa of the Loges rnedtuas,Lessor dull not putrid itself,ha imam e' ttee to Inds new aarip+ent an I Its Land a property eoatipueua thereto owned or controlled by Lessor.if such equipraat i s likely to nate vl'1uferrac.rid Lease's mansions. Such inhull eewa shall be doomed a material brad by Leave. to tie sweets intertwines noeum,t.eser'ajras to eke all ressoosbio sip* necaatry I.elimbute lath interference.is a reasonable time period. S. 1M5. If?'worm propety lab ore amused,Lamm aF•U pay ay portico of such drat dimity mothotabk to do Lascea Fecitttics. k Lcaa MA pay ill seal propety Lams,ancee oats and deterred no a the Land. t 9. waiver dl.aatr.Idea. j' (t) Cesar waives toy hen tip to it may have coacarnsas toe Luaus Forilices which are downed Lessee's wool property and ant tisanes.and Lessee Ma the risk so remove the same r any lisle without Wines',anion. (b) Lessor aekaowl.dr,M no Lessee has enteral Into a t;inr+cang araageasat iadvding proadway total nd menial and oscu by agreements for Me Ananias of the Lessee Facilities(the•Contend)whit a,bone patty tuwtcing entity(and may is the funk crest into 1 adjitianil Ram tag ansgerrttts with richer nacho eolith's). la oonnecllon therewith,Carver(I)cosmos to dui Wade/ion of the Cdbseat; t Oil dieelon a say interne in the Ca■atral, el Gerypy Or ethsnuise: and(Ill)agreed that the Wileteral alwli be eaoudpt boot creation, t kreelonee,tit,levy.*stamens,or amiss for say Ilmar due at to become due end the eorlt Collateral may lea rammed at any nine without ; agorae to hill proeecdlsjt 1 11: Terminal. This ronvenear nay to me nlaated without t4M t liability ea Dirty(30)days prior wrista suits a bllowc (i)by ono i pony oast•dtfssk 61 lay o wws w term lame(by the other pony,which duatrt is pot cured within Wry 00)dap or realpt of wrietat roan of deh.IL odes.the dslull Is laaapable of an wiehia the thirty(3d)der period,of lolls&"NW otooki lied by the radon,ptevided the the Sraco Perim'Pot wy mottawy de(iatt Ii Fos 00)tlgyt bans receipt of sober:r(id)by lens far any reuoo or fm no reason,provided 1 Loose delivers wrists codes or ctrl,ovaimtlan to Lessor no rata than glibly CO)days prior to the Cammocestent Osts or(id)by Loom If h does not sleets or no intain say Ileum,penal,or ether approval necessary far at wnatruction and apcndoe of Losses Paudit*at(iv)by Law if Lope Is uabi to scalp,sod MUM the 9nuaia s true to an action of the kt_C,Isotudkts without Wr:tetiaa,a sake lard of Mauna or ch.,oge is ns5osoc Or to(v)by Late If Lugo&aminnes the tFa Pnruisoe ere eat sorroptfete for iq.panties.for commie or teehroingial maw,include*without Kinkedsn,'ism%iMedYtget i I. Mete** or Cadaaaadon. if tot Pomace en Loose F0411160 Art damaged, derrnyrd, eaaistrned or trns/lmo is less of cankrsariou.Learn any eke to tearrdarr this Apnoeas as of the date of de des . . den+erion,a.wdeccutdin at Stands Is liver of seadcnwaibo by jiving owi..to Lamar no nom step fatyrave(45)days following is dart of nab dumps.deaet.d on,eMdtonstian or r.nehr in dm of emtaulnatioa. If Lame chow ad to to n mia this kronen.Rest EMI be eMused or Nord io ptopetIan to trio anal reduesoa srabntin as dame the Protasis.. t IL llllalla Leas,us Lessee's sole tau and apawe,shall pmces.art meinteia an to Treelike awl on Wes Lanett Wilda,Way injury Ytd prepetty Omar iat1Lle with a omen*tide Pitch of at lad Oee Minima sad Op SO l)osaw Otipo,D00.44 per cowman.sumo • irwanns ail lintert a al vecurtaaa herb,spin al Sallie,of Loom la talylgso and.pap Mini ad of or to eaorttls win I . Lamas err of the knias,d as provided Duo hatk Loam ton obtain std saiols Ss noshed krona tier ds Taegu sod.ay Rommel t Tun times aka&1410 00 spa.eo the Iaas.9baiiWL Laeor.bd be nomad es an aititiarl thawed M lwwn podgy, louse shall E provide is Laster a @snidest*of Marra oadesoag Is avaap ra+ad:id by lhia pw.arapb within they(10)days ef the Coowrnesmud I Dote. Land Mall pwldt to Law a oad(iaie of tummy Wound by.wagon)alsdtoriaod to sateen imam ii the dad of florid. reidws.istj she sweep rewind by this poelPafd eddy tinny(30)drys arils Ca mmencana N O.te.as he ewe maybe,and widl.Ibtay(30) it days of onwsl tdthe Mawra pdtay. its asua+ps cede the policy well me M aasselcd by L.su..Wail as log lady(30)days pea writesn nodes has ben sews h Loam. Al policies are mound to be hood by common arhsieed to arveuet kenos is the dd.of I plalda 1l 13. Walvor or*alas jsdss, LaMar sad Lawn edam loch other and ddr rnpaedvr pataetp li.emeloyeea.ommomnowee and arms,torso• any chairs for dowse a say person or a Ong Pianism Sr to the Low faditds tiled.Caused by.or that made Atua,tldtt bound walnut smiler any WOWING pelietea cabled by IM patio and is!blue st the ago or orgy mai dsetega (eat sod Loess sire'eau aria(tweet ; policy obalwsd by tam 10 provide afar duo learns arspasy wave ad dahe.f'assay say way of abreapono agslas the one 1,eoneeemon with any dseap awed by•uy FOAM. Naihr LOW war Lases tint be debk a IN titer for my da ns,cased by are ev say Oder ruse { thawed*hut wen any tastapllat policy mound by hropsptt 12, it H. Asi[Mest sail&Montt lassie any sot mean.et e&srwism non ell er my pats of its Mood Is this Arcanum or in d. Preaches without she paint mime eismont of Lasser:provided,barnsvu,That lessee array awipt Is kazoo to be parent*moray,say subsidiary or afttaaa st k.e its Peat sompmey in as aaa,eecuu r•iMblWWW ar osky otgsbing fly-sore peas(51K)et mem at its seek of saute, *object so any It utdal.sir's Warm,irony,bt this Armament ea lot bah ba Nagrspi 9 oboes. Lamm ntay weep his Aromas epos vwt bas malts harms,Paiud to 10 miaow saamisg all atoms tames obliptt.w bads,Glottal bai me limned to,those d Arch is htWWtph 9('Waiver or Loral.(.le.')ahem. Wonrithstandiso soothing to des asm.ry eanta40d to this Agawam Loom may quip. nO1Wp•pMdge,hypetheaat or au aerie treats Meow nets or comas be bows is this Arnow*to sy thaaodr .sib,a wet an behalf of any AuwM*today to also..Leone(I)boa eiligodom de bard rismiy or in norm of pransdes 1waf,00 leer Nlipsiws ervldenwd by Masi.bbaoaw,betdt or okras(Mimneat.,er(iii)hue ahspdmd dada or wish rotaa fA Yams of math,limbos macrame and stole' tbatdes or kt most of saruties Hoes/. !) IS• Werraew of two sad Qrkt tawlovresoe Laam warms sane (i)Liam aerno trim Land I.kc simple lad An rights sr IMO tufts and the Land is Ira and rise of ell ilea,sioundmsaael and ralristi.ne:(II)Lassos id dell tight to mutts and polka die Ajnwes;and(Ili) Leaser rsesear and agrees all Iasng the upon Le+w psyin j the but.,d obeuv:g end pwsan t g ell do taros,cowman wad andiaiaa en Lane"pat le be chaawed sad pane rmel,Lamer am pasfully sad'platy.joy the Presdw. ! t L lltapa4a 1.nsa.dt■Il not ha toothed as oats wry roman W the Freodae or Laid WOW ands repair,Mob bs aaceaha.d by mien orsra ldaull or Mjlae of l,clec. beeps as set fordo in penaawph 6(a)above,bps reparation or inwiis den owes[look WWI tsetse th.►,setae! to 5.MIA 4n In which 4 raised upon weuul n heteg rlosonrbls war■d that sad boa by casually r soma c.aerboy mi Iserea serval ea capged ' , btadn.7 Sad Flails dna ea.: /L•2SSSO Sits N.nw ataari Rase 17. itaitabtalbigumb Lass yyen AU 11 wli lit wt.met.,/tae or d pos of ray Hsrardaiq Mote(n,ado.gout it alba tb.Lod an'ls4ai m slay low r rqul.rirn L.141 rynasanla,warrraw ad bayou(I)say sego Least tar.it Lanai 1w4 .any dik pay be sad dubball.mod or dipalad aL Of pond as asr..memos.dada mar drepttal.V any Ile sines Mewls!(d.G.a balm/en.aWr,goo or walla its Lad It e4be1oa any 4r r aadaslrioat.sad(2)der Law all se,and rill taw posit my bred parry is tea,fewer.ear0 or dlptwr Kan,ltstrJaa M*dsi a,soar,aaost an alga tit Wad is Asada et ny law a r.rt itho. !AWN and tom spas an dMbed.is uy lad kdd iallolus dm odor a./rase odor's$maws, alkyls WPM and aaplga.a ap,l say wad all Wa,claim adhr awls(fnel..tjal usably a10/A.'1 has and tam)ritdti Row any boob at.ny/Miffs rwiaR,Walley.. 1 slye++etat aaskinwi b was prlp.pt. AS seed in die pwpraph'Na sidaa ilawW'dart am ptnlrta an any pwaoiara peal. abysm.say a+sraaee hem by tab owe 4 wlrab an Land N hcaad it ego rasa batch rsyndeo is leainby,atdbr any aiabaaw. cbenalsd an a'era hl is i/taliliad as lsard0oti mass an danarawoa M say aypll.abls 0tdad.fort an prat Ira r Illabda. The pop* l UN urea is tandsatia.at Ow Apulia/.Nanidgodias do Rrdplay Lona sill Iwo as/Pit,drily as am slimy(N)d..aArr dr dos of loaf Apkwepi.it In arson,is tale(an a*bwnnaral a s .air of des Lad.std ill day ae.st taco aay.wstswl■sweat i shtwi say a.itsasaW baata.•lido wkasiy affect Carmel as of the Poulos.at Lass's Addy le ably kraal bntanoni at.hl Laaa't axle epioine.the sW a aosol owtttttear 0141011t1 sswepabk aewarannaaearl liability w panrall labial M l efeer,taste ho dot din to traitawt 111 Apumwd spas'e4ka Was w Lana.laws,/amyl p,vidc Lassa aai0a copal allay sad a s absaaataod oyaaww of radio of dor Loki. tL LlsbiMty and ibhaatsy. Lawn shall aaaa.n.►.is bra der idwaaify and 1004 Lana.&Aaor'1 Jeabd mad aa.aa4ed Ukiah. C .aandn,wa..w and to daayaw ten mead spias any and a masts.akstao0r4 w WWI of a iion of wbrf.aae bed of atat,and the wsatdoi i 10..ea,eau Want,/e..s.aebk aaon•.ys fey(sanity gap.st.k fate),Liilitia,doer"antors,)mlptasq an/woe',1011. sad by '[ .Leans at any chid parry orb Ina as Kea eeda ims...,apn.tla said.emir ego Laws f adidies,also orb chins,demands a sago oaf I� natal soak banwaltrtra/edam bassaiut lomo ftombeaf6tl as,.pars,mannaakwplgaaa. ,1 I I I It iaMIN game an tae Tang. Liewe may lamas ap.cs on da bea sa lobo it wt'tadlaeaot,and Lay gall be anddwi to crate calamine meow fog any suck nllocrav proeid d that ray Ng adagio am iaas a spun.,sad law wide I.asr. M a . MWyihmit . ' (.) 11111 Apnoea oawsoutn 6•solo 1pswat fad atderiondbj between die patio,and uyraadbl at loess,taajaiaaan.and 1 obit ap.wtrna asavniaj go skim aanN/ocalied basia. Any Mhttadron a in Ibis Agr...w..mus bra Mao wul mewled by Moth (i palm If any p.mwa of AL*rumen..aa...n4 is wiWaoaili MA,.nprs r may way,tae ra.aalds at sir Apra nee or lbs tpplieaia.f sash pmrislas ie From alts as tlwae a w An R N Add invalid it awbnfarosibk shall no be dfbtwd and sob polygon KdK Apaasst AA be valid at alClablt a Ow Mar psi all paswnudby law. (5) lads Ammon gal bt Wading sad Nan it*t btatRl of Oa aaawtaws and patina aatlpa.t debs rspria pries. (d) Any age.an dansad roam/a bt Ova Masa gall bs nods by unified ar ajisu.J as.a7,raw.rack*aoatasd.as mealy .arid&casts le in RAW etas sapsIM/wed an abed bloc t Lacer. Car ghlat Ogg Orders Lwow Wad Saab team t 1b3i0*MPalylytil III TrafaynChat Nat Safi t3i.dta&rL lea Io' baba H100 Aa:Cby naaga Method.R 32711 ' Abs.:Proem Maw' . Wtda a yap an An:Lai Mta1ii with moan an bland Ca.w.saiwai..t:Inc. . 4100 RCA Ile.l.ard 2001 awed tau.y yaw ham bag Qrdtati tl 31410 !UMW VA 291111.1434 1 Mob flea Mal lop dart i Ass:Sin lading amino.Owartco Maws 1 Liam an Lean way tan duo Is Ike dalpaa ay rya War its stabs papaw by aitawa ark*a As asst*peat'. All.alts b is.n5 dial be d/watd oohed spa shawl aa4a. i (t) akin Ap.awnd gall be+yuck by r low GIMP*aillaida. (Co Losses seknewiysa lbw a Mwmaaine of Aware la tbe am wasted boos a labels C will to monad by Lan M die aaaial ram*et dta Cary Asia Wilda la band. Is all past day LAM lo aim iwsiby a ammo r dssd amok Law Rims is i Ads SW amNs•Law..a sodlaatbaa all sassy bmw.mmwr he sacks nab ta.r .p or dad st rag bearIs)a loara•>~ Moth Oda la me,a be alma b lbw La.d. (air dui,sprat.by adages I.ause.wden rgs.a by as illy I (b) it ay sec.alma s a./nsr stag sway butte a wag mama r,aawla an is pail wade*If Armor" ads Fro gal and rR.aaYy d.wlrar wiebeid Ns MpwaY snarls. • (3 All Riga and hdrb mewaed bra has,hall paw albs ApwrM. {F 41 Mir Agway.taybsasmi dan&aiwteseaatarprsbaaeb.fwakealtliadsc,n.daaiMant. Ill. It lanes strlt eta dew sway with do waeuaa,ka o,eld.haaaw,a'4 nauiatket of sa assiwo r poa,PUII as aaadaamy,.NA 1 an aaitie.bbs r ell apse'+a ad taawnwau ado Lets halo t t IN WITNpts w8Rlt><ur,N,pa/da bag mood ON Apaca sw sr wee bat Ian then ethos% i 1 i 1 a 1 Wad 1/01.11 1• Mrki.. Soil nista Sir Na.: FL•233211 She Nina Bins Reed LFSSOR: i City or Paid Bac / e rme pa oopxriWell.ewyd 001 delivered tpumice of S delci4a, ay.----ar . PrirN1unnet:rr• tom(!.Alf a t.-.a 1.1 • ' A rte.'R. ,..,5 Prier 1_ 'Mk: M erY•A I Winos MN Nwa 4 lade tvv,9 ru Mt 39.604316 f SCAT'S OF FLO1111)A COIA.TY OP i ill a.n. 'Tea-levy Ike feeejogt r win . wkdded Sewn it Ili 6 u Soy of b.Q s„is...-. 7F0 j, by ! rl'on e a I. N uet:heed y4i rr.vrn of The Cily or Peon Ueach frcdaw.o Honda,nwipd nipund .whu to pniun.lb i knows d are n e w h e w:heed _u idawitlea4.e and war di(dld o t)tab.0th. t Val NUS my bud end Weil ael. i N.4$4e ol'�Mw IC! Hu Name uttarnalew, I My convulsion supinvi ,;, ,,w«ofNM %Red,sslad s.d di irntd in di vim of: thud M.S.Cary t L ips aorpwedan 4 Allis craw,�.�,.. r ., Br Iw it.°r't ®lei 7„/01.04. a Ptlld Norm Ricked A K !4 �-�� 'lids: Vim Pis dmt of ir.Si.ul 1 MS OFuedar 1 Irk 44 1P r ti; t courtry or 0, rrj.T—• Tn.sempia.Immo=cis ilsavoludion tail ma elni60 day al^X" 2001.by Ridi.d A.K.aY.y.r Vise (( !resided of tyi.serins end c oen Of gull Sark Corp.a amen.oupendoek WW Nnwl CM nwenkadme 4,■mmaaaly barn Amp orwbdaapribald `)f so end did.Id�.wa�aheire1� � �a \�_ � `. • �t00iIR1ltC00NAD . ��0 f• �ihQ 4:111: wie.. • PM n Nrne a� , . arrrr'.ur I My or..laden a tOn, �`C. �— CnyllA Ds 1 • 1 S 1 F I e ya war r Maker.: sown Florida • �� Sew Mc. FL-)55111 ; 1 Tilt Mum. Duns Raid • I. I. IRLCAItiD 11Y. 1 Paula NishRare,Eepaise t Ntnel1.bnie+ekodoni +{ 13I TM1peGM Sd)k 3006 Seadio d,FL 31151 1 ag YAN TOs i FtopatyMragenrnr i • NtnelCoeeeeeaeindor 1 151 Wellies Cam.Suite 5006 1 Ma waned,FL 12711 1 MIAMIallWM OF AGRI/MINT 1 Thel Memardum of Aipwered k wooed Imos a to /t.�'"d y d ... _.L.�► .2001,by end bwn+.1r Csay d Pdwi Mat°Want,a:<4tlda monidpv esrpauiitn,wieh.a iddr.a at 10100 N.Milirary''.Q Farr Death Garden;F!Mid.3)140(breineser Warta be as'Lessor')awl Newel Sou*Carp.,a liarayio aoryonuion,Mks Neale,Communee$ia.e wide we dna at 151 Ttalbllr Cowl,Suite 3000.Mdsavid,F1.San I pereia.w so ,tuI to as•Lased). y Law sped WIN wand to.Cwrrnuwkaliona Side Law A/Mwnl(•Assam W")00 Ihs i.Dey.r L. M 4W meow eow otirninse.sere weg and mares une a radio sonewnlesdoed Wit?and wage impo.awenN.Al d IbeeReGg er we fan*in R. 3 Asato0/1 11 The.berm of Me Adraenwne is Aso AIM(5)rill nwr ni ing ss#mot gs.Ain,210.4 j COmaakam.d ow.'),and:en+wine Pd Ow • Ild1h cohrttatey oi the Consmaseamone Dais aide fivs(5)necwasess Ire(5)yew option as maw. , l •The Lead%Oath is as/NW of eat A/atmeni it in Petit limit Curly,Mundt.deetrtbed is Erzhilit A ameeed hereto. The parolee,of die Lend being lased to Len..(At'Framiser)Is dOM nied In Bchibii 11 owned been. M W7TNES3 WNlRI•CP,sw pilot hire Meotd mid M.wuraMan of Agnewaee If Jr*day and year dem shoo,Imam i a . LESSOR: Sig..d,erased i.wed se,Vie peewee at City of env Ida mwnF1 o7wiww�i dy Pelt Nom: II SAft a.�i 741. P1147fOy- • l S7ArsOF i.IAIOA • , WUNTYOF ?Let.-Salter • • • Tie • Gevierire was KkwWlalpil Wan me Ibis. 6 4 day it ‘4.-,2-00(,by1oL e�R Ri reds ..b rt UTk Lley N CMs wed abler.■f londe ion•who is personally bairn*nil/1/114111 ti _ MIYattt.d nandabaiei /ma)abeINs, .�,•. • • terry r • Ant Nana ifej _ • .7 ,41.' ! KYrwwagio.tyneac .O%r Wy tt�(/ ' (EIQNATUIW CONTINUO ON FOLLOWING FAG!) ,'^huass" • • i • • ' 1 1.4.1.101. • • . 1 Motkai ' Saba Melds 1 Seine.: PL.-23$13 AY.Nam Bans Road l 3 LESSEE fyned.staled eel Catered le aw pr.aara of Nicol Peel t wp,•r)sorpo enirar.l.. I (21.44•••44 r W.NsalelWilrlo p By 1 Print l e, Q0•'-4C).l)f s hart Nam' • Richard A.1 i n /� • C Ills Via PresidMM'flla°boate f ed°pa ac a . i Print Nam4 "C-Zi ie I ("Q./r'rc.DQ.Lt# . STATE OF br-V a COUNTY or u W i Tae fneaairu Manna wa askaowl.da.d balm ms kW a la of�� I 1Q ..____�by Ridud A.goal".a tike Presidia of En inas:inr sod Uncialan ha.Natal South Cap..s Gasps norpaals".dkCNessl Craig atin s v h`.I.pasunlly kaa as a aw.•wI.hes pvdaard a....)l A a idaoO.Mloa and who Sod Kim)abs an ad► lnay As sad official sal. Ji. - ,v`l rylcot t rrckEff I Prim Fame t ,y;;7 a.arw+garrararra MY comet ubsa npicx l"C.i7.7ngrr,)oc}J• • 1 . . 1 i t • • of • • 1 I I • i • I I• • 1 i • . . _ I • • Mrrtel.; Sash Flalde site No.; 7L•255tB SIN Tame;Bins Rood • MEMORANIIUM OF ACREEMENY LYN1l(T A • DESCRTITION OF LAND so the Msnaudonl or ApanrcM hob DK1r' 11111,by sod Wows TM City of Polo Eased Cowden,E Florida own opal corpwtwn,is Leper,and Nenee Sae6 Corp..a Osap:a corponma dWe Nwal ConvwasNMlor as lasses. 1U Lon!iM dauRHd snd/ordeplded Y knows(awl"and bourls deselptlooy. EAKWIT'MALT I.RUAL DESCRIPTIONS A PARCEL OF LAND LYING IN TON SOUTHEAST QUAR121(SE Ill)OF SECTION 12,TOWNSHIP e2 SOWN,RANGE 42 EAST. PALM BEACH COUNTY,FLORIDA AND BET NC MORE PARTICULARLY DESCRI BED AS FOL.LOwS. BOUNDED ON THE NL)RTMI BY THE SOUTH ATOM OF WAY UNE OF THE THOIAPSON RIVER AS DESCRIBED IN OFFICIAL RECORD BOOR 1179 AT PAGE 29E,PUBL1C AKODRDS OF PALM BEACH COUNTY, • BOUNDED ON NS SOUTH DY A UNE 1,250 FEET NORTH OF AND PARALLEL TO THE SOUTH L.IN!OP SAID SECTION 12; DOOMED ON THE UST BY THE WEST RIGHT•OF•wAY LINE UP STATE ROAD S. AND BOUNDED ON 111E wan'BY DO EAST UNE Or Tlrr PLAT OP GOLFER'S VILLAGE AS SNOW IN PLAT IODIC 23,AT PALE U; LESS AND EXCEF11NO THERMION THAT PART LYING WESTERLY OF THE EAST UNE OF THE PARCEL DESCRIBED IN OFFICIAI.ACCORD BOOK 4412,A r PAGE 23%PUBLIC RECORDS OF PALM BEACH COUN'T'Y. CONTAINING 424AR9 SQUARE PELT OR P.NMS ACRES,MORE OR LESS 9 • • • • • • • • • • • • • • • • • • MEMORANDUM OF LEASE Assessor's Parcel Number: 52424212000005470 Between the City of Palm Beach Gardens ("Landlord")and T-Mobile South LLC("Tenant") A Site Lease with Option (the "Lease") by and between the City of Palm Beach Gardens ("Landlord") and T-Mobile South LLC, a Delaware limited liability company("Tenant")was made regarding a portion of the following property: See Attached Exhibit"A"incorporated herein for all purposes The Option is for a term of twelve(12)months after the Effective Date of the Lease(as defined under the Lease), with up to two additional 2months renewal("Optional Period"). The Lease is for a term of five(5)years and will commence on the date as set forth in the Lease(the"Commencement Date"). Tenant shall have the right to extend this Lease for two(2)additional and successive five-year terms. IN WITNESS WHEREOF,the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. LANDLORD: City of Palm.�G. • ns,a • icipa ..: 'oration jorBy: .. - APPROVED AS TO FORM Printed N ,- R- ' usSo 4ND SAL SU F C, .1.' T Title: tko-Liot_ ��f �Date: Ove,.,ea& I(o, ohok WITNESS: WITNESS: By: By: Printed Name: a--frItue, ce+•AL Printed Name: &II.IS Date: . //69G Date: ll/l c/oC TENANT: T-Mobile So h LLC n By: ), Printed Name: .,1‘..efd- Title: Director Engineering and Operations Date: l In/06 WITNESS: WITNESS: By: / – By: Printed Nam . / / Printed Name: c. lif'ttt'1 Date: /l Date: V–c-(–((2, 1 Site Number: WP1086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Market: Miami (Nolan?block for Landlord/ (Landlord Notary block for a Corporation,Partnership,or Limited Liability Company! STATE OF FL flt I D f )ss. COUNTY OF ,4041 Q l.1%1 ) This instrument was acknowledged before me on NOR &s'( /4,J OOC by JOSLr1°// R. R VS S 0 , [title] AMV/K. of eni.&1 R/ fi OtrettOS a C/711 [type of entity], on behalf of said (71 gip 6ma04name of entity]. Heiske is r/ personally known to me or—has produced as identification. Dated: ////4/of, 00 Notary Public p - 11 Print Name Rr (alt-lS y commission expires (Use this space for notary stamp/seal) (Landlord Notary block for an Individual] STATE OF ) )ss. COUNTY OF ) This instrument was acknowledged before me on by He/she is personally known to me or has produced as identification. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) 2 Site Number: WP1086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Market: Miami /Notary block for Tenant! STATE OF /-7a,24- ) )5s. COUNTY OF ) / / , I certify that I know or have satisfactory evidence that JeSer is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Director Engineering and Operations of T-Mobile South LLC, a Delaware 1' ed liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrumenie is ersonally known to me or has produced as identification. Dated: /, —lJ-o to .,.?yw.._,.>': iN s r ' , � ANAL 05 rint Name ;g• ,a. .•,; WI COMMISSIO Us120 2008 y commission expires 1+, EXPIRES•Aug raPuDicUrnlaff.„ is (Use this space for notary stamp/seal) • 3 Site Number: WPI086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Market: Miami Memorandum of Lease Exhibit A Legal Description The Property is legally described as follows: • MIf T TRACT MAL N!CllPTIONM A YARL1b Or&AIO Lll01OIf 1111 ROUnoUSTQUARTIR W JMI CI SWIM u.7OM41IM P 41=MX 1ANOa•42 WT. PALM ARAM %ITARIDA 11110 NO maim N mastARLY OS =1INT AR MAO,* ROMEO 0141111 NORM SY VIII 11X11111INTO>P WAY MOP THR111OMt'loN1t1VIRAl mama JNO!!U RIM=NOM M ATIAAI*,_ruWCII00IDiO mug saga C1XtI't'i B OU )ON11111 IOUMLTALR0umPalTN0RT1101AIOPARARULTOT1RRGIm!.!XI OP PenON 1% O OU!loO MI=Ulf WIN Wirt RIORfor MAY Wear RATS ROAD ft A1Omourfole ow us wry/MUM?L11!dMTlo PLATCIIUPWIvILLAtltAI=WAIt1MATROottMAT PAiOR 18; LrI A10 wan=11Igltom TIIATPAAT I.YIIO wirimax OP T1R1 RAIR lD OP tfll PAID%DRICRBIID Ii arVI IAL=CORD BOOR 4M AT FAA 3311,PUKE MORIpiOPPALM!tiMACMCDtneIY. CMITAANO1MAO SQUAW PUT ORP.'NS ALT=MORA OR 1.11$ 4 Site Number: WP1086 Site Lease-version 3.31.06 Site Name: Sprint FL2558 Market: Miami 1 2 3 RESOLUTION 40, 2009 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO 8 THE GROUND LEASE BETWEEN T-MOBILE SOUTH LLC AND THE 9 CITY OF PALM BEACH GARDENS; PROVIDING AN EFFECTIVE 10 DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, on November 16, 2006, the City approved Resolution 131, 2006, 14 authorizing the execution of a ground lease agreement with T-Mobile South LLC; and 15 16 WHEREAS, T-Mobile South LLC co-located three antennas on the tower and 17 installed mechanical equipment within the ground lease area at Lilac Park; and 18 19 WHEREAS, the City and T-Mobile South LLC desire to amend the existing 20 ground lease to clarify the access easement provided; and 21 22 WHEREAS, the City Council has deemed adoption of this Resolution to be in the 23 best interest of the citizens and residents of the City of Palm Beach Gardens. 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF PALM BEACH GARDENS, FLORIDA that: 28 29 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 30 31 SECTION 2. The City Council hereby approves the First Amendment to the 32 ground lease between the City of Palm Beach Gardens and T-Mobile South LLC, 33 attached hereto as Exhibit "A", and authorizes the Mayor to execute such Amendment. 34 35 SECTION 3. This Resolution shall become effective immediately upon adoption. 36 37 38 (The remainder of this page left intentionally blank) 39 40 41 42 43 44 45 46 47 Resolution 40, 2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 8 BY: 9 Joseph R. Russo, Mayor 10 ATTEST: 11 12 13 14 BY: 15 Patricia Snider, CMC, City Clerk 16 17 18 APPROVED AS TO FORM AND 19 LEGAL SUFFICIENCY 20 21 22 23 BY: 24 R. Max Lohman, City Attorney 25 26 27 28 VOTE: AYE NAY ABSENT 29 30 MAYOR RUSSO 31 32 VICE MAYOR LEVY 33 34 COUNCILMEMBER JABLIN 35 36 COUNCILMEMBER BARNETT 37 38 COUNCILMEMBER PREMUROSO 39 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Resolution 40 2009-TMobile lease amendment.docx 2 Resolution 40, 2009 EXHIBIT "A" Site#6WP1086 Site Name:Sprint FL2558 FIRST AMENDMENT TO SITE LEASE WITH OPTION THIS FIRST AMENDMENT to Site Lease with Option (hereinafter this "Amendment") is entered into effective as of the latter of the signature dates below, by and between T-MOBILE SOUTH LLC, a Delaware limited liability company (hereinafter the "Tenant"), and the CITY OF PALM BEACH GARDENS, a Florida municipal corporation (hereinafter the "Landlord"). WHEREAS, Landlord and Tenant entered into a Site Lease with Option dated November 16, 2006 (the "Lease") with respect to the Premises located at Lilac Street & Plant Drive, Palm Beach Gardens, Florida; and WHEREAS, the Landlord has requested that a portion of the access easement to the Premises be relocated, and the Tenant has agreed to such relocation. NOW, THEREFORE, and in consideration of the premises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Landlord and the Tenant hereby agree as follows: 1. Access. Exhibit "B" to the Lease is hereby deleted in its entirety and replaced with the revised Exhibit "B-1", attached hereto and incorporated herein. Further, the parties hereto agree that the Premises leased to Tenant is depicted on Exhibit B-1 and Exhibit B-1 reflects the Premises' as-built conditions. 2. Lease in Full Force. All terms and conditions of the Lease not expressly modified by this Amendment shall remain in full force and effect, and in the event of any inconsistencies between this Amendment and the terms of the Lease, the terms set forth in this Amendment shall govern and control. Except as expressly amended hereby, the Lease shall remain in full force and effect as of the date thereof. 3. Correction to Lease. In the introductory paragraph of the Lease, the word "("Landlord") is inserted immediately after the word "corporation". 4. Defined Terms. Unless otherwise defined, all defined terms used in this Amendment shall have the meanings ascribed to them under the Lease. 5. Non-Binding until Fully Executed. This Amendment is not and will not be binding on either party until and unless it is fully executed by both parties. IN WITNESS WHEREOF, the parties have executed this Amendment on the dates hereinafter written. Executed by the Landlord this day of , 2009. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: 1 4�■ %'obert -os lo, a 'st. City!' irney 2 r • Executed by the Tenant this of St day of MG■1 , 2009. T-MOBILE SOUTH LLC, a Delaw. limite• •= 'ty company BY: Print m-: Harlan Kickh'iefer Title: Director of Engine= ing and Operations i/1tt.. ti WITNESSES: BY: Print Nam-. rnctrrQ Date: • ��. BY: /.�i Print :me: 1.4 • •/Wit Date: !! • • 3 I ,. • • .4.3.S.. ..µ � !- co jrn 8 i+ w, E l --"- b i 11- _ w. w,l} i e _____ . . ' ..7-4_________—___ I—q8 i i itt, t.,.-;�y^•— .---6,,,, b,bw!wvq.._. — ,_.. ..-. .. ._.._ 1 ( 0 F ! •� .... ed [ • w �, E1 �. VII kit"�IT ii W '•. s•.rw.., s; ,aie{pw�,1i y•' '•: 3 i G ! t.AY+' 'i. 3 `•r. i' .."7,.,..P; "1 1 8[1 Lit i WZ / It10 __., Q nC 11!1! IJI11J 4 • •1 r Ii1 . L j; j} .1�ti►i"I; :.�:•i �A ,,„... „ii,..„. : -;„..4, . :i�a :'r....� \ �`�`t.„-.... t, U v, ti lit 'flib`!V 5 tu a� b ill aat 'd, Itillgi#k t i .. 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I , t 1 1 r!{1i11j11U estj it !j • Jfg .L i8-v _. lY 11 i i (!ii ;[r dt I�d� iid�#t• I 1 w i i 11 1I In?i ro ill�$illbsit$ 1 j'\:41\\--- 1. %., i 1 i I ./• .0• 3 ii llt�sff Q I I l i r ;!ii I 0 •V --6.bn+ i1MtAroFaL,kz E:; i { : \ - 1 a i I # i i g i D 5 rF••i��li.L��ij • i, 1 1 \ L_.—_. — i _ , 5 tw I ' 1 l i i'3 IC Z O i -�.1 N as;tibtJoilitig I I J 244 1 1 , j `II r lillitiririsiltil0 I l°alafrol.r�.f�f[1,►f --3.160t,.— • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 4,2009 Petition#: MISC-08-05-000045 Resolution 43,2009 SUBJECT/AGENDA ITEM Resolution 43,2009: Northcorp Corporate Park PCD: Master Signage Program Amendment Consideration of approval: A request by Don Hearing of Cotleur & Hearing, on behalf of NorthCorp Corporate Park Property Owner's Association, for approval of an amendment to the Master Signage Program for the Northcorp Corporate Park Planned Community Development (PCD), generally bounded by the Gardens Station PUD to the north, Interstate 95 to the west, Bums Road to the south, and the FEC Railway to the east. [X] Recommendation to APPROVE with two (2)waivers [X] Recommendation o DENY two (2) monument signs and one(1)waiver Reviewed by: /r ', Originating Dept.: FINANCE: N/A Council Action: Growth Mana:e• ent: [ ]Approval City Attorne `/ . Project Costs: $ NIA [ ]Approval w/conds R. Max Lot an, sq. Managerio Total Denial Development • // ,, Richar• e o [ ]Postponed Compliance ' W Senior Planner $ N/A [ ]Continued to: Bahareh Keshavarz-Wolfs, [X] Quasi—Judicial Current FY AICP [ ]Legislative [ 1 Public Hearing Funding Source: Planning Manager Natalie Wong,AICP Advertised: Attachments: [ ]Required [ ]Operating ❖ Waiver Justification [X]Other NA Program Growth Managem t [X] Not Required ❖ Resolution 11,2006 Administrator ❖ Resolution 43,2009 Kara L.Irwin,AI ❖ Site Plan and ___7 Budget AcctA Landscape Plan Senior Accountant N/A Sign Program Tresha Thomas Approved By: Affected Parties: City Manager ]Notified [X]Not Required eat/ �I� Ronald M.F is L Meeting Date:June 04,2009 Petition:MISC-08-05-000045 Resolution 43,2009 EXECUTIVE SUMMARY There are four (4) types of signs being proposed with this request that will provide identity signage for the PCD: Five (5) directional signs, twenty-five address signs, and two (2) fifteen-foot monument signs. The applicant is also requesting approval to replace the existing street signs within the PCD to incorporate the corporate park's logo (see attached signage package). BACKGROUND The NorthCorp Corporate Park Planned Community Development (PCD) was approved by the City Council on January 18, 1990, through the adoption of Ordinance 1, 1990. The ordinance (1) united all lands comprising the former RCA site into one development order; (2) provided an approval mechanism for future petitions within the PCD; (3) assigned site-specific restrictions to certain lots; (4) established maximum trip generations for the development; and (5) established time-certain conditions of approval for certain road and drainage improvements. Since its approval, several lots have been developed within the PCD. Current tenants within the NorthCorp PCD include, among others: Catalfumo; Wackenhut; Anspach; Hilda Flack Interiors; Hampton Inn; Marriot and 31 Implant Innovations. LAND USE & ZONING The Future Land Use Map of the City's Comprehensive Plan designates the NorthCorp PCD as Industrial (I). The site has a Planned Community Development (PCD) Overlay with an underlying Research& Light Industrial Park(M-1) zoning district. PROJECT DETAILS Monument Signs The applicant proposes two (2) monument signs with the subject request. One (1) monument sign is proposed to be located on the west side of the corporate park adjacent to Interstate 95 and the second monument sign is proposed along the east side of the property adjacent to Alternate Al A. It should be noted that the applicant has requested a waiver to exceed the maximum height for non- residential monument signs (please see waiver section). The monument signs have the following measurements (see table below): Sign Size # of Faces Quantity Dimensions Letter Height Monument 47 square feet 2 2 Height: 15 feet 9-inches Sign #1  Width: 3.1 feet Directional &Address Signs The plan proposes five (5) directional signs and twenty-five (25) address signs. The directional signs are proposed to replace the previously approved directional signs located in common areas and the road medians, which are landscaped and maintained by the NorthCorp Property Owner's 2 Meeting Date:June 04,2009 Petition:MISC-08-05-000045 Resolution 43,2009 Association. In addition to the directional signs, the applicant proposes address signs to assist vehicular traffic with finding their intended destination. Due to the size of the signs and number proposed, the applicant has requested a waiver to exceed the maximum allowed by the City's code (please see waiver section). All signs will incorporate the NorthCorp logo which will be treated with a patina finish. The sign faces are proposed to be white and the text will be black. The directional and address signs have the following measurements (see table below): Sign Size Faces Quantity Dimensions Text Directional 22 square feet 1 5 Height: 6 feet 8 inches Width: 4 feet Address 7.5 square feet 1 25 Height: 2.3 feet 9 inches Width: 4 feet Waivers The Applicant has requested approval of three (3) waivers from the following Code sections: Staff City Code Code Criteria Proposed Waiver Recommendation • 1 per building • 24 square • 20 square • Approval of Section 78-285: feet in size feet both waivers • Max. 4 feet in Building height • 6-foot high • 2 feet Directional • Max size of 4 square feet Sign and • 25 Address signs Address Signs Section 78-285: • Max size of 60 • 47 square feet • Denial of the square feet waiver for the Non-residential proposed height • Max Height of • 15 feet • 5 feet of 15 feet ground sign 10 feet • Max width of 15 • 3.1 feet feet 3 Meeting Date:June 04,2009 Petition:MISC-08-05-000045 Resolution 43,2009 WAIVER CRITERIA: Section 78-158 N. Criteria. A request for the City Council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below(staff's recommendations are in italics). 1. The request is consistent with the City's Comprehensive Plan. The subject waivers for the address and directional sign request do not interfere with any Comprehensive Plan policies. 2. The request is consistent with the purpose and intent of this section. Staff believes that the address signs and directional signs are consistent with the purpose and intent of City Code Section 78-271. It is staff's professional opinion that the address and directional signs will further the concept of creating a corporate park identity and assist vehicular traffic in finding their intended destination within the PCD with ease. Staff does not believe the waiver to exceed the maximum height for a monument sign is consistent with the purpose and intent of this section. City Code Section 78-158 states, "...encourages applicants to propose innovative, creative, and utilize planning, design, and architectural concepts that will benefit the City". It is staff's position that the proposed monument signs do not bring any architectural benefit to the City or enhance the corporate park identity. Staff believes the Code requirements for ground signs are adequate to create signage that is attractive and creative. Furthermore, staff would be in support of the monument signs if they were constructed consistent with the City Code criteria and were complementary in design to the other signs located within the PCD. 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 subject request does not conflict with any of the City's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, or a sense of place. Staff believes the proposed ground monument signs do not create any additional architectural significance to the corporate park or create a sense of place. 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. It is staff's opinion that the granting of the waiver to allow for address and directional signs will assist vehicular traffic in finding their intended destination within the corporate park However, staff does not believe granting the waiver to exceed the maximum height for ground monument signs will further the idea of creating a corporate park or sense of place. 5. The request for one (1) or more waivers results from innovative design in which other minimum standards are exceeded. It is staff's professional opinion that the waiver requested for the ground monument sign is not a direct result of innovative design, but instead a request to add additional signage along the adjacent roadways. 4 Meeting Date:June 04,2009 Petition:MISC-08-05-000045 Resolution 43,2009 6. The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. The subject request is not applicable. 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. It is staff's professional opinion that the waiver request for the ground monument signs do not clearly demonstrate a public benefit. Staff evaluates signage waivers based upon the purpose and intent of signage, as defined in City Code Section 78-271. Section 78-271 states, "The purpose of this division is to create a legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful..." The applicant has stated to staff that the proposed monument signs would be an architectural benefit to the City and a means of wayfinding (please see attached waiver criteria justification). Staff disagrees with the applicant's justification that the proposed monument signs will assist in wayfinding. Staff believes the proposed address signs, which staff is in support of would be more than adequate for vehicular traffic to find their intended destination. Staff believes that the monument signs could be constructed in accordance with the design criteria set forth in the City Code, and be just as effective without the need of waivers. The proposed fifteen foot monument signage is visual clutter and reminiscent of a pole sign. Furthermore, it is staff's opinion that approval of the monument signs could set a precedent for similar requests from developments within the City that want to increase visibility along major arterials. 8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The applicant does not propose any reductions to the buffers from the original site plan approval. 9. The request is not based solely or predominantly on economic reasons. The applicant has not stated that the request is based solely or predominantly on economic reasons. 10. The request will be compatible with existing and potential land uses adjacent to the development site. The applicant does not propose any changes to the land use or zoning which would result in incompatibility to the surrounding areas, however, staff believes the proposed monument signs are inconsistent with the existing character of the PCD and adjacent land uses. 11. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. It is staff's professional opinion that the waiver request for the monument signage is not an innovative architectural concept that will benefit the City. Staff believes that the proposed waiver for the monument signage is not to enhance the corporate park, but to serve as a 5 Meeting Date:June 04,2009 Petition:MISC-08-05-000045 Resolution 43,2009 means of additional advertising and is not consistent with the purpose and intent for waivers to the planned unit developments or the City's sign code. STAFF ANALYSIS The intent of Division 7. Signs of the City's Land Development Regulations is to "...authorize the use of signs, provided they are compatible with their surroundings, appropriate to the activity that displays them, expressive of the identity of the individual activities and the community as a whole, and legible in the circumstances in which they are seen." (emphasis added) City staff has worked diligently with the applicant to process the subject signage requests and is in favor of the building directional and address signs and affiliated waiver request. However, the proposed monument signs are contradictory to the purpose and intent of the signage ordinance because they are incompatible with the surrounding area and are inconsistent with any previously approved signage within the subject site and within the City. The maximum height for a stand alone monument sign in the City's LDRs is 10 ft. The applicant has requested a height of 15 feet for the two (2) monument signs, which is not compatible with the surrounding area. Section 78-158 requires this deviation to be justified through a waiver request; however, the applicant's waiver justification has not provided evidence that the deviation should be supported. Furthermore, staff would like to emphasize that the proposed monument signs are inconsistent with the existing monument signs of the PCD that were approved through the adoption of Resolution 11, 2006. Staff understands the importance of signage to provide identification to businesses within the PCD and supports the use of signage to support economic development opportunities within the City, but believes that the intent of providing this exposure and identification to the NorthCorp PCD could be achieved under the existing City Code, which allows for stand-alone monument signs up to a height of 10 ft. It is important to note that the applicant has decreased the height of the proposed monument signs three (3) times from 30-feet, to 20-feet, and currently to 15-feet. By reducing the height, the applicant was able to eliminate one (1) waiver for exceeding the maximum copy area. However, although the reduction of the height of the monument signs has been an improvement they still require a waiver for the height and do not meet the intent of the Code as it relates to the waiver criteria. PLANNING, ZONING AND APPEALS BOARD (PZAB) On January 13, 2009, the PZAB recommended approval of two (2) waivers for the directional and address signage, and recommended denial of the two (2) waivers associated with the monument signage by a vote of 4-3. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 43, 2009, with the proposed building directional and address sign waivers. Staff recommends DENIAL of the proposed monument signs and associated waiver. 6 bier' Cotleur& Hearin gLandscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane • Suite 1 • Jupiter,Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lic#LC-C000239 April 28, 2009 Mr. Richard Marrero City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, FL 33410 Subject: Northcorp Corporate Park Master Signage Plan (CH#07-0805) Dear Richard: The purpose of this correspondence is to summarize the activity of the Northcorp Corporate Park Master Signage Plan amendment petition since we met with you in February. As you are aware we requested meetings with the council members regarding the proposed monument signs (icons) to get a feel for where they stand on the request. The meetings were held the week of March 16th, 2009. There was a general consensus from the Council that some kind of icon makes sense in the proposed locations. Although there was some difference of opinion, the Council members concluded that if the icon was decreased in height, and there is no waiver for the total sign area, there would be the potential for their support. Based on this advisory, we have made the requested changes to the proposed icons by decreasing the height of both signs to 15-feet. We have now decreased the height of the proposed icons three times from 30-feet, to 20-feet, and now 15-feet in height. The icons no longer require a waiver for sign area. On behalf of the applicant, NorthCorp Corporate Park Property Owners Association, we are requesting to proceed to the next available City Council meeting with your support. In advance, we thank you for your collaboration with the advancement of the Northcorp Corporate Park. If you should have any questions concerning the information provided in this correspondence, please do not hesitate to contact me at 561.747.6336 x 128. Sincerely, Alessandria Kalfin Alessandria Kalfin Land Use Planner CITY OF NM aCH GDNS Cc: Northcorp Corporate Park POA , ,,} 04 4 y1j Encl: Master Signage Plan Exhibits&Site Plan PLANNING & ZONK F:\Project Documents\07-0805 NorthCorp Business Park\Correspondence OUT\070805_Ltr R.Marrero 04.28.09.doc Cotleur & HearingLandscape 'Architecture I Land Planners I EI'ti ltpf'lYlenta CGEISti(*u1 T. 1934 Commerce Lane• Suite 1 • Jupiter, FL 33458 • Ph 561.747.6336 Fax 561.747.1377 www.cotieurhearing.com Lic#LC-C000239 NorthCorp Corporate Park Master Signage Plan Justification Statement INTRODUCTION On behalf of NorthCorp Corporate Park Property Owners Association, the applicant, we propose the second phase of the master signage program for directional, address and icon identity signage throughout the NorthCorp Corporate Park. The park is located south of RCA Drive, north of Burns Road, east of Interstate 95 and west of Alternate Al A. APPLICATION 1. Miscellaneous Petition $1,650.00 PROJECT CONTACTS APPLICANT NorthCorp Corporate Park P.O.A. Jim Griffin, Director 3950 RCA Boulevard, Suite 5000 Palm Beach Gardens, FL 33410 561.427.3993 Jegriffin28 ci aol.com AGENT/LANDSCAPE ARCHITECT Cotleur& Hearing, Inc. Don Hearing/Alessandria Kalfin 1934 Commerce Lane, Suite 1 Jupiter, FL 33458 561.747.6336 Dhearinq(c�cotleur-hearinq.com GRAPHIC DESIGN Glen Welden & Associates, LLC Glen Welden 349 Knollwood Drive Anderson, S. Carolina 29625 864.353.8026 designGWA(a,aol.com CITY Of NM , H; CAS N� `t•,i. '�`���� IJJ `� 1 �{7pi�` 1JIIEYE 1i ��,f Page 1 of 4 NorthCorp Corporate Park Miscellaneous Petition for Signage CH Project #:07-0805 Pre Application 05.02.08 Submittal 9.26.08 HISTORY The first phase of the master signage plan for NorthCorp Corporate Park was approved in 2006 by Resolution 11, 2006 to permit four (4) monument signs for the park. The signs are located at each entry and serve a great purpose for automobile users coming from outside of the park. The request at hand would further the intent of the monument signs by providing additional signage for automobile users once they enter the park. The park is extensive and includes over twenty buildings. In the past it has been difficult for a driver to find his way to a building once inside the park; especially since there are over four road names and numerous addresses within the park. REQUEST The applicant is proposing the addition of directional signage throughout the NorthCorp Corporate Park within phase two of the master signage plan. There are four types of signs being proposed with this request; a 6-foot directional sign, a 2.3-foot address sign, a 20-foot icon identity ground sign and a 25-foot icon identity ground sign. The applicant is also requesting to replace the existing street signs within the park. The new street and stop signs will portray the NorthCorp logo. The plan proposes five (5) directional signs (to replace the existing 5 directional signs), twenty-five (25) address signs, and two (2) icon identity ground signs. The directional signs will be used in common areas and in road medians landscaped and maintained by the NorthCorp Corporate Park property owners association. These signs have the addresses of multiple buildings with arrows pointing in the direction in which the building is located. The address signs will be located in front of each building to identify its address. The 25-foot icon identity sign will be located along the interstate 95 boundary and the 20-foot icon identity sign will be located along the Alternate AlA boundary. 31 q �, *o- s F:�' at . Directional 22-SF 1 5 Height: 6-feet 8-inches Width: 4-feet Address 7.5-SF 1 25 Height: 2.3-feet 9-inches Width: 4-feet Icon Identity 47-SF 2 1 Height: 20-feet 12-inches Width: 2.3-feet Icon Identity 75-SF 2 1 Height: 25-feet 12-inches Width: 3-feet The signs will be architecturally consistent with the four existing monument signs approved in 2005. All signs will have the NorthCorp logo which will be treated with a Patina finish. The sign face will be white and the text will be black. The directional sign and the icon identity sign will have colored trim specified as PMS 415-C and PMS 420- C, in the same tone as the Patina finish. Page 2 of 4 NorthCorp Corporate Park Miscellaneous Petition for Signage CH Project #:07-0805 Pre Application 05.02.08 Submittal 9.26.08 WAIVERS Per section 78-285, the applicant will require three (3) waivers with the proposed signage request. NorthCorp Corporate Park is the only corporate park within the city limits. This characteristic requires flexibility to adhere to the code requirements which were not designed for corporate parks but for other commercial uses. Section 78-278 of Division 7 Signs, states "that the city council may, at time of development order approval or development order amendment, grant one or more waivers to the requirements of this division applicable to a PUD, PCD, or site plan within a PCD." And further more "The city council may vary the size, setback requirements, and number of permitted signs in a PUD, provided the city council determines a PUD application complies with the general intent and purpose of this division." 1. The applicant is requesting a waiver to the Building Directional Sign requirements. The code states that a directional sign is to be a maximum of four (4) square feet in size and four (4) feet in height. The proposed directional sign will be 22-square feet in size and six (6) feet in height. The applicant is requesting a waiver of 18-square feet in size and 2-feet in height. The increase in size for the directional signs is justified because they will be used for vehicular traffic opposed to pedestrian traffic as the code may have once intended. It is difficult to see all the text on a sign that is only 4-feet tall while sitting in a car, specifically at the bottom of the sign. The 6-foot tall sign will allow the text to be higher and easily read by a driver passing by. Please note these signs are to replace the existing directional signs which are larger then the code requirement as well. The proposed signs are completely consistent with the directional signs found at each entrance of the Gardens Mall and within Downtown at the Gardens. These directional signs are essential for NorthCorp to assist in the way-finding for visitors due to the vast acreage on which the park sits. The companies in NorthCorp rely on signage such as this to keep their existing business and to promote new business. 2. The applicant is requesting a waiver to the Ground Sign requirements. The code states that ground signs are permitted to be a maximum of 60-square feet in size and 10-feet in height. The signs proposed are 47-square feet and 75-square feet in size and 20-feet and 25-feet in height. The applicant is requesting a waiver for a maximum of 15-square feet in size and of 15-feet in height. The icon identity signs proposed are very similar in height and mass as the spire located within Legacy Place on the northwest side of the project. They are consistent with all of the building heights within the park as well as the height of the interstate sound wall per the exhibits provide. The applicant feels that these signs are imperative due to the location of the corporate park. The park sits in a pocket of Palm Beach Gardens which is hidden on one side by interstate 95 and on the other side by the FEC railroad tracks. There is no identification from interstate 95 or from Alternate A1A; the two corridors that make the park property so valuable. The park is isolated from PGA Boulevard as well as from Northlake Boulevard; the two central corridors of Palm Beach Gardens. The icon identity signs proposed will assist in the identification of the park from the interstate as well as from Alternate A1A. Page 3 of 4 NorthCorp Corporate Park Miscellaneous Petition for Signage CH Project #:07-0805 Pre Application 05.02.08 Submittal 9.26.08 4 Aci):140013044. m!lo::: '.:4,000,Stan!!!'5VMOS"N' ' )912.5n ° :OA e .4 a .. grW arm.=. Nn....M ._ .a ,M w..v ..dS Section 78-285, Table 24: 4 SF in size 22 SF in size 18 SF in size Permanent Signs: Building Directional 4 feet in height 6 feet in height 2 feet in height Sign Section 78-285, 60 SF in size Max 75 SF in size 15 SF in size Table 24: Permanent Signs: 10 feet in height Max 25 feet in height 15 feet in height Ground Sign CONCLUSION The applicant would like to remind staff that NorthCorp Corporate Park is the only corporate park within the city limits. This characteristic requires flexibility to adhere to the code requirements which were not designed for corporate parks but for other commercial uses. Per section 78-278 within Division 7 Signs states "...the city council may, at time of development order approval or development order amendment, grant one or more waivers to the requirements of this division applicable to a PUD, PCD, or site plan within a PCD." The request for additional signage and required waivers is consistent with the City's Land Development Regulations and the Comprehensive Plan of Palm Beach Gardens. The proposed new signage is consistent with the existing approved signage and will not create negative visual impacts on or off-site. The applicant believes that premier tenant occupancy is directly tied to their ability to have clear identification of their facilities to the general public. The petitioner shall work closely with Staff to ensure they have all the necessary information and material to review and recommend approval of this request. Page 4 of 4 Northcorp Corporate Park Miscellaneous Petition for Signage Waiver Criteria Justification October 31,2008 Applicant's waiver justification Section 78-158 (i) Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below. (1) The request is consistent with the city's comprehensive plan. The request is consistent with the city's comprehensive plan. Policy 13.1.1.2 of the Economic Development Element states that "The City shall assist the retention and growth of existing businesses within the City, particularly those that provide high-wage employment of that support or complement those employment sectors." The PCD consists of 1.3 million square feet of high quality office and light industrial space providing for thousands of jobs in the City of Palm Beach Gardens. The waivers that are being requested to provide lenience of the signage code have a direct relationship to the retention and growth of existing businesses within the City — specifically existing businesses in the Northcorp Corporate Park. Without the leniency and in turn the additional signage, the existing businesses will have a difficult time growing in the city. Eventually this may conflict with the city's goal to retain existing businesses as well. The requested additional signage will continue to build a sense of business park "community" which will provide for the attraction, retention, and growth of business within the city. (2) The request is consistent with the purpose and intent of this section. The entire site has been previously approved as a planned community development and therefore meets the intent of this section. The petitioner is not requesting a modification to the site that would change the PCD classification. The applicant is requesting that these waivers be granted in order to improve the existing PCD. Section 78-155 (a) Composition and Intent, states that the PCD overlay district should function as a self-contained and identifiable district of the city. Furthermore, the section states that the regulations should encourage imagination and ingenuity. The proposed signs are consistent in their intent to identify the Corporate Park as one self-contained district. The designs of the two monument signs are imaginative and original. (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 request does not conflict with any of the city's goals, objectives, or policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, or a sense of place. The waiver request supports development possessing architectural significance and a sense of place. The monument signs identify the corporate park with a unique architectural design theme consistent with the Page 1 of 3 Northcorp Corporate Park Miscellaneous Petition for Signage Waiver Criteria Justification October 31,2008 first phase of signage. The theme is carried through out the park and provides visitors and the park's workforce with a sense of community. (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. Due to the waivers relationship to signage, this criterion is not applicable to the request. (5) The request for one or more waivers results from innovative design in which other minimum standards are exceeded. The request for the waiver results from innovative design. The proposed signs have been designed to reflect signage in an artistic manner. The signs have been designed by Glen Welden, a well known sign designer in the City as well as the southeast region of the country. The signs are 25 feet in height but they are a maximum of 4-feet wide. The signs were designed as slender, curvature structures that would be viewed as picturesque monuments that represent a high quality corporate park. (6) The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. This criterion is not related to the request. (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. As discussed previously, the applicant believes that the design of the monument signs is of desirable architecture. The applicant also feels that the signs provide a great way finding public benefit to city residents and visitors. (8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The applicant is required to sufficiently buffer the proposed monument signs with appropriate landscape material. The proposed landscape plan reflects the required amount of foundation planting for both signs. (9) The request is not based solely or predominantly on economic reasons. Page 2 of 3 Northcorp Corporate Park Miscellaneous Petition for Signage Waiver Criteria Justification October 31,2008 The request is not based solely on economic reasons. As discussed earlier, the park is a true community district of the city; one that deserves an identity and to that extent identification. Currently there is no identification for the park outside of its boundaries. If the City is to support the park and its businesses, it is imperative that the park is provided with identification from outside of its boundary. This is the only way that residents and visitors of the city will ever truly see the park as a community, versus a group of commercial buildings. The monument signs proposed will allow residents and visitors of the city to identify the park from Interstate 95 and from Alternate AlA, in addition to providing way finding identifiers within the park, as a true planned community development. (10) The request will be compatible with existing and potential land uses adjacent to the development site. The park is surrounded by compatible land uses to the north, south, east, and west (beyond Interstate 95); general commercial, professional office, industrial, public institutional, mixed use and high density residential. The proposed signs are compatible with the existing building style and height in all districts. (11) The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. The request will be in harmony with the general purpose and intent of this section. The request will not be injurious to the area or detrimental to public health, safety, or welfare. The signs are composed of high quality design and will signify an important planned community within the City. They will provide unity for the corporate park and will entice interest by residents and visitors who are unaware or unfamiliar with the park. The proposed monument signs will help the park become what it should have always been —a destination within the City of Palm Beach Gardens. Page 3 of 3 Date Prepared:December 21,2005 1 RESOLUTION 11, 2006 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A MASTER SIGN 6 PROGRAM FOR THE NORTHCORP CORPORATE PARK 7 PLANNED COMMUNITY DEVELOPMENT (PCD), GENERALLY 8 BOUNDED BY THE GARDENS STATION PUD TO THE 9 NORTH, INTERSTATE 95 TO THE WEST, BURNS ROAD TO THE 10 SOUTH, AND THE FEC RAILWAY TO THE EAST, AS MORE 11 PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR 12 CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, the NorthCorp Corporate Park Planned Community Development 17 (PCD) was approved by the City on January 18, 1990, through the adoption of 18 Ordinance 1, 1990; and 19 20 WHEREAS, the City has received a request by Kimberly Thaler of Cotleur 21 Hearing, on behalf of John C. Bills Enterprises, Ltd. / NorthCorp III Ltd., for approval of a 22 Master Signage Program for the NorthCorp Corporate Park Planned Community 23 Development (PCD), generally bounded by the Gardens Station PUD to the 24 north, Interstate 95 to the west, Burns Road to the south, and the FEC Railway to the 25 east, as more particularly described herein; and 26 27 WHEREAS, the subject has a Planned Community Development (PCD) Overlay 28 zoning designation and an Industrial (I) future land use designation; and 29 30 WHEREAS, the Growth Management Department has reviewed said application, 31 has determined that as conditioned it is sufficient and is consistent with the City's Land 32 Development Regulations and the City's Comprehensive Plan, and has recommended 33 approval thereof; and 34 35 WHEREAS, the City's Planning, Zoning and Appeals Board reviewed the subject 36 petition at its December 13, 2005, meeting and recommended its approval by a vote of 37 7-0; and 38 39 WHEREAS, the City Council has considered the evidence and testimony 40 presented by the Petitioner and other interested parties and the recommendations of 41 the various City of Palm Beach Gardens review agencies and staff; and 42 43 WHEREAS, the City Council has determined that adoption of this Resolution is in 44 the best interest of the citizens and residents of the City of Palm Beach Gardens. 45 46 Date Prepared: December 21,2005 Resolution 11,2006 1 NOW, THEREFORE, BE IT RESOLVED 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 request by Kimberly Thaler of Cotleur Hearing on behalf of 7 John C. Bills Enterprises, Ltd. / NorthCorp Ill Ltd. for approval of a Master Signage 8 Program for the NorthCorp Corporate Park Planned Community Development (PCD) is 9 hereby APPROVED on the following described real property, subject to the conditions of 10 approval provided herein, which are in addition to the general requirements otherwise 11 provided by resolution: 12 13 LEGAL DESCRIPTION 14 15 LEGAL DESCRIPTION AS FOUND ON THE PLAT OF RCA BOULEVARD CENTER; 16 THE PLAT OF NORTHCORP CENTER; THE PLAT OF WEST PARK CENTER; AND 17 THE PLAT OF SOUTH PARK CENTER. 18 19 SECTION 3. Said Master Signage Program is approved subject to the following 20 conditions, which shall be the responsibility of the Applicant, its successors, or assigns: 21 22 1. Prior to the issuance of a building permit for the signs, the Applicant shall 23 publicly record easements at the locations of the signs dedicating the 24 maintenance of the signs and associated landscaping to the RCA Boulevard 25 Drainage Association, Inc. (Planning & Zoning) 26 27 2. The base for the new directional bollard signs shall be comprised of 28 simulated coquina stone finish. (Planning & Zoning) 29 30 SECTION 4. The master signage within the NorthCorp Corporate Park Planned 31 Community Development (PCD) shall be constructed in accordance with the following 32 plans on file with the City's Growth Management Department: 33 34 1. Master Signage Program Site Plan and Landscape Plan: Sheets 1 through 35 4 of 4, prepared by Cotleur Hearing, received and stamped by the City on 36 December 21, 2005. 37 38 2. Elevations: Sheets B2 & B4-1, prepared by Glen Welden & Associates, 39 Inc., received and stamped by the City on December 21, 2005. 40 41 SECTION 5. Said approval shall be consistent with all representations made by 42 the Applicant or Applicant's agents at any workshop or public hearing. 43 44 SECTION 6. This Resolution shall become effective immediately upon adoption. 45 46 2 Date Prepared: December 21,2005 Resolution 11,2006 1 PASSED AND ADOPTED this (� day of 10,,,a4-4-4.- , 2006. 2 3 4 CITY OF PAL CH R. ' NS, FLORIDA 5 6 7 BY: -, ` L 8 I/fr, ose• _. Russo, Mayor 9 � 10 ATTEST: 11 12 13 BY: 14 Patricia Snid r, CMC, City CI 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 21 BY: 22 Christine P. Tatum, City Attorney 23 24 25 26 VOTE: AYE NAY ABSENT 27 28 MAYOR RUSSO ✓ 29 30 VICE MAYOR JABLIN ✓ 31 32 COUNCILMEMBERLEVY 33 34 COUNCILMEMBERVALECHE 35 36 COUNCILMEMBERBARNETT 37 38 -Ck( 39 40 41 42 43 44 45 46 47 \\pbpsfileW ttorney\attomey_share\RESOLUTIONS\Northcorp MS Reso 11,2006.doc 3 1 RESOLUTION 43, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING THE MASTER 6 SIGNAGE PROGRAM FOR THE NORTHCORP CORPORATE 7 PARK PLANNED COMMUNITY DEVELOPMENT (PCD), 8 GENERALLY BOUNDED BY THE GARDENS STATION PUD TO 9 THE NORTH, INTERSTATE 95 TO THE WEST, BURNS ROAD TO 10 THE SOUTH, AND THE FEC RAILWAY TO THE EAST, AS MORE 11 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS 12 OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN 13 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 14 15 16 WHEREAS, the NorthCorp Corporate Park Planned Community Development 17 (PCD) was approved by the City on January 18, 1990, through the adoption of 18 Ordinance 1, 1990; and 19 20 WHEREAS, the NorthCorp Corporate Park Planned Community Development's 21 (PCD) Master Signage Program was approved by the City on January 19, 2006, 22 through the adoption of Resolution 11, 2006; and 23 24 WHEREAS, the City has received a request (Petition No. MISC-08-05-000045) 25 by Donaldson Hearing of Cotleur Hearing, on behalf of the NorthCorp Property Owner's 26 Association, for approval of an amendment to the Master Signage Program for 27 the NorthCorp Corporate Park Planned Community Development (PCD), generally 28 bounded by the Gardens Station PUD to the north, Interstate 95 to the west, Burns 29 Road to the south, and the FEC Railway to the east, as more particularly described 30 herein; and 31 32 WHEREAS, the subject has a Planned Community Development (PCD) Overlay 33 zoning designation and an Industrial (I) Future Land Use designation; and 34 35 WHEREAS, the Growth Management Department has reviewed the application, 36 has determined that as conditioned it is sufficient and is consistent with the City's Land 37 Development Regulations and the City's Comprehensive Plan, and has recommended 38 approval thereof; and 39 40 WHEREAS, the City's Planning, Zoning, and Appeals Board reviewed the 41 subject petition at its January 13, 2009, meeting and recommended approval of the 42 waivers for the directional and address signage, and recommended denial of the two (2) 43 waivers associated with the monument signage by a vote of 4-3; and 44 45 46 Resolution 43, 2009 1 WHEREAS, the City Council has considered the evidence and testimony 2 presented by the Applicant and other interested parties and the recommendations of the 3 various City of Palm Beach Gardens review agencies and staff; and 4 5 WHEREAS, the City Council has determined that adoption of this Resolution is in 6 the best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 13 14 SECTION 2. The request by Donaldson Hearing of Cotleur Hearing, on behalf of 15 the NorthCorp Property Owner's Association, for approval of an amendment to the 16 Master Signage Program for the NorthCorp Corporate Park Planned Community 17 Development (PCD) is hereby APPROVED on the following described real property, 18 subject to the conditions of approval provided herein, which are in addition to the general 19 requirements otherwise provided by resolution: 20 21 LEGAL DESCRIPTION: 22 23 LEGAL DESCRIPTION AS FOUND ON THE PLAT OF RCA BOULEVARD CENTER; 24 THE PLAT OF NORTHCORP CENTER; THE PLAT OF WEST PARK CENTER; AND 25 THE PLAT OF SOUTH PARK CENTER. 26 27 SECTION 3. The Master Signage Program is approved subject to the following 28 conditions, which shall be the responsibility of the Applicant, its successors, or assigns: 29 30 1 . Prior to the issuance of a building permit for the signs, the Applicant shall 31 publicly record easements at the locations of the signs dedicating the 32 maintenance of the signs and associated landscaping to the RCA Boulevard 33 Drainage Association, Inc. (Planning & Zoning) 34 35 2. The base for the new directional bollard signs shall be comprised of 36 simulated coquina stone finish. (Planning & Zoning) 37 38 3. All landscaping associated with signs added or modified by this petition 39 (Petition No. MISC-08-05-000045) shall be fully irrigated. (City Forester) 40 41 4. Prior to the issuance of a building permit for the signs, minor adjustments 42 may be made to the locations of the signs so as to not block views for traffic, 43 conflict with utilities or trees, and shall be approved by the City Forester. 44 (City Forester) 45 46 47 2 Resolution 43, 2009 1 5. The monument signs, referenced as "Icon Identity Monument" in the Master 2 Signage Program, which is attached as Exhibit 3, shall not include tenant 3 signage on either of the signs. (Planning & Zonina 4 5 SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby 6 approves the following three (3) waivers: 7 8 1. Section 78-285, Permitted signs, to allow for five (5) building directional 9 signs with a height of 6 feet by a width of 4 feet for a total area of 24 square 10 feet. 11 12 2. Section 78-285, Permitted signs, to allow for 25 building address signs with 13 a height of 2.3 feet by a width of 4 feet for a total area of 7.5 square feet. 14 15 3. Section 78-285, Permitted signs, to allow for two (2) 15-foot monument 16 signs. 17 18 SECTION 5. This amendment to the NorthCorp Master Signage Program is 19 hereby approved subject to strict compliance with the Exhibits attached hereto and 20 made a part hereof, as follows: 21 22 Exhibit 1. Master Signage Program Site Plan and Landscape Plan: Sheets 1 23 through 4 of 4, prepared by Cotleur Hearing, received and stamped 24 by the City on December 21, 2005. 25 26 Exhibit 2. Elevations: Sheets B2 & B4-1, prepared by Glen Welden & 27 Associates, Inc., received and stamped by the City on December 28 21, 2005. 29 30 Exhibit 3. Master Signaqe Program, Sheets 1 through 4, prepared by Glen 31 Welden & Associates, LLC, last revised April 18, 2008, and 32 stamped by the City on May 04, 2009. 33 34 Exhibit 4. NorthCorp Corporate Park Identity Enhancement & Signage 35 Program, Sheets 1 through 11, prepared by Cotleur Hearing, last 36 revised April 09, 2009, and stamped by the City on May 04, 2009. 37 38 SECTION 6. This approval shall be subject to and consistent with all previous 39 approvals, if any, except as modified herein. 40 41 SECTION 7. Any and all future amendments to the NorthCorp Planned 42 Community District (PCD) Master Signage Program shall be approved by 43 resolution of the City Council, except as otherwise provided in the Palm Beach 44 Gardens Code of Ordinances. 45 46 47 3 Resolution 43, 2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 Joseph R. Russo, Mayor 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, CMC, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 R. Max Lohman, City Attorney 23 24 25 VOTE: AYE NAY ABSENT 26 27 MAYOR RUSSO 28 29 VICE MAYOR LEVY 30 . 31 COUNCILMEMBER JABLIN 32 33 COUNCILMEMBER BARNETT 34 35 COUNCILMEMBER PREMUROSO 36 / 37 1,— 38 39 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Resolution 43 2009-Northcorp Master Signage Amend.doc 4 1 WHITE MAP 42sizip Gm, P4 _ -`.c A 2•PUS 415-C Trim 1 B 4'G 1 Way Finding C C a 3.PMS420-C Trim 2 Primary Identity display manufactured from Synthetic Polymer overlay PVC Foam product as supplied by Custom Foam Fabricators In located m Tyrone Georg. Display finished in Masterwoll Spray finish to match Inman'Identity Monuments I currently located at the NorthCorp property. BLACK Color finishes in SemiGkns coatings to match project color palette and all coatings 4 MAI'x•Tnia.risms to be brush/roll applied over properly primed and sealed surfaces. • th"thick aluminum plate elements with Patina finish.Each element to to mounted utilizing threaded studs Way Finding Numbers and Arrows. and spacers,Ih"from each panel,t4"from background wall Way Furling numbers and directional arrows I si.d into unman background feature A/B Patina 3/B`and finished in black gloss enamel to match MAP 422045P Gloss Black I r * y * Patina finish as supplied by GEMINI Corporation J °a 0`5" - 0 . A&B:Nouveau Patina C:Patina Lugo Treatments:Nefo to detail on this duvment for details and spxdiraliom a h t'0 1 II 4■, Plan View 1Logo Element Detail C Nouveua Patina l Ua--tt D Textured Finish 7-4 0 , 4t-0n e C) ttD V-'-a° I 1'-2' a"I -_ ei - , 5.-0" ' w -',- ( 4000-5001 as - — 920-3991 as • 004270 ar + 3910 OW' 6'-0" F 3920 a. F-1" �^/ 4200� 1 �-.1 Way Finding Concept LM y ultiple Number ep' - D U u"x36"deep 30110 PSI concrete fill with#5 re-bar each i _ direction as shown. CITY Of DAM IKH GDNS VIII Option A)4"x6'vertical square tube aluminum supports 3'-0" Into ground,36"deep,with(2)12'x 36'footings. O :-.".--11111111 Option B)4"round support column with/125'wall secured into x II I IIII- Foam structure with high bond mastic,secured below as shown :(,'_ n _ Below grade footing,cores:ete and Structural support , I��,��'///��� r P dimension and detail per engineered sealed Mid `NG&ZON k- Way Finding Concept n'ati°=andspecification. I=s� VI an' N . __ Client: Architect: DRAWINGCSItLS/0ytsns John C. Bills Properties Cotleur& I�WattgA itecure Environmental a ldenaphtAsson: a It.,,w;iel en Glen Welders 61.Associates,LLC uATE:oFta� ronrun6 Bnviroomenral eonsuhirp Graphic Design 349 Knollworni lhive Andel.m,SC 29625 3950 RCA Blvd.,Suite 5000 Palm Beach Gardens,Fl Hearing 1134 Commerce Lane suite 1 -. 1.. SG4LE 1 x-llplda 3345.561-7+21336 Fait 747-1377 6q-153-B026 FAX 864.314-8602 1'-0- REVISION:04!27K`A TesagnL VC'Ao solvents REVISION.05tI8AR I 1 WHITE MAP asst Gloss I Building Identity 1 A A 2 PMS 415-C Trim 1 rnman,Identity display manufactured from Synthetic Polymer overlay PVC Foam e product as supplied tw Custom Foam Fabricators Inc located in Tyrone Georgia B B Display finished in Mastenwall Spray finish to match Ihimary Identity Monument currently located at the NurthCurp p^•-F C C 3 I'MS 420-C Trim 2 Color finislus taSemil;bss coatings palette and all ccatirsgs to be brush/sou applied over properly promo and sea t surfaces. + Way Finding Numbers and Arrows: s' 4.BLACK Way Finding numbers end directional arrows Imeiand into primary background MAF 42204bn Glass 3/8"and finished in black gloss enamel to match MAP 4220457 Gloss Black a- 4.. '••thick aluminum plate elements with Patina p s 1 finish.Each element to be mounted utilizing threaded studs Logo Treatments:Refer to detail on this document for details and specifications O p t%e, o- and spacers,ha from each panel,'a from background wall •ter" L. F Patina finish as supplied by GEMINI Corporation A/B Patina U A&B:Nouveau Patina C:Patina 0 "Plan View t Logo Element Detail 11 C Nouveua Patina C...) 4—) D Textured Finish 4..) l-4 r- I 4'-0" a.ta M 2•�•, 1 14555 1 � n � V-9" I { OTypical: ff. l IB"x24'•deep 3600 PSI concrete fill with MS re-bar each -.„„i, 2'-0° direction et shown. r , Option A)4"x4"vertical square tube aluminum supports „„,„__-= m n ground, deep,with(2)12 x 24 footings. Y iiiI iqL_ j Option B)4"round support column with/125"wall secured into ''`,' Foam structure with high bond mastic,secured below grade as shown. H �.` Below grade footings,concrete and Structural support L [a] dimension and detail per engineered sealed F. Building Identity Concept calculations and specification, O X ° U • Client: 'Architect -— - ——} - Environmental ML+mlvr;cat.ts/tu/rotas John C. Bills Properties eR Gln ldGBp Associates,w'P ij DATE.4aa4vt Cotleur& manning ��P f Glen Welders 6i Associates,LLC planning Environmental Consulting crapnic Design 4- 349 Knollwood Drove Anderson,SC 19615 3950 RCA Blvd.,Suite 5000 Palm Beach Gardens,Fl Hearing J pit F1Td 33448 anal �f scnLE.,m ]u34 C Commerce lone Suite 1 7-6336 Fax 747-1377 gFi4-357.2+C26 FAx 864 314 5fxy2 REVISION 4:17:0 &non.AX'A.: REVISION 0414 Os VI Z a) sr O 1.-6.. _24�' 003„ L2'-4' ; i'-o^ I �.W..� �d 0,-3" ,I " ... Z..er— — a.b O R1H[Reducm30' �.�,.a. .--c--- • 1_9" Bai8".t......r.s ~ Architect:rc CChem: A Environmental Graphic Design: °1"wIS`'`"11ji 4/05/"" John C. Bills Properties e•' Cotleur& t+.�wwwrecte.e Glen Welden St Associates,LLC DATE'04 WS 3b N m�Iq 4•IfOnme^dl Consulting Graphic Design 49 Knoll wood Drive/�ctsm,S�.2962$ ups,\7 Hearing �, 3485617 v433&26 FAX 864.313-8602 3950 RCA Blvd.,Suite 5000 Palm Beach Gardens,Fl • nand.334 a 561-747fi336 Fax 747-13]) l It 4f aol" REVISION.S Pr i Street Signage Program S ngle Blade/Stop Combo Double Blade/Stop Combo DOT Panel Only._ 1 !WHITE 1 I MAI'L.n?W GLns Primary supplier for all street signage components to be Ornamental Post,Panel&Traffic Control Ti 410..-- 4'41" 40 ,TI 41_Q" if I 2'-6" (www.opptc.com)located in Pineville NC 800-779-7947. 2 III PMS 415-C Trim 1 Street Signage Specifications: 1)Typical,All Units:SP46 4"square tube aluminum (,_% 3 PMS 420-C Trim 2 support column with 6"square tube base and cast 1 post treatments,as shown with Sf30 finials. - BLACK White Powder Coated finish. t� El I N O R T H C O R P BLVD 4 MAP 4220451'Gloss I. All units installed 36"below grade with 4"formed concrete cap above grade to prevent damage from Ell. NO R T H C 0 R P BLVD 0 lawn service/maintainence. / 0 ® A B Patina 2)All traffic control panels to be reflective DOT grade ,/ \ 7 unless otherwise specified by County/Municipal Code. /% \` /t \7\ �f� \,\ C Nouveua Patina ZU All Street Blades to be extruded type. CZ 3)All Street Blade holders to be PBH 48 type powder STOP STOP J STOP to coated with extruded blade to slip into frame of PBH 48. \\ // \\ \ /7/ D Textured Finish All blade holders to be thru bolted using non-ferrous type _ _ hardware. \` \� d, an. _ 0 4)Logo Icon Blade portion to house decorative logo icon. "M-.M '''-'' I STOP ISTOP Logo icon to feature an aluminum back panel with a O computer cut image of HERON and inset border applied A"r°°' DA Alumm e4-44 ` to back panel.Finished in program colors. v 5)DOT Sign Backer Options: (....r a) Option A)Flat powder coated aluminum.125"thick aluminum +r al backers with DOT sign panel applied over,all thru bolted. 7�-0" �-t = = I—=1 _ 1 I R,rm atone Kra.le 4' O OF T plilal BLADE MOLDERS ,^ Y h i �"— Concrem fill PaH 9- X ae- F*s P' F—+ • 35"below grade 4 rcJ n,pnxl ro Ix, m rwwL O x' mil SF3O SF3P SF30 1DC F-t Bail II,;At. Cr,�J Le.eted 12^ U Beveled 1 Client: ArJure Environmental Graphic Design: IRAAISGCBILLS/GI/052,A- John C. Bills Properties Ow Cotleur& Landscape Architecture ,k,1ul, ,i . Glen Welders&Associates,LLC DATE 04E4 iki Planning Environmental Consulting Graphic Design 349 Knoliw,.d Chive Anderson.SC 29625 3950 RCA Blvd.,Suite 5000 Palm Beach Gardens,Fl 13it Commerce 345 561-t Hearing 193 err,Florida Lane Suite 1 7-6316 Fax 747-1377 864-;1'8726 FAX 864-314-8602 REVISION.4.2714', __ _ deagmGW'A.n.n d.a en REVISION.:5 iF 1 i • . 44. . .. •, �. f• +�: i,•� Cotleur • •• Y,c .�. "�,. Hearing •• • M. 4 le • ei •• • r •i 1... w'.., w ` sai-7n.zaes r...7m 3r, •{ r . '• 'i • • • . ` • �w r• At 0•.• 1- „ V• k' 7r `•'at•• 4. .w ; r(, _•:1 ,_•• 0.�yy by t `-' * r• y .' IC r'. / ' <' 3910.. . 04 Il ' F 3920 "' r• •. ' !r . $I ,•� r , s - 4200 , � .. .. •_ ! .+ . 4, `t''``,1` I1� ' :' Or 1 Cotleur .. t , 1 1 . = Hearing 1a ±p� \ / ascapa Ntivin Pitrinng - 1 � �\: i c. �a J 1 Suite careame acne •1 / T _ •f ' .. /�, -` JuGibr Poke 33156 _ \ �y, \ . !A � � .11 \ \ 1 .. 1 561.741.6336 Far 71]1377 lt ■ .- � v� - 1 1 ' /y`yy " =t. { I. f .\ '4' .i ' r.\3, 1 ,:\ /ry a'c`v"Ii; h i' 0 _ �` I s 1 T.M a y a s3.i � f V , i IJ J j - , , i:n _ • •• V'' `Z id ! ..iE►vF n ...:u� -- 4,1111.,,' y�r ,!^.rs+ •rr _op, mwwgry,d{Md1nalit,"61 ',04.11 1. - l _ 0. r� a _,....1141,01 k/ /At t• ti �1• � . `�{ � a .•• -' / _ - •_.Y'� - rte; ;', ,,-,' ---. --•'1,,, 119..44.U.,- X..,.--:, ;-.:,`..i,;',',,--'!,,,$0.4.-', _. .. ',,r.'.1*:::,!- _.., . . 15' Northcorp monument sign along 1-95 in Palm Beach Gardens . . NORTHCORP CORPORATE PARK Pa/rn Beach Gardens, Florida IDENTITY ENHANCEMENT& SiGNAGE PROGRAM 1 10 --:,- _- 1 _ i..... ahl.,1, .9 4.4.11., • • Is • 525 l ma se t ft t ' \ s \,_'---, —•" r -- '\. = • \ %-, -<--- • =k \I.,\ r:)'-'-`4 ,.!, : ' 'X"\----- - ( _ ;__, \ 11'.....-•t.\..i\\i\c-'c•,-\:7 ,---. ..,.\i„r a 25 w-_-.':i,,,rv,'r.l44*_o,•d-to$$.$w,---$-$ I_,„:.i t 1 - 4: : t i1. A” . • . 4 _■„,._....,-, , ,„ '-',/-"..4 • litl•W ,, la •.1' ' - ' '"-,-- - ,L r • . ".-=.:2, ttlii '':.• - ' *. i '*.i' '-=- j • . 1-95 N' ft : PREPARED 8Y: , , % , , z, r- ..:, •-• .• \ SHEET SCHEDULE: i..... ,:-, 1__ ,,,,, ,,, c----_ .41.,. .,___,_ le Landscape Architecture \ Planning Environmental Consulting ,..--- or , , : 6• . COVER SHEET OVERALL SIGN LOCATION SHEET CP OF 11 SHEET 1 OF 11 Graphic Design It Cotleur a%Crnmerce La^. on/of aim,,,,„ SITE PLAN/ L4NOSCAPE SHEET 2-10 OF 1 1 : - atil GaV34N-SIGN LOCATIONS Hearing tv7477gan47 1377 April 09 2009 1/12)V 47, LANDSCAPE DETA/LS SHEET 11 OF 1/ 13S7eC7, 7i1 ti:1"..';■ ,e AND NOTES L\.,i‘Ov•-- =C C = - j 0 - B --_— '\ ( -- tl ur B : Hearring n c; KEY �„„., A-1 15'ICON MONUMENT h�D"", ✓ 7 i C" , . A-2 15'ICON MONUMENT e�58 61.7'.6336]x58 i ss\iaiw Far 747\an - °° 7\ B LARGE DIRECTIONAL SIGN C 0 �-- %` ° \ C SMALL ADDRESS MARKER Es cc 7 I J D EXISTING DIRECTIONAL SIGN TYPE EXISTING PROPOSED ;�� o Q ` ,-- A-1 0 1 �i \--- �s A-2 0 1 1 �\ B 0 5 Q CIl ,_ , ^ ' e 1, C 0 75 Q �, C �`Sq _ . D 5* 0 C4O D - *EXISTING DIRECTIONAL SIGNS TO e k B � gym,.. �`', B �?, 1 BE REMOVED V ,�✓P:�■.- Imo, cI A 1 -) 0 M ? 0. Sri r ,l _� j 1 -- a � - I r 1 i Q j �, J I] ii ✓> ( I s; 1 NOTE:Specific sign locations to be determined after review by staff. POP MYNA 01.9/A r = ,� All signage to be adjusted to avoid CAM 06-02.4 REVISMS .P-PPP. OPPCAA OP C ' J C = ,i `�, conflict with utilities. OVERALL SIGN LOCATION PLAN __- \ III KEYMAP \\ rr rl 10 rrr7•rr i Hearing �, rr Rs g � ., i I DI.IMPROVED Land.EeA,INA un 1_L[1T 4),.t I 'Si TURN RIGHTSIGN y ji',I Gra,wc IT•tt. 8 �ewmo•dv Se.......,......- 1934 Commerce lane /.' EXISTING •• �R ,''>1 EXISTING 4"1. ', ,w 1 = PARKING ` Flo.3308 i SIDEWALK +`678338 Fu-74]-1]]1 /. EXISTING ((''1f�� c i, a 4 . SIDEWPLK - nY _ L EXISTING i = ! SIDEWALK •4:� EX IMPROVED V •GNr LANE MUST- ...„1 ! i 1-, - TURN RIGHT SIGN - EXISTING I PARKING r �� `1 Q aI ME 4G•i \•• z Lzi.., z K ® i 0(-"' z O qj • V •. i- ,, PARKING (/22jj •DE k E.C. .'— - K II UNALTERE4 j EASEMENT EX.VEfi - -. SIGN .. TO REMAIN r Q -.,_ , -12•FPI.EASEMENT _ ■ a � —� Lim' �! J `...i r /� `Z ■ 410 n•PROVED —f o, as s�ca -,,,:s LEGEND L\/ Q STOP SIGN ■W �,,; SIGN { • DIRECRDNAL O CO ENTRY .. , ae EX.IMPROVED • SIGN LOCATION ENVELOPE STOP SIGN .' -` _ T__ LOCATION ENSSLOPE (Q SMALL :y:, f t � • r 0. ' SIGN ADD RCA 801/LEI/ARV i T__. STOP r r.01141 _ '% OE OVERHEAD ELECTRIC SIX.UNALTERED EK IMPROVED ■it". - _ RI FIRE HYDRANT / STOP SIGN STOP SIGN $ (•: ..4.eca4 '., l - LP LIGHT POLE � SIGN DIMING 2 SMALL IX.UNALTERED UE UTILITY EASENINT '. SMA SOLDIER la-- r • ENTRY ADORES ALTERNATE STOP SIGN WL WATERLINE RA FORCEMAIN • ADDRESS SIGN SCULPTURE EXISTING a UNAIGN SMALL SAN SANITARY SEWER Ez IMPROVED e u i MONUMENT i a SE�]OND SID DRAINAGE I�i a w SPEED LIMIT SIGN STOP SIGN SIGN o STOP SIGN ADDRESS SIGN ` EXISTING ..4.e.a _IN • i • S �,.._ y I sSCH(2) `1 ENTRY. PROPOSED EXISTING .'- t- SIDEW�0 r slab. \i/0i iiil•ii■ii�* A ��1.' �r I a.SIGN TO ,.� PARKING ' • f : .'�ti ,-I BE REMOVED ,'j�: f I T .. .ems® '�.• �� ' � EXISTING 1 • DIRCCR , ,� -i - PARKING l' sT� r �� 1 �GN 1 � NOTE Specific sign locations to be• pry. se lelY oL I SIGN i .,:� i determined after review by staff. *IMMO OM Box i i All signage to be adjusted to avoid M:d. i F- snNC a EXISTING ,.,■,e SIDEWALK I PARKNG conflict with utilit es. ; SIGN LOCATION PLAN i_ IX.KEG, • _ EXISTING EXISNNG lrrrr�, rr TO REMAIN rirrrr rrr MEDwN f SIDEWALK �.....1.".:.1.1`..�.aM rd 1.9. 791 Ye CY 97 0 tiuTCyUNE TH/S •erriirlrrr] a sH •rrrrrrri Scale: -�wms _ ICEY_IIMA:.,.\"_,..19_..,..:.::___ _ ...,,t, . • A• IIIIii, 6E1' •'"' 1 ,••••"1 ,„,„i 51-4.,It. ■••1 I. ALTERNATE M.i'MB ENTRY sr, W••a•ill MI In. A*4 TC',.../ CHUN' ••w- OPTION FOR_ in -1111', -..al•SI '141/E-Sh• Of .0 SECOND SMALL -1 y,TrI,_.71:7w.:-:. - ;, :::'..--',.. 4:,-,--..-'1\''.-:.-_,:.;'-......;‘,,,,,,,,,,, . . al** ,,,,.*! ..• PR -.0°RDDADCRESSED smAu-SIGN AIM4 ' ._I . ' r - ,--,v EXISTING M.•1 ili 111 Hearing , ,- „ aeon • _- . ec vr-G.To ADDRESS SIGN(2) ,-*• ' r 1 • -,•*, --"--'I .-- .k-, PARKING --- -- „„—REMAIN,PINE,FAN ---- PALMS,Eft. ,. •••1111 lonescape Arclotecture Pam, '-:' ■ 'T-- 'V. \ Grarkm Design EAsi zEFmpELNT i I . ,iril ..- .EX'PARSTIKINNGG •-;-_-'--- EXISTING -- -- • i EXISTING A-----).---- .., .7:1;.:ESIDGNIREC11:NAL IP T----_-• I ..., 11'../X * 114B■ /SIDEWALK *'1, IMPROVED --.. / i TO REMAIN . ii• - I r , . I-SIDEWALK . , -- 17 FPL REMOVED ■• „A-V.:,‘ --- i EASEMENT, ea, . , 04., \-. \ 1). v, BUS STOP -, - - ...___,,,..., ...Commerce Lane Suite 1 '-'' 4'.'' -7-`—‘ t6V-747 &717 1377• •,--• i '. •. ' \ '%. ^. a.FICUS A '.... SIGN -----._-._z TO REMAIN Tx. . lit,--... I r •- • . . . - 1 \ . /// EXISTING • ilt SIDEWALX `, • - I , • \ _ --- 4 il'• • . , • -. -*i I +.•' ,, c) • s _-; 4\4::,: ...•:°:. ., ■ .-- 'T gi •, - * . . SPEED IMPROVED ___ S D LIMIT SIGN „....- EXISTiNG -— I rn .1 T - ....-- EXISTING MEDIAN ‘• • .- it *— I I SIDEWALK •- • ' LAKE \ --- -Z- I \ -••••• c,) - . it%EXISTING :: 1 ; .. •-:- \ lt. \ , , ':--• • —1, _ Imo.PARKING r..."IrlII (:)". ; - , __ \ 1 1-1. ck I *.. - \ — 0 i . \ --- , ,, . • ■I-1• . I, I - . ....- • -ct, [—. I.. . LAKE \\ ... • • V 73. V. **•P• • • i . • f li , ,. ir, LINE I ---IR---4 --- _ / ' -PROPOSED <N. ,., _ • ENTRY ' /SMAU. -"' 1, = , • • .• • / ADDRESS \am) MI IM NM XII SG' \ . - I ,S ,.... 17 FPL • • I--• . .410* --- I :r.- • \ .' •. 7 EASEMENT s-- • • rk. ,..::, / // 17 FPL '., • ' ASE. 111, EXISTING •.m I. .„, .,,,. Itoml PARKING j LAKE / D L' • L Ex.FPI. • G '•• Im ,1_,! BOX ri ...., • \-_3 . .1-:1i \II'. , • , , • I EC.VEG. - 0 IV IMPROVED TO REMAIN'-„ .., •-P.LIMIT II • Ail/. , . - e A • -- . ''''''' -/ ../../ , :RoEN4r... ' REmAiNEx.vEG.'',-,1° ''' •' 4:- - -:- 4, NUMENT L.,, 40 A . . a • // )- • • ,./ H - •gi .• /: '<-/.. - - 4t--,,,) ,—, 1 1 ,. /7_, . 4•$4, El . ri • _4, _,_ ii-- -1-1 /- DESME0 mo 3T at Irv' -. NOTE:Specific sign locations to be EC VEG.TO .-- •MAIN PINE FAN EC UNALTERED APPROVE0 OW ---.1 PALMS,Erc STOP SIGN ,,,,,It • determined after review by staff. Ma maim .001.■ .. 06.61211 Acollnsfliiganawgitehtuotiblietieasdjusted to avoid .„, - „_,_0:„olio.. litimr-- n.,--- __ • . ,—) C.N. • SIGN LOCATION PLAN 0 ,00, 0.0 40 ow ea ....,', ( ••° • LAKE , --41•11 *1145 5FIEI1 . •11* 016f4 16000 II MII■ MIN. 0 . . . •comomomme or. Scale.I"=20 North -' ) , - I y ,a�y - .To •4:4.,„„"-.`, Hetaring REMAIN`I\ EXISTING _.._•4 • •ENTRY ) t"'°°®°n'a'n°c°"° N � c .:- EmbumrcmA Gmwmig MEDIAN -. - Greg Design ♦• PROPOSED SMALL 934 Ganaa.en Lana ADDRESS SIGN -.11--1111-----:•-', Suite 1 3�Pe..Ewin4334513 561.741-6330 F..-747-1377 ei..----,,,,,,, EXISTING _ -SIDEWALK . / EXISTING T ., EX. p�� ^SIDEWALK EXISTING //J_,,• STOPS EXISTING SPEED LAID '��1RY�i PARKING - ��� t/' BUS STOP SIGN - ������ , 1 2 / - EASEMENT -.:,_.- 4* ■, Et.[INHU YID ■■.■'�+ �• / //J/ IX.UNALTERED ,t__,.-^,-- 1z FPL REMAIN ro .- a -- • �, i- ,�i/�ti�ti 'STOP SIGN N STOP SIGN ` NORlyCORp pQR �Y `iS FPL EASEMENT EJDSTING // .•m r�� \ _ PROPOSED SMALL ""1 ^! �.. YrA?ODRES55[GN pl, •7.-r.''`""-^ �M�-w__ 1 EX.IMPROVED SIDEWALK .l`��MUST TURN RIGHT um\ 1 < -4,---.,_ l' l:f RIGHT SIGN -_..._„� ".�.�.__.__ . ) •• _ —__ `f_'� S 1 I, ��E `�/ po p J -- d- ".. - --. I. �'"=.v IT FPL EASEMENT EX.IMPROVED EXISTING - ' `1 '�i `1 I _ _- __ r ` I !4 RIGHT IANE MEDIAN `�� `IMPROVED 'ENTRY .. s y 1J 1���T -_'` RIGHT SIGN SIDEWALK IX STOP SIGN .5 EX. •IMPROVED /r EXISTING TQ� MUST TURN ryy G �l J r l STOP9G7R ' ,,,y� / .� ,.G ,,. Ir_-_f,c_1 i P j/_ T _ �__4 = t �� P�0. m O u.... � �r 17 hW7CNUNE-SNEET4 Co r �$• /� EXISTING - .(.�_ ® �� 0. SIDEWALK ♦!i 0 4•® /- •, ••• �� / i KEYMAP .�•r - `/ //EASEMENT a X \-,..,........ - ;>��, , 12'FPL ® / y/ T U.E.-\ -, \ T ice,. 1y,1, •`' )J/(f�_� EASEMENT // \ \ -`X# y. �it • EXISTING i f EC 913 /. �, _ \ I 5. ': •SIDEWALK NOTE:Specific sign locations to be ' y 4:• • / determined after review by staff. ,..1103. DebBle .� :' y I-A DUSTING • ,- 4 SIDEW \.°` All signage to be adjusted to avoid Yi `1 17 F\ conflict with utilities. 4 ,, EASEMENT S/GN LOCATION PLAN 1, . -- � ;- .' m• \\ �i / �4.s. .a 4 4.--.'1. I N./ �\ \ // ■ _ - -- :` 1 i■ sir 4 Scale:1"=20' North �!�'>�. . • MATCHUNE-SHEET.3 WE et 4101'- KEYMAP _, .--_ mu••••111111•1"'"_'''-'-- _ -_ 12'UE. WorliC 0• -L' \ .. MI Ult.a II Sal I,. 2-arild_\IS;Hus_w•Eir:-'3,4_-__:, I--- ' 1,7-frlir--'1:_a-„ -. _ EXISTING a 0. pile•son. -- " - 17-"*.s-",,,","."- .0-ti PARKING .-- ENTRY Cotleur 4 - , ' A.IN.m. .----<TADDRES --- ,--- \ 1 I''''' i -_, .,--- .SIGN .- Mt=MI i : 'Irli-.' . '"•),W.A Hearing , -- --, -----4----, A EXISTING _ Landscape Arc...lure ;SIDEWALK o- 1 -VA--- . •.r‘,1 -.. — m .',-• 1 a __- --- \ Z -..?'''6,66:-.■. •'''''' 1 Graph,les, -t'VN' • ---' \ 7_.,i7,,,,_-,,,• ./. ".....S.-.. --,..!/...%• 1934 Gernmeite Lam P -- , , — z-, _,_ \ -- • EXISTING -- PROPOSED I -' NI Suite 1 Jueue.needs 33■58 561-747.3.36 Fax4/7-1377 - -- CA • ----- ' -• . SIDEWALK \ ' -- SMALL_y - ENTRY --"•--. ' ---- " rt., — -- \ cr,, — \ , , •....- - , , , .-- ADDRESS -:-0._ _t- -- • , • EXISTING ' (II ;,.' . , ' SIDEWALK , 411111111111ENTRY \-EX.RAG/-.' ADSMALDRESS l' ' t '- POLE -. I - I .-----11- - - ' -A '- ,.1,_.11'--1 _.1- .—-V .•-"" - --,- .... • -.----.' ' — , •.,I .C:1/1 pROposE- 1 * SERVICE • IM ME ADDRESS - E7Y • II.t!--_ z 1 .--III Ns is m_pi 75 _ ------I I\ — -\II I 17 u LEGEA10 c4„ ,...., ,&.......,-../ ENTRY -SIGN "‹. — i 1 DIRECTIONAL ilk 'eS EXISTING \ --- k VS.- :1- \-- '_- ' I ....,.. SIGN LOCATION ENVELOPE' ,_.I... ..:. SwcAMALLT,ADDRESSoN ENvELSIopGEN EXISTING •-. i PARKING ---*\ X1 'iPk--...,,,c.L....i_,..-r.l ----Vt' 11::::::) i.rly. SIDEWALK----1----"'..■' ,-e-'r--- \ , - -'-'\ \ ' • ',.. I _. ' fl r . 'II. .---.-. •',C \ , ' .,..„-■ EXISTING 'I \" . rT1 - t'. V, -. - _ OE OVERHEAD ELECTRIC m..1 M. 4-44' -- ' -'-- - s I.- *..„ ,--,-.e,------\SIDEWALK - -- FH FIRE FIYDRANT I ,ik',-,,c, , ,,-., ,,,---_-_..- , , ._.,'e, \ IP LIGHT POLE EXISTING A___.-1--,Ig. -, Xi , EXISTING I .- , 'Y'' 1 ; 'I,. s ..,* s 1 \ \ "A• ) ',, .,-• \ UE UTILITY EASEMENT SIDEWALK. ..74,___1- t SIDEWALK ? \ WI WATERIJNE • Y \ \ ', \------\ \ - FM FORCEMAIN ),-:fr?' '• - •,-4, SAN SANITARY SEWER ,... • ,e ',, ,,,. \ ..„..---- _6. I \ , " SD DRAINAGE ...,..:„_, SIGI4, 1 ' I PARKING i EXISTING -------* , ---" ■ \ -'-‘., \ EX.UNALTERED ENTIY ARKING - - 1---'• ., ,_.______, , i pRopc!ism I i " - " '" STOP SIGN-\ \ • , EXISTING -4,--,, Am. EXISTING ....2,, - -' \' -\ PARKING ' ' mei .6 1 -lic,oc.A.-riEssoNsiscm. • : 1. ■ ..... K .,..-\ _, -.----t . - , t lab M B --I` io.FPL , INPFO:NED ' mr 1---- y-r, '',.--; '' . ., --- , . l' •\\I 1-ti, 1 .: 12'WATER,'.'.,.' , •'t.-,4510 1 ' P.=SIGN fr ._..,----- xi,1 6 .,s \ , 1 .;,. 1 _: .u.E. _,,-,--,.., ,- r-r Li 1, , . • ,--;' ' \ ' . ,..1---.,_. . 4 , i _i__, 10'UE. I-.',-.0 i • •,__I I I --- 1 -fr., ILI I • -4 '-42 EXISTING ,`-' 't--""\• I. 's*c__,'. \ \ \ •!, I--1."w---._r- --------1! t: 4 .-- '- ''''' 6 r -P.61,Ftle.NO -\ • ‘,---,!- -,„ k"*. ... ,f, . , ,,....: , H• L, I IMPROVED' I—'•'I4 ' SPA . ' ' 1 , ''t. I '—i- _sus§:roPl',-,-;4-4 = , ' ' ' ''',-- ‘(, , , 'I] --_- i . I • If•r" II In p, IMPROVED .I ' .. .._- -4 , ..----''.- ■ l'''-i - •1 1--- --:-1. 1 , I..t. SIGN NOTE:Specific sign locations to be • OM*. MUNN FP DIN , --, determined after review by staff. ....... ,,,,, .0....131 003.18 '.---. r .0 0.4146 Ei' C,47 00-0.7. - ' ENTRY so.--...”6- 0/7"6, .- - ,____ , All signage to be adjusted to avoid P.O. al.160111-1 , _ conflict with utilities. EXISTING *.- ,- - - PARKING . ''. ' - 1 • ,--- \ SIGN LOCATION PLAN , i _ - • a 0 li ENTRY 6 a'ill ill• 0 10. 20. no' -- - 6•a- SHE Er-a 1 Im i■ •0•• E-MIS a••••• MArcHum i - - 40 HEFT 5 .:, 1 I Scale*I"=20' North MATCHUNE-TN/S SHEET /CEYMAP P 4r W 0 IRY r Cotleur• I ; **V- r, `e' Hearing 1-1 1r•. .. ENTRY \ ,,55..�� He / � ,• 1 LmESr�.ARC A* MonnIna ♦ 1/ • PROPOSED i, .� - smmi ric — SMALL , .\ - - 686331 cu5 iablan y,- ® A., - ADORSB s .1 / ." ■ 10 UE C-- w r EXISTING // , n / E_ I ^I�-� SIDEWALK ~ / EXISTING SIDEWALK ••G EXISTING // `'•/ / q -.1-= PARKING 'Y' / _.1 EX. 10'U-E. ` IMPROVED ^ / 'T 1__-1 j ;.��-1 LZ 1 0. LIMIT SIGN -- Q I / LEGEND EXISTING ,�,'� EXISTING - ,/ ~ / / DIRECTIONAL O LOCATION ENVELOPE PARKING L- SIDEWALKS-' -� O ' i I 0. Ir 1 SMALL ADDRESS SIGN ^■ t/� �II i (Y 1--- LOCATION ENVELOPE `v, -J'- EXISTING OE OVERHEAD ELECTRIC q • -''j- PARKING - } _III 91 FIRE HYDRANT 0.i -i 1 LP LIGHT POLE ' 1 -- I UE UTILITY EASEMENT �r , ' I' :I.;._ 1 Al. WATERLINE } I. i SAN DRAINAGE V - - ' - 0Z 1 - .1 I i _ � LAKE c0 Ilk° SMALL , -1 '- ti. . /t.' - AIX EXISTING \ L - IMPROVED SIGN i - SIDEWALK �\ �Z - STOP SIGN �I I T-I�7 I r T ' PAW" '7 EXISTING EN7 I Y I SCULPTURE .- ONUMENT � _ SIGN MATCHUNE-THIS SHEET BURNS ROAD 11311743:1 E. NOTE:Specific sign locations to be PROM .1 determined after review by staff. ,. OW 011.0108 All signage to be adjusted to avoid conflict with utilities. ...I SIGN LOCATION PLAN OAEU 6c.F // Scale:1'=20' North -�..� ° 7y1st TCNL/NE-TH/S SHEET uNE SHEE:!1 •11 \ ■ .pfCN w� KEYMAP OEXISTINi. I ri ,1 .•aw 1\ \ s,_ p SIDEWALKI 1 `.•\ \ \' 1 �LI, --ry ------._L_ 1 \ \ -• " A Cotleur ENTRY- , \ .7 t 7r Y4C,', Hearing �.- p .1 k Pk., rrtd LwuWe�g Landscape Archneclure .FlRE \ . ,,,, 1- a�I,... Grad.... LINE \ �/ .5 - !'� 1 7•�• 1934 Comm.,lane L .� ®� a{ Sd�.Fwnae34se r` �_' <, �, �� \ • ., - 561.74763.'18 Fe•-777-1377 1 UF7' '—EX.HHYDRRAANNT \ . • \ ' a S.4ATK1N _ _ \ - i 'I _J 14 • - _-__ IP . \ _ , . __.�- \ �, . . \ ,./_„ i , _ • -PARKING n !l = _ - \ �A0 \ \ LEGEND [� Q t / 0 • \ `� • \1 DIRECTIONAL ^- ' ( �( \ _ \\ ,1 �� SIGN LOCATION ENVELOPE ^OC . -.. _ i I // /�) -\-• - `\, \\ _ \\ 1__, LOGTfO�NDENVELOPE O (/ / 1.. ' ` 1. OE OVERHEAD ELECTRIC ' (/ 2 1/ ".• rV � \ ']� EH FIRE HYDRANT V Z d \ POLE Q /'/ � - -:, at1NV \`1 \ ti.---. m \' NE WAATERLRLINNEEff7"EM ^I RI rORCEMAIN `A _/,i f�- 1 EXISTING \1\ ®A S` SAN DRAINAGE SEWER / `, _ •.: PNWNG \ . /A� - .,,-_ k4 l v 7/ / ,',1.----'- . W ®ems `, O fJ� / 'l EXISTING \ d� \• ;` SIDEWALK \ t r too \ 10. - \. ENTRY` ADDRESS \,_ SMALL -,:� 1 SIGN ENTRY _ •�\ I1 \ \. YY� SIDEWALK 1, I' 1111.111111.1.11 71.■ �� \ •���111111 - S SHEET ♦� N •• r oeaw e<.. �. NOTE:Specific sign locations to be e� r"■ - `� determined after review by staff. ...Si y4mF� �� All signage to be adjusted to avoid �,.,. a.oaaI OKIF 05.0.2.0I m5.` conflict with utilities. �6• LAKE SIGN LOCATION PLAN On IP Illllllllllll� f-0 SO Scale:1"=20' North ti?=`L-1 - E.rr 0 m 0 prCHUN001" sHeq.00 ' E �*•It Is� NiArc Hos • ••••11�!• *• i Cotleur EKISTING Hearing EXISTING : SIDEWALK • M EXISTING SIDEWALK wmrace wTn�c"re DRY • / SIDEWALK EnWmmmmmui VETENT/ON -• - �\ _• •$ ' cs r8aa swta o+c t ao re�mpa"Ronde v 51--747-6] E b- 1077'. ' ■ ENTRY SERVICE ENTRY _ �0 I • PARKING . ••'� v,110*�� • i • •sue ��. YARD X EX IMPROVED • - 00100 O /1r STOP SI 0•:- ,. ` 0 E END \ Q . 00 . P .� •/NCO:- _ •• b EX IMPROVED • ,0° - NOR 1. • ��' - : SPEED LIMIT SIB O Q���G i DETENTION \ _m � I et.. G DC IMPROVED 14 • W. `.`- r� '-- SPEED LIMIT SIGN \ 0,. EXISTING .• :-/ \ �� . SIDEWALK ..' • DRY �.,-1415 SHEEr \ DETENT/ON , .`ii i•mAle14'. . \ *'.. 7c. d KEYMAP 1\ mac r T 1 • A j 1\ �a LEGEND 1 •_ DIRECTIONAL \ +,) NOTE:Specific sign locations to be ,.-�• SIGN LOCATION ENVELOPE \ ♦ I� g aw ' I1 + ;-- \ * --- determined after review by staff. 1 ,�' I SMALL ADDRESS SIGN -; �- aAn� D� \ 1111- . All signage to be adjusted to avoid MIMS OHO. DE WEAHEADEECTRIC \ ,' .��� confictwithutilities. s SIGN LOCATION PLAN ��, uclrPO \ ..0.�EErb LP\ , UE UTNTYEASEMENT E A' WL WATERLINE ..•....66T-CHUN l .� - FM FORCEMAIN 1• nV' ..., .-� �x. "� D 1 -- SAN SANITARY SEWER w u -- - =- SD DRAINAGE Scale:1"=20' North �,,...- - . . • EXISTING I \ ii_ PARKING _ _ -- -- • EXISTING SIDEWALK- \' \ Cotleur 111-,--TT--L-- T- -,-- - — -- . , ,. ,_. LI-E–Li._,E.1-1-J_L-L.L r_.L_T3_17,,L1-_FT:in-r-u-Ti-L-■-i-±T-11,-1-17-_r_dl-Liz-nui: Hearing ,...s.p.--- ,annop en.elmarnental Consulting 01 \ , ; 1.,.• ' -EC IMPROVED NO LEFT TURN SIGN .IMPROVED SPED UNIT SIGN ,f)• 4..)• BOULEVARD Ec 506:,*III in STING UNAL,.. EX. DL •NUMENT UNAL;'. UNAL m• • tSusu°11;4';-sank'd8 Fax51.7 1377 RCA B III SIGN SIGN SIGN SIGN ,._ • _ ,40......reanumurstalummuuss, No-re"Isliv-. \ EX.IMPROVED STOP SIGN/ • 404 •a \ • • II DRAINAGE RIGHT TURN ONLY SIGN • \ •••••••••••••••••••••••0. -\ A• • , II •. IIII • •••• • \ I* • is -II •011 .. EX.IMPROVED ,/ 1 KEYA/L4P _-. \ EXISTING \ , .II •• '. • SIGN - PARKING T1 \ \ ,:i',,,,,,i -,-)-__,';';'.-_---,' ck z • 1 % _..,_. ■ . \ T. Is DRAINAGE 1 \ •• EXI G \ \ ' ;ILO - I _ ti -sior,11, \ ', \ : ,....• \. \ 7:1 .• EXISTING 4., • - Mk Ii.. r‘ ...) 44 No%) \ . ,\ 'A 111 SIDEWALK ti-.- 1 \ -‘.`,,,,c:,}•„.r---',\.,,,..,'......,•-...,,k;53,..:■1. r. ‘ ti3 (COSTING • \ SIDEWALK - \ • 7 S • la, \ ' .vi et IMPROVED ...._a/-RIGHT LANE MUST •• TURN RIGHT SI -----'. \ 0 cr, 0 _._■cr, , i--LLI•52, \ \ EXISTING ....----------- ."..-\\ .7t, •IA -1..1 on • • •t. ‘L' .,us LI % \ .‘ °c)°- \ - 1 U3 0.. - . \\\\ ,-;"•'.1. • I --- ' wo c4o fg. 1 \.,\\ ,i';',.. , \ Cr■ . \ • - \--r/1 . I PROPOSED ---_-_- _ _\ , A . 9-c-i.ci M. ''''' . 7, ,,, A V-11, ... SMALL _- \____-- 1._ ". ADDREss ENTRY R.IMPROVED , PEDESIRLNI S e \ `,-- V., '-,l-7 ..•,,.---4...,g4i. Ale,if Fr '. •6_ _ _,__. . so __,, , SIGN(2) \ ADD..,.REss:. „4....wils ? , SNAIL • \\ . \'- . - 1 --4-a-‘40t \ ,■I C: 1 : - M M II -EX.UNALTERED -- -- \\ 26 28.- , ...] ,L• ENTRY /STOP SIGN ' ENTRY '.,•lit , LEGEND 7 D 1--ni. ' . IMPROVED ., .fak • I. (4. UNALTB1ED', • -- -, _ SPEED Ili EXISTING 0 ___-- ' " '0..... • .•SIGN 115 LIMIT SIGN •„,, Vii PARKING DIRECTIONAL ,. • \ .- (,..,) SIGN LOCATION ENVELOPE 0000 ....q1r, t,.li 111'\ f-'11 V-Ii pROPOSED EAsr is . ,--1 SMALL ADDRESS SIGN •10 • ', , -1101'\, \--.111 'DEPUTY MONUMENT I I LOCATION ENVELOPE 0-1 li,,..-ti -.. ' 11--.. u.- % \ I_ -„L la.‘ ,.. IA--, , • _A - \ ...• k • - - -1 \,. Its \\ OE OVERHEAD ELECTRIC EH FIRE HYDRANT ‘- • k.• ' -- • ' t.-_---• . 11'1::- T. \-.1t$ LP LIGHT POLE GE UTILITY EASEMENT , ■ •• ‘.i . •' kr \- • VA. WATERLINE I.-- Itt” —k 0.4a FM FORCEMAIN 0, "t1..,_ \,•1-$. , SAN SANITARY SEWER S \ , • ,,--• IP .0. ‘,..1111, 1 SD DRAINAGE • ,, ';,•• • 74 '',,•ill ---' •--i ,...- • - • 7 --• - ,-. ••'i, -:, • • :,_, 11- ,,,, \,.. • , • r-5 It DEWED MOM er , r'. • • 7'3 -•• \ NOTE:Specific sign locations to be IMMO , •'-4.. ',..-II ----- • I .Z.,. ' -0 EXISTING ....... 06.10 determined after review by staff. 06.01.01 _,_ .' 0 •' `.'.0 ‘• aa 11/ rf% \•Ii. SIDEWALK •\ moms PPPP .',. • • ' •• All signage to be adjusted to avoid P•17.011 Itis' 't-■0 %---II BESTING ■ SIDEWALK , • conflict with utilities. • ',, EY'l ‘, * SIDEWALK SIGN LOCATION PLAN EXISTING . ii SIDEWALK .,,,__. . l . .,. • •' •0 AO°1111111111 .11 - - • • ' •–-r . Iv • *• ' -411 50 ■ , . • 0,* .04(5 • • 011,,,,,NE- 0 •1117 EXISTING MET g IN t i 10.0„6,50 PARKING ii-10 ofC .. .■•1 ■ 0 1-041-1" ,a00 ■Ii■ i 0 ...— Scale:1"=20' North _al . . . KEYMAP Cotleur s, , Hearing i ___. - ' \,..s.,.1[!;_tr_-_7,.' _.-:.,, Landscape Millman -= -n. - -ExisnNc - ---- _ ___,_ _, __.1 ______ 2,_-1 ,,, __ ___.11 • PARKING •‘, a_ _ PARKING : ENTRY I H • \ .1---1.--:"•~. 4 GFFFN.Doorr -- -------- ---___ I I -- 19.3.7 Comma Lane • -FXSTING SIDEWALK • I -- I - ' I 1---; •--- -,--- I lir 1;L- _il II1711-11-1 r-7' I T i-, 11 I'liTIJ 11_11 1_1 LT I. ' II 561,474We Fox-7.7-1377 •--L''j-'-- . ‘''--.--- -,-_,_,._ v -- - - - - ./ 11 • , , PROPOSED . . . • . // f ENTRY II - II SMALL ADDRESS -L i,, --., SIGN 1.;,,-• ct IMPROVED •2)..▪''' , _---- --.r-___=.--,--=-' STOP OT AHEAD SIGN Ilk - -Fa - - RCA BOULEVARD h. •. ■.1. EC IMPROVED LIJ • SPEED LIMIT-\\ • k Mk c.q. PROPOSED PROPOSED ... _Irci LEGEND ck z pi ADDRESS SIGN 1. 2.I.• • r EXISTING SIDEWALK SIGN • ( 1 DIRECRONAL ot '', • ENTRY , \,.....2' SIGN LOCATION ENVELOPE . . . I • ' i• MI • • ' ' . . . . . • r--1 SMALL ADDRESS SIGN ••••••111111•1•••••••••' .. ‘'s ! ar - _LIEEECELE1=111=r-Erlia-7 a • , LOCATION ENVELOPE 1,__. .-•I ,r —11- it • I - 1 I I t.,„.,,,er,,,,,,,,A., I,,---- • OE OVF_RHEAD ELECTRIC 1 2416.110 ip : Di FIRE HYDPANT • EXISTING • LP SIGHT POLE I PARKING LIE UTILITY EASEMENT • III Il•MI a . I • I WI WATERLINE FORCEMAIN k ; SAN SANFIARY SEWER SD DRAINAGE ....) . --,, ,-- _, --- i-Efirtli -- —" — -- I i--i---‘' • -da-MI • I`'--.? I PARKING [ • • C-1 I I , _ k • iv/ 1 i7, • ',--, • Ir 111-4-51_ f_DIEL11-171_111111_11fIr T Ti 1__ni T_ _1_-1 f LT 7 i yr.LT]T-L-1,--r i]: El ENTRY '--- . • • • • 2 .. '...' II PROPOSED SIGN• 4,11 sr.w.i. ,,,,. ADDRESS DC.IMPROVEI NO O-TURN SIG !NCO SIGN II Z1.II Ulu k k.i. RCA BOULEVARD OM LAI ELL • Et.'.'n- ILC in 1.14 00-- • .... - NOTE:Specific sign locations to be MOM II -- , ,--. • woa7. OW ..1“11131 0041. 111- ----r--1 11=1111•11••••11111111111iIIIIIPIN' determined after review by staff. omen ....... 11----- • All signage to be adjusted to avoid DCISTING SIDEWALK conflict with utilities. • --• EXISTING • PARKING SIGN LOCATION PLAN .........,,,v0.-:-....v.:,,, o• IP lff 40 60. OW 40 1111 rkEeT 70 OF // scale:1•=2Q North . . . . LANDSCAPE SPECIFICATIONS GENERAL NOTES 0 ' kiel4f -/ Op / BACK KU ARCUR.007 841.114 Sewed. emaseeeseseesesreessempos ...AN zervcrrita MC..lazt,■S n■Crr rao TO.SI.ARE...711M.M.Opme.saw....FisruS.G PAO INSTALLIN4 RANT 'VAR 9.21 MC OW, All LANDSUPE WO.SHALL CCNEORM TEI THE REQUIREMENTS CF PA.DEPOI GARDE?.LANDSCAPE CODE 7.LANDSCAPE CONTRHTOR SMALL NOT MAKE ANy SUBS1771S1.70NS OR ClINGES WTI..7HE ALID-10P17,104 CF TME OMER MO INE LANDSCAPE AROCEF[r. TME LANDSCAPE CZNERKTDR SXAI.1.REVIEW 7.PROIECI CANNA.KIIIS M.VIM,THE LOGTION OF ALL VICEPPICAMO 1.1.7..1733 PR70a Tel CONSTALLT.AM3 MID A/m411..3. Cotleur v, / / PLANTING Mt&Man AIR POOTTS. mANTSPactmi pp a.,}.N.ampaarro 77.3.1....Cm nit cgmeNs...0.41,Re SwiL CO.P.SN TO STMGNO 0-017 R., ...e.m,....T.A.,,s,...,...,,m, LM■GER NOLAKTER FOR RENT RAILS OVER 7. 1,A=0"11%=ATMVPI=ItZeTr''''''.7''";1"'".''WT.' •• .4.7.6 oc.0 SM.TR7.ALL■yeal SYALL 11 PREM.,all.50.D.N.LTIN VIMP3u5,3.1.taNON,N0 PACE.CI..Aro !sea sees aeauswe No suds less Armee am a,are-,sc 7.3 A.NU'S PM NAN...Dv.N LXIFCPN Po Saf AM as gcorntre_nsce-e1 Landscape Nahasaure Penni, Deena-mental Coneee9 7!11111•1•0111 .0.le-' raphi Gc Design .RACE ROOT Ma AT(1311-CM Or PLANTING Alt On 1 DU Commerce Lane AN 131.11.1,0 Ma..4..14.11 swu Da mANsmAx-rm,mro A coxr.......arm m-mu DyrtylN, ..y A.m.NIALL pe Xr_475,wilippi A MP Puorrma ND wrrx A m......rio,,,,,,,ay...pica ID-,gqa.cp me mo. SUI.7 130.00P NE POP RIPP.1,00,11)NAN OVELOPED so'Wire ROM,..111.Pernik ITS swea mexan-24,.......',pa,. lupe,non.33458 561-747-6336 675-747-1377 SHRUB/GROUNDCOVER PLANTING DETAIL mare ea sa[ m cases ewe ILL Mr MEM.W.,.717.4..El MEM.1.7.111117 VE7074..4.3Mr 7.A 7 7 OME.O.L 11,..M.S....:6 NTS :====natan nee.ea.aeeer oF nuneckerre sdavene alOss ma.sirs ITS menu ars Fun oF n, ...Hi 7E,p.m pa Ifp.wag..E.NIA■,,,,,,,,pac‘e“,,,,,,,,.. F--r.rgo-nr--z,T:-tr-----."--,r--- n..mycy770N sysitm sxua a.epunpro*Trx A.....5“yon Dm px,r.■m AccamnAN=w,NA.ra mp 1.cr_AL IF.NNIens lAm..ET retipap,AppmemN OA epu.N.,21 rpm sox sx,.FrIsf Foupw.Roydleorrs.nrn vrrror..¢N,gm Fmosmows pm s .r!' /.-PLKEZU,BBER ISL.MAE AT ALL POIX7S OF RePTLIZES Mu aia AMU.AT 1.FDIDWPW P.M( Avorr sum 167-12 MASC.7.1-11 DI ow, ' 0•:V ;•' ., WIRE SPACED EQUAL DISTMKE AROUND TREE MOVE I CAL 1 .. . P D' '.* '/. -.' -TW15,11RB7OADILISI nuomsoA us7 ciAsi ApaN wax.S.4,F ARUM 713 au Prams A7 issrAilwriov AI A We o■.L.MI I Pii,■Or 71,Lim0Paea .--:- .'27/C.'iT. \ '-'-' "'':‘`.\.-..;■(';.,X;T., \ \•.., s.. /„.. ...4i,„ P......... 7,1).=.=./.PPE1/1009,POOT FUMED,IPLL arr.A nom-a..remise:now p.m mm aormyEn4AtwIN .,::,: .-,V../.:'.:--(,',;'..),-,.'-.'":,T,,, , c4,„ 7 ,,...d• ,P-,, T.,.„6T .-1.1011a.l."MON 71,1,313f 0.1X7111■11, CMH.L.E...7 M.07.417ELME MEM FEMIMA .''''•41144411fti.7,7 7 7'..'----- r,) ,f7144," '' .,,,..A MA-.. .• . V, -- Runt 9Uul.fF WATEMP AS IGKE.Aimv..7711.14 ROMS',EA NO7F10117011 FIIIR 1JAOSCAP I Mal117:Cr I`: 7- 1077,7'''„';',E,2 4.7,14>:.''-.. '-'-'-'-,LOW SHRUBS,'FG','ANN' 1. ..., .-OAC,IL,ROUND ROOT 0.1 WIN SIPP0M) • . . '16' '. ..#4...,, ,__,,,' ' . . , PLAUMN6.111/RE ELIMIWITE AM iCorral, Au.PLA..,....0 5...ER...ED ARON WAn NMAIAL Al TIME CF DIS,NIA7.- ,' TOTAL QTY:60 --',..,,,,,'; '.- ''...- .-,,...:. ..----• ' "",...r.'"="7474.7".;;Z T1=======217,r....Tr""""`" .,...?;:i;'.....,---'," .., .....,,,,, ,., ---q MED.ACCENT,AGAVE ..„, ...,--.--- ,....% . ..,:::,;-' ,,,, OR SIMILAR(2 PER SIGN) ---4?,,--'.. li -,.„.--,....,, TOTAL QTY:10 Kw..lop pAgs,...hav m ryar, , tj-' 111111,-- 1111111,-,,11, ,_ ill I %mat -111h. - 1.-6.LAM Oi CEFFACIED STAMM) OD NOT ALILM AM POOFTS 10 PAN IF.0.0.I1.11114 AY TKO SNALL M 902D 01 Ln11.19NG WM owID•IRI£INA .*. --.. MED.SHRUBS,'SW,'PLU' ca '.111L--.'- '=--',= 11,7.-Iii■ - swim.er nena sees ed.Pam os lox py,,,r,son.Ney-,... TOTAL QTY:100 1.4.• '`-' -7-7.,-Ft=7-ffiprif■=-7' R.NUS r RN SEITAGLAMOF CENMETEII STAKYAD PlAN71N6 RCIT.INE.ilMNING MT MC. SMALL BE nY.1.D1ANEEEP OF ROOT RAU RE LMOSCAPE,CarthROR S.J.A7 ALL-MOS aar•Tif MM..ERN PimApyal.A17170 NAI.M.5,0,1 MMUS CWSED en MS VAPPit SPECIMEN PALM k :2 maw.,opus.masappteetZtm,a7-r m.A4T conTAne%Alt.eplemmr my 1.maxcr gm , yrog...LET.pr 17.R mxp,Ix LAM3SLAsa°MCI.9,41.1101INIMELOYMNE APPrrl 3,r In...,•WA ANK-Cr[m.my BISMARK OR SIMILAR 5. LARGETREE PLANTING DETAIL M3411.14T r1110.0121014MITEMIANCO.TAILE Re nif MO..MOVER OR 0.011 REMEENNATIN Walt Pa7.1.n■ NTS DIRECTIONAL SIGN LANDSCAPE DETAIL ACCEPTAME DI MT.RION T.la LANO.-AM.7.7“7.AT 1.IINECFC(P..t.grEP.M.,.MIN...ID SIA‘l ca.m.m.mN.a■PIALS M.D.AN1 MED WA..MSS PERM SHALL OF PPCMPrI,REMJCED.rx SPFDPINS MO mxr REmNima■ naQulAaNETTS Cr113)KM 014 RE ER.I.S.RE LONP.r.OTVITACIOIESIIAN:7rte MID PES961112 ramer.an Ems% ransom wo oneness.mm.7 Mara UrnalleeCNOInCee t‘Cer/NCS Mae uelSas nerne.eserert Warne i-LOW SHRUBS,'FG','SAV I AL,urn,up NArquA,F.As.,.....,..,,,,,,gan,A7 m sa,Q.R.I,my.,77,,,,I=,,n.ag7......7/....... / OR SIMILAR(5 PER SIGN) PALK RT.ROME TOWNER WON DE.ARABLE 17..m.p VEGETA.N.as.31.As ALL 771,05,1,1 7,mg...cF,rmyroN.a co ER=Von.I.MVERN,SIN.Laa pocusaap b. --'' z----54,4,-P-- -----/NINE(MINIMUM.FRC.S, En.aE r.A C.NIMTE M NA7 O A-C6 R PS M S a0.p TNo.7 m114 o NmU..T.F Ncccoaoy n pcesR;enga roalr 7;INvIMaS n Ne M s e SE T w ee•suarns roma cearrocenes „p;, ; TOTAL QTY:125 - 4 -DECORATIVE GRAVEL AVEL WI ,, (T. '...-4,.4 ALUMINUM EDGING OR TJ' =,..'"=.7.,.,77-'"...====.,..'===."''''''''''' ,,-.... .1.f..• TOTAL QTY:95 .11411 mum Iltaa 1.0 AFYON eM•KNO PR/No,maim Itallp.N,Lope mon.Carr Snlrn.PE PO Wr ref7IF Mar 7.1 EY.Immo.. CO PM AMP.A■0■113•01,VASA ,,:\-,I:A. .1 LOY NOV./.PI PaNIVICE WIT II1E STOP.[MILS ImEMAIIIV WPM RJr... r;,'-.e,' useammerm MT. rt,: S-Frr7.1W VAX°&WEN,DO MOE NAIL&MFRS TO PAI.K.1041.OF PA7TE.Ma.SE LCCA1FD IN tra/ft[Naomi To I-ya rs'DR=7 OF 112 WS OP TAINEPS:,I■MtetTiver.SIMUcari A40 ragEm. SMALL ADDRESS SIGN LANDSCAPE DETAIL '3 , RELMEN TO INE NM di OE 7.PALN FoRmicuAn 'L 2 f YV /- .4111, V MORN 3.:A-moo ea..eau m RE MAR PARMA ROOT OINN2.1 M.O.,arm.ounstm.wee mon.arrsarnse ed mar sane ocse leg.ne.ce . ,voi Z MalLE0 TO V0,30 BATTEIS ............... PLANT LIST '; r mup_Q, Looses means Interlaces'''.see wee mem,.we.seassame saxes seom err slm 1117NOGAL V. co.,.Nprg stgalcAT.N ;AM, 1.,/k 1--A.ZIATITMIFZIZE.C'"""''''''''''' =LIM AS.ClI,Z,11171.11CTO.016 1.2.5 44 plOt4.1 TO:yaw„Smieff IC 0,007.alOmCraA0.1...„.V ELIMPTI.ra SPEW.P.s - ■ DR INEMARODA NOM.=N. MONK PALM S.CT,1047.0 MINX ADM Aunt pupa pomp tita_mypta,SM.,BIN/OLNECEIN raFmAnt OR SaNYR Pm=mom[(MDT..N.,....A7 7.,,,,..7-,pwrose monymoapArs mm...am_[MNOR AS INEIN1 MA.. 0.MAIM.umm, P.M/aCCD. A6 AN.ATTEXURTA PLANT ,„Ar AINNALSr......„.....„.... ....S.A.R.,./P.PDON,F..WIER 'IJI*14*15' -' some:see me stoma.neer ass aee es escsee emcee ass nes nes e ease reransuaers ..... N, I mumedepy..... MAPLE,6LE ARVIi0 Laces need.so seer=ma iesosr.rx,,r:ena:MCSIdea Mere at Pear.eneeinaaSse Elassalle.41. SY/ SCM[PRZRA AMMO.VANE.. OMEN VMM.MD30.77MA .Y 0,'MOM,177.■TO37 ..m..y. P. TIP TRACI4LOSPERMAM lASMEK1101317NAPP P..001.7COMTE 1.7.17. .7.r DC NO Mryt,FULL see wheels eaeaca .-=n II Sel.e...... ..'I_. ftma ecor eou at s.a.v..rc.nava MDR=SOIL AT 171I WI a AMICalMMELY la US.PLR IPA 53.SMNORFATILER We ne AMTOPea9K MASS PatiNi NI OR SMAR OW 4601.08 -'-. 1101a1-11111- 11r1 411_r'' ''''''''''''' ...............Ouggumloorsnosm'immppoplampwriTT.Le FAN faR71132E PAN.me.N.CON Wens ss ....7.:01.4.•.1.7111.ER PI1131...T Or 113rsal MIAELIPMEOUS ."... .4.08 0.074777 , MOT.Ci PALM IN MAIN 70 SOUK,MRSERV LAY SOO SralPS NITM 1.171011:5,00=MN.,sr..SnUM TR..Irma POOVICEM.CIrSEa....0191.711% ORCENA77,2 MAIM W/ALIJIVAN SAM 9MELOE0 MAO/ 7,3;L'IZ -N-PLC!ROM WI AT(101T.Of KANTIXG PIT. SMIO/IMAM POLL.SOF LRanty ma,WATER 11.1CROLEXL■wan...pea...we PmEnATRY ATM'LAMM 5,...usayq.. AS MEMO PO REPA.s.opsnucnox swum oc ocenCree camera Pewees •ere.0..ed176 Pane.Se.IN ROMA Ad - MINIUM .K.,b,. ...,,,,........., ...PUNTED AT ICON MCWOMENT RI LAREF16. PALM PLANTING DETAIL ' ' "',114=',.," `....°--......'"""." ° '''' NTS E . AND NOTES ..,,,. , ....,...,......-........_,..,r,.................T. .s#7-_:-.7fL------.2_. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 4, 2009 Resolution 54, 2009 Subject/Agenda Item: Resolution 54, 2009: To Support the Amtrak/Florida East Coast (FEC) Corridor Project as part of Florida's Economic Stimulus Plan Consideration of Approval: A request by the Treasure Coast Regional Planning Council (TCRPC) to prioritize the Amtrak/Florida East Coast (FEC) Corridor Project as part of Florida's Economic Stimulus Plan. TCRPC is encouraging all local governments to support this Resolution to present to Governor Crist, and Florida Department of Transportation Secretary Kopelousos. [X] Recommendation to APPROVE with conditions [ ] Recommendation to deny Reviewed by: Originating Dept.: FINANCE: N/A City Council Action: Growth Management: [ ]Rec.approval Project *[z Costs: $ NA [ ] Rec.app.w/conds. City Attorney:Attorne Manager 1`1�_ Total [ ]Rec.Denial Nilsa C.Zacarias,AICP [ ] Continued to: $ NA R. Max Lohman,Esq. Current FY Growt Management Advertised: N/A Funding Source: Attachments: Ad. ' trator: • Resolution 54,2009 Date: Paper [ ] Operating Kara L. rwin, AICP [X] Other NA [X]Not Required - Approved by: City Manager: I Budget Acct.#: --(481M• N/A parties: N/A [ ]Notified Ronald M. Ferris , [X]Not Required Fox rams-, f¢rznt s, Meeting Date: June 4,2009 Resolution 54,2009 Background In early 2000, Amtrak, Florida East Coast Railway (FEC), the Florida Department of Transportation (FDOT) and regional authorities agreed to a service concept to reintroduce passenger rail along Florida's east coast on the FEC Corridor. Thirteen preliminary station locations, primarily in downtowns, were identified between Jacksonville and West Palm Beach, including Stuart, Fort Pierce, and Vero Beach. The new Amtrak long-distance service was anticipated to utilize existing FEC tracks, with limited additional track sidings as needed. An interconnection in West Palm Beach between the FEC and Chessie-Seaboard (CSX) tracks would be required to accomplish Amtrak service south to Miami. This general alignment is included in the 2006 Florida Rail Plan, which was developed by the FDOT, as a potential "East Coast Route"for long distance and new corridor rail service. Negotiations were nearly completed between Amtrak, FDOT, and the FEC. However, in 2002, the Federal government directed Amtrak to suspend negotiations pending revisions to Amtrak's budget and debt structure. In 2008, Amtrak's budget was nearly doubled to $13 Billion over five years (2009 through 2014), allowing the carrier to better expand its operations. The January 2009 Economic Stimulus legislation directs an additional $8 Billion to states specifically to develop new corridor and long distance services and is being acted upon by states across the country. Intercity Rail Component of the FEC Corridor Project The Amtrak/FEC Corridor project (Jacksonville to Miami) could be an appropriate project for the State of Florida to request as part of the Federal Economic Stimulus package termed the "American Recovery and Reinvestment Plan". The long distance and intercity corridor service would complement on-going efforts in southeastern Florida, such as the current Tri-Rail service or potential new service to be recommended by the South Florida East Coast Corridor(SFECC) Study. The SFECC Study is evaluating new service in the 85-mile FEC segment in Palm Beach, Broward, and Miami-Dade counties. The City of Palm Beach Gardens hosted a community based charrette related to this initiative in March 2009. The charrette was conducted by the Treasure Coast Regional Planning Council (TCRPC). The cost to carry out the Amtrak/FEC Corridor Project is estimated to be approximately $100 Million. It should be noted that an Amtrak project would compete for a different source of Federal funding than either Tri-Rail or the SFECC project (Federal Railroad Administration funding versus Federal Transit Administration funding). Further, a Jacksonville/Miami Amtrak project would likely include an interconnection between the FEC and CSX tracks in Palm Beach County, which could shift this capital expense away from a future SFECC recommended service, thereby improving the cost/benefit ratio for a Palm Beach/Miami FEC service. Proposed Resolution 54,2009 The purpose of Resolution 54, 2009 is to support the inclusion of the Intercity Rail component of 2 Meeting Date: June 4,2009 Resolution 54,2009 the FEC Corridor Project (from Jacksonville to Miami) as part of Florida's Economic Stimulus Plan. The project would enable Amtrak to operate passenger train service on the FEC Corridor between Jacksonville and Miami. Finally, the Treasure Coast Regional Planning Council (TCRPC) is encouraging all local governments to support a resolution to prioritize the Amtrak/FEC Corridor Project as part of the Federal Economic Stimulus package for the State of Florida. TCRPC's Strategic Regional Policy Plan supports the creation of a balanced and integrated transportation system, with strong emphasis on a regional mass transit system. Staff Recommendation Staff is recommending approval of Resolution 54, 2009. 3 1 RESOLUTION 54, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REQUESTING THE ASSISTANCE OF 6 GOVERNOR CRIST AND THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITIZE 8 THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDOR 9 PROJECT (FROM JACKSONVILLE TO MIAMI) AS PART OF THE 10 FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF 11 FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 12 PURPOSES. 13 14 15 WHEREAS, the FEC corridor was historically operated as a passenger rail line 16 along Florida's East Coast, traversing or providing rail connections to urban areas like 17 Palm Beach County; and 18 19 WHEREAS, Florida's East Coast historically developed around train stations 20 along the FEC railroad; and 21 22 WHEREAS, local governments and the private sector along Florida's East Coast 23 are currently implementing programs to redevelop historic downtowns built around train 24 stations; and 25 26 WHEREAS, improved mobility is highly desired in Palm Beach Gardens and 27 throughout the State of Florida; and 28 29 WHEREAS, transit, including rail transit, is a key component of improved 30 mobility, especially between cities and throughout the Florida's East Coast; and 31 32 WHEREAS, the 2006 Florida Rail Plan identifies passenger transit along the 33 FEC corridor as a potential "Coastal Route" for new passenger rail service in the State 34 of Florida; and 35 36 WHEREAS, Amtrak is well-suited to provide passenger rail service along 37 Florida's East Coast; and 38 39 WHEREAS, the reintroduction of Amtrak service along Florida's East Coast 40 would provide near-term jobs and economic stimulus for Florida's residents and 41 businesses; and 42 43 WHEREAS, the Federal Government is seeking appropriate projects for inclusion 44 in the Federal economic stimulus package to provide immediate and near-term job 45 opportunities for projects; and 46 Resolution 54,2009 1 WHEREAS, the Intercity FEC Corridor Project (Jacksonville/Miami) is an 2 appropriate project for inclusion by the State of Florida in the American Recovery and 3 Reinvestment Plan; and 4 5 WHEREAS, former work by Amtrak and FDOT includes plans for the 6 improvements necessary to initiate Amtrak service on the FEC corridor; and 7 8 WHEREAS, the City Council has deemed approval of this Resolution to be in the 9 best interest of the citizens and residents of the City of Palm Beach Gardens. 10 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 13 OF PALM BEACH GARDENS, FLORIDA that: 14 15 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 16 17 SECTION 2. The City Council requests the assistance of Governor Crist and 18 FDOT Secretary Kopelousos to prioritize the Amtrak/FEC Corridor Project (from 19 Jacksonville to Miami) as part of the Federal economic stimulus package for the State of 20 Florida. 21 22 SECTION 3. This Resolution shall become effective immediately upon adoption. 23 24 25 (The remainder of this page left intentionally blank) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2 Resolution 54, 2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 Joseph R. Russo, Mayor 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, CMC, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 BY: 21 R. Max Lohman, City Attorney 22 23 24 25 VOTE: AYE NAY ABSENT 26 27 MAYOR RUSSO 28 29 VICE MAYOR LEVY 30 31 COUNCILMEMBER JABLIN 32 33 COUNCILMEMBER BARNETT 34 35 COUNCILMEMBER PREMUROSO 36 37 38 39 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\resolution 54 2009-supporting Amtrak.doc 3 p M CITY OF PALM BEACH GARDENS MEMORANDUM bk. TO: Mayor and City Council Members THRU: Ron Ferris, City Manager DATE: May 27, 2009 - FROM: Kara L. Irwin, Growth Management Administrator SUBJECT: Special Events, Outdoor Seating, and Temporary Signs CC: Stacy Rundle, Assistant City Manager Jack Doughney,Assistant City Manager Patricia Snider, CMC,City Clerk As requested by City Council, staff has made efforts to get input from the Northern Palm Beach County Chamber of Commerce (Chamber) and the PGA Corridor Association (Association) concerning complaints from both the business community and residents regarding Temporary Signage, Outdoor Seating, and Special Events Code Regulations. City Staff met with the organizations on the following dates: • On November 19, 2008, staff had their first meeting with the Chamber's new President, Nicole Christenson, and representatives from the Association to discuss the issues. • On January 13, 2009, staff met with Steve Mathison, a representative of the Association to provide code sections and information for the Association to discuss at its next Board meeting. • On February 9, 2009, staff had a follow-up meeting with members of the Association to discuss the issues and get initial input. • On March 13, 2009, staff met with the Chamber's Government Affairs Committee to give a presentation on the issues and request input from the members. • On April 3, 2009, the Chamber's Government Affairs Committee met to discuss the information in order to provide staff input. • On May 20, 2009, staff met with the Association representatives to discuss proposed changes to the City's Land Development Regulations regarding Special Events, Outdoor Seating, and Temporary Signage. To date, staff has received input from the Association, who coordinated with the Chamber's Government Affairs Committee, to propose several changes to the City's Land Development Regulations. Staff has provided those comments, as well as background information and recommendations. Memo to City Council Special Events,Outdoor Seating,and Temporary Signage May 27,2009 Page 2 of 4 Section 78-187, Special Events Discussions with the Association/Chamber generated the following comments: • Definition of "Special Events" —the Association/Chamber expressed a desire to redefine and clarify the definition of a special event and have specific criteria for defining a special event that requires a permit. The Association/Chamber is requesting to clarify that "special events" are events that require offsite parking or special traffic management due to the size of the event. The Association/Chamber also expressed the desire to provide a definition for "Routine commercial event," which will not require a special event permit. • Number of events — the business community is requesting to increase the maximum number of events per year that a commercial/office plaza is permitted before requesting approval from City Council. The general consensus is that the events help generate business for tenants and are necessary to maintain the viability of a commercial development. Proposed Code Amendments to Number of Special Events Regulation Current Code—Number Proposed — Number of Notes of Events _ Events Total per applicant per 3 8 Total location Total per tenant— non- 3 6 transferable Total for commercial plazas with less than 10 5 8 tenants—events not to exceed overall Total for commercial plazas with 11 or more 10 12 tenants—events not to exceed overall Anchor tenants Anchor tenants will be permitted an additional amended to number in excess of 3 6 Plaza/Development total Management* *A special event management plan will be required by an applicant for multiple events within one calendar year. • Event signage- the business community recommended adding a separate provision for temporary banner signage for promotional occurrences that are not special events. Currently, many applications for special events are only applying to get banner signage, so the Association/Chamber is proposing to remove the banner language from the special event code and add it to the temporary signage code. The business community proposed to moderate banners through control of tenants by the property owners association. • Vendors — Within the past year, staff has rejected requests for events that included vendors that intended to sell items as part of a special event. The business community requested clarification on whether or not vendors were prohibited as a part of a special event. • A display of cars, boats, or recreational vehicles - Within the past year, staff has rejected applications to display cars or boats that are for sale during a special event. The business Memo to City Council Special Events,Outdoor Seating,and Temporary Signage May 27,2009 Page 3 of 4 community requested clarification on whether or not displays of vehicles or watercrafts for sale are prohibited as a part of a special event. Background The Code does define a special event, but many applicants use the special event process for events that technically do not require a permit. Currently, a permitted special event is allowed to have a banner advertising the event, which is not allowed as a temporary sign for any other purpose in the City, so business owners apply for a special event just to have a banner for advertisement purposes. New businesses desire to use banners for grand openings or special events, but do not intend to have an event that "substantially inhibits the usual flow of pedestrian or vehicular traffic," as defined in the Code as a "Special event". Staff feels strongly that special events and banner signage should be separated, and the issues dealt with separately. Section 78-290, Temporary Signage Discussions with the Association/Chamber generated the following comments: • Leasing signs- The Association/Chamber expressed a division over the proliferation of leasing signage, but majority requested that the proposed change required a uniform design and quality standard that would be limited in duration by a permit. • Duration of temporary signage —the Association/Chamber expressed a concern that duration of the temporary sign needed to be standardized with a termination date. • Banners- clarify language and possibly have a separate section for banners outside of special events criteria • Sign locations — spoke about allowing commercial projects to add a leasing agent and number to already existing monument sign in the base area of the sign in lieu of the temporary leasing/rent signage. Background The Code permits leasing/rent temporary signage for any building that has vacant space, so technically a temporary sign can be up for an indefinite period of time, which is contrary to the nature of "temporary signage". The Association/Chamber is requesting that the Code be amended to include a limitation on the duration, as well as uniform design standards for the signage that permits individual management/realtor logos or design. Section 78-191, Outdoor seating Discussions with the Association/Chamber generated the following comments: • Screening — The Association/Chamber is proposing an amendment to the fencing or screening required for outdoor seating areas. • Casual seating without service- A criteria based on percentage for smaller places that want to add a few tables for outside seating without service should not require a permit, as long as the seating meets accessibility regulations. • Hours of operation — business community would like it changed on Sunday- Thursday from 10:30 p.m. to midnight and on Friday-Saturday from 11:00 p.m. to 1:00 a.m. Background The "performance code" was spoken of by the business community as a way to regulate some of the issues associated with outdoor seating, as well as special events. While that is the way many Memo to City Council Special Events,Outdoor Seating,and Temporary Signage May 27,2009 Page 4 of 4 municipalities regulate impacts on residential communities, staff recommends updating the performance codes to include regulations that are more easily enforced. Staff Concerns Staff recommends that City Council hold a public workshop to gather public input, as well as discuss concerns associated with the proposed changes in order to give staff direction regarding any code amendments. In addition, the process for amending the Land Development Regulations requires two public hearings, which will provide opportunity for further public input. Attachments: Section 78-187, Special Events with proposed amendments Section 78-187, Special Events definitions with proposed amendments Section 78-191, Outdoor Seating with proposed amendments Section 78-290, Temporary Signage with proposed amendments Sec. 78-187. Special events. (a) Permit required for special event. No person, firm, group, corporation or institution shall participate in, advertise for or in any way promote, organize, control, manage, solicit, or induce, participation in a special event, as defined in section 78-751, unless a special event permit has first been obtained from the city as provided herein. No person, firm, group, or corporation shall violate any terms of a special event permit issued under this article, nor in any manner interfere with the progress or orderly conduct of a special event. Any person, firm, group, corporation or institution seeking to conduct a special event in the city shall file a complete application for a special event permit with the special events planner as designated by the growth management director on forms provided by the city. Unless waived by the growth management director for good cause and for the public interest of the city, a complete application for a special event permit shall be filed on or before the following deadlines prior to the event to allow sufficient time for the review process: TABLE INSET: Expected attendance Minimum advance time required to file Less than, or equal to, 1,000 persons one month 1,001 to 5,000 persons two months 5,001 to 50,000 persons four months More than 50,000 persons six months The applicant shall provide all information solicited on the special event permit application form, unless waived by the special events planner, upon finding that such information is not necessary. (b) Permit requirements (1) Authority. Notarized evidence the property owner/managing agent authorizes the use o the site for the special event reflected on the special event permit application. (2) Site plan. A detailed site plan for the event, including but not limited to, property boundaries; road access; location of trash receptacles, sanitary facilities, tents or other structures; location of rides if applicable; location of parking; location of temporary dwellings, offices, and equipment; and proposed setbacks of activities, fences, tents, booths, etc. from adjacent properties. (3) Statement of use. A detailed statement of use, including but not limited to sponsor(s), vendors(s), band(s) and/or other musical operations, planned activities, duration of event, hours of operation, anticipated attendance, temporary lighting to be provided on-site, security, utilities, and use of generators. (4) Signage. Signs are permitted only if related to a special event. a. On-site signs: 1. Only one on-site sign per special event is permitted visible from a public right-of-way or abutting a residential zoning district unless waived by the growth management director for good cause and the public interest of the city. a. Additional on-site signs, not visible from a public right-of-way or abutting a residential neighborhood zoning district, shall be permitted subject to the approval by the growth manaqement director. 2. Any on-site sign related to a special event shall be illustrated in a detailed on-site sign plan, including, but not limited to the proposed location, size, type, copy area, graphics, and color, including the dates of installation and removal of the sign for with the event in accordance with section 78-290: Temporary signs. 3. Banner signs and flags proposed within the signage plan may be approved per the discretion of the special events planner. No signs shall be permitted in the safe site visibility triangles as described in section 78-315(i): Visibility triangles. b. Off-site signs: 1. Any off-site sign(s) including street banners, pole banners, flags, directional signs related to a special event shall be illustrated in a detailed off-site sign plan that shall indicate on a site plan the location, copy area, graphics, size, type, and colors of the sign(s) for the event. Such plan shall be submitted with the special event permit, and approved by the growth management director. 2. Off-site signs shall not be permitted on private property. Off-site signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency. 3. Off-site signs may be displayed no more than 14 calendar days before the scheduled event and must be removed within two calendar days after the conclusion of the event. The growth management director may waive such time limitation to allow the applicant to erect off-site signs prior to 14 calendar days to the scheduled event for good cause and the public interest of the city. 4. No off-site signs shall be permitted in the safe site visibility triangles as described in section 78-315(j); Visibility triangles. 5. Off-site signs related to a regional event outside the municipal boundaries of the city shall be permitted at the discretion of the growth management director subject to the review and approval of an off-site sign plan illustrating the number, copy area, location, and graphics of all signs proposed. All signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency. (5) Food service. If food service will be available at the event, the applicant shall provide a complete list of food service vendors, their respective Palm Beach County mobile occupational license permit if applicable, Florida State health certificates, and a list of the type of food service proposed. (6) Alcohol. Applicants may provide alcoholic beverages in accordance with chapter 6 of the city code: Alcoholic beverages, provided that a copy of the permit issued from the Florida Department of Beverages and Tobacco is attached to the special event permit application. (7) Insurance. The operator of an event shall provide evidence of insurance acceptable to the city in an amount of at least $1,000,000.00, and shall provide the city with a certificate of insurance showing the city as additional insured. Events with an expected attendance over 10,000 people shall submit a certificate of insurance evidencing coverage of at least $2,000,000.00, with the city named as an additional insured. Proof of additional insurance may be required by the city. Insurance shall not be cancelled or re-issued without a 20-day written notice to the city. (8) Bond. A refundable security bond, or similar financial pledge acceptable to the city, will be required, at the discretion of the special events planner, to ensure that any damage is repaired and the premises returned to its previous condition prior to the event, including the removal of any signs or banners within two calendar days of the event. (9) Indemnification. The applicant shall submit an indemnification agreement, as approved by the risk manager and the city attorney, including any and all such claims, suits, actions, damages, or causes of action arising as a result of the special event, or of the condition of the premises on which the special event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any order, judgments, or decrees which may be entered, and from and against any costs, attorneys' fees, expenses and liabilities incurred in and about the defense or settlement of any claims, and the investigation thereof. (10) Other materials. Other materials and documentation as may be required by the growth management director. (c) Review: (1) At the discretion of the special events planner, special events permits may be reviewed by the Development Review Committee (DRC) in accordance with section 78-46(d1): Application procedures. (2) All city-sponsored events shall be reviewed by the community services administrator, except for those events that are two (2) consecutive days in length, and/or have an expected attendance of 500 people or more, in which case, shall be subject to a special event permit review. (d) General standards: (1) Location. Special events may occur only on properties possessing the following non- residential zoning district designations: CN, CG-1, CG-2, CR, P/I, M-1, M-1A, M-2, PCD, PDA, PO, and MXD. In residential zoning districts, or residential portions of PUDs, PCDs, or MXDs, special events may occur on public or private schools, churches and houses of worship, public parks, and public or private property. (2) Duration. A special event shall not exceed seven consecutive days. The growth management director may authorize one administrative time extension of up to three days for good cause and for the public interest of the city. Any event more than ten days in length must be submitted to the city council for approval. Pumpkin sales and Christmas tree sales shall not exceed 30 days. (3) Number per year. a. No more than three eight special events every calendar year shall be held by any applicant at one location, unless otherwise approved by the city council following a recommendation by the growth management director. b. No events shall occur consecutively, except for those with city council approval, and if approved shall require a separate permit and fee for each event. c. Tenants located in commercial/office plazas, are permitted three six special events per tenant each calendar year; however, this number of permitted special events shall exclusively apply to each tenant, and cannot be transferred to another tenant or party. d. Sub-tenants within commercial/office plazas are not permitted any special events. e. Commercial/office plazas with ten tenants or less shall be limited to a maximum of five eight events per calendar year. Commercial/office plazas with 11 tenants or more are permitted tea twelve special events per calendar year. f. Anchor tenants are each permitted three six events per calendar year exclusive of the limitation in subsection e. above. g. No more than two special events at any given time may occur simultaneously at any commercial/office plaza. Special event applications will be reviewed and approved by the city on a first-come, first-serve basis. h. City-sponsored and city co-sponsored events are hereby exempt from the limitation on the number of events per year. i. A special event management plan may be provided by an applicant for multiple events within one calendar year but should not exceed the maximum number of events permitted in subsections a, c, e, and f above. The plan will require City Council approval as a miscellaneous petition application. The plan shall address all requirements and criteria of this section for each individual event. All items listed under (b) Permit requirements of this section shall be provided for each individual event within the application for a special event management plan. (4) Access. With the exception of block parties, all efforts shall be made to provide vehicular access from a collector or arterial roadway. (5) Traffic control. Use of city police or acceptable alternative to direct and control traffic may be required. (6) Sanitation. Plans for sanitation including temporary bathroom facilities, inspection of food facilities, drainage, garbage and litter control, and recycling shall be approved by the growth management director. (7) Compliance. If a violation occurs at an event permitted by the city, the growth management director may deny permits to the operator for future temporary events for a period of no more than 18 months. (e) Denial of special event permit. A special event permit shall be denied under the following conditions: (1) The application is not complete in all material respects accurate within the knowledge of the special events planner. The special events planner may allow for any additional materials to be submitted within seven days of notification by the special events planner. (2) All of the conditions set forth in section 78-187 and all contractual requirements imposed by the city, if any, have not been met. (3) The special event will interfere with or unduly burden municipal services including but not limited to police, fire, and emergency medical protection, water and sanitary sewer service and solid waste removal. (4) The public benefit has not been demonstrated. (5) The permit fee has not been paid. (f) Conditions for granting a special event permit. All special event permit applications approved pursuant to this article shall be subject to the following conditions: (1) The public areas utilized shall be cleaned within two calendar days up following any special event, and in all respects restored to its former condition. (2) All city ordinances, rules or regulations applicable to the special event shall be observed unless indicated in such section or waived by the growth management director for good cause and the public interest of the city. (3) The special event permit may be revoked by the city if any conditions listed in (f) arise anytime after the issuance of the permit and prior to or during the special event. (g) Exemption of public right-of-way closures. Any special event or block party that is temporarily blocking off, fencing, or in any way appropriating any publicly dedicated street, sidewalk, or alley within the city for a special event or block party is hereby exempt from section 62-2 of the city code of ordinances; however, such permit application shall be subject to review in accordance with section 78-187(d). Closure of any public right-of-way not within the city's jurisdiction shall require approval from the appropriate authority. A "block party" is defined in section 78-751; a majority of residents must consent to closure, and the event must be sponsored solely by such residents and not be for any commercial or for-profit purpose. (h) Special event contract and city service fees. The city may require, as a condition of a special event permit, that the applicant enter into a contract with the city relative to the duties and responsibilities of the permit holder as a condition of the special event. By such contract, the city shall require that the applicant pay to the city the municipal costs in providing services in support of the special event. The city may require that the applicant pay to the city a user fee for the use of public property. (i) Police services. The police department shall review the permit application and assess the need for police services. If police services are required, the applicant will be informed of such and will take the responsibility for contacting the police department directly. The applicant is responsible for the cost of these services. The police chief or his/her designee is the final authority on the need for police service, including the number of officers required and the hours assigned. (j) Fire rescue services/emergency medical services. The fire rescue department shall review the permit application and assess the need for fire rescue services and/or emergency medical services. If such services are required, the applicant will be informed of such and will take responsibility for contacting the fire rescue department directly. The applicant is responsible for the cost of such services. The fire chief or his/her designee is the final authority on the need for fire rescue and/or emergency medical services. (k) Community services. The community services department shall review the permit and assess the need for community services. If services of the department are required, the applicant will be informed of such, and will take the responsibility for contacting the community services department directly. The applicant is responsible for the cost of such services. The public works manager or his/her designee is the final authority on the need for public works services. (I) Appeal of permit application. The applicant may appeal, by written request, the denial of a special event permit to the city manager's office or designee within ten days of the growth management director's decision. The written request shall specifically state what portion of the denial is being appealed. The city manager's office shall have 30 days to make a decision and to notify the applicant. The city shall reserve the right to charge a non-refundable filing fee to offset all, or a portion of, the costs involved in handling the appeal. (m) Enforcement. Any violations of any provision of this article shall be enforced by the code enforcement special master consistent with section 78-741(b) of the Municipal Code. (Ord. No. 17-2000, § 100, 7-20-00; Ord. No. 49-2002, § 2, 1-16-03) Special event means a temporary meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park, public or private area or building where the special event substantially or materially inhibits the usual flow of pedestrian or vehicular traffic, and is not the type approved for, or customarily associated with, the site upon which the event is located, and is not a normal business sale event or similar activity for commercial and/or office establishments. A special event shall include, but not be limited to, city sponsored and co-sponsored events, festivals, carnivals, concerts, parades, walks, races, banner and sign exhibits related to a special event, fund raising sales and similar gatherings, and block parties_, grand epening—bromotions. Events not requiring offsite parking or special traffic management shall not be considered a special event. The following shall not be considered a special event: indoor activity within an enclosed mall or office building. Routine Commercial Event means an ordinary and customary event that occurs periodically through out the year in the normal course of business. A routine commercial event shall include, but not be limited to, special sales and promotion events, grand opening events, and going-out-of-business events. These events shall not require offsite parking or special traffic management. Any temporary banner or sign related to a routine commercial event shall require a temporary sign permit. Sec. 78-191. Outdoor seating. (a) Applicability. Outdoor seating shall be permitted as an accessory use to a restaurant, business, or institution serving food or beverages in an enclosed delineated area, subject to the standards listed below. Outdoor seating in excess of 10% of the gross floor area of the principal restaurant shall be subject to applicable traffic concurrency requirements. (1) Access. The outdoor seating area is adjacent to, and has direct access through, a doorway to that portion of the business or institution which is enclosed. (2) Location. The outdoor seating is located directly adjacent to the restaurant or food service establishment and is owned or leased for this purpose.-, unless otherwise approved by council. (3) General circulation. The outdoor seating can be accommodated without impeding the access of the general public to one or more of the following: a. the enclosed portion of the restaurant or food service establishment; b. any other use located within the same building or structure; or c. any common elements shared by the restaurant or food service establishment and any other users of the same building or structure. (4) Safety. Outdoor seating shall comply with all building, fire, and safety code requirements. (5) Parking. Parking for areas utilized for outdoor seating shall be calculated and provided as required in division 8 of article V. Outdoor seating shall not be established if required parking cannot be provided onsite or if a nonconformity is created. (6) Rnc"esCasual Seating. Businesses, institutions, or uses that do not serve food or beverages, excluding vending machines, may be approved for outdoor bench seating. (b) Review. Outdoor seating may be included as an element of an overall application for development order approval, or as an amendment to an existing development order. In addition to any other requirements contained herein, each application for approval of outdoor seating shall include the information listed below. (1) Affected properties. A list of the names and addresses of all occupants of the building for which the outdoor seating is proposed, and a list of each tenant and property owner within 500 feet of the property for which the seating is proposed. (2) Notice. An affidavit which certifies a notice was mailed to each affected property, as defined in this section, which states an application for outdoor seating has been made to the city. The affidavit shall be provided in a form acceptable to the city attorney. (3) Site plan. A site plan, at a scale acceptable to the city, which indicates the following: a. The building for which the outdoor seating is proposed; b. The location of the restaurant or food service establishment; c. The proposed location of the outdoor seating, including any fencing, screening or materials to separate the seating area; and d. The location of any sidewalks or other pedestrian walkways or passageways adjacent to or affected by the proposed outdoor seating; and the location of all existing or additional parking to be provided for the seating. (4) Consent. A copy of the written consent of the individual, corporation, or other entity that owns the property upon which the outdoor seating will be located. (5) Indemnification. The applicant shall provide, in a form acceptable to the city attorney, indemnification of the city for any liability for personal injury and property damage due to the approval or existence of the outdoor seating. (6) Renderings. Photographs, renderings, elevations, samples, and other materials as may be required by the city which illustrate the following: the style and color or all furnishings and menu boards, and the color, style, and materials fencing, screening, or otherwise separating the outdoor seating. (c) Minimum standards. Outdoor seating shall, at a minimum, comply with the standard listed below. (1) Walkways. Outdoor seating shall be arranged, when in use, in a manner consistent with the code and safety requirements for the interior seatingthat-provides a-pedestr-iac-walkway-of-eot tees-tan-six fee _ -e* - t-t -each table. (2) Multiple tenants. Outdoor seating located on a pedestrian walkway which provides access to more than one occupant of a building shall provide an unobstructed passageway of at least six feet in width. The unobstructed passageway shall—may be located adjacent to, but not thwoughor through, the outdoor seating area. Passageways through outdoor seating areas must be clearing delineated with planters. pavement changes and or similar demarcations. (3) Location. Outdoor seating shall be located only along the frontage of the affected restaurant or food service establishment, and shall not be located in front of or adjacent to any other user or tenant without the written authorization or as provided for by way of the establishments lease.,- (4) Prohibited location. Outdoor seating shall not be located within any area designated for parking. •(5) - - - - - - - --- -- • ••• _ .-- .-- , -- --- - - - - fencing or screening as a means to physically and visually scparate such use from any adjacent • 5-* • -- - - - - * - -•-. e . -- -. :. Delineation, fencing and or screening. Outdoor seating areas shall be delineated fenced or screened as a means to visually separate such use from adjacent public passageway, sidewalk or street. The use of planter boxes, fencing and or changes is pavement materials shall be encouraged. Fencing and or continuous planter boxes, not to exceed 34 feet, shall be utilized in high traffic areas , such as public sidewalks,and when necessary to facilitate public safety as determined by the growth management director. (6) Compatibility. Outdoor seating, including fencing and screening materials, shall be compatible in color and style with the exterior of the building. Signs, lettering, or advertising, excluding permitted menu board, shall not be attached to outdoor seating. Small labels may be permanently attached to the furnishing to identify ownership for security purposes. (7) Storage. Outdoor seating and furnishings shall be stored in a secure manner when not in use. Heaters and other seasonal equipment shall not be stored outdoors when not in regular use. (8) Hours of operation. Excluding outdoor seating located in inner courtyards, outdoor seating service shall comply with the hours of operation noted below. a. Sunday through Thursday. All sales and service of food and beverages are prohibited l between the hours of 10:30 p.m. and 7:00 a.m. Midnight and 6:00 a.m. b. Friday through Saturday. All sales and service of food and beverages are prohibited between the hours of 1:00 a.m. and 6:00 a.m. (Ord. No. 17-2000, § 104, 7-20-00) Sec. 78-290. Temporary signs allowed. (a) Permitted temporary signs. Temporary signs allowed within the city are listed in Table 25. (b) Approval. Temporary signs shall be approved by the building division. Signs not approved by the building division are subject to immediate removal by the city, at the expense of the owner. Temporary signs shall comply with the standards listed below. (1) Illumination. Temporary signs shall not be illuminated. I (2) Setbacks. Temporary signs shall be setback at least 15 10 feet from the greater of following: a. The nearest property line; b. The edge of pavement; or c. The edge of sidewalk or other walkway. (3) Maximum height. A temporary sign shall not be higher than five feet above the crown of the road adjacent to the sign. (4) Permitted sign types. Only pole or sandwich-board-type signage shall be used for temporary signs. (5) Prohibited sign types. Balloons, bunting, banners, streamers, portable signs, flags, billboards, and similar signs are not permitted. A business activity may install not more than two "grand opening" or special event banners in lieu of other types of permitted temporary signs. Table 25: Temporary Signs TABLE INSET: Type of Maximum Earliest Final Notes and Si Size Installation Removal Remarks Sign (Sq. Feet) Date Date •1 sign per candidate or issue per residential dwelling •1 sign per nonresidential parcel or lot •Residential -none -Signs may not be -Residential- -Nonresidential - 30 'Residential - placed on public Political 6 square feet days before primary, none property. •Nonresidential - general, or runoff 'Nonresidential •Signs may not be 32 square feet election or - 5 days after placed in public referendum. election rights-of-way. •Signs may not obstruct vision at corners, intersections, etc. -Applicable to federal, state, county, and local elections. •1 sign per residential dwelling or lot •1 sign per nonresidential parcel or lot •Sign may be installed in lieu of 'Residential - any permitted Free 6 square feet nonresidential •Nonresidential - sign Speech as permitted by None None 'Signs may not be Sign sign regulations placed on public property. 'Signs may not be placed in public rights-of-way. •Signs may not obstruct vision at corners, intersections, etc. TABLE INSET: Maximum Earliest Final Size Type of Sign (Sq. Feet) Installation Removal Notes and Remarks Date Date *l _must conform to adopted city design standard. *2 Must be maintained in good condition c Sale of Land, t�ei_iiiil Building, or When property 5 days after renewed annually. Portion of 16 offered for closing 3 additional signs Building. sale not visible from a public street or adjacent residential area may be allowed subject to city defined criteria. Sale: Residential 6 Day open Day open Open House house begins house closes Sale: Day open Day open Nonresidential 16 house closes Open House house begins When building Sale: Portion of offered for sale 5 days after *1,*2 & *3 Building 16 or development sale closes order issued -*1, *2, 3 & *4 in lieu of a temporary sign leasing When building information not Rent or Lease: offered or 5 days after exceeding 12 square feet Building 16 development rented or ina\ be incorporated order leased into the design of a issued projects monument or directional signage. •Rooming house signs excluded. *1,*2, 3 & *4 in lieu of a When building 5 days after temporary sign leasing Rent or Lease: offered or 100 percent information not Portion of 16 development (100%) exceeding 12 square feet Building order rented or Ilij \ be incorporated issued leased into the design of a projects monument or directional signage When complete development On receipt of Development 32 order first Sign application certificate of filed with city occupancy Project 32 Issuance of On receipt of Suppliers/trades building final permit certificate of occupancy Grand Opening/ 7 days before 10 days after Project Opening/ 32 opening or event New Businesses event Outparcel/Phase 32 7 days before 10 days after Opening event opening Special 7 days before 1 day after •Not for profit/nonprofit Event/Sale Not for 16 sale/event sale/event organization only Profit Special Event/sale 7 days before 1 day after 'Must comply with for Profit 16 event sale/event council-approved administrative policy. School/Day 32 30 days before 30 days after Care/Nursery registration registration 1 Garage Sale 12 e Y before Day of sale 1 sign for the sale Outside Must comply with Sales/Sites Day before 1 day after Without 16 sale sale council-approved Buildings administrative policy. Special Event Must comply with Direction Signage 4 Day before 1 day after council-approved event event administrative policy. Issuance of On receipt of Construction land clearing, final Entrance 16 land alteration, certificate of or building permit occupancy (6) Maximum sign faces. A maximum of two faces will be allowed for each temporary sign. (c) Removal. (1) Hurricane watch. Any temporary sign installed within the city shall be removed by the owner or city if a hurricane watch is posted. The city shall not be responsible for the replacement of such signage after a hurricane watch is discontinued. (2) Violations. The city shall have the right to remove any temporary signage in violation of this section. (d) Number. Each side of a property facing a public right-of way is allowed one temporary signs as permitted in Table 25. Additional signs interior to a development;which are not \ isiII from a public right of way or residential development may be allowed subject to city defined criteria.- (e) Prohibited materials. Paper, cardboard, or other such material subject to rapid deterioration shall not be used for any sign that is to be displayed for more than 30 consecutive days. (Ord. No. 17-2000, § 141, 7-20-00) L+wL CITY OF PALM BEACH GARDENS • ;�i_, MEMORANDUM o,! m TO: Mayor & City Council DATE: May 19, 2009 FROM: Ron Ferris, City Manager SUBJECT: Sancilio & Company, Inc. ("SCI") The Business Development Board ("BDB") has approached the City to request an economic stimulus package for the expansion of Sancilio & Company, Inc. ("SCI"), a locally owned Pharmaceutical and Product Development Company headquartered in Riviera Beach, Florida. SCI has recently expanded from Riviera Beach into a facility in Palm Beach Gardens at the Florida Blood Bank building located at the northwest corner of Northlake Boulevard and MacArthur Boulevard. SCI intends to increase its presence in Palm Beach Gardens by increasing the amount of employees and expanding the infrastructure (i.e. lab equipment, etc.) in its current facilities. SCI is seeking a $350,000 loan from the City of Palm Beach Gardens to help facilitate this expansion. It should be noted that SCI requested a similar loan from the Town of Jupiter. On April 7, 2009, the Town of Jupiter unanimously approved terms for a $350,000 loan to be financed from their Economic Development Fund. The loan term sheet is attached. Please note that the purpose of the term sheet is to list the broad objectives and obligations between the City and SC1. Details of the loan will be completed in the final loan agreement, which will require the City Council's final approval. Fred Sancilio from SCI and Andrew Duffel) from the BDB will be attending the June 4, 2009, City Council meeting, and will be available to answer questions from the Council. Staff is seeking APPROVAL from the City Council to use the proposed loan term sheet as a basis for completing the final loan agreement. Attachments: 1. Company Information 2. Loan Term Sheet CC: Allan Owens, Finance Administrator Mary Anderson, Deputy Finance Administrator Kara Irwin, Growth Management Administrator Allyson Black, Resource Manager Natalie Wong, Planning Manager °. {t t a nay —^r i .—‘...- 1 # � °+ j U Y - fF t r * c ` } 1a it .fir 3"'., A i ' ^) ._. t ct P fa-4 , 1111111) 0 1 _ , U M v— j . U wf r. ;a; , fl p 4 c:11 14 ,i, woo '""116,i trw ,,,:1--7.7', O f d\ ;..E c. ., K":"' `;, 'in;L :.'-,'' 'J yr E Sancilio and Company Timeline Nutritional and Ocean Blue Professional Injectable Rx Test Market Products Pain Product Begins Launch Development 02/2008 03/2009 Begins 12/2006 SCI Founded First as an Production Investment Suite Company Completed 11/2005 11/2008 •UV V 1 .+4ffligkorpqmp I004 7 2-UU5 ri 2008 i Scientific Omega 3— Lab Operations Brand Expansion Begin Development Palm 4/2006 Beach Research Begins Gardens mn(im 12/2008 Rx Sodium Fluoride Sale of First Development Product Launch Begins Injectable of Rx Sodium ngi)n0i Generic Fluoride Product to Product Line International 04/2009 Pharma Company 8/2008 Y H',m p to ment Growth Number of Jobs at SCI 40 � , SM 35 30 — — a 25 ti 20 — .._. IZ 15 A � 10 0 Jan- Jul- Jan- Jul- Jan- Jul- Jan- Jul- Jan- Jul- Jan- 05 05 06 06 07 07 08 08 09 09 10 Salary Snapshot Payroll Run Rate (Full Time Employees) 2,000,000 cv 1,500,000 — --- — 1,000,000 500,000 -- Q ; Jan- Jul- Jan- Jul- Jan- Jul- Jan- Jul- Jan- Jul- Jan- 05 05 06 06 07 07 08 08 09 09 10 Timeline Laboratory Operations Fxpansion • For each production worker at our Fiscal Court facility, we will require 5 Laboratory Personnel at our PBG Facility • For every batch of material that we produce we must perform the following : o Raw Material Testing (each individual ingredient) I• n Process Material Testing CI Finished Product Testing CI Stability Studies for each product Laboratory Operations Kxpansion m This work load is in addition to our R&D Programs and CRO Work for local Bio Pharma Companies • These positions are high paying positions with salaries from $45 , 000-$90 , 000 per year • Lab Positions will include : CI Senior Level Scientist (typically masters degree) D Lab Chemists (typically BS degree) • QA-QC Personnel CI Tech Level Employees Community Impact • 9 additional laboratory personnel in 2009 • 6 additional positions by March 2010 • High paying positions with Salaries averaging over $60 , 000 per year exclusive of benefits • Combined with the regulatory and admin personnel we will hire within the next 12 months , we expect our payroll at the Palm Beach Gardens facility to increase by over $ 1 , 000 , 000 in the next year bringing the total to Approx . $ 1 , 500 , 000 Community Impact (cons.) ■ Funding by PBG will allow for: Cl Increased lab capacity which will limit the amount of out of state outsourcing that we will require Increased contract work and revenue which we will be capable of providing to customers with our facility CI Decreased reliance on outside labs which increases our efficiency in production as well as reducing our expense for testing by approx. 35% . Investment by Shareholder • As of January 2009, Dr. F red D. S a n c i l i o has Investment by Shareholder invested over $5,000,000 $6,000,000.00 into SCI . $5,000,000.00 =• No Profits, Revenues or $4,000,000.00 „ — Distributions have been $3,000,000.00 taken by any shareholder. • Every Dollar Generated by $2,°°°,°°°°° — any business unit has been $1,000,000 00 re-invested into growing the $ Jan-05 Jul-05 06 Jul-06 Jan-07 Jul-07 Jan-08 company. $Amount EFA Brands Essential Fatty Acids • Ocean Blue Professional • Ocean Blue Nutritional ❑ Designed to meet the needs of the ❑ Sold through a broker distribution healthcare community network focused on Health Food Stores and Chains ❑ Highest concentrated commercially ❑ OBN products meet the growing available product demand for very high quality ❑ One capsule per day allows dosage forms that meet or exceed consumers to meet the American pharmaceutical standards Heart Association's daily o OBN products lead the nutritional recommendation for those at risk industry in potency, quality control of cardiovascular disease and science ice" C )' Cast'- } a- I,e9a.321OO omega iNi� MMM- 6vitaminf ho._ v.ro.e Childrens Chewable Sodium Fluoride and Multi-Vitamin Prescription Line (Rx)•SCI has spent the last three years ---S SANCILI O & COMPANY "`"°"""� I) I I I M nn•00-r ��'- developing a line of 8 separate (Patent UrvAopin_iGae_dScienetInteGreatLfreicinr � IJOC:215203702 r4 ,741 11 MULTI VITA-BETS WITH YE, gym. Sz1s2-037-02 Pending) prescription children's [0.:i mg Fand Fe; wn M ,� yr CHEWABLE TABLETS � °IM CMpM y yy .awry TMI�+'.„N H' �•.OP'•1 A OIT'rw chewable multi vitamin products MULTIVITAMIN,MINERAL = �� trel0PA.Rea 0 R/FLUORIDE IN,SUPPLEMENTATION .,,ti. 7.77. .e. Ina.m.a n.PA.e.u�,rtvlel �...r.M r..M.'"'F.'......m.' 61001A1 {lx only -.w w...�.,,.1 «.r.N-1; '''''._ NOV 08 100 TABLETS .47.,' '»« «»4 u"„" ,.- ,;�„„, •We have designed fully compliant �..... testing procedures and plan on submission to the FDA to ensure Because of our team's extensive regulatory compliance knowledge of vitamins and expect to be the only legitimate regulatory experience we will be the ex •We p y first and only company to date willing source for this product on the market to submit this product to the FDA for and expect to capture a significant approval portion of this $40mm per year market Contract Service (CRO) • In addition our Registered FDA M Laboratory offers local Bio Pharma x y and Life Science Companies the It f followin g fee for service items: 4 — ., , ❑ Method Development and Validation ❑ Stability Studies :.. : . ❑ Analytical Services tailored to our a... clients needs Injl ectable Products and, SCI has developed two injectable products for licensing to third parties: ,. ..... . , ❑ The first product is licensed to an A International Pharmaceutical Company _ - it for a royalty and fee structure with '` Submission to the FDA in Mid 2009 E A 0 , ❑ The second is in late stage - development with anticipated sale in0 late 2009 SCI Projected Revenues Ocean Blue Quality Products Sales Run Rate SCI Multi Vitamin Sales Run Rate $1,600 $8,000 $1,400 $7,000 --1'411 - $1,200 - - $6,000 8 $1,000 - 8 $5,000 Jt a $800 - _.. 0 $4,000 m m N $600 - - -- - ( $3,000 _. . $400 - -- - `A $2.000 _' $200 $1,000 -,, $0 $0 n`i v co v 0) N ni co w Co CD c°o 0 o n co c O o 0 Contract Service Unit Sales Run Rate Estimated Cumulative SCI Revenue $1,200 $10,000 1 $9,000 $1000 _��_ �e.r.� ..��. . _ $8,000 0 o $7,000 _, .� __ = $800 -- - __ _ o ,, o ° $6,000 - -- 5,000 $600 '---- - ---------- � w ------- ------ N $ MI m $4,000 N $400 rn «A $3,000 $200 $2,000 - - -- -1111111111 _.. $1,000 -- -- - $0 o c°o CO o 0 0 o b b (O �p O O CD Use of Funds • The addition of a QC Lab Function for testing raw . i t, material , in process , and = � 4. , s `- '1/4 - - ... finished product EA Y b .P • Increased CR0 Capacity W, • Inventory and Raw Materials . w. • General Corporate Uses () e+ Financing Structure • SOils requesting $350 , 000 in funding from the City of Palm Beach Gardens . • Loan Structure : CI Term 3 Years • 1 year interest only loan based on an interest rate of 4.5% (or as is conventional) • 2 years Principal and Interest payments based on a 10 year amortization • Payoff of loan at the end of the 36 month Mr. Fred Sancilio May 22, 2009 3874 Fiscal Court, Suite 200 Riviera Beach, FL 33404 Proposed Term Sheet The City of Palm Beach Gardens Staff ("Staff') has reviewed and considered your application for funding at length. Staff would like to recommend to the City of Palm Beach Gardens City Council ("City") that an offer for financial support from the City of Palm Beach Gardens Economic Development Fund be given to Sancilio and Company, Inc. based on the following terms: This non-binding Term Sheet describes the basic terms and conditions proposed to be included in a loan by the City and Sancilio and Company, Inc ("Borrower"). BORROWER: Sancilio and Company, Inc LOAN: Economic Development Loan. AMOUNT: The total amount of this loan shall not exceed three hundred and fifty thousand dollars ($350,000). EXPANSION: Borrower proposes to utilize the loan for expansion capital in its current facility located in the City of Palm Beach Gardens. PURPOSE: The loan shall be used solely for expenses relating to the expansion and related Capital Investment expenses including, but not limited to, the addition of a QC lab function for testing raw materials, in process, and finished product, increased CRO capacity, providing inventory and raw materials, and general corporate uses in the lab located in the City of Palm Beach Gardens. INTEREST RATE: The interest rate will be 4.50%. REPAYMENT: Interest-only payments to the City would begin immediately after closing for a period of one (1) year. Principal and interest payments will begin one (1) year after closing, and shall be based on a ten (10) year amortization. The loan shall be paid off at the end of 36 months from the date of closing. PREPAYMENT PENALTY: None MATURITY: This loan shall mature after 36 months from the date of closing. COLLATERAL: Borrower shall provide to the City a form of collateral, which is to be determined prior to the finalization of the loan agreement. Collateral shall be to the satisfaction of the City. FINANCIAL STATEMENTS: Borrower, as indicated below, shall furnish to the Business Development Board of Palm Beach County ("BDB") to be reviewed by the City, the following financial information, in each instance prepared in accordance with generally accepted accounting principles consistently applied and otherwise in form and substance satisfactory to the BDB: Tax Returns. Borrower shall deliver to the BDB and to be reviewed by the City, within 60 days of filing, complete copies of federal and state tax returns, as applicable, each of which shall be signed and certified by Borrower to be true and complete copies of such returns. In the event an extension is filed, Borrower shall deliver a copy of the extension within 60 days of filing. Annual Financial Statements. Borrower shall deliver to the BDB and to be reviewed by the City, within 120 days after the close of each fiscal year, financial statements that have been reviewed or audited by an independent Certified Public Accounting firm that reflect its operations during such fiscal year, including, without limitation, a balance sheet, profit and loss statement and statement of cash flows, with supporting schedules; all on a consolidated and consolidating basis and in reasonable detail. COVENANTS: In addition to the covenants customarily required for similar loans and/or similar borrowers, the following covenants shall be applicable to this facility: Limitation on Debt. Borrower shall not directly or indirectly, create, assume or become liable for any debt in excess of$150,000, whether contingent or direct, without the prior written consent of the City. Both Borrower and City understand that Borrower may incur future debt obligations consistent with requirements for normal business operations. This shall include, but not be limited to, accounts receivable lines of credit, inventory financing, additional equipment purchases or leases as well as other normal business lending activities. Dividends. Borrower shall not declare or pay dividends or make other distributions to its shareholders without prior written notice to the City. Change of Control. Borrower shall not make or suffer a change of ownership that effectively changes control of Borrower from current ownership without prior written notice to the City. If a change of ownership occurs, the funded loan balance shall be paid in full to the City. Cross Default. Borrower shall not default in payment or performance of any obligation under any other loans, contracts or agreements of Borrower or Guarantor. Encumbrances. Borrower shall not create, assume, or permit to exist any mortgage, security deed, deed of trust, pledge, lien, charge or other encumbrance on any of its assets, whether now owned or hereafter acquired, other than: (i) security interests required by the Loan Documents; (ii) liens for taxes contested in good faith; (iii) liens accruing by law for employee benefits; or (iv) Permitted Liens as defined in the loan documents in excess of $150,000 without the prior written notice to the City. Both Borrower and City understand that Borrower may incur future debt obligations consistent with requirements for normal business operations. This shall include, but not be limited to, accounts receivable lines of credit, inventory financing, additional equipment purchases or leases as well as other normal business lending activities. Guarantees. Borrower shall not otherwise become responsible for obligations of any other person or persons without prior written notice to the City. DOCUMENTS: This term sheet does not set forth all the terms and conditions of the facility offered herein. As a condition of closing, the City will require the execution of definitive loan documentation, prepared by the City's legal counsel, which will contain terms and conditions not set forth herein, including such representations, warranties, affirmative and negative covenants, indemnities, closing conditions, defaults and remedies as are typically required by the City and/or deemed appropriate for this specific transaction. COSTS: Borrower shall pay all costs, expenses and fees (including, without limitation, any insurance, searches, recording fees, and, if the City engages outside counsel to represent the City, reasonable attorneys' fees and expenses) associated with this transaction, regardless of whether the transaction actually closes. The City is not providing legal advice or services to Borrower. CONDITIONS PRECEDENT: This term sheet is subject to receipt and satisfactory review by the City of the following, all in form and content satisfactory to the City in its sole discretion: Operating Documents. On or prior to the date of any borrowing hereunder, the City shall have received from Borrower a copy of Borrower's by-laws, articles of incorporation, and certificate of good standing, certified as to completeness and accuracy by an appropriate officer of Borrower or Secretary of State of Borrower's state of incorporation. Borrowing Authorization. City shall have received from Borrower and each Guarantor, as applicable, a borrowing resolution or other proof of authority to enter into the transactions contemplated herein. Opinion of Counsel. On or prior to the date of the initial borrowing, Borrower will provide the City with an opinion letter, in form and substance satisfactory to the City, from an attorney acceptable to the City. The opinion will provide, to the City's satisfaction, that the Borrower and any Guarantor, are duly organized and validly existing under the laws of the jurisdictions where Borrower and any Guarantors are organized and qualified, are qualified to transact business and are in good standing under the laws of the State of Florida, and have full power and authority to undertake the activities contemplated by the loan; that all Loan Documents (as defined in the Note) have been duly authorized, executed and delivered by Borrower and any Guarantors; that the Loan Documents create a first priority lien on or security interest in the Collateral (as defined in the Loan Documents) except when otherwise specified in the opinion letter; to the knowledge of such counsel, no litigation is pending or threatened which, if adversely determined, would have a material adverse effect on Borrower or any Guarantor; and that the loan and its terms do not violate any laws including, without limitation, any usury laws or similar laws of the jurisdictions where Borrower, any Guarantors and any Collateral are located, and such other matters and opinions as City reasonably requests. LOAN DEFAULTS: The specific terms that would lead to a default of the loan shall be provided in the loan agreement. ENTIRE AGREEMENT:This agreement shall be governed by the laws of Florida, cannot be assigned or transferred without express written permission of the City, is intended to be the entire agreement and may be modified by the City in the event that the power given to it changes. This is a non-binding Term Sheet, and does not constitute a commitment or offer to lend by the City. The City shall be obligated to lend to Borrower only under a written loan commitment executed by an authorized officer of the City and Borrower or executed loan document intended for that purpose. This term sheet is not intended to be exhaustive and loan documents or a loan commitment may include additional terms and conditions required by the City. Regards, Ron Ferris City Manager cc: Robert Rosillo, Esq. Kara Irwin, Growth Management Administrator Allan Owens, Finance Administrator Natalie M. Wong, City of Palm Beach Gardens Mary Anderson, Deputy Finance Administrator Allyson Black, Resource Manager a'4"' CITY OF PALM BEACH GARDENS • . 404 MEMORANDUM • TO: Mayor & City Council DATE: May 20, 2009 FROM: Ron Ferris, City Manag= •— SUBJECT: TBC Corporation ("Project Live Oak") The Business Development Board ("BDB") has approached the City to request a job growth incentive grant for TBC Corporation ("TBC"). TBC Corporation is currently headquartered in Palm Beach Gardens, and has grown to become the nation's largest vertically integrated marketer of tires in the automotive replacement market, including such retail outlets as Tire Kingdom. TBC has recently decided to consolidate their nationwide operations. As part of this corporate restructuring plan, the company is considering the expansion of their operations in the City of Palm Beach Gardens. The expansion would provide a new 75,000 sq. ft. facility, and would introduce at least 50 new jobs into the City with an average salary of$65,200, which is 150% of the County average wage. The expansion would also include the leasing of additional 23,000 square feet of office space. The company is requesting a grant from the City of Palm Beach Gardens in the amount of $50,000 as a local match for the Governor's Closing Fund, which would be required for the expansion to occur locally. It is important to note that TBC is also considering four (4) other options for their nationwide restructuring plan, which include moving management jobs out of State to either a) Memphis; b) Pennsylvania; or c) Colorado. Therefore, the City's grant would help save approximately 50 existing local jobs, AND would help provide at least 50 new jobs with an average salary of$65,200 in the City of Palm Beach Gardens. Staff has reviewed the financial information provided by the company and supports the request subject to the following conditions: • That the grant money would be contingent upon TBC locating in the City of Palm Beach Gardens; and • That the funds would not be issued until the local expansion is complete, and evidence is provided to the City that the 50 new additional jobs are in place. This item is scheduled for discussion at the June 4, 2009 City Council meeting. Andrew Duffel{ from the BDB will be contacting Cheryl Levy in the Growth Management Department to set up individual meetings prior to this meeting, so that each Council member can have an opportunity to learn more about the Company and the proposed grant request prior to the meeting. Staff will be present at these meetings. Should you have any further questions or need additional information, please do not hesitate to contact me at 561-799-4110. Attachments: 1. Company Information CC: Allan Owens, Finance Administrator Kara Irwin, Growth Management Administrator Mary Anderson, Deputy Finance Administrator Allyson Black, Resource Manager Natalie Wong, Planning Manager i�USIDCll(eS Development co��avrcdl PALM BEACH COUNTY'S BUSINESS RESOURCE Partners in Progress Palm Beach County Board of County Commissioners Board of Advisor Members May 13, 2009 Akerman Senterfitt Alexandria Real Estate Equities,Inc. •Mr. Ron Ferris, City Manager Anspach Effort,Inc. City of Palm Beach Gardens Bank of America 10500 N. Military Trail BIOMET 3i,Inc. BNY Mellon Wealth Management Palm Beach Gardens, FL 33410 Edwards,Angell,Palmer&Dodge,LLP Flagler Real Estate Development Dear Ron, Florida Crystals Corporation Florida Power&Light Company Enclosed please find a grant request letter and application from TBC Corporation. Florida Trend Magazine GL Homes Gunster,Yoakley&Stewart,P.A. As mentioned in their cover letter, TBC Corporation is currently headquartered in Hardrives,Inc. northern Palm Beach County and is preparing for changes to their corporate structure Hedrick Brothers Construction Co.,Inc. and business units. They are considering Palm Beach Gardens as the continued KPMG,Inc. location for the re-structuring, and are also considering options which include sites in Nova Southeastern University Tennessee, and Pennsylvania. They are presently performing a cost analysis for all Palm Beach Aggregates,Inc. Plastridge Insurance Agency options, and are seeking incentives which may provide sufficient advantage for them Pratt&Whitney Rocketdyne to conduct their restructuring/expansion in Palm Beach Gardens. They plan to add Regions Bank 50 new jobs, with average salaries of$65,200, which is 150% of the County RSM McGladrey/McGladrey&Pullen average. SunTrust Bank Templeton&Company Wachovia Bank,N.A. The company is seeking several incentives from the State which require local Workforce Alliance,Inc. support. Currently, the County is proceeding with their application to provide the match for the QTI (Qualified Target Industry) Program. In addition, the company is Corporate Members requesting support from the City of Palm Beach Gardens in the amount of$50,000 as 1st United Bank a local match for the Governor's Closing Fund. Applefield Waxman,Inc. Aquila Property Company,Inc. This project represents an opportunity to retain and attract new jobs in a targeted Baron Sign Manufacturing industry: Headquarters operations. Using results from the IMPLAN model, the Broad and Cassel CB Richard Ellis,Inc. investment in our local economy is expected to produce total economic impacts from Commerce Bank direct, indirect and induced dollars as follows: $10.6 mil in output, $ 4.6 mil in wages, CompsonAssociates,Inc. and $284,000 in taxes. A summary of the analysis is attached. DoubleTree Hotel in the Gardens Express Personnel Services The company has requested confidentiality for their project as they are a privately- Florida Public Utilities Company held company GreenbergTraurig P.A. , therefore, their financial records will be available at the BDB office for Greenspoon Marder,P.A. review. As time is of the essence with this project, I have included the review Gresham,Smith&Partners performed by the County's Office of Finance, Management and Budget. Hodgson Russ,LLP JFK Medical Center The Business Development Board supports this application. Please do not hesitate K&L Gates,LLP to contact me if you have questions or require additional information. Lockheed Martin Corporation LRP Publications Office Depot Foundation Sincerely, Palm Beach Gardens Marriott Rendina Companies RML Video Production Services Becky Maga Rutherford Mulhall,P.A. Song+Associates,Inc. Vice President, Business Retention and Expansion South Florida Business Journal Sun-Sentinel Ward,Damon&Posner,P.A. West Palm Beach Marriott 31f1 FVFRNTA STRFFT_WFST PAT.M RFACI-T FT.A34(11 TBC CORPORATION Mr. Ron Ferris City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Project Live Oak Dear Mr. Ferris: TBC Corporation ("TBC" or the "Company"), headquartered in Palm Beach Gardens, Florida, is a tire retailer and wholly-owned subsidiary of Sumitomo Corporation of America. The Company is in the process of evaluating the closure of our western logistics unit and the transfer of our western regional headquarters unit. The western logistics business and the regional headquarters entities currently function as one unit. If TBC decides to relocate the western regional headquarters function, the Company plans to create over 50 high quality headquarters jobs, and potentially more, with an average wage of approximately $65,200. If the project moves to the Southeast or Northeast, few of the existing employees would be asked to transfer. TBC, therefore, has four options: (1) Leave the regional headquarters center as a stand-alone operation in Centennial, Colorado; (2) Move the management jobs to the regional headquarters in Memphis, Tennessee; (3) Move the management jobs to the regional headquarters in Eagleville, Pennsylvania; or (4) Move the management jobs to Palm Beach Gardens and incorporate into the existing national headquarters operation under the Shared Services unit. Each option is being evaluated based on various cost and operational efficiencies. The easiest decision from a short-term perspective would be to maintain the regional operations in Colorado, while closing down the logistical unit. However, Memphis is home to our TBC Private Brands regional headquarters and is the former location of our national headquarters prior to our move to Florida in March 2004. Eagleville, Pennsylvania currently houses our Treadways regional headquarters and provides synergies to integrate the western headquarters unit. TBC Corporation has sufficient leased and owned space at both these locations; accordingly, so we would not incur additional real estate procurement costs. Additionally, both Tennessee and Pennsylvania offer incentives which would assist TBC in reducing the cost of this relocation. Based on our initial review, labor costs and employee cost of living expenses would be lower in Colorado, Tennessee and Pennsylvania as compared to Palm Beach 7111 FAIRWAY DRIVE •FAIRWAY OFFICE CENTER,SUITE 201 •PALM BEACH GARDENS,FL.33418•PHONE:1561)2270955•FAX:(56117754995 Gardens, Florida. However, we are balancing the costs of the three regional locations against potential efficiencies gained from centralized headquarters management out of TBC's national headquarters in Palm Beach Gardens. In reviewing the opportunity to add employees to our national headquarters in Palm Beach Gardens the most significant benefit to the Company would be the centralization of corporate management. Additionally, as in many jurisdictions, the real estate market makes planning and obtaining additional space more feasible than in years prior. This is important because a review of TBC's national headquarters facilities in Palm Beach County indicates that there is no additional space for new employees in the three complexes that TBC currently occupies. A major facility reorganization would need to take place due to space limitations and because one current headquarters complex is split from the other two. If Palm Beach Gardens were chosen as the relocation site, there would be significant cost considerations as well as timing issues and logistical challenges. Moreover, TBC would be looking for offsets to increased employee labor costs. Therefore, TBC requests financial assistance and incentives to help minimize the cost of such a move, if it were to happen. The history between the Company and the State of Florida began in 1981 with the creation of the Tire Kingdom chain. As you may know, Tire Kingdom is a true Florida success story. The Tire Kingdom concept had its beginnings in a 200 square foot stall in the West Palm Beach Farmer's Market in 1972. By 1988, Tire Kingdom had expanded its presence throughout south Florida. Today, Tire Kingdom is a trusted name to millions of satisfied customers. In June 2000, TBC purchased Tire Kingdom. Then, in 2004, TBC moved its national headquarters from Memphis, Tennessee to Palm Beach Gardens. Immediately after the purchase and relocation, TBC invested significantly in Tire Kingdom and our headquarters operations. As a result, the Company has grown from approximately 78 jobs to 345 quality headquarters jobs. Of note, TBC did not request any assistance or incentives related to the Company's 2004 relocation or subsequent expansion. In addition, since Florida is home to our national headquarters, the state is also TBC's preferred site for national meetings and training seminars. Last month TBC brought together 1,600 retail and franchisee associates from across the country for its biennial trade show in Orlando. TBC has grown to become the nation's largest vertically integrated marketer of tires for the automotive replacement market. The Company has over 1,200 stores in 41 states and the District of Columbia which are supported by a workforce of approximately 10,000 employees. Moreover, TBC's operations include company-operated tire and automotive service centers under the"Tire Kingdom", "Merchant's Tire &Auto Centers" and "National Tire & Battery" brands, and franchised stores under the "Big 0 Tires" brand. TBC also markets on a wholesale basis to regional tire chains and distributors serving independent tire dealers throughout the United States, Canada, and Mexico. Currently, TBC maintains over 500 employees in over 280,000 square feet of leased space in Palm Beach County. As responsible corporate and private citizens, TBC and our employees believe in giving back to the communities in which we live and work. In Palm Beach County, TBC is involved with various civic and charitable organizations, including the American Heart Association, American Cancer Society, Able Trust. Seamark Ranch, Nicolas Children's Charity through The Honda Classic, Rick Wilkins Foundation, Take Stock in Children, Alex's Lemonade, Daily Bread Food Bank, Place of Hope, Boy Scouts, Youth Automotive Training Center, Autism Foundation through Tico Torres Classic, Junior League of Boca Raton, Palm Beach County Golf Association, Urban Youth Impact, and the Susan G. Kamen Breast Cancer Foundation. As previously mentioned, expanding the headquarters operation in Palm Beach Gardens is one of four options TBC is considering. Any potential change involving an expansion of TBC's corporate presence in Florida will come with costs. The availability of tax incentives and other financial assistance is a very important criterion for Project Live Oak. Therefore, TBC respectfully requests support from the City of Palm Beach Gardens in the amount of$50,000 as a local match for the Governor's Closing Fund. TBC appreciates your interest in our project and we look forward to future discussions. Sincerely, TBC C• ation Tile ly Miller i ecutive Vice-President, CFO and Treasurer cc: Lawrence Day, TBC Charles Zacharias, TBC Kyle Benko, TBC Diana Goetz-Secore, TBC Becky Magaw, Business Development Board of Palm Beach County W. Hartley Powell, KPMG Charlotte Richard Cathy, KPMG Atlanta Lori Fields, KPMG Fort Lauderdale 1 RESOLUTION 53, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A GRANT TO TBC 6 CORPORATION IN THE AMOUNT OF $50,000 AS A LOCAL 7 MATCH FOR THE GOVERNOR'S CLOSING FUND FOR A 8 PROGRAM OTHERWISE REFERRED TO AS "PROJECT LIVE 9 OAK"; PROVIDING CONDITIONS OF APPROVAL FOR THE 10 FUNDING OF THE GRANT; PROVIDING AN EFFECTIVE DATE; 11 AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, the Business Development Board of Palm Beach County has 15 approached the City of Palm Beach Gardens to request a Job Growth Incentive Grant 16 ("Grant") for TBC Corporation in the amount of$50,000; and 17 18 WHEREAS, TBC Corporation has also applied to Palm Beach County for a 19 separate Job Growth Incentive Grant, which is scheduled for the Palm Beach County 20 Board of County Commissioners meeting on June 2, 2009; and 21 22 WHEREAS, TBC Corporation is currently headquartered in Palm Beach Gardens 23 and has grown to become the nation's largest vertically integrated marketer of tires in 24 the automotive replacement market; and 25 26 WHEREAS, TBC Corporation is considering the expansion of its operations to a 27 new 75,000-square-foot facility in the City of Palm Beach Gardens as part of a 28 nationwide restructuring plan; and 29 30 WHEREAS, TBC Corporation is also considering four (4) other locations for this 31 new facility, which would eliminate jobs in the City of Palm Beach Gardens and move 32 them out of the state; and 33 34 WHEREAS, the Grant would serve as a required local match for the Governor's 35 Closing Fund ("GCF"); and 36 37 WHEREAS, without the City's Grant, the requested funds in the amount of 38 $400,000 from the GCF will not be approved for TBC Corporation; and 39 40 WHEREAS, the Grants requested are necessary for the expanded facility to be 41 built in the City of Palm Beach Gardens; and 42 43 WHEREAS, the Grant would provide at least fifty (50) new jobs in the City of 44 Palm Beach Gardens, with an average salary of $65,200; and 45 46 Resolution 53,2009 1 WHEREAS, the Grant would help save approximately fifty (50) existing local 2 jobs; and 3 4 WHEREAS, the City currently has funds for the purposes of economic 5 development opportunities; and 6 7 WHEREAS, the City Council has considered the recommendations of the various 8 City of Palm Beach Gardens review agencies and staff; and 9 10 WHEREAS, the City Council has deemed approval of this Resolution to be in the 11 best interest of the citizens and residents of the City of Palm Beach Gardens. 12 13 14 NOW, THEREFORE, BE IT RESOLVED 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 Grant for TBC Corporation in the amount of $50,000 is hereby 20 APPROVED. 21 22 SECTION 3. This approval is subject to the following conditions, which shall be 23 the responsibility of TBC Corporation: 24 25 1. The Grant shall only be issued if TBC Corporation chooses to locate its new 26 +1- 75,000-square-foot facility within the City of Palm Beach Gardens. 27 28 2. The Grant funds shall not be issued until the local expansion is complete and 29 evidence is provided to the City of Palm Beach Gardens that the new fifty (50) 30 additional jobs are in place. 31 32 SECTION 4. This approval shall be consistent with all representations made at 33 any workshop or public hearing. 34 35 SECTION 5. This Resolution shall become effective immediately upon adoption. 36 37 38 (The remainder of this page left intentionally blank) 39 40 41 42 43 44 45 46 2 Resolution 53,2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 Joseph R. Russo, Mayor 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, CMC, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 R. Max Lohman, City Attorney 23 24 25 26 VOTE: AYE NAY ABSENT 27 28 MAYOR RUSSO 29 30 VICE MAYOR LEVY 31 32 COUNCILMEMBER JABLIN 33 34 COUNCILMEMBER BARNETT 35 36 COUNCILMEMBER PREMUROSO 37 38 39 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Reso 53 2009-the Corp grant.docx 3 0 CITY OF PALM BEACH GARDENS A Palm Be OWidens n I COUNCIL AGENDA cp ✓' 6 4. June 4,2009 �' 7:00 P.M. 1 17 *► * Mayor Russo t Vice Mayor Levy sir i`� Council Member 900-42.S aS : :0a Council Member Barnett 64J : (l•'(17 Council Member Premuroso I. PLEDGE OF ALLEGIANCE H. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS/PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda,please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Staff Report on Page 4. Resolution on Pave 3S. Resolution 39, 2009 — Ground c)fr,U4-1 lease with TowerCo Assets, LLC. A Resolution of the City Council of the City of c-9 Palm Beach Gardens, Florida approving the Second Amendment to the ground lease with TowerCo Assets LLC and the City of Palm Beach Gardens for the telecommunications tower at Lilac Park; providing an effective date; and for other purposes. b. (Staff Report on a on Resolution 40, 2009 — Ground lease with T-Mobile South LLC. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the ground lease between T-Mobile South LLC and the City of Palm Beach Gardens providing an effective date; and for other purposes. IX. PUBLIC HEARINGS: Part I - Quasi-judicial a. (Staff Report on Page Si. Re■nlution on Page 95 Resolution 43, 2009 - Northcorp Corporate Park PCD. Master Signage Program Amendment A Q , , Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Master Sign Program for the Northcorp Corporate Park Planned -To 7/I b/( 9 Community Development(PCD), generally bounded by the Gardens Station PUD to the North,Interstate 95 to the West, Burns Road to the South, and the FEC Railway to the East, as more particularly described herein; providing conditions of approval; providing waivers; providing an effective date; and for other purposes. Part 11 - tion-Quasi-judicial X. RESOLUTIONS: a. (Staff Report on Pave 120, Resolution on Page 123' Resolution 54, 2009 - Grant approval. A Resolution of the City Council of the City of Palm Beach QA Gardens, Florida requesting the assistance of Governor Crist and Florida Department of Transportation Secretary Ktipgouso°s o prioritize the Intercity Rail Component of the FEC Corridor Project (from Jacksonville to Miami) as part of the Federal Economic Stimulus Package for the State of Florida; providing an effective date; and for other purposes. XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: �a. (Page 126)Discussion of Special Events and Signs. b. (Page 143) Sancilio & Company, Inc. (aka "Project Flintstone") request for an economic development loan from the City of Palm Beach Gardens. (Page 164) TBC Corporation (aka "Project Live Oak") request for job growth incentive grant. Resolution 53,2009 is a companion item to TBC Corporation aka "Project Live Oak" and will require Council action. (Resolution on Page 170) Resolution 53, 2009 - Grant Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Grant s-D to TBC Corporation in the amount of$50,000 as a local match for the Governor's closing fund for a program otherwise referred to as"Project Live Oak"; providing conditions of approval for the funding of the Grant; providing an effective date; and for other purposes. d. MacArthur Statue location discussion. XIII. CITY ATTORNEY REPORT: XIV. 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. 4. ; CITY OF PALM BEACH GARDENS �,,,,palm Beach Gardens COUNCIL AGENDA June 4, 2009 I ,i ',5 7:00 P.M. Mayor Russo u_ s Vice Mayor Levy soth Council Member Jablin o Council Member Barnett sT: 9;rn a yap a/ Council Member Premuroso PLEDGE OF ALLEGIANCE II. ✓ROLL CALL S p III. ✓ADDITIONS, DELETIONS, MODIFICATIONS: IV ✓ANNOUNCEMENTS / PRESENTATIONS: POW(( 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.'7CONSENT AGENDA: a. (Staff Report on Page 4, Resolution on Page 38) Resolution 39, 2009 — Ground lease with TowerCo Assets, LLC. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Second Amendment to the ground lease with TowerCo Assets LLC and the City of Palm Beach Gardens for the telecommunications tower at Lilac Park; providing an effective date; and for other purposes. b. (Staff Report on Page 50, Resolution on Page 74) Resolution 40, 2009 — Ground lease with T-Mobile South LLC. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the ground lease between T-Mobile South LLC and the City of Palm Beach Gardens providing an effective date; and for other purposes. iP IX. PUBLIC HEARINGS: Part I— Quasi-judicial a. ,/(Staff Report on Page 81, Resolution on Page 98) Resolution 43, 2009 - L Northcorp Corporate Park PCD. Master Signage Program Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida P amending the Master Sign Program for the Northcorp Corporate Park Planned IC Community Development (PCD), generally bounded by the Gardens Station PUD 'u to the North, Interstate 95 to the West, Burns Road to the South, and the FEC Railway to the East, as more particularly described herein; providing conditions of approval; providing waivers; providing an effective date; and for other purposes. Part II—Non-Quasi-judicial X. RESOLUTIONS: a. I/ (Staff Report on Page 120, Resolution on Page 123) Resolution 54, 2009 — Grant approval. A Resolution of the City Council of the City of Palm Beach s_o Gardens, Florida requesting the assistance of Governor Crist and Florida Department of Transportation Secretary Kopelousos to prioritize the Intercity Rail Component of the FEC Corridor Project (from Jacksonville to Miami) as part of the Federal Economic Stimulus Package for the State of Florida; providing an effective date; and for other purposes. XI ORDINANCES: (For Consideration on First Reading) N01vy XII.✓ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 126) Discussion of Special Events and Signs. isKi,vb RASOb. (Page 143) Sancilio & Company, Inc. (aka "Project Flintstone") request for an ,spy& poor Mern+ti economic development loan from the City of Palm Beach Gardens. 5--0 c. (Page 164) TBC Corporation (aka "Project Live Oak") request for job growth incentive grant. Resolution 53, 2009 is a companion item to TBC Corporation aka "Project Live Oak" and will require Council action. (Resolution on Page 170) Resolution 53, 2009 — Grant Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Grant c -O to TBC Corporation in the amount of$50,000 as a local match for the Governor's closing fund for a program otherwise referred to as "Project Live Oak"; providing conditions of approval for the funding of the Grant; providing an effective date; and for other purposes. d. MacArthur Statue location discussion. A. XIII. CITY ATTORNEY REPORT: Neiaol XIV. 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. Comments From The Public Request to Address City Council Please Print Name: t'Zr - ,P L &. Address: om ►-.., yip 1c,_ City: t..� �G.✓�� Subject: _ Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: Address: ► e � � f /^ City: ,A ,� Ft 3 ? y , Subject: i ti t� Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: le A--P1 Address: City: Subject: /�TV Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: A a/ 5+ rc . Address: d J ' a --e D r City: D .- Subject: lna� nr 54-4 44 Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: U-C7\\11- Address: City: Subject: , Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: Address: /40e5) • City: "740 rr Subject: Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Th Name: � MAT V1- 1 � ✓✓ ) ►✓ As(��" Address: ? 6. T \ Qa SLid City: PC;(,)-' Subject: C) CJ -Nt- .Zet 4A- ` O ✓cam r 'V-,i c kif &A, \ 14- AAA-tV r>JAIL uy Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: Address: City: Subject: Ij■ , ,e Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: C1oL' J C 1+4 Pt- 4K Address: 7 /5 H- UDOAI 13)A ' . City: P C Lt B rC;-1- 6 1)_F F Subject: \i/ RI O U _ l'V OT Oro A- G F O 4 Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. CITY COUNCIL MEETING 06/04/09 PROPOSED ADDITIONS. DELETIONS 1NF) 1iODIFW kTIONS ADDITIONS. Under City Manager Report Acceptance of Annual Compliance Report for Accreditation of the City's Fire Department. Police Department Explorers Regional Competition Recognition. Honda Classic Donation for the Boundless Playground at PGA Park. DELETIONS: Under Part I — Quasi-judicial Resolution 43, 2009 - Northcorp Corporate Park PCD. Master Signage Program Amendment. Cotleur & Hearing has requested a postponement of this item to date certain of July 16, 2009. A copy of the letter from Ms. Kalfin has been provided for each member of Council. MODIFI(::A l IONS: ITEMS FOR COUNCIL ACTION/DISCUSSION: Item a. Discussion of Special Events and Signs. To be moved to City Manager Report. Item c. Resolution 53, 2009 — Grant Approval There have been minor language changes to the Resolution. Copies have been provided to each member of Council. KRz UR (c,`I/VT C4P-7 Lean/NL Nkte,Tul Tonight we are holding quasi-judicial hearings on the following cases •Resolution 43, 2009 - Northcorp Corporate Park PCD. Master Signage Program Amendment. 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. 614 Q crsi C,Ja)UZ ,rte-rei,vt,f •-0 tJcgt1 Dare-4, 7a COI Cc✓,NclL l Children's Healthcare Charity, Inc. 631 U.S.Highway One• Suite 410•North Palm Beach,Florida 33408• 561.799.2747• 561.624.9495 Fax RECEI ED JUN -12009 May 20,2009 BY: Jack Doughney City of Palm Beach Gardens 10500 N. Military Tr. Palm Beach Gardens, FL 33410 Dear Jack, On behalf of American Honda Motor Corporation and the Board of Directors of Children's Healthcare Charity, Inc.,we are pleased to present City of Palm Beach Gardens with a contribution of$10,000 from the net proceeds of the 2009 Honda Classic. The contribution is for the benefit of our community through continued development of the Boundless Playground at PGA Park. Asa 501c3 non-profit organization based in Palm Beach County,it gives us great pleasure to support charitable initiatives focused on the health and well-being of the children of our community through medical, educational and social programs. We can't thank the City of Palm Beach Gardens enough for our tremendous partnership. Since our inception in 2006,we have been fortunate to contribute over $1.8 Million to charity. This is a testament to the goodwill of over 300 local businesses, the commitment of 1,300 volunteers, the dedication of The Honda Classic management team, our host city and the thousands of residents who come together each year to help us showcase Palm Beach Gardens to the world,while making a significant impact to those in need. As we continue on our mission to make a positive impact on the welfare of our children, we look forward to growing our partnership in 2010 and beyond. Regards, 01" Kenneth R. Kennedy Ed McEnroe r Executive Director Tournament Director ;'' r • et,VI 3 rrn q0 Honda Class/a Host Organization of The Honda Classic • Official Event /y wife 7Nj rx; )•-14.G17 Cllv,vuZ f'1 l PRt.JP Jtck JAALA- r� jL, v J' 4oie-r,04- J. ,�„y(i fu_„4, ,.a I u AU" S Cotleur & Hearing 1934 Commerce Lane • Suits 1 • Jupiter,Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 www.cotleurhearing.com • Lic#LC-0000239 June 4th, 2009 Mr. Richard Marrero City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410-4698 Re: NorthCorp Corporate Park Master Signage Plan MISC-08-05-000045 June 4th, 2009 City Council Meeting Postponement CH Project#07-0805 Dear Richard: Please accept this letter as your written authorization requesting postponement of the NorthCorp Corporate Park Master Signage Plan agenda item from the June 4th, 2009 City Council meeting to the July 16th, 2009 City Council meeting. We would ask that Staff open this item for discussion and close it allowing it to be postponed to the above referenced July 16th, 2009 date. Please feel free to contact me if you have any questions or concerns. Thank you for your cooperation in this matter. Sincerely, /4,rr / Alessandria Kalfin Land Use Planner Cotleur & Hearing, Inc. cc: D. Hearing/J. Griffin Council Meeting: June 4, 2009 RESOLUTION 53, 2009 Proposed Revision (Proposed language is shaded) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A GRANT TO TBC CORPORATION IN THE AMOUNT OF $50,000 AS A LOCAL MATCH FOR THE GOVERNOR'S CLOSING FUND FOR A PROGRAM OTHERWISE REFERRED TO AS "PROJECT LIVE OAK"; PROVIDING CONDITIONS OF APPROVAL FOR THE FUNDING OF THE GRANT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, TBC Corporation is considering the expansion of its operations to a-new-75,00 --square-fmot locate its global headquarters facility in the City of Palm Beach Gardens as part of a nationwide restructuring plan; and *** SECTION 3. This approval is subject to the following conditions, which shall be the responsibility of TBC Corporation: 1. The Grant shall only be issued if TBC Corporation chooses to locate its -- !9 9 - _- - _ _ - global headquarters within the City of Palm Beach Gardens. *** 6/.401 ci ,c een►l° -0 1-WU eare.J- 'm U}' Cr NULajo Q.&,GJJ2,..*aI �a p �. 17 _ etry I' -^OA fiLpar. - Officer Ellen Lovejoy Public Information Officer p * * �U ( Palm Beach Gardens Police Department * *10:�t"' 10500 N. Military Trail * Palm Beach Gardens, FL 33410 '} Phone: (561) 799-4511 \414121, 12Gith'n ® Email: elovcjuy utiuri cu n pbgfl.com FOR IMMEDIATE RELEASE June 3, 2009 PALM BEACH GARDENS POLICE EXPLORERS PLACE FIRST IN COMPETITION Palm Beach Gardens, FL —Palm Beach Gardens Police Department proudly recognizes our Police Explorers who recently achieved 1st place in the"Exploring Law Enforcement Challenge" which was held on May 9, 2009,at St. Lucie Fairgrounds in Port St. Lucie, FL. An awards banquet honoring the competition winners was held on May 29, 2009, at the Palm Beach Gardens Marriott. Palm Beach Gardens Police Department's Explorer Post competed against other police explorer posts from Martin, Palm Beach, and St. Lucie Counties in a variety of real life scenarios including traffic stops, domestic intervention and assailant control. Competitors were judged on their professionalism, knowledge and control of the scene. Palm Beach Gardens was awarded 1st Place overall, winning trophies in Assailant Control, Traffic Stops, Crime Scene, Domestic Crisis Intervention and High Risk Traffic Stops. Police Explorer Captain Daniel Abraria was named Police Explorer of the Year, for the Gulf Stream Council, which comprises Palm Beach, Martin, St. Lucie, Indian River, Okeechobee, and parts of Glades and Henry Counties. Abraria was also the proud recipient of the Learning for Life Leadership Award. This is a distinguished award for Explorers who have given exceptional leadership in exploring programs and demonstrated exceptional dedication to the youth participants. Attached is a photo of Palm Beach Gardens Police Explorer Post #704, members are listed left to right as follows: 1s1 Row - Police Explorers Dylan Moore, Robert Artola, Tikania Zuniga, Annelin Marzoa, Kirsten Ericksson and Kyle Brewer 2"d Row —Explorer Sergeant Fernandez Jones, Explorers Michael Mclean and Shane Hicks, Explorer Sergeants Ben Triana and Nate Guin, Explorer Captain Daniel Abraria, Explorer Sergeant Brycen VanAntwerp, and Explorers Chris Alfaro and Matt Ferris. Please contact Officer Rich Pearce of the Community Involvement Unit at 561-799-4514 for any additional information. ### .1 kir I•A Jll�l � I i It 7,10, { 11 J� �, ..,,fix - i :< < � ten. �_-. 4t - ..5 It -L �i /‘ ,.i 44 y y _ er 'Dolor 0 k �� GY '' pr Ai.. .. __ ' -. a 1 , / ti ., 4- ., ,:' .-#34k.c.'',,-* *, ,'..i iti+„ ......„ Y ' f t riVf(7,.. ,- 4 i 1 • • . , . tik,{_..,-gs t:: (6 , f 'I- 1J-4: so .1„ ,. . ., „ ... . . . 1.,41,... ._ ".. _.,..._11,,: j .,, , ,.. "4 .. pimillP 10'.)1,1.7:, _+Vold wry. + I .A 1 Ally ,� (� 0 4i f lit 'gig ' � %_:. _. i \ i 4.. ..... .c, f it ,.,...!4:-. iT .4., * �' ti4,k._, .)1(J441 \ it lc 1 c. :.. ..5,-.,. . p... , -,-, ,.--- .....,:-___ t}'' - ) •j .. , !.. . - 1.i \IP' f • if , 14 °-6.--‘,1.''''. iiii'd tik, 11 1, 4 i INA l■ ' .,,, ' '‘, _ i --see t 1 11 `k ' - r \f �.ti4� 17 �.i �-,• t‘N' k IlL ..,. i 6 1ylOQ co-y CouA e;t- /leer-)v■ - 131Jr !3✓r ■ 7 ' thy Cov%✓c.,c Pitelad-k- Gay 140^4}1.44. &P Ps a CPSE I Center for 4501 Singer Court, Suite 180 4 Chantilly,VA 20151 Public Safety (866)866 2324 T Excellence (703)961-0113 F � / www.publicsafetyexcellence.org May 21, 2009 Chief Peter Bergel Bergel Palm Beach Gardens Fire Rescue 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Dear Chief Bergel, The Statement of Findings on your Annual Compliance Report was reviewed at the semi-annual commission teleconference on May 19, 2009. It is my pleasure to inform you that the commission voted unanimously to accept the Palm Beach Gardens Fire Rescue Annual Compliance Report. You are congratulated on your efforts and those of the personnel in your department. Your continued dedication to the self assessment process will certainly result in the continued professional development of your organization. Once again, congratulations. Sincerely, \ r r v Ernst Piercy I CFAI Chairman EP/rb cc: Deputy Chief C.R. Brown, Accreditation Manager CFhl Commission on Lf'c Commission on ,�c Fire Accreditation Professional `U Chief Fire Officer International Credentialing