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Home My WebLink AboutAgenda Council Agenda 020107 City of Palm Beach Gardens Council Agenda February 1, 2007 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Jablin Vice Mayor Barnett Council Member Levy Council Member Valeche CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 1, 2007 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Recognition of Zack Miner for his assistance at Baseball Camp. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 5) Approve Minutes from December 21, 2006 regular City Council meeting. b. (Page 10) Approve Minutes from January 4, 2007 regular City Council meeting. c. (Staff Report on Page 14, Resolution on Page 16) Resolution 15, 2007 – Lease Agreement with Siemens Financial Services, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a four (4) year lease agreement with Siemens Financial Services, Inc. for Golf Maintenance Equipment from Hector Turf via an existing agreement with the State of Florida, contract no. 515-630-060-01; authorizing the Mayor and the City Clerk to execute said agreement; and providing an effective date. d. (Page 137) Proclamation - “Municipal Election Education Week”. e. (Page 138) Proclamation – The 12th Annual Children’s Week “Celebrating Parents and Children”. IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 139, Resolution on Page 170) Resolution 4, 2007 - Latitudes in the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for the 9.0-acres of “Parcels A & B” of the Parcel 31.04 Mixed-Use Planned Community Development (MXD/PCD), generally located at the Southeast corner of Central Boulevard and the future extension of Victoria Falls Boulevard, as more particularly described herein, to be referred to as “Latitudes in the Gardens”, to allow the development of 9,000 SF of restaurant use, 15,000 SF of retail use, 38,000 SF of medical office use, and 14,866 SF of professional office use; providing for waivers; providing for conditions of approval; and providing an effective date. b. (Staff Report on Page 200, Resolution on Page 204) Resolution 8, 2007 - Waiver for Cobb Movie Theatre Tenant Wall Sign. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving an increase in the copy area of the Cobb Theatre sign located on the West elevation of building “A” at Downtown at the Gardens within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing a waiver; and providing an effective date. Part II – Non-Quasi-judicial a. (Staff Report on Page 240, Ordinance on Page 249) Ordinance 23, 2006 – (2nd reading and adoption) Addresses, subdivision names and street names. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to street names and addresses; creating a new Section 78-28, of the City Code of Ordinances, entitled “Addressing Committee”; amending section 78-275, City Code of Ordinances, entitled “Addresses”; amending section 78-483, City Code of Ordinances, entitled “Subdivision Name”; and amending section 78-493, City Code of Ordinances, entitled “Street Names”; providing for codification; and providing an effective date. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 253, Ordinance on Page 270) Ordinance 1, 2007 – Updating the procedures and guidelines applicable to the City Art in Public Places program. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Art in Public Places to clarify and update the procedures and guidelines applicable to the City’s Art in Public Places program; repealing Section 78-261, Code of Ordinances entitled “Definitions”; Repealing Section 78- 262, Code of Ordinances entitled “Fee Imposed on Developments”; creating a new Section 78-261, Code of Ordinances to be entitled “Art in Public Places Requirements”; creating a new Section 78-262, Code of Ordinances to be entitled “Standards for Artwork”; creating a new Section 78-263, Code of Ordinances to be entitled “Waivers”; providing for codification; and providing an effective date. XII. ITEMS FOR COUNCIL ACTION/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 REGULAR MEETING December 21, 2006 The December 21, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 p.m. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and opened with the pledge of allegiance. A moment of silent prayer was observed for the son of city employee Sheryl Stewart, who was fighting for his life, and the staff was thanked for donating blood. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin, Councilmember Levy, and Councilmember Valeche. ANNOUNCEMENTS / PRESENTATIONS: Grant check in the amount of $5,000 from Firemen’s Fund Insurance for the purchase of carbon monoxide testing equipment. Presentation of the check from the Veteran’s Day Golf Tournament - Mayor Russo presented a check for $20,000 to Paul Russo, Associate Director, Department of Veterans Affairs, and Mary Phillips, Chief of Voluntary Service, at the Veterans Hospital, on behalf of the City. Councilmember Valeche reported that last year the City passed a Resolution urging that veterans health benefits be fully funded, and expressed confidence that the Bill would be passed by Congress. Mr. Russo and Ms. Phillips expressed their thanks. Mayor Russo presented plaques of appreciation to sponsors of the golf tournament, which were accepted by representatives of the Gardens Mall, Menin Development, and Waste Management. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: Vice Mayor Barnett wished everyone a happy holiday season and Happy New Year. Councilmember Levy commented today was winter solstice, the shortest day of the year. Councilmember Levy reported attending the Recreation Advisory Board meeting, and that the board was working on changes to the PGA Park Master Plan. Councilmember Levy also reported there was a call to artists out for public art for the Lakeside Community Center. Councilmember Valeche echoed the Vice Mayor’s wish for happy holidays and Happy New Year and thanked the residents who came to the tree lighting and Hanukah celebrations, thanked staff for their great work on these events, and reported that a meeting of the Palm Beach County Legislative Delegation had been held in the newly renovated Burns Road Recreation Center, and that he had received many compliments on the renovation. Councilmember Jablin also wished everyone happy holidays and thanked staff for their work on the holiday parties. Councilmember Jablin reported discussion at the Metropolitan Planning Organization meeting regarding federal funding of the PGA Boulevard extension West of Seminole Pratt Whitney Road, which was not moving forward, and funding for Martin Luther King Highway which had been approved but there were not sufficient funds. Commissioner Marcus had written a letter requesting reallocation of the PGA Boulevard funds to the Martin Luther King Highway, and asked the City to also write a letter. Councilmember Jablin announced he had been appointed to a subcommittee of the Metropolitan Planning Organization to discuss joint issues relating to Martin County and Palm Beach County, and at their meeting a presentation had been made regarding State Road 710, which he provided to the City Engineer and staff, noting an interchange was proposed at State Road 710 and I-95. If that did not happen and there was Western development, traffic would increase on PGA Boulevard, so he wanted to be sure that interchange would go into effect before any Western development. Councilmember Jablin advised that not enough submissions had been received for the public art proposed for the Lakeside Community Center, so an art consultant would be hired in hopes of receiving more and higher quality submissions, CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/21/06 2 also having an artist under contract by April in order to receive a grant. Mayor Russo wished everyone happy holidays, and expressed thanks for a great year with projects coming to fruition, increased services, decreased taxes, and Scripps to be located here. Mayor Russo reported attending the Hanukah and Christmas celebrations, the senior lunch, the legislative delegation, and Economic Council Holiday meeting. The Mayor discussed the possibility of bringing Yale here for the biotech cluster, and working with the County on a solution to bus stops. COMMENTS FROM THE PUBLIC: Jeff Miller, Prosperity Pines, reported the Cabana Colony canal adjacent to their development, which had been deeded to the public by Mrs. MacArthur, was not being maintained by either the City or the County, and requested the City maintain the canal. Dan Clark, City Engineer, provided a history which indicated the County owned the canal. Discussion ensued. A meeting was requested with the County, and possibly Northern Palm Beach County Improvement District and Department of Environmental Protection, to discuss responsibility. Vito DeFrancesco, Shady Lakes, provided a slide presentation regarding a preserve waiver granted for a preserve with 80 feet, and expressed his disagreement with previous comments made by the City Forester. Council discussion ensued. Vice Mayor Barnett indicated she would meet with Mr. DeFrancesco. Eugene Halper, resident of BallenIsles, reported his view of the BallenIsles golf course had been blocked by trees planted by the City, and requested there be no further plantings that would block his view. Kara Irwin reported BallenIsles was working with the City Forester on this issue. Councilmember Jablin commented that Mr. Helper was a WWII hero. Roger Blangy, Garden Woods, presented a letter sent to the Department of Transportation and to the City November 14, 2006, requesting an administrative hearing regarding safety items not previously addressed for the railroad crossing at Kyoto Drive. City Attorney Tatum reported the matter had been closed. Mayor Russo confirmed that Department of Transportation and the City would be handling this request for a new hearing. CONSENT AGENDA: Councilmember Jablin made a motion to approve the consent agenda. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved on the consent agenda: a. Approve Minutes from November 2, 2006 regular City Council meeting. b. Approve Minutes from November 16, 2006 regular City Council meeting. c. Approve Minutes from December 7, 2006 regular City Council meeting. PUBLIC HEARINGS: Part I – Quasi-judicial - Mayor Russo described the procedures that would be followed in tonight’s quasi-judicial cases. The City Clerk swore in all those intending to testify in any of tonight’s cases. Resolution 145, 2006 – Mirasol Tract L Plat. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving the Mirasol Tract L Plat; and providing an effective date. The City Clerk read Resolution 145, 2006, by title only. Mayor Russo declared the public hearing open and called for exparte communication. There were no exparte communications. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved approval of Resolution 145, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Part II – Non-Quasi-judicial Resolution 143, 2006 – Evaluation and Appraisal Report (EAR) 2005 “Major Issues”. A Resolution of the City Council of the City Palm Beach Gardens, Florida adopting the 2006 Evaluation and Appraisal Report (EAR) of the Comprehensive Plan as attached hereto and incorporated herein; and providing an effective date. The City Clerk read Resolution 143, 2006, by title only. Mayor Russo declared the CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/21/06 3 public hearing open. Brad Wiseman presented the staff report. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved approval of Resolution 143, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Ordinance 17, 2006 - (2ndreading and adoption) - Large Scale Future Land Use Map Amendment (Future Land Use Element). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Future Land Use Map of the Comprehensive Plan of the City of Palm Beach Gardens to apply the Bioscience Research Protection Overlay (BRPO) to certain properties with an underlying comprehensive plan designation of MXD or I, generally located in the I-95 corridor, as more particularly described herein, consisting of approximately 591 acres, more or less; and providing an effective date. The City Clerk read Ordinance 17, 2006 by title only on second reading. Mayor Russo declared the public hearing open. Growth Management Administrator Kara Irwin presented the staff report, and responded to questions from the City Council. Ling Li, staff scientist at Scripps Research Institute, asked the implication to residents at The Legends, to which Ms. Irwin responded this would not affect them. It was confirmed for Ms. Li that buffers would be maintained along I-95. Mr. Domingos Nobile, an owner at Legends of the Gardens, was concerned that property might be taken, and was assured that would not happen. It was confirmed for Carolyn Chaplik, 715 Hudson Bay Drive, that Loehmann’s Plaza was not included in the biotech overlay, but would be in the PGA Corridor overlay. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved adoption of Ordinance 17, 2006 on second reading by title only, as amended. Councilmember Levy seconded the motion. City Attorney Tatum read into the record the amendments—that total acreage would change from 591 approximate acres to 572; precise acreage would change to 571.79; on page 3 the legal description of The Gardens Corporate Center would be deleted; and on page 11 the legal description of Loehmann’s Plaza would be deleted. Motion carried by unanimous 5-0 vote. Ordinance 18, 2006 - (2nd reading and adoption) - Text Amendment to the Future Land Use Element (FLUE). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Future Land Use Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the creation of a Bioscience Research Protection Overlay (BRPO); and providing an effective date. The City Clerk read Ordinance 18, 2006 by title only on second reading. Mayor Russo declared the public hearing open. There were no questions of staff. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved adoption of Ordinance 18, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Ordinance 19, 2006 - (2nd reading and adoption) - Text Amendment to the Economic Development Element (EDE). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Economic Development Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the creation of a Bioscience Research Protection Overlay (BRPO); and providing an effective date. The City Clerk read Ordinance 19, 2006 by title only on second reading. Mayor Russo declared the public hearing open. There were no questions of staff. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved adoption of Ordinance 19, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Ordinance 20, 2006 - (2nd reading and adoption) - Text Amendment to the Intergovernmental Coordination Element (ICE). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Intergovernmental Coordination Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the creation of a Bioscience Research Protection Overlay (BRPO) CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/21/06 4 and the Bioscience Land Protection Advisory Board; and providing an effective date. The City Clerk read Ordinance 20, 2006 by title only on second reading. Mayor Russo declared the public hearing open. There were no questions of staff. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved adoption of Ordinance 20, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. RESOLUTIONS: Resolution 146, 2006 - Municipal Home Rule. A Resolution of the City Council of the City Palm Beach Gardens, Florida supporting and endorsing the principles of Home Rule and adopting the policies set forth below to support the premise that the City should have the authority to govern within its jurisdiction and that such authority should not be eroded; and providing an effective date. Councilmember Jablin moved adoption of Resolution 146, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Resolution 147, 2006 –Applicants for development approval. A Resolution of the City Council of the City Palm Beach Gardens, Florida establishing a policy related to meetings with applicants for development approvals; and providing an effective date. Discussion ensued regarding how this could be enforced and how information would be entered into project files. Consensus was a resolution was not needed, and that current procedure was fine. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/21/06 5 ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 8:46 p.m. APPROVAL: ____________________________________ MAYOR RUSSO ____________________________________ VICE MAYOR BARNETT ____________________________________ COUNCILMEMBER JABLIN ____________________________________ COUNCILMEMBER LEVY ____________________________________ COUNCILMEMBER VALECHE ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 4, 2007 The January 4, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:04 p.m. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and opened with the pledge of allegiance. Mayor Russo reported Sheryl Stewart’s son was doing better and requested a moment of prayer, ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin, Councilmember Levy, and Councilmember Valeche. ANNOUNCEMENTS / PRESENTATIONS: Professional Excellence Award – Mayor Russo presented Charlotte Presensky, Recreation Director, with the award and thanked her on behalf of all those who use the City parks. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: Vice Mayor Barnett announced the Community Aesthetics Board had met and reorganized. The Vice Mayor reported on perceived discrepancies with the Midland/Borland project and suggested the code be clarified or waivers be stated more accurately to avoid questions after a project was approved, and that the wording for lakes be clarified in the code. Councilmember Levy reported energy saving florescent light bulbs lasted eight times longer and used one-fourth of the power. Councilmember Valeche recalled the “Mr. Wizard” program, and suggested naming Councilmember Levy “Mr. Wizard”. Mayor Russo reported he had attended a North Palm Beach event recognizing a portion of a street named after Jack Nicholaus; and announced the Zack Minor baseball clinic would be held the next weekend. COMMENTS FROM THE PUBLIC: Carolyn Chaplik, 715 Hudson Bay Drive, reported she was glad to be a part of the Recreation Department’s award, but was disappointed and upset regarding what was reported in the newspapers about the high rise charrette, indicating that there were other hot spot areas that were not reported. Ms. Chaplik indicated she did not believe areas were represented fairly at the charrette and she felt the fairest way to get opinions would be to place it on a referendum. Consensus was for staff to e-mail newspaper articles to Council. Eileen Tucker, Shady Lakes, reported a petition was circulated at the Green Market, and expressed the feeling the City had not worked with the residents who did not want more growth. Lynn Metcalf, Sabal Ridge, confirmed with Kara Irwin she had received material she had dropped off; and commented on palm trees that were planted in the preserve near her home. Vito DeFrancesco, Shady Lakes, reported his name was reported as attending the charrette when he had actually been out of the country at that time. It was pointed out that Tom Sosey who had attended the charrette was the individual that added Mr. DeFrancesco’s name to the list. CONSENT AGENDA: Councilmember Jablin made a motion to approve the consent agenda. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved on consent agenda: a. Resolution 2, 2007 – Approve an agreement with the Children’s Healthcare Charity, Inc. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving an agreement with the Children’s Healthcare CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/4/07 2 Charity, Inc. for the 2007 Honda Classic PGA Golf Tournament to provide temporary volunteer parking, a public safety grant for off-duty police and fire personnel, and an operations support grant to provide reimbursement for labor, supervision, materials, and supplies for the operation of the event; and providing an effective date. b. Resolution 5, 2007 - Application for Palm Beach County EMS Grant Funds. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving application to the Palm Beach County Emergency Medical Services Surcharge Fund; authorizing the Mayor and the City Clerk to execute said agreement; and providing an effective date. c. Proclamation – Childhood Cancer Awareness Week. d. Proclamation - We Can Day (Ways to Enhance Children’s Activity and Nutrition) PUBLIC HEARINGS: Part I – Quasi-judicial – Mayor Russo announced the procedures that would be followed in tonight’s quasi-judicial hearing. The City Clerk swore in all those intending to offer testimony. Resolution 01, 2007 - Borland Center Replat. A Resolution of the City Council of the City Palm Beach Gardens, Florida approving the Borland Center Replat; and providing an effective date. The City Clerk read Resolution 01, 2007. Mayor Russo declared the public hearing open, and asked for any ex-parte communications. Vice Mayor Barnett reported she had spoken with Mr. Vito DeFrancesco. There were no other ex-parte communications. Vito DeFrancesco read a statement regarding corporate stewardship; asked the purpose of the water body; stated the plat did not show 80’ preserve, and requested more landscaping. Mr. DeFrancesco clarified he was saying the plat was not consistent with the development order. City Engineer Dan Clark advised this was a re-plat and the buffers and preserves were the same as in the original plat. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Council discussion ensued. Councilmember Jablin moved approval of Resolution 01, 2007. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Part II – Non-Quasi-judicial Ordinance 36, 2006 – (2nd Reading and adoption) - Amending the Fiscal Year 2005/2006 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, 2005, and ending September 30, 2006, inclusive; and providing an effective date. City Clerk read Ordinance 36, 2006 on second reading by title only. Mayor Russo declared the public hearing open and called for ex-parte communications, of which there were none. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Because of questions to staff from the Council, Mayor Russo re-opened the public hearing. Finance Director Allen Owens explained there were only minor changes since first reading. Hearing no further comments, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to adopt Ordinance 36, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Ordinance 37, 2006 – (2nd Reading and adoption) - Amending the Fiscal Year 2006/2007 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1, CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/4/07 3 2006, and ending September 30, 2007, inclusive; and providing an effective date. The City Clerk read Ordinance 37, 2006 on second reading by title only. Mayor Russo declared the public hearing open and called for ex-parte communications, of which there were none. Lynn Metcalf asked if there was a 20% increase in expenditures, to which the answer was 13%. Mayor Russo also clarified taxes had gone down on homestead property. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved to adopt Ordinance 37, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ORDINANCES: Ordinance 23, 2006 - Addresses, Subdivision Names and Street Names. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to street names and addresses; creating a new Section 78-28, of the City Code of Ordinances, entitled “Addressing Committee”; amending section 78-275, City Code of Ordinances, entitled “Addresses”; amending section 78-483, City Code of Ordinances, entitled “Subdivision Name”; and amending section 78-493, City Code of Ordinances, entitled “Street Names”; providing for codification; and providing an effective date. The City Clerk read Ordinance 23, 2006 on first reading by title only. Aires Page, GIS Manager, Growth Management Department, presented the staff report, and answered questions from the City Council. Councilmember Jablin moved to place Ordinance 23, 2006 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Mayor Russo requested staff visit Legacy Place and Downtown at the Gardens to see if stop signs or directional signs were needed, and to look at whether the City was pedestrian friendly. CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/4/07 4 ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 8:06 p.m. APPROVAL: ____________________________________ MAYOR RUSSO ____________________________________ VICE MAYOR BARNETT ____________________________________ COUNCILMEMBER JABLIN ____________________________________ COUNCILMEMBER LEVY ____________________________________ COUNCILMEMBER VALECHE ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 16,2007 Meeting Date: February 1, 2007 Resolution: 15, 2007 SubjecVAgenda Item: Authorize a Lease Agreement with Siemens Financial Services, Inc. for Golf Course Maintenance Equipment from Hector Turf via State of Florida Contract No. 51 5-630-06-1 [ X ] Recommendation to APPROVE I. ] Recommendation to DENY Reviewed by: 7 City Attorney ced O@ating Dept.: Operations Director Golf Course Advertised: NIA Date: Paper: [ x ] Not Required Administrator City -Manager I [ ] Not required Costs: $220,916.00 (Total) $53,623.31 Current FY Funding Source: [XI Operating [ ]Other Budget Acct.#: 106-2540-572-4420 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: *Resolution 15, 2007 *Exhibit A: Hector Turf *Exhibit B: State of Proposal Florida Contract No. 51 5-630-06-1 *Exhibit C: Lease Agreement [ ]None Date Prepared: January 16,2007 Meeting Date: February 1, 2007 Resolution: 15, 2007 BACKGROUND: The Palm Beach Gardens Golf Course requires daily use of specific equipment in order to safely and effectively maintain the golf course. Our present lease with Western Finance and Lease, Inc. for equipment from Hector Turf expires January 30,2007. Staff desires to continue using Tor0 equipment, which is only supplied by Hector Turf, Inc. in this district. Therefore, staff recommends a new four (4) year lease agreement with Siemens Financial Services, Inc. for such equipment from Hector Turf, which is based on State of Florida Contract No. 51 5-630-06-1. The agreement will include the following pieces of equipment along with other appurtenances: 1 Tor0 Model 03680 Reelmaster 5510 Fairway Mower 1 Tor0 Model 30839 Groundsmaster 3500- D rotary Rough/ trim Mower 2 Tor0 Model 04351 Greensmaster 3050 Riding Greensmower 2 Tor0 Model 30627 Groundsmaster 328-D Rotary Mower 1 Tor0 Model 08703 Sand Pro 3040 Bunker Rake with tooth rake 1 Tor0 Model 5 Unit Transport Frame Rough Mower 1 Tor0 Model 07363 Workman 31 00 Heavy Duty Utility Vehicle 1 Tor0 Model 08755 Tor0 Spiker for Sand Pro 3040 1 Tor0 Model 74243 Z Master Rotary Mower with 60” Deck This equipment provides the latest in technology and efficiency. The industry standard four (4) year lease has proven highly effective in providing mechanically sound equipment at an economical annual rate. The estimated annual cost to the City will be $53,373.31, for a total of $220,916.00 over the four years. STAFF RECOMMENDATION: Approve Resolution 15,2007 as presented. Date Prepared: January 16, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 15,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FOUR (4) YEAR LEASE AGREEMENT WITH SIEMENS FINANCIAL SERVICES, INC. FOR GOLF MAINTENANCE EQUIPMENT FROM HECTOR TURF VIA AN EXISTING AGREEMENT WITH THE STATE OF FLORIDA, CONTRACT NO. 51 5-630-060-01 ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City operates a municipal golf course that utilizes specialized equipment for maintenance of turf and golf course operations; and WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to “piggyback” an agreement awarded by another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the City has received a quote from Hector Turf, a copy of which is attached hereto as Exhibit “A,” via an existing contract with the State of Florida, No. 515-630-060-01, a copy of which is attached hereto as Exhibit “B”; and WHEREAS, City staff has recommended entering into a lease agreement with Siemens Financial Services, Inc. for such maintenance equipment from Hector Turf, which agreement has been prepared and is attached hereto as Exhibit “C”; and WHEREAS, the City Council has determined that adoption of this Resolution is 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 recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the lease of maintenance equipment from Siemens Financial Services] Inc., and hereby authorizes the Mayor and City Clerk to execute an agreement acceptable to the City Attorney. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 7 Date Prepared: January 16, 2007 Resolution 15, 2007 PASSED AND ADOPTED this day of , 2007. 46 47 CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR BARNETT COUNCILMEMBER JABLlN COUNCILMEMBER LEVY COUNCILMEMBERVALECHE -- AYE NAY ABSENT d G:\attorney-share\RESOLUTlONS\siemens financial lease for golf carts - reso 15 2007.doc 2 Date Prepared: January 16,2007 Resolution 15, 2007 EXHIBIT A . .. I P Date Prepared: January 16,2007 Resolution 15, 2007 EXHIBIT B 2 Contract Number: SlS-630-06-1 Effective Dates: 05/17/2006 through 05/16/2009 When issuing a purchase order use commodity class: 515 and commodlty group: . Price Sheets Ark ns..ComP3-n.[Gravelv) Excel Industoes, Inc.. dba &LHustler Turf Equipment, Inc , Florida "_ .I .I.... . Outdoor Equipment John .Deere,.Company - A Division of D~~EJ$-.GQKIM-!W KilPatr!ck .Turf Uve Oak @En SU~P IY Xnc, M-a.g.i*c Circle Corporation, D~.Z&S~IQLQIX MTD Consumer GrO.v,p, -,,,Cub Cadet Sarlo.,.kower Mowers. Inr. S tih I Southeast.. .Inc Vemeer Southeast Sa!es,,M&2imk..,J nc Wesw .Tu,rf Supply, Inc. '-' Contractors Afl2.p~ Company-Gravely fxcel Industries, Inc., dba as Hustler Turf Equipment. Inc. Florida Outdoor Eat&m-ent JokDecre Company - A.Division of Deere & Compm Kilpatn'ck Turf WOak Lawn SuppIy-LnL Magic Circte Comoratr 'oa Dixie Choppe MTD Consumer Group - Cub Cadet S,arlo Power Mowers, Inc. Stihl Southeast. Inc, Vermeer- SoutmS Sales & Service In€. - Wesco TurfSu~&,&~ Amen.d!ents . .. . Wesco Turf Supply, .. T0:1561842866E P:WE 300 Technology Park I Lake Mary, FC 32746 Phone: 407-33-3600 Toll free Number: 'We- Turf, Inc. 2101 Cantu Court - Sarasote, FL34232 Phone: 941-377-6777 Ordering Fax Number: Pensacola, FL32504 Phone: 954-429-3200 + Federal ID Number: Remit Address: City, State, Zip: LIST BELOW ONE OR MORE IN-STATE REPRESENTATIVES, INCLUDING MAILING ADDRESSES AND TELEPHONE NUMBERS. NAME IADDRESS & PHONE NO, I I I 1 IWesco Turf SUPP~Y, 17037-37 Commonwealth Avenue I I ~Jackronvllla. FL 32220 I Phone: 904-783-0500 (Jew Pate Tu# & Irriaation 1301 Shubert Drive I ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED IbtI.OW Street Address or 9.0. Box: 300 Technology Park City, State, Zip: Lake Mary, FL 32746 Phone Number: 407-333-3600 Toll Free Number: 800-393-3366 Ordering Fax Number: 407-333-9246 Internet Address: ww w . wcscot uq: CQ~, Federal ID Number; 52-2120964 Remit Address: 300 Technology Perk City, State, Zip: Lake Mary, FL. 32746 Certified Dealers (Duplicate as necessary) Company Name: Wesco Turf Supply, Inc. SPURS Vendor Number: F522120964-001 Contact Name: Brad Reano Street Address or P.O. Box: 300 Technology Park City, State, Zip: LakeMary, fL 32746 E-mail Address:brad.reano@wtsuDplv.com Internet Homepage Address: www. wegQturf.com Phone Number: 407-333-3600 Toll free Number: 800-393-3366 Ordering Fax Number: 407-333-9246 Federal IO Number: 52-2120964 Remit Address: 300 Technology Park City, State, Zip:LakeMary, FL. 32746 Service Representatives (Duplicate as new) _. .' Jh-5-~Or%!~1fipVf&&?? bUA UUt#pAJ* AI&&. 1 &rW&A 4+yWpII(.III d M.)yLb AWLU& L!&l3@R4f%@ Woe. a wb ? Ui'Y I Remit Address: - City, State, Zip: Service Representatlvec (Duplicate a@ necerrory) SPURS Vendor Number: Contact Name: Street Address or P.O. Box: 1301 N.W. Third Street CiQ, State, Zlp: Deerfield Beach, FL 33422 E-mail Address: Internet Homepage Address: Phone Number: 954-429-3200 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: City, State, Zip: Service Representatives (Duplicate as necessary) Company Name; Jerry Pate Turf & Irrigation SPURS Vendor Number: Contact Name: Street Address or P.O. Box: 301 Shubert Drive City, State, Zip: Pensacola, FL 32504 E-mail Address: Internet Homepage Address: Phone Number: 954-429-3200 Jh-5i-RQ6 ._.. Betl5P. FFQP . ... . .. ..cc-, , _... . __. .. --,..., . . . .... . __.._ . _. ... TP.~.t261@92E1EH - ... . .... P:.%’B I ! .I Company Name: Wesco Turf Supply, Inc. SPURS Vendor Number: 522120964-001 Contact Name: Street Address or P.O. Box: 7037-37 Commonwealth Avenue City, State, Zip: Jacksonville, FL 32220 E-mail Address: Internet Homepage Address: Phone Number: 904-783-0500 Toll free Number: 900-900-1513 Ordering Fax Number: Federal ID Number: Remit Address: City, State, Zip: Service Representatives (Duplicate as necessary Company Name: Wesco Turf, Inc. SPURS Vendor Number Contact Name: Street Address or P.O. Box: 2101 Cantu Court City, State, Zip: Sarasota, FL 34232 E-mail Address: Internet Homepage Address: Phone Number: 941-377-6777 Toll free Number: Ordering Fax Number: Federal ID Number: __ 'i i Rate this Contract KeH Survey Results .* Wesco Turf Supply, Inc. CONTRACTOR: Werrco Turl Supply, Inc. FEIN: 52-2120964 Bld/Contract Adminlstratlon Please identity the person who will be responslble for admlnlsterlng the Contract on your behalf If award is made, and include an emergency contact phone number: Name: Brad Reano Title:Vice President Sales Street Address: 300 Technology Park E-mail Address:brad.reano@wtsClp c?lrtcam Phone Number(s): 407-333-3600800-393-3366 Fax Number: 407-333-9246 If the person responsible for answering questions about the bid is different from the person identified above, please provide the same information for that person. Name: Donna Phillips Title: Commercial Sales Coordinator Street Address: 300 Technology Park E-mail Address: d~~~~.~i~liPs@wtsupply.com Phone Number(s): 407-333-3600800-393-3366 Fax Number: 407-333-9246 Direct Orders Please provide the following information about where Customers should direct ordars.You must provide a regular mailing mddmss.If equipped to receive purchase orders ckctronically, you may also provide an Internet address. .. . Wesco Turf Supply, Inc. Lawn Equipment, IT6 No. 212-515-630-M Item THE TORO COMPANY &Werco Turl Supply Discount Prlca Pri No. %from Sheet10 Shc MSRP No. 1 EQUIPMENT (Describe Below) 21% MSRP 0406 TORO COMMERCIAL PRODUCTS ACCESSORIES: 21% PARTS: 0% 2 EQUIPMENT: (Describe Below) 31% MSRP 0406 TORO LANDSCAPE CONTRACTOR €QUIPMENT (LCL) ACCESSORIES: 31% PARTS: 0% 3 EQUIPMENT: (Describe Below) 23% MSRP 0406 TORO PRO LINE PRODUCTS ACCESSORIES: 0% PARTS: 0% Department of Manasement Saces Copyright 0 2004 State of Flodda Commercial Products Price List Effective November 1,2006 - October 3 1,2007 Traction Unit I - 03680 Reelmaster 5510 - 35.5 horsepower $ 34,683.00 03690 Reelmaster 5610 - 44.2 horsepower $ 37,351.00 (Note: order 03671 to make an all-wheel drive model) Cuttinp Units Requires 5 of orre kind 0368 1 8 Blade Fairway DPA Cutting Unit (wlfront & long rear rollers) $ 2,567.00 5- - 03682 11 Blade Fairway DPA Cutting Unit (wlfront & long rear rollers) $ 2,641.00 0367 1 CrossTraxTM All-wheel Drive Kit (Includes 2 post ROPS w/sccltbelt) 110 b a 03685 Fairway Groomer - Right Hand* 03686 Fairway Groomer - Left Hand* *Total of 5 required 110-4085 Broomerm brushes for Groomer, (each) 03683 Powered Rear Roller Brush, (each) 03662 Grass Basket, (each) 1 10-9604 Rear Lift Cylinder Limit Kit 03521 TurfDefenderm Leak Detector Kit, (each) 03684 Verticutter - RM55 10156 10, (each) 1 10-9614 2.5" dia. Full Front Roller Assy, (each) 108-4475-03 2.5" dia. Full Front Roller Scraper, (each) 1 10-4050 3.0" dia. Front Wiehle Roller Assy, (each) 107-2993-03 Wiehle Roller Scraper, (each) 110-9605 3.0" dia. Full Front Roller Assy, (each) 1 10-9602-03 3.0" dia. Full Front Roller Scraper, (each) 110-9608 3.0" Shouldered Wiehle Front Roller, (each) 1 10-9609-03 Shouldered Wiehle Front Scraper, (each) 1 10-4065 107-4024 107-3280 108-9072 110-1735 1 10-9600 104-8215 85-4750 I 110-8860 t 4 30359 03667 1 10-4084 108-9096 108-9095 1 10-4074 29-9 100 04399 3.0" dia .Short Rear Roller Assy, (each) 3.0" dia. Long Rear Roller Assy, (each) Rear Roller Scraper, (each) 7" - 5 Blade Reel Only, (each) Comb/Scraper Kit, (each) High Height of Cut Kit, (each) Collar Kit for Wiehle Roller, (each) Hand Held Diagnostic Tool 2 Post ROPS Kit Universal Mount Sunshade (For 2 post ROPS) Air-ride Seat Suspension Bedknife - Low Cut, (each) Bedknife, (each) EdgeMaxm Bedknife (std. production), (each) Bedknife - Heavy Duty, (each) Long Handled Backlap Brush 44 Turf Evaluator 2 required 0368516,5 reqd 5 required 1 10-9604,5 reqd 1 per tractor when using baskets 1 required 5 required 03684 Std. Production 03681 or 03682 03681 & 03682 03681 & 03682 Opt for 03681182 Std on 03681182 03681 or 03682 03681 or 03682 03681 or 03682 (HOC to 2") (6 per cutting unit) 110-9614 1 10-9605 1 10-9608 Included with 0367 1 110-8860 or 03671 HOC 114" to 112" HOC 318" and up HOC 3/8" and up HOC 1/2" and up 4,096.00 1,749.00 1,749.00 149.98 501.00 280.00 159.98 990.00 1,523.00 189.98 2 1.49 209.98 24.98 269.98 29.99 252.99 39.98 269.98 189.98 59.98 399.99 1 19.98 109.98 8.79 274.39 489.98 584.00 503.00 42.49 42.49 89.98 42.49 29.98 $PS 2d8A9Q1 1812006 .' >< Commercial Products Price List Effective November 1,2006 - October 3 I, 2007 Traction Unit 30839 Groundsmaster 3500-D (incl. all 3 decks, seut and armrest) $ 34,666.00 30826 Groundsmaster 3505-D (includes all 3 decks, seat, and armrests) $ 30,939.00 30358 Bimini Canvas Sunshade P;, 189.00 108-9026-03 Combination Blade (best all-around blade for decks 2006 & newer) 9; 19.64 105-98 10-03 Angle Sail Blade Cfor low-medium heights of cut on decks prior to 2006 models) $ 19.94 104-5 183 $ 22.35 *Do not use High L@ Blade (#104-5183) with Mulching Kits High Lift Blade @or higher heights of cut on decks prior to 2006 models) 107-0235-03 Atomic Mulching Blade $ 21.94 30828 Leaf Mulching Kit (order 1 per deck on 30821/30826) *Obsolefc ~ltcn s~ld ottf $ 49.00 Leaf Mulching Kit for traction units 220000501 through 259999999 104-5 168 Roller Scraper Kit (order 1 per deck) $ 63.49 30836 Leaf Mulching Kit (order 1 per deck on 30839/30826) $ 49.00 $ 1,806.00 130834 To achieve 68" width of cut on the GM3505-D, add 2 new lift arms: 104-048 1 RH Lift Arm Assy. $ 219.98 104-0482 LH Lift Arm Assy. $ 2 19.98 To achieve 72" width of cut on the GM3500-D, add 2 new lift arms: 95-8553 RH Lift Arm Assy. $ 2 19.99 95-8554 LH Lift Arm Assy. $ 219.99 Leaf Mulching Kit for traction units 260000001 and newer Contour Plus 27" Replacement Deck 13 DPS 2007A, 10/18/2006 Commercial Products Price List Effective November 1,2006 - October 3 1,2007 4 - 04351 Greensmaster 3050 1,278 $ 17,254.00 04356 Greensmaster 3 100 $ 19,910.00 04357 Greensmaster 3 150 $ 22,384.00 04383 Greensmaster 3250 1,370 $ 25,484.00 b - 04610 8 Blade Cutting Unit *See Note Set of I !$ 1,943.00 6 - 04611 11 Blade Cutting Unit *See Note Set of 1 106-2626 5 Blade HD Reel Set of 1 107-9522 8 Blade HD Reel Set of 1 04625 Full Roller Set of 3 - 04626 Narrow Wiehle Roller Set of 3 - 04627 Wide Wiehle Roller Set of 3 04628 Steel Roller Kit Set of 1 71-1550 Rear Wiehle Roller, 2 inch Set of 1 108-6450 Aftercut Appearance Brush* Set of 3 106-4699 Set of 1 106-6945 Rear Roller (Replacement) Set of 1 106-6938 Short Lift Bail Set of 1 Note: When installing DPA cutting units on traction units F'03 and older, (machined solid steel Front Wide Wiehle & solid steel Rear Roller) *Incl. 3 Rear roller scrapers; 108-6473 High Height of Cut Kit (.35 - .94) (GR 3250, for sidehill operation) you need to order the following parts for each cutter: GR 3050/31OO/3150 GR 3250 I x 105-5740 Lift Hook 1 x 110-2397 Lift Hook $ 2,044.00 $ 279.49 $ 399.98 $ 891 .OO $ 906.00 $ 906.00 $ 5 16.00 $ 235.18 $ 685.09 $ 94.98 $ 169.98 $ 16.98 GR 3050/3100/3150 04632 Groomer (max height .430) Set of 3 $ 4,685.00 04640 Rotating Rear Roller Brush Set of 3 $ 1,887.00 04455 Groomer for old C/U (04406/08/50/68) $ 4,617.00 GR 3200l3250 04633 Groomer (max height .430) Set of 3 $ 4,685.00 0464 1 Rotating Rear Roller Brush Set of 3 $ 1,887.00 All DPA Groomers 107-8125 Groomer, Rotating Brush - Set of 1 Set of 1 $ 21 1.89 32 DPS 2007A, 10/18/2006 .. .. Commercial Products Price List Effective November 1,2006 - October 3 1,2007 I, I -' \/ \- 1- lraction Units 30626 Groundsmaster 328-D 2WD 1,533 9; 17,121.00 30627 Groundsmaster 328-D 4WD 1,901 $ 20,580.00 - Decks 307 10 72" Rear Discharge Deck 500 $ 4,163.00 30722 72" Side Discharge Deck 500 $ 4,301.00 30716 Guardian 72" Recycler Deck 608 $ 4.919.00 Attachments 30743 Rotary Broom 749 $ 5,781.00 30728 Mechanical Angling Actuator for Rotary Broom 30743 15 $ 8 10.00 30750 48" V-PIOW 30757 205 $ 1,436.00 30757 V-Plow Mounting Kit 185 $ 647.00 30855 Debris Blower 335 $ 3,319.00 08860 Chute Discharge Kit 30855 $ 503.00 Seats 30623 Standard Seat Kit 44 $ 427.00 30625 Deluxe Seat Kit 30628 47 $ 67 1 .OO 30628 Seat Adapter Kit 30625 22 $ 1 13.00 Weights - See attached chart for ANSI specs. 24-5790-01 Rear Weight (1-35 Ib. weight) $ 142.99 24-5780 Rear Weight Kit (2-35 Ib. weight) $ 321.29 30359 30677 1064353-03 100-659 1 11-0390 56-6630 62-7020 69-9870 106-4386 54-88 10 93-5973 93-5974 23-24 10-03 93-3169 Universal Mount Sunshade Cruise Control Kit 72" Atomic Mulching Blade (can't be used with 30716) 3" Lift Cylinder Front Tire Chains Rear Tire Chains 4 Ply Wide Tire Option w/rim 23 x 10.5-12 (can't be used w/30710) 6 Ply Wide Tire Option wlrim 23 x 10.5-12 (can't be used w/30710) Jack Pad Kit Pneumatic Wheel & Tire Assembly Foam Filled 10" Caster Tire Foam Filled 8" Caster Tire High Lift Blade (not for use with 307 16) (3 required) Auxilary Valve Kit (For hydraulic angling of certain attachments) 2 required 30722 584.00 509.00 29.99 372.49 104.99 155.72 237.98 249.98 89.99 62.99 179.84 148.03 23.99 662.49 1 DPS 2007A, 1011 812006 Commercial Products Price List Effective November 1,2006 - October 3 1,2007 Traction Unit - 08703 Sand Pro I Infield Pro 3040 930 $ 14,203.00 08705 Sand Pro I Infield Pro 5040 930 $ 16,324.00 Front Attachments 087 12 087 13 Flex Blade 08714 Manual Blade (40") 1 10- 1 345 60" Blade Extension Mid-Mount Attachments 0873 1 Mid-Mount ASM 08732 Weeder Tine Toolbar 08733 Spring Tine Toolbar 08734 Solid Tine Toolbar 108-8496 Leveling Blade Rear OAS Attachments I - 08751 Tooth Rake 08752 Spring Rake 08753 Segmented Grooming Broom 08754 QAS Finish Grader 08756 Drag Mat Carrier system 08757 Steel Mat 08758 Coco Mat 08759 QAS Debris Blower Front Lift Frame ASM I - 08755 QAS Spiker 08705 $ 087 12 $ $ 087 14 $ $ 0873 1 $ 0873 1 $ 0873 I $ 08732,08733 or 08734 $ $ 08752 or 108-9427 if used independently $ $ $ $ $ 08756 $ 08756 $ 0878'1 $ 100-6442 if no front attachment is installed 1,47 1 .oo 799.00 1,28 1 .OO 229.98 1.20 1 .oo 797.00 840.00 796.00 296.98 1,160.00 561 .OO 1,324.00 2,2 10.00 3,401.00 1,104.00 377.00 420.00 3,680.00 1.243.00 08782 112-1433 110-1314 110-1371 110-1375 1 12-0034 94-6 126 100-6442 108-9427 Front Remote Hydro 0878 1 Variable Orifice Kit Light Kit Speed Control Kit Smooth Tire (individual tire, wheel & stem valve ASM) Turf Tire (individual tire, wheel & stem valve ASM) 501b fiont weight kit QAS A-fiame ASM Hitch/Tow Bar 108-9427 (For replacement or if using Spring rake independently) 541 .OO 63.27 197.98 139.98 89.98 253.18 128.16 309.00 299.98 Note: For information on the Rahn Groomer and Attachments, please contact Rahn Manufacturing at 1-800-2! I I 48 DPS 2007A, 1011 812006 . Commercial Products Price List Effective November 1,2006 - October 3 1,2007 Transport Frames I - 33455 5 Unit Transport Frame 3.7455 ottIy or 1,385 $ 1 1,387.00 33452 5 to 7 Unit Transport Frame Conversion Kit 33455iyr33452 311 $ 3,344.00 209 $ 2,004.00 129 $ 1,786.00 129 $ 1,713.00 214 $ 2,660.00 Universal Frames 33145 33 155 33165 Cuttinp Units 222 $ 2,717.00 225 $ 2,789.00 01005 < - 01007 0101 1 Wheels 393.00 426.00 426.00 47 1 .OO - 01336 01304 01323 A or A&13 or 3 Unit Universal Frame [A] 3 to 5 Unit Universal Frame Conversion [B] 5 to 7 Unit Universal Frame Conversion [C] 30" 5 Blade Cutting Unit 30" 7 Blade Cutting Unit 30" 11 Blade Cutting Unit 16" Steel Wheels - Pair 16" Semi-Pneumatic Wheels, Low Profile - Pair 16" Pneumatic Wheels - Pair one of these units 01035 18" Semi-Pneumatic Wheels 57 $ 47-4540 Roller Scraper Kit 1 per mower/Cutting Unit $ 84.98 47-5390 Grass Dispersion Shield Kit (one per cutting unit) 0101 1 only 7$ 109.98 13-3629 Overhaul Kit (For 5/7/11 blade CU's) $ 126.49 53-9760 Hitch Ball-Coupler Kit $ 272.09 46 DPS 2007A, 10/18/2006 I' .- Commercial Products Price List Effective November 1,2006 - Octobar 3 1,2007 OTE: Full Flatbed and Full Flatbad Side Kits are standard on all modcls cxccpt raction Unit 7360 3200 Liquid Cooled Gas, 2wd, 3lhp Daihatsu No Bed & Side Kit Std, $ 18,624.00 Bed & Side Kit Std. $ 20,236.00 7361 7362 3300 Liquid Cooled Diesel, 2wd, 26.5 hp Daihatsu Bed & Side Kit Std. $ 22,203.00 7363 3 100 Air Cooled Gas, 2wd, 23hp Kohler Bed & Side Kit Std. $ 17,727.00 7364 4300 Liquid Cooled Diesel, 4wd, 26.5hp Daihatsu Bed & Side Kit Std. $ 26,729.00 7365 4200 Liquid Cooled Gas, 4wd, 3 1 hp Daihatsu Bed & Side Kit Std. $ 25,104.00 bndard features of all models include power steering, dual hydraulic dump cylinders, 'mote hydraulics, differential lock, hi-low range, supervisor's speed lockout, ROPS, tow hitch, wheel hydraulic brakes, halogen head, tail & brake lights, 12Vpowerplug, cupholders & 'I instrumentation except tachometer/speedometer 1303 Fold Down Side Kit (whilgate) for Full Flatbed 121 $ 1,053.00 733 1 Plastic Bedliner ( fits full & 2/3 size beds) $ 307.00 07360 - 3200 LCG, 2WD, 3 1 hp Daihatsu 3200 w/FB & sides, 2wd, 3 1 hp Daihatsu !-1220 Automatic Tailgate Release 13 $ 299.98 1256 Vicon Spreader -Cannot be used on air cooled vehicles 41253 & 07228 $ 3,114.00 1253 Vicon Spreader Mounting Kit $ 2,071.00 '322 2/3 Flatbed - Side Kit (whilgate) 0732 1 93 $ 674.00 1225 Topdresser 1800 - 18cu. ft. See Note** 893 $ 6,594.00 !-4452 1800 Lift Kit $ 146.98 ate*: 1/3 of Model 07321 (2/3 Flatbed) must be covered by a bed, accessory or area cover. W**: Part # 93-9225 (1/3 cover) or 1/3 bed 07341. For all excmt ACG. 105-7996 (Alternator Shield) is required 342 1/3 Flatbed Stake Side Kit 07341 39 $ 214.00 rmounted behind 1/3 area "middle U3". -9225 1/3 Area Cover (Daihatsu) $ 118.78 -9249 Rear 1/3 Area Mounting Kit used for vertical 19 or bed $ 269.49 301 Full Flat Bed $ 1,411.00 302 Full Bed Side Kit !§ 746.00 344 1/3 Vertical Lift, meets ANSI MH29.1 93-9225,93-3741* 600 $ 6,697.00 -3741 Mid Mount Kit for Vertical Lift 10 $ 393.59 1/6 Toolbox for Power Platform - Contact Aldine Model # UB161921 58 DPS 2007A, 10/18/2006 i DEPAR~ENTOFMANAGEM€NT SERVICES “We serve those who serve Florida” JEB BUSH Governor Tom Lewis, Jr. Secretary MyFlorida. corn % Division of State Purchasing 4050 Esplanade Way Suite 360 Tallahassee, Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: www.MyFlorida.com Suite 360 October 30,2006 MEMORANDUM NO.: (51 5-630-06-1)-4 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract Amendment Contract No. 51 5-630-06-1 Title: Lawn Equipment The contract is hereby revised as follows: Magic Circle Corporation, Dixie Chopper, has added Mower XWF3000-60 and decreased prices for LT2500-44d, X2703-60 and XG2703-60 to their Dixie Chopper Products line. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. MEB/meb DEPARTMENT OF MANAGEMIN SERVICES “We sewe those who serve Florida” JEB BUSH Governor Tom Lewis, Jr. Secretary Division of State Puxhasing 4050 Esplanade Waj Suite 36C Tallahassee, Florid: 32399-095C Telephone 850- 488- 844( Fax 850-414-6121 Internet www.MyFlorida.con Suite 360 September 29,2006 MEMORANDUM NO.: (51 5-630-06-1)-3 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract Amendment Contract No. 5 15-630-06-1 Title: Lawn Equipment The contract is hereby revised as follows: Tor0 Dingo Product Line by Wesco Turf Supply, Inc. have been added to their Tor0 Commercial Products line. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. MEB/meb DEPARTMENT OF MANAGEMENT SERMCES “We serve those who serve Florida” JEB BUSH Governor Tom Lewis, Jr. Secretary MyFlorida. corn % Division of State Purchasing 4050 Esplanade Way Suite 360 Tallahassee, Florida 32399-0950 Telephone: 850-488- 8440 Fax: 850-414-6122 Internet: www.MyFlorida.com Suite 360 August 07,2006 MEMORANDUM NO.: (5 15-630-06-1)-2 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract Amendment Contract No. 5 15-630-06-1 Title: Lawn Equipment The contract is hereby revised as follows: New products by Wesco Turf Supply, Inc. have been added to their Tor0 Commercial Products line catalog. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. MEB DEPARTUENT OF MA NAG EM^ Bidder’s Name Triple D Equipment Inc. Gulf Coast Tractor and Equipment SERVICES Eaubment Product Line from MSRP Kubota F Series 31 % All Kubota Lawn Equipment (Except for Kubota F Series) 28.25% “We serve those who serve Florida” JEB BUSH Governor Tom Lewis, Jr. Secretary MyFlorida. corn % Division of State Puxrhasing 4050 Esplanade Way Suite 360 Tallahassee, Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: www.MyFlorida.com , Suite 360 July 11,2006 MEMORANDUM NO.: (51 5-630-06-1)-1 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract Amendment Contract No. 515-630-06-1 Title: Lawn Equipment The contract is hereby revised as follows: 0 Two responsive bidders to ITB 35-5 15-630-0 (Lawn Equipment - Kubota Products) are added to the Contract as detailed in the text One bidder (Kilpatrick Company) offered and was awarded a lease option for Lawn Equipment provided by their company. Pricing for this option is provided on the attached Excel Spreadsheet, and will be included as a link on the State Term Contract page under “Lawn Equipment Leasing”. 0 The Contract Administrator has been changed from Mark Love11 to Mina Elyse Barekat, C.P.M. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. MDL/ml . . DEPARTMENTOF MANAGEMENT SERVICES “We serve those who serve Florida” JEB BUSH Governor Tom Lewis, Jr. Secretary Division of State Purchasing 4050 Esplanade Way Suite 360 Tallahassee, Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: www.MyFlorida.com CERTIFICATION OF CONTRACT TITLE: Lawn Equipment STATE TERM CONTRACT NO.: ITB NO.: 22-5 15-630-M 5 15-630-06- 1 EFFECTIVE: May 17,2006 through May 16,2009 CONTRACTORS: SUPERSEDES: 5 15-630-03-1 Wesco Turf Supply Inc. - Tor0 LCE Products (A) Sarlo Power Mowers, Inc. - Sarlo (A) Ariens Company - Gravely - Gravely (A) Florida Outdoor Equipment, Inc. - Scag (R) Kilpatrick Company - Jacobsen (Textron) (A) Wesco Turf Supply Inc. - Tor0 ProLine Products (A) Live Oak Lawn Supply, Inc. - Grasshopper (R) Wesco Turf Supply Inc. - Tor0 Commercial Products (A) Florida Outdoor Equipment, Inc. - Echo (R) Florida Outdoor Equipment, Inc. - Billy Goat (R) Excel Industries - Hustler Turf (C) Dixie Chopper - Dixie Chopper (A) MTD Consumer Products Inc. - Cub Cadet Commercial; Cub Cadet 5000 & 6000 Series (A) John Deere Company - C&CE Division - John Deere (A) MTD Consumer Products Inc. - Cub Cadet 3000 Series Garden Tractors; Cub Cadet Log Splitters, 27 and 33 ton; Cub Cadet Z-Force Riders (A) Vermeer Southeast Sales & Service Inc. - Vermeer (A) Stihl Southeast, Inc. - Stihl (A) A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. the purchase of Lawn Equipment, by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. EFFECT - This contract was entered into to provide economies in C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. D. E. F. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for improvements in the contract to State Purchasing for receipt no later than 90 days prior to the expiration date of this contract. Authorized Signature D S P/ml/ Attachment (date) 6 CONTRACT ADMINISTRATOR MINA BAREKAT PHONE: (850) 488-1985 SUNCOM 278-1985 E-MAIL: mina.barekat@,dms.myflorida.com 7 SECTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR10011 CONTENTS 2.1 DEFINITIONS. 2.2 GENERAL INSTRUCTIONS. 2.3 ELECTRONIC SUBMISSION OF RESPONSES. 2.4 TERMS AND CONDITIONS. 2.5 QUESTIONS. 2.7 CONVICTED VENDORS. 2.8 DISCRIMINATORY VENDORS. 2.10 PERFORMANCE QUALIFICATIONS. 2.1 1 PUBLIC OPENING. 2.13 FIRM RESPONSE. 2.14 CLARIFICATIONS/REVISIONS. 2.6 CONFLICT OF INTEREST. 2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION. 2.12 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD. 2.1 5 MINOR IRREGULARITIES/RIGHT TO REJECT. 2.16 CONTRACT FORMATION. 2.17 CONTRACT OVERLAP. 2.1 8 PUBLIC RECORDS. 2.19 PROTESTS. 2.1 Definitions The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: a. "Buyer" means the entity that has released the solicitation. b. "Procurement Officer" means the Buyerls contracting personnel, as identified in the Introductory Materials. c. "Respondent1' means the entity that submits materials to the Buyer in accordance with these Instructions. d. "Response" means the material submitted by the respondent in answering the solicitation. 8 e. "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2.2 General Instructions Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 2.3 Electronic Submission of Responses Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: a. An electronic signature on the response, generally; b. An electronic signature on any form or section specifically calling for a signature; and c. An affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4 Terms and Conditions All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Technical Specifications Pricing Worksheets, Special Conditions, General Conditions (PUR 1000) Instructions to Respondents (PUR 1001), The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 2.5 Questions Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall 9 be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 2.19 of these Instructions. 2.6 Conflict of Interest This solicitation is subject to chapter 1 12 of the, Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. 2.7 Convicted Vendors A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: a. b. C. d. e. Submitting a bid on a contract to provide any goods or services to a public entity; Submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; Submitting bids on leases of real property to a public entity; Being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and Transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.01 7 of the Florida Statutes. 2.8 Discriminatory Vendors An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: a. Submit a bid on a contract to provide any goods or services to,. a public entity; b. Submit a bid on a contract with a public entity for the construction or repair of a public building or public work; 10 c. Submit bids on leases of real property to a public entity; d. Be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or e. Transact business with any public entity. 2.9 Respondent’s Representation and Authorization In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). a. b. C. d. e. f. g. The respondent is not currently under suspension or debarment by the State or any other governmental authority. To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (1 0) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. To the best of the knowledge of the person signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1) (a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: 11 i. Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or ii. Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. h. 1. j. k. 1. m The product offered by the respondent will conform to the specifications without exception. The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent’s preparation of its bid. All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 8 17 of the Florida Statutes. 2.10 Performance Qualifications The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that 12 performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 2.1 1 Public Opening Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.07(3) (m), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955- 8771 (TDD). 2.12 Electronic Posting of Notice of Intended Award Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.13 Firm Response The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 2.14 Clarifications/Revisions Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 2.15 Minor Irregularities/Right to Reject 13 The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 2.16 Contract Formation The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 2.1 7 Contract Overlap Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 2.18 Public Records Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. If a respondent believes that its response contains information that should not be a public record, the respondent shall clearly segregate and mark that information (for example, placing the material in a separate electronic file, and including the word "Confidential" in the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. 2.19 Protests Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyerk intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-1 10.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. 14 Section 120,57(3)(a), F.S. requires the following statement to be included in the solicitation: “Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes. It Section 28-1 10.005, Fla. Admin. Code requires the following statement to be included in the solicitation: “Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.” 15 SECTION 3.0 SPECIAL INSTRUCTIONS To RESPONDENTS CONTENTS 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.1 CONTACT PERSON ORDER OF PRECEDENCE DEFINITIONS WHO MAY RESPOND MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW AMENDMENTS TO THE SOLICITATION DOCUMENTS ESTIMATED QUANTITIES SUBMITTAL OF RESPONSE STATE OF FLORIDA PURCHASING CARD PROGRAM EVALUATION CRITERIA BASIS FOR AWARD PURCHASE AND LEASE PROVISIONS EQUIPMENT RELIABILITY / NON-PERFORMANCE STATE OBJECTIVES (REV. 07/28/04) Sales Summary Reports Business Review Meetings Contact Person Refer ALL Inquiries to: Mina Barekat Purchasing Analyst Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 (850) 488-1985 (voice) (850) 41 4-61 22 (facsimile) Mina.Barekat@dms.mvflorida.com 16 3.2 Order of Precedence Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Technical Specifications, Price Sheets, Special Instructions, Special Conditions (if applicable), Forms General Instructions to Respondents (PUR 1001), General Contract Conditions (PUR 1 000), The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s response. In submitting its response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. This Section supercedes Section 2.4, Terms and Conditions, of this Solicitation. 3.3 Definitions 3.3.1 3.3.2 3.3.3 3.3.4 The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: “The Department” means the Florida Department of Management Services. “Procurement Officer” means the Buyer’s contracting personnel, as identified in Section 3.1. “MSRP” is an acronym for the Manufacturer’s Suggested Retail Price. It represents the manufacturer’s recommended retail selling price for a specific item, or list of items, and must be publicly listed, available, and verifiable by the Department. In the event a Vendor does not create, maintain, or utilize MSRP for specific Commodities within this solicitation, that Vendor may use their Government Book Price (defined in Sections 3.3.5 and 5.1.3) as the MSRP for those specific Commodities. The Vendor must use the MSRP or Government Book Price for all items within a specific Commodity and shall not use both within the same Commodity. (REV 18 JAN 2006) 17 3.3.5 “Government Book Price” represents the manufacturer’s pre-determined selling price for a specific item, or list of items, to all non-contracted government entities. I I 3.5 MyFloridaMarketPlace Solicitation Overview 3.3.6 “Eligible Users” is defined in 60A-1.005, F.A.C. The following entities are eligible users: 1. All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; 2. Any independent, non-profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. Specijk Authority 287.042 (12) F.S. Law Implemented 287.012 (12) F.S. History -New 8-24-04. Section 287.056 of the Florida Statutes governs agencies’ use of the Contract. Others may seek Department approval under section 287.042(2)(a) as an eligible user of the Contract. 3.3.7 “Contractor” means any person who contracts to sell commodities or contractual services to an agency. 3.4 Who May Respond The Department will accept responses from capable lawn equipment vendors and/or manufacturers, who are in good standing with the State of Florida, satisfying the terms of the solicitation documents. To be eligible for award, a Respondent shall have the demonstrated capability to perform a statewide Contract in the state of Florida. By submitting a response, each Respondent certifies that it satisfies all criteria specified in the solicitation documents. The Department may request, and the Respondent shall provide, supporting information and / or documentation. Failure to supply supporting information and / or documentation if requested may result in disqualification of the bid. In furtherance of the One Florida Initiative, Respondents are encouraged to seek the participation of certified minority business enterprises (CMBE). Information on the One Florida Initiative and CMBEs is available from the Office of Supplier Diversity at http://osd.dms.state.fl.us. The Department uses the MyFloridaMarketPlace system (“MFMP”) to receive responses to solicitations electronically. 18 3.5.1 MyFloridaMarketPlace Vendor Registration Application Vendors must have a revised, current, and complete Vendor Registration Application identified on the MyFloridaMarketPlace Vendor Registration System at: https://vendor.myfloridamarketplace.com/. If you have not registered, please be advised that a minimum of 48 hours will be required for access to the Sourcing Tool. Completion of this registration is mandatory for those Vendors who wish to submit a response. 3.5.2 MyFloridaMarketPlace Sourcing Tool Training This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool. Optional training on how to respond to this solicitation electronically is offered at: http://marketplace.myflorida.com/vendor/vendor solicitation help.htm. Download and review the document titled “ITB Event User Guide.” For all technical questions about the Sourcing Tool, Vendors should contact the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352- 3776) or: vendorhelp@myfloridamarketplace.com. For additional information or assistance on using the Sourcing Tool, please visit the MyFloridaMarketPlace website at the following link: http ://marketplace.myflorida. com/vendor/vendor solicitation help. htm. This site includes: a. Solicitation User Guides b. On Demand web-based Sourcing training link c. WinZip FAQs d. Vendor FAQs 3.5.3 MyFloridaMarketPlace Sourcing Tool Tips When working in the Sourcing tool, be aware of the twenty (20) minute time-out function in the tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty (20) minutes to ensure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your solicitation responses. The SAVE button does not transmit your solicitation response to the State. In order to transmit your solicitation response to the State, you must click the SUBMIT button on the SUMMARY page of the solicitation response. After clicking the SUBMIT button, it is the Respondent‘s responsibility to check any submitted response within the Sourcing Tool to verify that the response is accurately and completely captured within the Sourcing Tool. Respondents must do this while there is sufficient time remaining in the Solicitation period in the event you discover an error and need to resubmit a revised response. 19 To validate your response, you should do the following before the Solicitation period ends: 0 Go to the “My Bids / My Responses” tab within the Sourcing Tool after you submitted your response. Click on the Response ID number of your last submitted response. Review entire response to make sure all responses are complete, accurate, and as you intended to submit. Minimum areas to check are: Text boxes - Is your entire answer viewable? Yes/No questions - Is the displayed answer correct? All uploaded document files - Can you open attached document(s) and clearly view entire content? Does the content of the file(s) match your response within the tool (e.g., not an earlier version or working copy)? Pricing and Other Information - Are all prices and other information you intended to submit visible and accurately captured within Sourcing Tool? Required Items - Are all items listed on the Bid Preparation Checklist completed as required within the Sourcing Tool? It is strongly recommended not to wait until the last minute to upload and validate your response to this or any solicitation. 3.5.4 MyFloridaMarketPIace Email Notification Vendors are reminded that the Sourcing Tool’s Email Notifications are an option provided as a courtesy. The State of Florida is not under any obligation and does not guarantee that Vendors will receive Email Notifications concerning the posting, amendment or close of solicitations. Vendors are responsible for checking the MvFloridaMarketPlace SourcinP Tool and / or the Vendor Bid System for information and updates concerning solicitations. 3.6 Amendments to the Solicitation Documents The Department reserves the right to issue amendments to the solicitation. Notice of any amendment will be posted within MyFloridaMarketPlace and the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and / or reviewing the formal changes to the solicitation. Each Respondent is responsible for monitoring the site(s) for new or changing information concerning this solicitation. 20 3.7 Estimated Quantities It is anticipated that State of Florida agencies and other eligible users will expend approximately $7 Million dollars annually under the contract resulting from this solicitation. This estimated figure is given only as a guideline for preparing your response and should not be construed as representing actual commitment figures under this solicitation. 3.8 Submittal of Responses 3.8.1 Submittal of Bid Respondents will submit their offer via the MyFloridaMarketPlace Sourcing Tool (https://myfloridamarketplace.com/sourcing). The response shall include all appropriate forms located within the MyFloridaMarketPlace Sourcing Tool RFX Info Section. All required or requested question responses, documents, files, location information, and pricing shall be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this solicitation as indicated. If no indication for submission is provided for required or requested documents or files, or if instructions to mail a specific document or file are provided, then those specific documents or files only shall be mailed to the attention of the Contact Person listed within the solicitation. The outer packaging of mailed documents shall clearly state: Solicitation Title and Number and the ITB Responses Due Date and Time from the Timeline in Section 1.2 of the solicitation. Failure to provide all required information within the solicitation response may result in reiection of the response. In the event a Respondent submits more than one response in the MyFloridaMarketPlace Sourcing Tool, only the last response received by the system shall be considered for award. Previous responses will not be visible to the State of Florida. Responses not submitted within the System shall be rejected. The System will require Respondents to review the Bid Preparation Checklist and confirm that they have completed all required activities before accepting offer. The Bid Preparation Checklist does not relieve the Respondent of responsibility for ensuring that all requirements of the solicitation are included with the solicitation response. The Bid Preparation Checklist does not have to be provided with the response. Each Respondent is responsible for ensuring that the offer is submitted before the submittal deadline noted on the Timeline in Section 1.2 of the solicitation. The Department shall not consider late offers and the System will NOT accept offers after the due date and time specified in the Timeline (Section 1.2) or as amended by the Department. OFFERS MUST BE SUBMITTED IN THE MFMP MYFLORIDAMARKETPLACE SOURCING TOOL BY THE DATE AND TIME SPECIFIED ON THE TIMELINE. 21 3.8.2 Ordering Instructions Respondent shall submit a completed Ordering Instructions Form identifying persons responsible for answering questions about the response and administering the Contract, if awarded, and shall provide information necessary for placing orders under the Contract, if awarded. The Ordering Instructions Form shall be mailed to the Department per Section 3.8.1 of the solicitation. 3.8.3 Contract Signature Page Respondent shall submit a completed Contract Signature Page with their response by mail to the Department at the address listed within the solicitation. The submission of the Contract Signature Page does not signify, imply, or guarantee award of the Contract, but may be used if the Respondent is awarded the Contract per Basis for Award of the solicitation. 3.9 State of Florida Purchasing Card Program The State of Florida has implemented the State of Florida Purchasing Card Program, using the Visa network. Accordingly, Respondents must presently have the ability to accept Visa transactions or must implement the ability before the start of the Contract term, if awarded. Contractors may receive payments from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory, but is not the exclusive method of payment. The method of payment shall be selected by the Eligible Users. 3.10 Evaluation Criteria The Department shall evaluate eligible responsive bids. Responses that do not meet all Contract requirements of this solicitation or fail to provide all required information, documents, or materials will be rejected as non-responsive. Respondents whose responses, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-responsible. The Department reserves the right to determine which bids meet the Contract requirements of this solicitation, and which Respondents are responsive and responsible. 3.1 1 Basis for Award The Department shall award the Contract to the responsive bidder(s) submitting the highest percentage discount, per manufacturer, on a statewide basis. To be eligible for an award, a bidder must satisfy the technical specifications and be the highest percentage discount bid per manufacturer. The Bidder shall bid the following, for each Manufacturer it wishes to offer: A percentage discount in the form of a single discount off the Manufacturer’s Price List. Failure to submit with the bid the complete, current, unaltered price list for each 22 category as originally published, in general distribution, and in effect on the date of the bid opening, shall result in rejection of the bid. Prices (which are obtained by applying the percentage discount bid to the price list supplied) shall be the firm net delivered prices to the Customers. Bidders shall supply the percentage discount, and all other information required on the Price Sheets, which are included in solicitation. Two other percentage discounts, for (1) Parts, and (2) Attachments/Accessories. These two additional discounts must be bid in order for the bid to be deemed responsive, however the discounts will not be part of the basis of award. The Department reserves the right to accept or reject any and all bids, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State's best interest. 3.12 Purchase and Lease Provisions Each piece of equipment offered in response to this solicitation shall be available for purchase or lease. Purchaser will be authorized to enter into a contract for equipment by issuance of a purchase order referencing the contract number. The manufacturer's lease agreement form will not be used since a contract resulting from this negotiation and the purchase order will constitute the complete agreement. All State Agencies are required to receive approval from the Department of Financial Services PRIOR to entering into a lease in excess of $25,000 in annual value. All State agencies are urged to review the Comptrollers latest memorandum addressing leases and installment purchase of equipment when considering the leasing of equipment. Note: supplemental agreement will be non-binding and void. If customer is presented with and signs a separate agreement in error, that Lease Provisions: Lease prices shall remain firm throughout the lease period selected by the Lessee. Lease agreements shall be effective on the first day of the next month. No interim rent or interim term may be charged under any circumstances. The date of acceptance is that date listed on the Certificate of Acceptance Form after equipment has been installed, tested and agency trained. Available Lease Periods: 2-Year Lease: A consecutive twenty-four (24) month equipment plan (not a lease purchase plan) which shall expire at the end of the twenty-four (24) month period. No termination notice shall be required by either party at end of lease. 3-Year Lease: A consecutive thirty-six (36) month equipment plan (not a lease purchase plan) which shall expire at the end of the thirty-six (36) month period. No termination notice shall be required by either party at end of lease. 23 4-Year Lease: A consecutive forty-eight (48) month equipment plan (not a lease purchase plan) which shall expire at the end of the forty-eight (48) month period. No termination notice shall be required by either party at end of lease. 5-Year Lease: A consecutive sixty (60) month equipment plan (not a lease purchase plan) which shall expire at the end of the sixty (60) month period. No termination notice shall be required by either party at end of lease. Each lease agreement shall include a full service maintenance agreement for equipment for the life of lease. Cost for maintenance agreement shall be included in the monthly lease price, but shown separately on the Price Worksheet for informational purposes only. The State uses this figure when conducting a total life cycle cost analysis on equipment. Expiration of Lease: Lease agreements shall expire upon completion of the specified lease period and shall not be automatically renewed for a new lease period. No termination notice shall be required by either party at end of lease. All equipment leased under each lease agreement shall be removed from the customer’s location within ten (10) days after expiration of lease at Contractor’s expense. All equipment removals shall be coordinated with Customer. Renewal of Lease: Renewal of leases is not permitted under this contract; however an agency may re-negotiate a lease at a lower rate. Any leases re-negotiated that are in excess of $25,000 in annual value will require Department of Financial Services approval prior to execution of new lease agreement. State of Florida Consolidated Equipment Financing Program (CEFP): The Department of Financial Services can provide financing for most types of purchases of $30,000 in value and higher for state agencies and state universities only.. For further details go to http://fldfs.com/aadir/cefp/. Purchase of Leased Equipment: Purchase of leased equipment by state agencies requires prior approval as a contract exception through State Purchasing. Lease Cancellation for Convenience: The initial lease agreement may be canceled at any time during the lease period by the lessee. A thirty (30) day cancellation notice will be required of the lessee in writing. All money due the lessor for the remainder of the lease agreement period will be due and payable upon completion of the equipment removal, except in documented cases of nonperformance by the vendor. Upon cancellation of a lease agreement by the lessee without cause, the equipment will be returned to the lessor with transportation at the lessee’s expense as well as removal charges, if applicable. Lease Cancellation Due To Non-Performance: The initial lease agreement, in its entirety inclusive of all equipment components, may be cancelled during the lease period for non-performance related issues as defined in Section 3.14. If the lessee requests removal of leased equipment, lessor will cancel the lease effective immediately with no 24 additional payments due from customer. Equipment will be removed from lessee site within ten (1 0) business days of such written notice at no cost to the customer. 3.13 Equipment Reliability/Non-Performance Awarded contractor is required to provide reliable equipment and provide satisfactory service levels at all times. Degraded service performance and/or excessive equipment down time shall not be acceptable. Excessive equipment down time is defined as three (3) or more service calls over a sixty (60) day period for repairs to the same piece of equipment. Should a piece of equipment (a) continue to malfunction after three service calls, (b) require excessive amount of remedial maintenance, or (c) in the opinion of the agency, equipment is still not providing satisfactory performance after three (3) service calls, the contractor, after receiving notice in writing by the agency that such a situation exists, agrees to remove and/or replace the defective equipment as per the original specifications (agency’s choice) within ten (1 0) business days of such notice, at no cost to the agency. If the agency requests removal of leased equipment, contractor will cancel the lease effective immediately with no additional payments due from agency. Failure to comply with above requirements shall result in the contract supplier being found in default and cancellation of the contract by the State. 3.14 State Objectives (rev. 07/28/04) 3.14.1 One Florida Initiative Florida is a state rich in its diversity. Governor Bush’s One Florida Initiative is dedicated to fostering the continued development and economic growth of small and minority and women-owned businesses. Central to this initiative is the participation of a diverse group of Vendors doing business with the state. To this end, it is vital that minority and women-owned business enterprises participate in the State’s procurement process as both prime contractors and subcontractors under prime contracts. Small and minority and women-owned businesses are strongly encouraged to submit replies to this solicitation. To track the success of the One Florida Initiative, which has achieved substantial gains in extending opportunity to minority- and women-owned businesses, the State of Florida maintains data to establish benchmarks from which to measure Contractor diversity in State contracting. Vendors who contract with the state are obligated to provide information related to the use of minority- and women-owned businesses and subcontractors. The Respondent shall submit documentation addressing the Governor’s One Florida Initiative and describing the efforts being made to encourage the participation of small and minority and women-owned businesses. Respondent’s Plan will be submitted via the Sourcing tool in Stage 3. Please refer to the Governor’s “Equity in Contracting Plan” when preparing this documentation: 25 http://www.oneflorida.or~myfloriddnovernment/~overnorinitiatives/one floriddequi ty contractinP.htm1 Equity in Contracting documentation should identify any participation by diverse contractors and Contractors as prime contractors, sub-contractors, Vendors, resellers, distributors, or such other participation as the parties may agree. Equity in Contracting documentation shall include the timely reporting of spending with certified and other minority business enterprises. Such reports must be submitted at least quarterly and include the period covered, the name, minority code, and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing Department ordering under the terms of this Contract. 3.14.2 Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The Respondent shall submit as part of any proposal the Respondent’s plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Respondent shall also provide a plan for reducing and or handling of any hazardous waste generated by Respondent company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Respondent’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3.14.3 Certification of Drug-Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida’s businesses and Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie Responses are received, preference shall be given to a response received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall certify that it has a drug-free workplace program using the “Certification of Drug-Free Workplace” form included in Section 7.5 of this solicitation. 3.14.4 Products Available from the Blind or Other Handicapped (RESPECT) The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in 26 Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit Department are concerned. Additional information about the designated nonprofit Department and the products it offers is available at http://www .respectofflorida.org. The Respondent shall describe how it will address the use of RESPECT in offering the items in this solicitation. 3.14.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. The Respondent shall describe how it will address the use of PRIDE in offering the items in this solicitation. 3.15 Sales Summary Reports The following data must be reported to the Department on a quarterly and annual contract basis (Attachment I): Report shall include: Contractor’s Name Reporting Period Total dollar value of purchases per quarter separated by State Agency and Eligible User totals. Excel report itemizing total purchases for period that includes columns for the following information: manufacturer’s name, agency name, product number, item description, product group number, identify lease or purchase status, unit of measure, quantity, manufacturer list price, percentage discount taken and final purchase price. Report will emphasize where the most significant purchase volumes are (by product group). Failure to provide quarterly and annual sales reports, including no sales, within thirty (30) calendar days following the end of each quarter and/or contract year may result in the contract supplier being found in default and cancellation of the contract by State Purchasing. 27 Upon request, Contractor shall report to Department, the spend with certified and other minority business enterprises. Reports must include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this contract. Initiation and submission of the Contract Sales Summaries are to be the responsibility of the Contractor without prompting or notification by the Purchasing Analyst. The Contractor will submit the completed Contract Sales Summary forms by email to the Purchasing Analyst. The Department shall distribute, in electronic format, the Contract Sales Summary forms to be used by the awarded Contractor upon Contract signature. 3.16 Business Review Meetings In order to maintain the partnership between the Department and the Contractor, each quarter the Department may request Business Review meetings. The business review meeting may involve, but not be limited to, the following: Review of Contractor performance Review of minimum required reports Review of continuous improvement plans The Department encourages Contractors to identify opportunities to generate lower costs. A continuous improvement effort, consisting of various ideas to enhance business efficiencies, may be discussed at the Business Review meetings or as identified. 28 SECTION 4.0 GENERAL CONTRACT CONDITIONS (PUR 1000) CONTENTS 4.1 DEFINITIONS. 4.3 PRODUCT VERSION. 4.5 ADDITIONAL QUANTITIES. 4.6 PACKAGING. 4.2 PURCHASE ORDERS. 4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS. 4.7 MANUFACTURER’S NAME AND APPROVED EQUIVALENTS. 4.8 INSPECTION AT CONTRACTOR’S SITE. 4.9 SAFETY STANDARDS. 4.10 AMERICANS WITH DISABILITIES ACT. 4.1 1 LITERATURE. 4.12 TRANSPORTATION AND DELIVERY. 4.13 INSTALLATION. 4.14 RISK OF LOSS. 4.15 TRANSACTION FEE. 4.16 INVOICING AND PAYMENT. 4.17 TAXES. 4.18 GOVERNMENTAL RESTRICTIONS. 4.20 INDEMNIFICATION. 4.19 LOBBYING AND INTEGRITY. 4.21 LIMITATION OF LIABILITY. 4.22 SUSPENSION OF WORK. 4.23 TERMINATION FOR CONVENIENCE. 4.24 TERMINATION FOR CAUSE. 4.25 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY. 4.26 SCOPE CHANGES. 4.27 RENEWAL. 4.28 ADVERTISING. 4.29 ASSIGNMENT. 4.30 DISPUTE RESOLUTION. 4.31 EMPLOYEES, SUBCONTRACTORS, AND AGENTS. 4.32 SECURITY AND CONFIDENTIALITY. 4.33 INDEPENDENT CONTRACTOR STATUS OF CONTRACTOR. 4.34 INSURANCE REQUIREMENTS. 4.35 WARRANTY OF AUTHORITY. 4.36 WARRANTY OF ABILITY TO PERFORM. 4.37 NOTICES. 4.38 LEASES AND INSTALLMENT PURCHASES. 4.39 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE). 4.40 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. 4.41 MODIFICATION OF TERMS. 29 4.42 COOPERATIVE PURCHASING. 4.43 WAIVER. 4.44 ANNUAL APPROPRIATIONS. 4.46 SEVERABILITY. 4.47 SPECIAL CONDITIONS. 4.45 EXECUTION IN COUNTERPARTS. 4.1 Definitions The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: a. “Contract” means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. b. “Customer” means the State agency or other entity that will order products directly from the Contractor under the Contract. c. “Product” means any deliverable under the Contract, which may include commodities, services, technology or software. d. “Purchase order” means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other authorized means). 4.2 Purchase Orders A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor’s order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057( 15) and (16) of the Florida Statutes. 4.3 Product Version Purchase orders shall be deemed to reference a manufacturer’s most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 30 4.4 Price Changes Applicable only to Term Contracts If this is a term contract for commodities or services, the following provisions apply. a. Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. b. Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. c. Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed ( 1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then- authorized prices. Upon approval, the Contractor shall provide conspicuous notice of the promotion. Promotional prices shall be available to all Customers. d. Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. e. Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor’s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 4.5 Additional Quantities For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 31 4.6 Packaging Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer’s property. 4.7 Manufacturer’s Name and Approved Equivalents Unless otherwise specified, any manufacturers’ names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer’s prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Customer shall determine in its sole discretion whether a product is acceptable as an equivalent. 4.8 Inspection at Contractor’s Site The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.9 Safety Standards All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 4.10 Americans with Disabilities Act Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 32 4.1 1 Literature Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.12 Transportation and Delivery Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.13 Installation Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the purchase order. Contractor’s authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.14 Risk of Loss Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier’s Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall 33 reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.15 Transaction Fee The State of Florida has instituted MyFloridaMarketPlace, a statewide eprocurement System (“System”). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1 .O%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.03 1 (2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non- refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering re-procurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 4.16 Invoicing and Payment Invoices shall contain the Contract number, purchase order number, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State’s option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms - ED1 8 10, cXML, or web-based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State 34 Agencies. The Customer is responsible for all payments under the Contract. A Customer’s failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 4.17 Taxes The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees’ wages. Any exceptions to this paragraph shall be explicitly noted by the Customer on a purchase order or other special contract condition. 4.1 8 Governmental Restrictions If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.19 Lobbying and Integrity Customers shall ensure compliance with Section 1 1.062, FS and Section 216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer’s Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor’s integrity or responsibility. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/~enschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor’s suspension or debarment. 35 4.20 Indemnification The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer’s misuse or modification of Contractor’s products or a Customer’s operation or use of Contractor’s products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor’s opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor’s prior written consent, which shall not be unreasonably withheld. 4.21 Limitation of Liability For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor’s liability under a purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall 36 be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.22 Suspension of Work The Customer may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 4.23 Termination for Convenience The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State’s interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 4.24 Termination for Cause The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A- 1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of 37 the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 4.25 Force Majeure, Notice of Delay, and No Damages for Delay The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (1 0) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind fi-om the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 4.26 Scope Changes The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 38 4.27 Renewal Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.28 Advertising Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor’s name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29 Assignment The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 4.30 Dispute Resolution Any dispute concerning performance of the Contract shall be decided by the Customer’s designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within ten (1 0) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer’s decision on the petition shall be final, subject to the Contractor’s right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor’s ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 39 4.31 Employees, Subcontractors, and Agents All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer’s security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor’s employees, subcontractors, or agents. 4.32 Security and Confidentiality The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State’s or Customer’s confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 4.33 Contractor Employees, Subcontractors, and Other Agents The Customer and the State shall take all actions necessary to ensure that Contractor’s employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor’s employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers’ compensations, and unemployment) from an employer other than the State of Florida. 4.34 Insurance Requirements During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not 40 be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 4.35 Warranty of Authority Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.36 Warranty of Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 4.37 Notices All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4.38 Leases and Installment Purchases Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 4.39 Prison Rehabilitative industries and Diversified Enterprises, Inc. (PRIDE) Section 946.51 5(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl .com. 41 4.40 Products Available from the Blind or Other Handicapped Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 4.41 Modification of Terms The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 4.42 Cooperative Purchasing Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042( 16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 4.43 Waiver The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to 42 enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 4.44 Annual Appropriations The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 4.45 Execution in Counterparts The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.46 Severability If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 4.47 Special Conditions Pursuant to 60A-1.002(7), F.A.C., a Customer may attach additional contractual and technical terms and conditions. These "special conditions'' shall take precedence over this form PUR 1000 unless the conflicting term in this form is statutorily required, in which case the term contained in the form shall take precedence. 43 SECTION 5.0 SPECIAL CONDITIONS CONTENTS 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.1 DEFINITIONS PERIOD OF AGREEMENT CATALOG DATA INTERNET POSTING OF AUTHORIZED LISTS PRODUCT ADDITIONS / DELETIONS COMPLIANCE WITH LAWS PRICE ADJUSTMENT TRANSACTION FEE REPORTS LOBBYING Definitions 5.1.1 5.1.2 5.1.3 The definitions found the General Contract Condition of this document, shall apply to this Section. The following additional terms are also defined: “MSRP” is an acronym for the Manufacturer’s Suggested Retail Price. It represents the manufacturer’s recommended retail selling price for a specific item, or list of items, and must be publicly listed, available, and verifiable by the Department. In the event a Vendor does not create, maintain, or utilize MSRP for specific Commodities within this solicitation, that Vendor may use their Government Book Price as the MSRP for those specific Commodities. The Vendor must use the MSRP or Government Book Price for all items within a specific Commodity and shall not use both within the same Commodity. “Government Book Price” represents the manufacturer’s pre-determined selling price for a specific item, or list of items, to all non-contracted government entities. 5.2 Period of Agreement This agreement shall be in effect from the start date of the Contract for an initial period of thirty-six (36) months, with options to renew for three (3) additional twelve (12) month periods. Renewal is contingent upon satisfactory performance by the Contractor. 44 5.3 Catalog Data The MyFloridaMarketPlace (“MFMP”) third-party service provider is responsible for converting Contract catalog information into a format supported by the System. To accomplish this conversion, the Contractor shall provide certain information in electronic format directly to the Service Provider (This format is generally Microsoft Excel). Within ten (1 0) days of written notice from the Service Provider, Contractor shall provide all information necessary to facilitate electronic purchases from this Contract. Such information may include, but is not limited to, Contractor name, brand/manufacturer, SKU, product name and brief description, unit of measure, and price. Contractor shall provide this information in the format required by the Service Provider. No costs or expenses associated with providing this information shall be charged to the Department, Eligible Users, or Service Provider. With the Contractor’s timely assistance, the Service Provider shall create and maintain web-based placement of the requested Contract information. 5.4 Internet Posting of Authorized Lists The Contractor shall maintain on the Internet a Contract Price List of the products it is authorized to sell under the terms of the Contract. The Contract Price List shall clearly indicate the required information listed below. The Contractor shall provide the proposed Universal Resource Locators (“URLs”) for the lists upon request by the Department. Posting of the lists in a form easily accessible to the Department and Eligible Users shall be a condition precedent to Contractor’s right to payment under the Contract. The Department, in its sole discretion, may maintain Contractor’s authorized lists or provide electronic links to them. Regardless of the number of links to the list, Contractor shall ensure that Eligible Users are able to access one, and only one, version of each of the authorized lists. The authorized Contract Price List shall include the following: Contract NumbedTitle, Contact Person, Contact Information (Address, Telephone, and Email Address); and per item: Item Numbers, Item Descriptions, Manufacturer’s list price (MSRP), Manufacturer’s Percentage Discount, Net Discounted Equipment Price and Total Equipment Price with Options. The Contractor’s initial authorized lists shall be substantially identical to the MSRP List submitted with the bid and used in making the award, or that portion of it bid by Contractor. Contractor shall not make the lists generally available or accept any orders off of them until the Department approves the lists and their locations (e.g., URLs). Changes to the lists must follow the terms of the Contract. The Department may, in its sole discretion, prohibit any requested change or direct a Contractor to undo any change already made. In addition, the Department may direct rescission of any purchase order entered into on the basis of unauthorized lists. Changes to the authorized lists or to 45 related information (for example, ordering information) shall not be deemed Contract amendments. 5.5 Product Additions / Deletions A Contractor may amend the Contract Price Sheet to reflect new or obsolete items to its catalog with the prior approval of the Department. Any proposed product additions shall be offered at the contracted per Commodity percentage discount from the product’s current MSRP publicly listed and verifiable at the time of the requested addition. Additionally, the Prices for new items, per line item, shall not exceed the current Manufacturer’s Government Book Price or the current MSRP. Any proposed product additions offered shall satisfy all criteria specified in the solicitation documents and the terms of the Contact. The Contractor shall advise the Department of a request for Product Additions / Deletions in writing and received by the Department no later than thirty (30) days prior to the effective date of the proposed change(s) in the Contract Price Sheet content. No changes to the Contract Price Sheet are permitted without the prior written approval of the Department. The Department may, in its sole discretion, prohibit any requested change or direct a Contractor to undo any change already made. In addition, the Department may direct rescission of any purchase order entered into on the basis of unauthorized lists. Changes to the Contract Price Sheet or to related information (e.g., ordering information) shall not be deemed Contract amendments. 5.6 Compliance with Laws The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non-exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. Violation of such laws shall be grounds for Contract termination. 5.7 Price Adjustment Prices shall be firm against increase for twelve (12) months from the original effective date of contract. After this period, requests for increase or decrease may be submitted to the State if there has been, or is, a documented increase in cost, with the State reserving the right to accept or reject request within thirty (30) days after receipt of request. Price increase or decrease may be requested by either party one (1) time per year at the contract anniversary date by using the Producer Price Index (PPI) for Industry: Lawn & Garden Equipment Mfg as published by the U.S. Bureau of Labor Statistics. The rate adjustments will be based on the PPI (Series ID PCU333 112333 112). 46 The last published non-preliminary Producer Price Index for the month prior to award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. The price escalation / de-escalation formula will be tied to the change in the commodity for Industry: Lawn & Garden Equipment Mfg, PPI Series ID Series ID PCU333112333112. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price Escalation Rate to determine the New Price. This formula applies after Year 1 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics web site and following the below steps: Go to BLS website: http://www.bls.gov/ppi/ Navigate to the “Get Detailed PPI Statistics” section Select “Create Customized Tables (one table)” Click on the link titled “Industry Data” Type “3331 12” in the “Select An Industry” box for the Lawn & Garden Equipment Mfg category and hit the adjacent “Find” button. Select “3331 123331 12” for Lawn & Garden Equipment Mfg in the “Select One or More Products” box and hit the adjacent “Find” button. A table similar to the one shown below will be created. Series Id: PCU333112333112 Industry: Lawn & garden equipment mfg Product: Lawn & garden equipment mfg Base Date: 8212 -123.6 1123.6 1123.6 1123.8 1123.8 1123.8 1124.0 1124.0 1124.3 1124.6 1125.4 1125.4 1124.1 I 126.0 124.6 125.9 126.6(P) I P : Preliminary. All indexes are sublect to revision four months after original publication. I 125.9 125.0 124.6 124.4 125.0 125.2 126.0 126.3 127.1 126.3( P) 126.7 125.1 124.6 124.5 125.0 125.4 126.0 126.3 126.7 126.5( P) 47 Example: Feb 2004 is the first year anniversary of the contract Old PPI: Jan 2004 PPI for Lawn & Garden Equipment Mfg = 126.2 New PPI: Jan 2005 PPI for Lawn & Garden Equipment Mfg = 126.7 Price Escalation / De-escalation Formula: New PPI / Old PPI = Price Escalation Rate “Old Price” x “Price Escalation Rate” = New Price (rounded up to the nearest %) Calculation: 126.7 + 126.2 = 1.0039 (Price Escalation Rate) $1,550.00 (unit price) x 1.0039 = $1,556.05 (New unit price for this product) Any increases accepted during the term of the contract shall not become effective until thirty (30) days after the State provides written approval of request. All requests for price adjustments must be substantiated by manufacturer’s certification of cost or other documentation and approved by State prior to implementation. There can only be one rate adjustment per twelve (12) month period and the maximum net rate percentage increase or decrease per twelve (1 2) month period shall not exceed 5%. 5.8 Transaction Fee Reports The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at http://dms.myflorida.com/mfmp). Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at feeprocessing@myfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:OO AM to 5:30 PM Eastern Time. 5.9 Lobbying In accordance with Section 2 16.347, Florida Statutes, and as provided herein, the Service Provider or Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. This restriction does not apply to requests of the Service Provider or Contractor to provide any information relating to any aspect of this Contract, if requested by any legislative, judicial, or executive branch, or any State Agency. 48 SECTION 6.0 TECHNICAL SPECIFICATIONS Contents 6.01 Additional Definitions 6.02 Scope and Classification 6.03 Lawn Equipment Assembly 6.04 Current Model 6.05 Preparation for Delivery 6.06 Delivery Requirements 6.07 Sampling and Inspection 6.08 Warranty 6.09 Factory Service Requirements 6.10 Product Information 6.11 Recycled Content 6.01 Additional Definitions The following definitions supplement those contained in the General Conditions. “Manufacturer” means the person or company in the business of manufacturing, processing or refining products. “Manufacturer’s Representative” means a person engaged by the Manufacturer to sell or promote sales of the Manufacturer’s products. “Servicing Dealer” means a sales establishment that maintains a relationship with the Manufacturer, and promotes, sells, installs, and maintains products for the Manufacturer. 6.02 Scope and Classification This specification covers lawn equipment with gasoline or diesel engine power driven devices, which are hand-held, hand-pushed or self-propelled, and includes the following types of equipment: lawn mowers, edgers, trimmers, hedge trimmers, blowers, vacuums, and chipper-shredders. This specification does not include farm tractors, industrial tractors or their attachments, chain saws, and forestry equipment, nor does it include all varieties of equipment that are commercially available. It is intended to cover only those items generally used by the State of Florida. Lawn equipment covered by this specification shall be classified in accordance with the requirements of this specification and the Manufacturers and brand names listed on the Price Sheets. 49 Commodity Numbers: The commodity numbers and descriptions are listed below: 6.03 6.04 Commodity Number 5 15-630-240 5 15-630-280 515-630-320 5 15-630-360 5 15-630-400 5 15-630-440 5 15-630-480 5 15-630-520 5 15-630-530 5 15-630-560 5 15-630-580 5 15-630-585 5 15-630-620 5 15-630-720 5 15-630-740 5 15-630-800 5 15-350-600 5 15-140-420 5 1 5- 140-440 5 1 5- 140-460 5 1 5- 140-480 5 15-490-760 Description Lawn Mower, Hand Pushed, 2-Cycle Lawn Mower, Hand Pushed, 4-Cycle Lawn Mower, Hand Pushed, High Wheel Lawn Mower, Self-Propelled, High Wheel Lawn Mower, Self-Propelled, 2-Cycle Lawn Mower, Self-Propelled, 4-Cycle Lawn Mower, Walk Behind Tractor Lawn Mower, Riding, Front Cutting Lawn Mower, Riding, Front Cutting Rear Engine Tractor Lawn Mower, Riding, Front Cutting, Air and Liquid Cooled Engine Lawn Mower, Riding, Front Cutting, Caster Type Deck Supports Chassis From Front Lawn Mower, Riding, Front Cutting, Hand Levers or Joystick Steering Lawn Mower, Riding, Rear Engine Mower Lawn Mower, Riding, Lawn or Garden Tractor Lawn Mower, Riding, Flail, Front Cutting Lawn Mower, Riding, Zero Turning Radius Edgers and Trimmers Blowers, Back Pack Blowers, Hand Held Blowers, Wheel Mounted Vacuum, Wheel Mounted Chipper-Shredders Lawn Equipment Assembly The equipment shall be fully assembled except that parts vulnerable to damage, pilferage and loss or that would otherwise increase cubage, such as controls, control rods, levers and handles may be packed separately. Printed assembly instructions along with all bolts, nuts, pins and washers necessary to assemble removed parts shall be securely packaged with equipment. Commercial walk behind and riding mowers shall be delivered, unloaded, uncrated, assembled ready to mow. Equipment shall be free from rust and imperfections which may affect appearance or serviceability of the equipment. Current Model The lawn equipment furnished under this contract shall be the manufacturer's current year model, standard industrial product, except for those modifications or changes required in the standard product in order to comply with the requirements of this specification. All 50 accessories and components normally furnished with the standard product offered commercially shall be furnished with each unit. 6.05 Preparation for Delivery All product shall be packed to insure safe delivery to destination at lowest rates. Packaging shall comply with the requirements of Section 403.7191 of the Florida Statutes. Each container shall be marked to include a description of the product, the name of vendor, and the State’s contract and purchase order numbers. 6.06 Delivery Requirements Prices bid shall include delivery to the Customer within 21 days after receipt of purchase order. Prices bid shall include delivery to the Customer for orders totaling $100 or more. Orders of less than $100 will be shipped prepaid with transportation charges added to the invoice as a separate item. Orders of less than $25 will not be processed. NOTE: This provision shall not be used by a Customer to circumvent the intent of the Contract. 6.07 Sampling and Inspection Samples of delivered products may be selected at random and tested for compliance with these specifications. Failure to comply with the specifications shall be grounds for Contract termination. 6.08 Warranty The Contractor shall provide the Customer at the time of delivery, a warranty for any and all goods against defective material, workmanship, and failure to perform in accordance with required performance criteria, for a period of no less than one (1) year from the date of delivery. The Contractor agrees that all parts of the goods found defective shall be replaced without any cost or expense to the Customer including all labor, materials and costs of transportation. In addition, the Contractor agrees that if said repair of defective goods will exceed ten (1 0) working days, the Contractor shall supply loaner goods, upon written request of the Customer, in a timely and prompt fashion, at no cost or expense to the Customer. 6.09 Factory Service Requirements Contractor shall maintain at least one factory-authorized service station and/or servicing dealer within Florida to perform warranty repairs and adjustments throughout the Contract term. Contractor shall maintain the Servicing Dealer List submitted with the bid throughout the Contract term, and shall promptly notify the Department of any changes thereto; however, changes to the Servicing Dealer List shall not be Contract amendments and not require a formal written agreement. This arrangement does not relieve the Contractor of its duty to maintain at least one authorized service location within Florida. The Contractor may offer the Customer “after warranty” service agreements for the 51 maintenance and repair of goods after the initial warranty expires. The Contractor shall indicate this additional service as a separate item on the invoice and the Purchase Order. 6.10 Product Information Requests by Customers for product literature, specifications, and technical information must be provided within five (5) working days after receipt of written request, at no charge to Customers. 6.11 Recycled Content The State encourages the use of commodities containing recycled content. Bidders are encouraged to report such availabilities to State Purchasing. To report this information, submit with the bid the form Recycled Content Information Report included in the solicitation documents. 52 ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT CONTRACTOR: Ariens Company - Gravely FEIN: 390135100 Bid/Contract Administration Name: Ron Marcellus Title: Director National Accounts Street Address: 655 West Ryan Street, Brillion, WI 541 10 E-mail Address: rmarcellus@ariens.com Phone Number(s): 847-867-8228 / 800-538-4144 ext. 5034 Fax Number: 920-756-4469 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: 655 West Ryan Street City, State, Zip: Brillion, WI 541 10 Phone Number: 920-756-2 14 1 Toll Free Number: 8 8 8-927-43 67 Ordering Fax Number: 920-756-4469 Internet Address: Orders: oecelloari ens. corn Federal ID Number: 390 13 5 100 Remit Address: 3 177 Paysphere Cir. City, State, Zip: Web : www . ari ens. com or www . gravel y. corn Chicago, IL 60674 53 W b 4 z w go zz a c v: G n n a! d W 00 0 m hl s If: 2 - tl - m N m 0 W m W - 3 hl m - N N m hl m - Li 8 8 d - n m 2 8 d C U z Vl C C (u - F5 s 2 3 0 z c;’ d - IC, IC, ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT CONTRACTOR: Magic Circle Corporation, Dixie ChoDper FEIN: 35-1508330 BidKontract Administration Name: Darren Hughes Title: National Sales Administrator Street Address: E-mail Address: darren.hughes@,dixiechopper.com Phone Number(s): Fax Number: 7652466336 6302 E County Rd 1 OON Coatesville IN, 46 12 1 765 246 7737 ext 227 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: City, State, Zip: Phone Number: Toll Free Number: Ordering Fax Number: Internet Address: Federal ID Number: Remit Address: City, State, Zip: See Attached Below for all information Available. Thanks Same as Address listed for all below 56 r- I T U U U! - 8 '5 P r - U U c c - t + ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT CONTRACTOR: FEIN: 480663592 Excel Industries, Inc.. dba as Hustler Turf Equipment, Inc. Bid/Contract Administration Name: John C. Austin Title: Account Specialist Street Address: 200 South Ridge Road, P.O. Box 7000 E-mail Address: iaustin@hustlerturf.com Phone Number(s): 620 327 1220 Fax Number: 602 327 3 123 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: P.O. Box 7000 City, State, Zip: Hesston, KS 67062-2097 Phone Number: 620-327-1220 Toll Free Number: 1-800-395-4757 Internet Address: jaustin@hustlerturf.com / www.hustlerturf.com Federal ID Number: 480663592 Remit Address: P.O. Box 641989 City, State, Zip: Cincinnati, OH 45264 Ordering Fax Number: 620-327-3 123 Certified Dealers (Duplicate as necessarv) Company Name: Excel Industries, Inc., dba Hustler Turf Equipment, Inc. Contact Name: John Austin Street Address or P.O. Box: P.O. Box 7000 City, State, Zip: Hesston, KS 67062-2097 E-mail Address: iaustin@,hustlerturf.com Internet Homepage Address: www.hustlerturf.com Phone Number: 620 327 12120 Toll free Number: Same Ordering Fax Number: Same Federal ID Number: Same Remit Address: Same City, State, Zip: Same SPURS Vendor Number: #480663 592-00 1 60 ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT BIDDER: Florida Outdoor Equipment VENDOR TAX ID NUMBER: 59-1 672 196 Contact Information: Name: Keith E. Ramker Title: Inside Sales Street Address: 2691 Dardanelle Drive E-mail Address: keithr@,floridaoutdoor.com Phone Number(s): 407-295-501 0 Fax Number: 407-295-7960 Ordering Information: Name: Keith E. Ramker Title: Inside Sales Street Address or P.O. Box: 2691 Dardanelle Drive City, State, Zip: Orlando, FL 32808 Phone Number: 407-295-5010 ext306 Cell Phone Number: 352-223-4884 Toll Free Number: 800-869-3533 Ordering Fax Number: 407-295-7960 E-mail Address: keithr@floridaoutdoor.com Federal ID Number: 59- 1 672 196 Remit Address: 269 1 Dardanelle Drive City, State, Zip: Orlando, FL 32808 61 ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT CONTRACTOR: John Deere Company - A Division of Deere & Company FEIN: 36-2382580 BidKontract Administration Name: Shawn Spencer Title: Contract Administrator Street Address: 2000 John Deere Run, Cary, North Carolina, 275 13 E-mail Address: GNSBids@JohnDeere.com Phone Number(s): 800-358-501 0. extension 2222 Fax Number: 91 9-804-2485 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: 2000 John Deere Run City, State, Zip: Cary, North Carolina. 275 13 Phone Number: 800-358-501 0, option 1. option 1 Toll Free Number: 800-358-5010. option 1, option 1 Ordering Fax Number: 9 19-804-2485 Internet Address: ContractSales@JohnDeere.com Federal ID Number: 36-2382580 Remit Address: 2 1748 Network Place City, State, Zip: Chicago. Illinois. 60673-121 7 62 ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT CONTRACTOR: Kilpatrick Turf FEW: 65-0522547 BidKontract Administration Name: Joseph E. Childers Title: Sales Rep Street Address: 7700 High Ridpe Road, Boynton Beach, F1. 33426 E-mail Address: ichilders@kilpatrickco.com Phone Number(s): 800-782-7399 Fax Number: 561-533-1516 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: 7700 High Ridge Road City, State, Zip: Boynton Beach, F1. 33426 Phone Number: 561-533-1450 Toll Free Number: 800-782-7399 Ordering Fax Number:561-533-1516 Internet Address:jchilders@kilpartickco.com OR tserrick@,kilpartickco.com Federal ID Number: 65-0522547 Remit Address: 7700 High Ridge Road City, State, Zip: Boynton Beach, F1. 33426 63 Certified Dealers (Duplicate as necessarv) Company Name: Kilpatrick Turf SPURS Vendor Number: F65-0522547-004 Contact Name: Joseph E. Childers City, State, Zip: Boynton Beach, Fl. 33426 Street Address or P.O. Box 7700 High Ridge Road E-mail Address: jchilders(i2kilpartickco.com Internet Homepage Address: www.kilpatrickco.com Phone Number: 561-533-1450 Toll fiee Number: 800-782-7399 Ordering Fax Number: 561-533-1516 Federal ID Number: 65-0522547 Remit Address: 7700 High Ridge Road City, State, Zip: Boynton Beach, F1. 33426 Service Representatives (Duplicate as necessarv) Company Name: Kilpatrick Turf SPURS Vendor Number: F65-0522547-004 Contact Name: Joseph E. Childers Street Address or P.O. Box: 7700 High Ridge Road City, State, Zip: Boynton Beach, F1. 33426 E-mail Address: ichilders@,kilDartickco.com Internet Homepage Address: www.kilpatrickco.com Phone Number: 561-533-1450 Toll free Number: 800-782-7399 Ordering Fax Number: 561-533-1516 Federal ID Number: 65-0522547 Remit Address: 7700 High Ridge Road City, State, Zip: Boynton Beach. F1. 33426 64 ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT CONTRACTOR: Live Oak Lawn Supply Inc. FEN: 592773682 Bid/Contract Administration Name: John Chapman Title: President Street Address: 6406 Danner Drive E-mail Address: jchapman@liveoakls.com Phone Number(s): 941 -378-0391 Fax Number: 800-252-5305 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: 6406 Danner Drive City, State, Zip: Sarasota, FL 34240 Phone Number: 941-378-0391 Toll Free Number: Internet Address: Federal ID Number: 592773682 Remit Address: 6406 Danner Drive City, State, Zip: Sarasota, F1 34240 Ordering Fax Number: 800-252-5305 65 Certified Dealers (Duplicate as necessary) Company Name: A-1 Mower of Charlotte County Inc. SPURS Vendor Number: 5583 10 Contact Name: Dean Meinart Street Address or P.O. Box: 4079 Tamiami Trail City, State, Zip: Port Charlotte, F1 33592 E-mail Address: Internet Homepage Address: Phone Number: 941 -625-6278 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: 4079 Tamiami Trail City, State, Zip: Port Charlotte, F1 33592 Company Name: BILO Lawn Equipment SPURS Vendor Number: 5583 10 Contact Name: Rose Marsella Street Address or P.O. Box: 733 North Magnolia Ave. City, State, Zip: Ocala, FL 34475 E-mail Address: Internet Homepage Address: Phone Number: 352-732-4358 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: 733 North Magnolia Ave. City, State, Zip: Ocala. FL 34475 Iy Company Name: Dave's Power Equipment LLC SPURS Vendor Number: 5583 10 Contact Name: Mike Rousch Street Address: P.O. Box 429 City, State, Zip: Lake Hamilton, FL 33851 E-mail Address: Internet Homepage Address: Phone Number: 863-438-9888 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: P.O. Box 429 City, State, Zip: Lake Hamilton, FL 33851 66 Service Representatives (Duplicate as necessary) Company Name: Kendall Lawn Equipment SPURS Vendor Number: 558310 Contact Name: Jorge Neibla Street Address or P.O. Box: 14519 S.W. 42"d St. City, State, Zip: Miami. FL 33 175 E-mail Address: Internet Homepage Address: Phone Number: 305-225-33 17 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: 14519 S.W. 42"d St. City, State, Zip: Miami, FL 33 175 Company Name: Pro Lawn Supply Inc SPURS Vendor Number: 5583 10 Contact Name: Paul Stevens Street Address or P.O. Box: 61 8 Cattleman Rd. E-mail Address: Internet Homepage Address: Phone Number: 941-371-2966 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: 61 8 Cattleman Rd. City, State, Zip: Sarasota, FL 34232 City, State, Zip: Sarasota, FL 34232 Company Name: Wolff Lawn Machines SPURS Vendor Number: 5583 10 Contact Name: Mike Wolff Street Address or P.O. Box: 1790 River Rd. S.W. City, State, Zip: Moore Haven, FL 33471 E-mail Address: Internet Homepage Address: Phone Number: 863-946-0236 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: 1790 River Rd. S.W. City, State, Zip: Moore Haven, FL 33471 67 Service Representatives (Duplicate as necessary) Company Name: All Pro Equipment SPURS Vendor Number: 5583 10 Contact Name: Nathan Street Address or P.O. Box: P.O. Box 38355 City, State, Zip: Tallahassee, F1323 15 E-mail Address: Internet Homepage Address: Phone Number: 850-562-0830 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: P.O. Box 38355 City, State, Zip: Tallahassee. F1323 15 Company Name: John’s Lawn Eauipment SPURS Vendor Number: 5583 10 Contact Name: John Street Address or P.O. Box: 1629 North Ohio Ave. City, State, Zip: Live Oak, FL 32060 E-mail Address: Internet Homepage Address: Phone Number: 904-362-5020 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: 1629 North Ohio Ave City, State, Zip: Live Oak, FL 32060 Company Name: Zach’s Trading Post SPURS Vendor Number: 5583 10 Contact Name: Street Address or P.O. Box: P.O. 1225 City, State, Zip: Green Cove Springs, FL 32043 E-mail Address: Internet Homepage Address: Phone Number: 904-284-9340 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: P.O. 1225 City, State, Zip: Green Cove Springs, FL 32043 68 Service Representatives (Duplicate as necessary) Company Name: Cal’s Lawn Equipment SPURS Vendor Number: 5583 10 Contact Name: Cal Nieslv Street Address or P.O. Box: City, State, Zip: Clearwater, FL 33765 E-mail Address: Internet Homepage Address: Phone Number: 727-461 -01 69 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: 1872 Hercules Ave. City, State, Zip: Clearwater, FL 33765 1872 Hercules Ave. Company Name: Lawn Mower Head Quarters SPURS Vendor Number: 5583 10 Contact Name: Jim Kennedy Street Address or P.O. Box: City, State, Zip: Cape Coral, FL 33990 E-mail Address: Internet Homepage Address: Phone Number: 239-574-8929 Toll free Number: Ordering Fax Number: Federal ID Number: Remit Address: 1539 Del Prado BLVD. City, State, Zip: Cape Coral, FL 33990 1539 Del Prado BLVD. 69 ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT CONTRACTOR: MTD CONSUMER GROUP - Cub Cadet FEIN: 34-1909912 BidKontract Administration Name: Jim Strazar Title: National Accounts Coordinator Street Address: 5903 Grafton Rd E-mail Address: iim.strazarGilmtdproducts.com Phone Number(s): 330-558-4033 Fax Number: 888-804-5544 Name: Jeff Chenevert Title: National Accounts Manager Street Address: 5903 Grafton Rd, Valley City, OH 44280 E-mail Address: Jeffrey.chenevert@,mtdproducts.com Phone Number(s): 330-558-7301 office / 651-491-4476 cell Fax Number: 888-804-5544 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: 5903 Grafton Road City, State, Zip: Valley City, OH 44280 Phone Number: 330-558-4033 Toll Free Number: 800-800-9448 ext 4033 Ordering Fax Number: 888-804-5544 Internet Address: Federal ID Number: 34- 19099 12 Remit Address: P.O. Box 368023 City, State, Zip: Cleveland, OH 44136 70 Certified Dealers (Duplicate as necessary) Company Name: Cub Cadet of Central Florida SPURS Vendor Number: Contact Name: Jane Toney Street Address or P.O. Box: 3852 LB McLeod Road City, State, Zip: Orlando, FL, 32805 E-mail Address: terry@,toneydrilling.com Internet Homepage Address: Phone Number: 407-423-5678 Toll kee Number: Ordering Fax Number: 407-648- 1340 Federal ID Number: Remit Address: 3852 LB McLeod Road City, State, Zip: Orlando, FL, 32805 Company Name: Mims Power Center SPURS Vendor Number: Contact Name: Larry Mims Street Address or P.O. Box: 414 W. Hampton Springs Ave. City, State, Zip: Perry, FL 32347 E-mail Address: mims@gtcom.net Internet Homepage Address: Phone Number: 850-584-6733 Toll fiee Number: Ordering Fax Number: 850-584-2607 Federal ID Number: Remit Address: 414 W Hampton Springs Ave City, State, Zip: Perry, FL, 32347 Company Name: R&J Power Equipment SPURS Vendor Number: Contact Name: Roger Lusk Street Address or P.O. Box: 100 Hicks Street City, State, Zip: Palatka, FL, 32178 E-mail Address: ripe@,auglink.com Internet Homepage Address: Phone Number: 386-325-3356 Toll free Number: Ordering Fax Number: 3 86-325-6797 Federal ID Number: Remit Address: 100 Hicks Street City, State, Zip: Palatka, FL, 32 178 71 Company Name: All Terrain Lawn & Tractor SPURS Vendor Number: Contact Name: Gerald Davis Street Address or P.O. Box: 3 1800 Progress Road City, State, Zip: Leesburn, FL, 34748 E-mail Address: allterrainlawnandtractor@yahoo.com Internet Homepage Address: Phone Number: 352-360-1398 Toll free Number: Ordering Fax Number: 352-360-0323 Federal ID Number: Remit Address: 3 1800 Progress Road City, State, Zip: Leesburn, FL. 34748 Company Name: Florida Lawn & Garden SPURS Vendor Number: Contact Name: Stephen Frabitore Street Address or P.O. Box: 3326 SE Dixie Hwv City, State, Zip: Stuart, FL, 34997 E-mail Address: sfravitore@floridalawnandnarden.com Internet Homepage Address: Phone Number: 772-463-4669 Toll fiee Number: Ordering Fax Number: 772-463-7649 Federal ID Number: Remit Address: 3326 SE Dixie HwY City, State, Zip: Stuart, FL, 34997 Company Name: Pasco Power SPURS Vendor Number: Contact Name: Herbert Caterton Street Address or P.O. Box: 8607 Gall Blvd City, State, Zip: Zephyrhills. FL, 33541 E-mail Address: pascopower@,aol.com - Internet Homepage Address: Phone Number: 8 13-788-4446 Toll free Number: Ordering Fax Number: 8 13-788-5445 Federal ID Number: Remit Address: 8607 Gall Blvd City, State, Zip: Zephyrhills, FL, 33541 72 Company Name: Cub Cadet of Brevard SPURS Vendor Number: Contact Name: Terry Robinson Street Address or P.O. Box: 496 Louis Drive City, State, Zip: Cocoa, FL. 32926 E-mail Address: Internet Homepage Address: Phone Number: 32 1-632-6696 Toll free Number: Ordering Fax Number: 32 1-632-6944 Federal ID Number: Remit Address: 496 Louis Drive City, State, Zip: Cocoa, FL, 32926 Company Name: Henrey’s Tractors & Equipment SPURS Vendor Number: Contact Name: William Newsome Street Address or P.O. Box: 13938 Hwy 77 City, State, Zip: Panama City, FL, 32409 E-mail Address: henhard@bellsouth.net Internet Homepage Address: Phone Number: 850-271-1315 Toll free Number: Ordering Fax Number: 850-265-6903 Federal ID Number: Remit Address: 13938 Hwy 77 City, State, Zip: Panama City, FL, 32409 Company Name: Macclenny Cycle & Marine SPURS Vendor Number: Contact Name: Steve Williams Street Address or P.O. Box: 185 South Lowder St City, State, Zip: Macclenny, FL, 32063 E-mail Address: steve@sctel.net Internet Homepage Address: Phone Number: 904-259-5494 Toll free Number: Ordering Fax Number: 904-259-5076 Federal ID Number: Remit Address: 185 South Lowder St City, State, Zip: Macclenny, FL, 32063 73 Company Name: Florida Lawn & Garden SPURS Vendor Number: Contact Name: Street Address or P.O. Box: 9005 Southern Blvd City, State, Zip: West Palm Beach, FL, 3341 1 E-mail Address: sales@floridalawnandnarden.com Internet Homepage Address: Phone Number: 561-793-6530 Toll free Number: Ordering Fax Number: 561-793-7025 Federal ID Number: Remit Address: 9005 Southern Blvd City, State, Zip: West Palm Beach, FL, 3341 1 Company Name: Choo-Choo’s Lawn Equipment SPURS Vendor Number: Contact Name: Danny Scofield Street Address or P.O. Box: 3206 Sydney Road City, State, Zip: Plant City, FL, 33567 E-mail Address: choochoolawn@msn.com Internet Homepage Address: Phone Number: 813-659-1718 Toll free Number: Ordering Fax Number: 8 13-659-9362 Federal ID Number: Remit Address: 3206 Sydney Road City, State, Zip: Plant City, FL, 33567 Company Name: Moore Motors SPURS Vendor Number: Contact Name: Dennis Moore Street Address or P.O. Box: 1090 South US 1 City, State, Zip: Vero Beach, FL, 32962 E-mail Address: moor29@,netscape.net Internet Homepage Address: Phone Number: 772-569-9908 Toll free Number: Ordering Fax Number: 772-569- 1443 Federal ID Number: Remit Address: 1090 South US 1 City, State, Zip: Vero Beach, FL, 32962 74 Company Name: Nassau Equiument Inc SPURS Vendor Number: Contact Name: Neil Street Address or P.O. Box: 2385 Jamestown Rd. City, State, Zip: Fernandina Beach, FL, 32034 E-mail Address: naseqp@bellsouth.net Internet Homepage Address: Phone Number: 904-32 1 - 1500 Toll free Number: Ordering Fax Number: 904-32 1-091 0 Federal ID Number: Remit Address: 2385 Jamestown Rd. City, State, Zip: Fernandina Beach, FL, 32034 Company Name: Ocala Mower SPURS Vendor Number: Contact Name: William Hurst Street Address or P.O. Box: 3129 NE 14th Street City, State, Zip: Ocala, FL, 34470 E-mail Address: ocalamowerl4st~,cs.com Internet Homepage Address: Phone Number: 352-351-8484 Toll free Number: Ordering Fax Number: 352-35 1-0285 Federal ID Number: Remit Address: 3 129 NE 1 4'h Street City, State, Zip: Ocala, FL, 34470 75 Service Representatives (Duplicate as necessary) Company Name: Cub Cadet of Central Florida SPURS Vendor Number: Contact Name: Jane Toney Street Address or P.O. Box: 3852 LB McLeod Road City, State, Zip: Orlando, FL, 32805 E-mail Address: terry@,toneydrilling.com Internet Homepage Address: Phone Number: 407-423-5678 Toll free Number: Ordering Fax Number: 407-648-1 340 Federal ID Number: Remit Address: 3852 LB McLeod Road City, State, Zip: Orlando. FL, 32805 Company Name: Mims Power Center SPURS Vendor Number: Contact Name: Larry Mims Street Address or P.O. Box: 414 W. Hampton Springs Ave. City, State, Zip: Perry, FL 32347 E-mail Address: mims@,gtcom.net Internet Homepage Address: Phone Number: 850-584-6733 Toll free Number: Ordering Fax Number: 850-584-2607 Federal ID Number: Remit Address: 414 W Hampton Springs Ave City, State, Zip: Perry, FL, 32347 Company Name: R&J Power Equipment SPURS Vendor Number: Contact Name: Roger Lusk Street Address or P.O. Box: 100 Hicks Street City, State, Zip: Palatka, FL, 32178 E-mail Address: rjpe@,auglink.com - Internet Homepage Address: Phone Number: 386-325-3356 Toll free Number: Ordering Fax Number: 386-325-6797 Federal ID Number: Remit Address: 100 Hicks Street City, State, Zip: Palatka, FL, 32 178 76 Company Name: All Terrain Lawn & Tractor SPURS Vendor Number: Contact Name: Gerald Davis Street Address or P.O. Box: 3 1800 Progress Road City, State, Zip: Leesburg FL, 34748 E-mail Address: allterrainlawnandtractor@,yahoo.com Internet Homepage Address: Phone Number: 352-360-1398 Toll fiee Number: Ordering Fax Number: 352-360-0323 Federal ID Number: Remit Address: 3 1800 Progress Road City, State, Zip: Leesburn, FL, 34748 Company Name: Florida Lawn & Garden SPURS Vendor Number: Contact Name: Stephen Frabitore Street Address or P.O. Box: 3326 SE Dixie Hwy City, State, Zip: Stuart, FL, 34997 E-mail Address: sfravitore@floridalawnandgarden.com Internet Homepage Address: Phone Number: 772-463-4669 Toll fiee Number: Ordering Fax Number: 772-463-7649 Federal ID Number: Remit Address: 3326 SE Dixie Hwy City, State, Zip: Stuart, FL, 34997 Company Name: Pasco Power SPURS Vendor Number: Contact Name: Herbert Caterton Street Address or P.O. Box: 8607 Gall Blvd City, State, Zip: Zephyrhills, FL, 33541 E-mail Address: pascopower@,aol.com Internet Homepage Address: Phone Number: 8 13-788-4446 Toll free Number: Ordering Fax Number: 8 13-788-5445 Federal ID Number: Remit Address: 8607 Gall Blvd City, State, Zip: Zephyrhills, FL, 33541 77 Company Name: Cub Cadet of Brevard SPURS Vendor Number: Contact Name: Terry Robinson Street Address or P.O. Box: 496 Louis Drive City, State, Zip: Cocoa, FL, 32926 E-mail Address: Internet Homepage Address: Phone Number: 321-632-6696 Toll free Number: Ordering Fax Number: 321 -632-6944 Federal ID Number: Remit Address: 496 Louis Drive City, State, Zip: Cocoa, FL, 32926 Company Name: Henrey’s Tractors & Equipment SPURS Vendor Number: Contact Name: William Newsome Street Address or P.O. Box: 13938 Hwy 77 City, State, Zip: Panama City. FL, 32409 E-mail Address: henhard@bellsouth.net Internet Homepage Address: Phone Number: 850-27 1 - 13 15 Toll free Number: Ordering Fax Number: 850-265-6903 Federal ID Number: Remit Address: 13938 Hwy 77 City, State, Zip: Panama City, FL, 32409 Company Name: Macclenny Cycle & Marine SPURS Vendor Number: Contact Name: Steve Williams Street Address or P.O. Box: 185 South Lowder St City, State, Zip: Macclenny, FL, 32063 E-mail Address: steve@sctel.net Internet Homepage Address: Phone Number: 904-259-5494 Toll free Number: Ordering Fax Number: 904-259-5076 Federal ID Number: Remit Address: 185 South Lowder St City, State, Zip: Macclenny, FL, 32063 78 Company Name: Florida Lawn & Garden SPURS Vendor Number: Contact Name: Street Address or P.O. Box: 9005 Southern Blvd City, State, Zip: West Palm Beach, FL, 3341 1 E-mail Address: sales@,floridalawnandaarden.com Internet Homepage Address: Phone Number: 561-793-6530 Toll free Number: Ordering Fax Number: 561-793-7025 Federal ID Number: Remit Address: 9005 Southern Blvd City, State, Zip: West Palm Beach, FL, 3341 1 Company Name: Choo-Choo’s Lawn Equipment SPURS Vendor Number: Contact Name: Danny Scofield Street Address or P.O. Box: 3206 Sydney Road City, State, Zip: Plant Citv, FL, 33567 E-mail Address: choochoolawn@,msn.com Internet Homepage Address: Phone Number: 813-659-1718 Toll free Number: Ordering Fax Number: 8 13-659-9362 Federal ID Number: Remit Address: 3206 Sydney Road City, State, Zip: Plant City, FL, 33567 Company Name: Moore Motors SPURS Vendor Number: Contact Name: Dennis Moore Street Address or P.O. Box: 1090 South US 1 City, State, Zip: Vero Beach. FL, 32962 E-mail Address: moor29@,netscape.net Internet Homepage Address: Phone Number: 7 72- 5 69-9908 Toll free Number: Ordering Fax Number: 772-569-1443 Federal ID Number: Remit Address: 1090 South US 1 City, State, Zip: Vero Beach, FL, 32962 79 Company Name: Nassau Equipment Inc SPURS Vendor Number: Contact Name: Neil Street Address or P.O. Box: 2385 Jamestown Rd. City, State, Zip: Fernandina Beach, FL, 32034 E-mail Address: naseqP@bellsouth.net Internet Homepage Address: Phone Number: 904-321-1500 Toll free Number: Ordering Fax Number: 904-32 1-091 0 Federal ID Number: Remit Address: 2385 Jamestown Rd. City, State, Zip: Fernandina Beach, FL, 32034 Company Name: Ocala Mower SPURS Vendor Number: Contact Name: William Hurst Street Address or P.O. Box: 3129 NE 14th Street City, State, Zip: Ocala, FL, 34470 E-mail Address: ocalamower14st@,cs.com Internet Homepage Address: Phone Number: 352-351-8484 Toll free Number: Ordering Fax Number: 352-351-0285 Federal ID Number: Remit Address: 3 129 NE 1 4th Street City, State, Zip: Ocala, FL. 34470 80 ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT CONTRACTOR: Sarlo Power Mowers, Inc. FEIN: 59-0832854 BidKontract Administration Name: Tony Sarlo Title: President Street Address: 23 15 Dr. Martin Luther King Blvd. Fort Myers, FL 33901 E-mail Address: tsarlo9082@aol.com Phone Number(s): 239-332-1955 Fax Number: 239-332-7212 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: P.O. Box 1169 City, State, Zip: Fort Myers, FL 33902 Phone Number: 239-332-1955 Toll Free Number: 800-749-5296 Ordering Fax Number:239-332-7212 Internet Address: tsarlo0982@,aol.com Federal ID Number: 59-0832854 Remit Address: P.O. Box 1169 City, State, Zip: Fort Myers, FL 33902 81 Certified Dealers (Duplicate as necessary) Company Name: Sarlo Power Mowers SPURS Vendor Number: F-590832854-005 Contact Name: Tony Sarlo Street Address or P.O. Box: P.O. Box 1169 City, State, Zip: Fort Myers, FL 33902 E-mail Address: Tsarlo9082@,aol.com Internet Homepage Address: www.sarlomower.com Phone Number: 239-332-1955 Toll free Number: 800-749-5296 Ordering Fax Number: 239-332-7212 Federal ID Number: 59-0832854 Remit Address: P.O. Box 1169 City, State, Zip: Fort Myers, FL 33902 Service Representatives (Duplicate as necessary) Company Name: Sarlo Power Mowers SPURS Vendor Number: F-590832854-005 Contact Name: Tony Sarlo Street Address or P.O. Box: P.O. Box 1169 City, State, Zip: Fort Myers, FL 33902 E-mail Address: Tsarlo9082@,aol.com Internet Homepage Address: www.sarlomower.com Phone Number: 239-332- 1955 Toll free Number: 800-749-5296 Ordering Fax Number: 239-332-72 12 Federal ID Number: 59-0832854 Remit Address: P.O. Box 1169 City, State, Zip: Fort Myers, FL 33902 82 ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT CONTRACTOR: Stihl Southeast, Inc. FEIN: 59-2862227 BidKontract Administration Name: Ward Brooks Title: Executive VP - Sales Street Address: 2304 W. Tafi Vineland Rd.. Orlando, FL 32837 E-mail Address: ward@,stihlse.com Phone Number(s): 407-240-7900 Fax Number: 407-240-7524 Name: Cheryl Grech Title: Customer Support E-mail Address: Cheryl@,stihlse.com Phone Number(s): 407-240-7900 Fax Number: 407-240-7524 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: 2304 W. Taft Vineland Rd. City, State, Zip: Orlando, F132837 Phone Number: 407-240-7900 Toll Free Number: 800-297-8445 Ordering Fax Number: 800-547-8445 E-mail Address: Chervl@stihlse.com or Melissa@,stihlse.com Internet Address: N/A Federal ID Number: 59-2862227 Remit Address: 2304 W. Taft Vineland Rd. City, State, Zip: Orlando, FL 32837 83 ATTACHMENT C ORDERING INSTRUCTIONS LAWN EQUIPMENT CONTRACTOR: Vermeer Southeast Sales & Service, Inc. FEIN: 59-1 156297 BidKontract Administration Name: Craig Sunberg Title: General Manager - Florida Street Address: 4401 Vineland Road, A15 Orlando, FL 3281 1 E-mail Address: craigsunbergG9vermeersoutheast .corn Phone Number(s): (407) 648-1 145 Fax Number: (407) 648-9755 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: PO Box 555367 City, State, Zip: Phone Number: (407) 648- 1 145 Toll Free Number: (800) 656-6593 Ordering Fax Number: (407) 648-9755 Internet Address: Federal ID Number: 59- 1 156297 Remit Address: PO Box 555367 City, State, Zip: Orlando, FL 3281 1 Orlando, FL 32855-5367 84 Certified Dealers (Duplicate as necessary) Company Name: Vermeer Alabama, Inc. SPURS Vendor Number: Contact Name: Rodney Martin Street Address or P.O. Box: City, State, Zip: Pensacola, FL 32526 E-mail Address: rodneymartin@vermeersoutheast.com Internet Homepage Address: Phone Number: (850) 944-8 1 10 Toll free Number: Ordering Fax Number: (850) 944-8 166 Federal ID Number: Remit Address: PO Box 555367 City, State, Zip: Orlando, FL 32855-5367 6691 Mobile Highway Company Name: Vermeer Southeast Sales & Service, Inc. SPURS Vendor Number: Contact Name: Richard Longden Street Address or P.O. Box: City, State, Zip: Jacksonville, FL 32256 E-mail Address: richardlongden@vermeersoutheast.com Internet Homepage Address: Phone Number: (904) 262-4400 Toll free Number: (800) 873-4404 Ordering Fax Number: (904) 262-06 19 Federal ID Number: 59- 1 156297 Remit Address: PO Box 555367 City, State, Zip: Orlando, FL 32855-5367 1 1550 Phillips Highway Company Name: Vermeer Southeast Sales & Service, Inc. SPURS Vendor Number: Contact Name: Ken Cooper Street Address or P.O. Box: 4559 Old Winter Garden Road City, State, Zip: Orlando, FL 3281 1 E-mail Address: kencooper@vermeersoutheast.com Internet Homepage Address: Phone Number: (407) 295-2020 Toll free Number: (800) 432-08 10 Ordering Fax Number: (407) 293-8087 Federal ID Number: 59- 1 156297 Remit Address: PO Box 555367 City, State, Zip: Orlando, FL 32855-5367 85 Service Representatives (Duplicate as necessary) Company Name: Vermeer Southeast Sales & Service, Inc. SPURS Vendor Number: Contact Name: Mark Miller Street Address or P.O. Box: 12785 44'h Street, North City, State, Zip: Clearwater, FL 33762 E-mail Address: markmiller@,vermeersoutheast.com Internet Homepage Address: Phone Number: (727) 299-9200 Toll free Number: (877) 299-9207 Ordering Fax Number: (727) 299-01 66 Federal ID Number: 59- 1 156297 Remit Address: PO Box 555367 City, State, Zip: Orlando, FL 32855-5367 Company Name: Vermeer Southeast Sales & Service, Inc. SPURS Vendor Number: Contact Name: Mark Miller Street Address or P.O. Box: 223 1 Flint Drive City, State, Zip: Ft. Myers, FL 33916 E-mail Address: markmiller@vermeersoutheast.com Internet Homepage Address: Phone Number: (239) 337-5900 Toll free Number: (800) 336-5901 Ordering Fax Number: (239) 337-5901 Federal ID Number: 59- 1 156297 Remit Address: PO Box 555367 City, State, Zip: Orlando, FL 32855-5367 Company Name: Vermeer Southeast Sales & Service, Inc. SPURS Vendor Number: Contact Name: Jeff Roberts Street Address or P.O. Box: 1060 West Industrial Avenue City, State, Zip: Bovnton Beach. FL 33426 E-mail Address: ieffroberts@,vermeersoutheast.com Internet Homepage Address: Phone Number: (561) 742-7400 Toll free Number: (800) 455-381 1 Ordering Fax Number: (561) 742-7448 Federal ID Number: 59- 1 156297 Remit Address: PO Box 555367 City, State, Zip: Orlando, FL 32855-5367 86 Company Name: Vermeer Southeast Sales & Service, Inc. SPURS Vendor Number: Contact Name: Jeff Roberts Street Address or P.O. Box: 13301 SW 131St Street City, State, Zip: Miami. FL 33 186 E-mail Address: ieffroberts@,vermeersoutheast.com Internet Homepage Address: Phone Number: (305) 234-4556 Toll free Number: (866) 583-7633 Ordering Fax Number: Federal ID Number: 59- 1 156297 Remit Address: PO Box 555367 City, State, Zip: Orlando, FL 32855-5367 87 Wesco Turf Supply, Inc. CONTRACTOR: Wesco Turf Supply, Inc. Federal ID Number: 52-2 120964 BiaContract Administration Name: Donna Phillips Title: Commercial Sales Coordinator Street Address: 300 Technology Park City, State, Zip: Lake Mary, FL 32746 E-mail Address: donna.phillips@wtsupply.com Phone Number( s): 407-3 3 3 -3 600, 800-393 -3 3 66 Fax Number: 407-333-9246 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: 300 Technology Park City, State, Zip: Lake Mary, FL 32746 Phone Number: 407-3 3 3 -3 600 Toll Free Number: 800-393-3366 Ordering Fax Number: 407-333-9246 Internet Address: www.wescoturf.com Federal ID Number: 52-2 120964 Remit Address: 300 Technology Park City, State, Zip: Lake Mary, FL. 32746 Certified Dealers Company Name: Wesco Turf Supply, Inc. Federal ID Number: 52-2 120964 Contact Name: Donna Phillips Street Address or P.O. Box: 300 Technology Park City, State, Zip: Lake Mary, FL 32746 E-mail Address: donna.phillips@wtsupply.com Internet Homepage Address: www.wescoturf.com Phone Number: 407-333-3600 Toll free Number: 800-393-3366 Ordering Fax Number: 407-333-9246 Federal ID Number: 52-2 120964 Remit Address: 300 Technology Park City, State, Zip: Lake Mary, FL. 32746 88 Service Representatives Company Name: Wesco Turf Supply, Inc. Street Address or P.O. Box: 7037-37 Commonwealth Avenue City, State, Zip: Jacksonville, FL 32220 Phone Number: 904-783-0500 Toll free Number: 900-900- 1 5 13 Company Name: Wesco Turf, Inc. Street Address or P.O. Box: 2101 Cantu Court City, State, Zip: Sarasota, FL 34232 Phone Number: 941-377-6777 Company Name: Hector Turf, Inc. Street Address or P.O. Box: 1301 N.W. Third Street City, State, Zip: Deerfield Beach, FL 33422 Phone Number: 954-429-3200 Company Name: Jerry Pate Turf & Irrigation Street Address or P.O. Box: 301 Shubert Drive City, State, Zip: Pensacola, FL 32504 Phone Number: 954-429-3200 IN STATE REPRESENTATIVES: [NAME ADDRESS & PHONE NO. i 1 Wesco Turf Supply, 1300 Technology Park ILake Mary, FL 32746 I IPhone: 407-33-3600 i 1 Wesco Turf Supply, 17037-37 Commonwealth Avenue I I I Jacksonville, FL 32220 i I IPhone: 904-783-0500 I 12 1 o 1 Cantu court I I Wesco Turf, Inc. I I Sarasota, FL34232 IPhone: 941-377-6777 i hector Turf 1301 NW 3RD Street 1 IDeerfield Beach, FL33422 I Phone: 954-429-3200 89 Jerry Pate Turf & Irrigation IPhone: 954-429-3200 301 Shubert Drive Pensacola. FL32504 Tor0 Dingo Dealers Florida Top Line Equipment Street Address or P.O. Box: 6650 Elva St. City, State, Zip: Milton, F1. 32570 Phone Number: 850-626-7550 Contact Name: Billy Thompson Green South Equipment Street Address or P.O. Box: 2890 Industrial Plaza Dr. City, State, Zip: Tallahassee, F1. 32301 Phone Number: 850-877-5522 Contact Name: Dave Emerson Green South Equipment Street Address or P.O. Box: 61 1 Blanding Blvd City, State, Zip: Orange Park, F1. 32073 Phone Number: 904-272-2272 Contact Name: Jonathan Watts Florida Equipment Specialists Street Address or P.O. Box: 2727 West Main St. City, State, Zip: Leesburg, F1. 34748 Phone Number: 352-787-7607 Contact Name: Tom Garner Wilson Tractor Street Address or P.O. Box: 12410 US HWY 301 City, State, Zip: Dade City, F1. 33525 Phone Number: 352-567-5002 Contact Name: Bruce Wilson Kelly Tractor Company Street Address or P.O. Box: 7905 NW 58th St. City, State, Zip: Miami, F1. 33 166 Phone Number: 305-592-71 84 Contact Name: John Socol 90 Kelly Tractor Company Street Address or P.O. Box: 5460 Okeechobee BLVD City, State, Zip: West Palm Beach, F1. 33417 Phone Number: 561-683-1231 Tom Mohr Kelly Tractor Company Street Address or P.O. Box: 2801 Reese Road City, State, Zip: Davie, F1. 33314 Phone Number: 954-581-8181 Contact Name: Bob Capmbell Kelly Tractor Company Street Address or P.O. Box: 3636 Prospect Ave. City, State, Zip: Naples, F1. 34104 Contact Name: Jim Keegan 239-403-3636 Kelly Tractor Company Street Address or P.O. Box: 9651 Kelly Tractor Dr. City, State, Zip: Ft. Myers, F1. 33905 Phone Number: 239-693-6563 Contact Name: Jim Keegan 91 Date Prepared: January 16,2007 Resolution 15, 2007 EXHIBIT C 3 SIEMENS Siemens Financial Services, Inc. EQUIPMENT LEASE AGREEMENT #: 729-0052267-001 DearCustomer: This Equipment Lease Agreement (this "Lease") has been written in "Plain English". When we use the words you and yourin this Lease, we mean you, ourcustomer, which is the Lessee indicated below. When we use the words we, us, and our in this Lease, we mean the Lessor, Siemens Financial Services, Inc. Our address is 170 Wood Avenue South, Iselin. NJ 08830. -THIS LEASE IS A BUSINESS TRANSACTION AND NOT A CONSUMER TRANSACTION - I CUSTOMER NAME 1 of Palm Reach Gardens Company Social Secuntyrax ID Number 10500 N Militarv Trail Palm Beach Gardens FL 33410 LegallHQ Address City County State ZIP /5611804-7014 ext Din0 DeRostainp Phone Number Contact Person Title Billing Address (if different from above) City County State ZIP Customer's State of InGorporationlOrganization [ EQUIPMENT INFORMATION I Description (collectively "Equipment") - attach schedule, if needed Equipment Cost $220,916.00 Golf Maintenance Equipment per the Quotation from Hector Turf dated December 1, 2006 anached hereto and made a part hereof. Equlpment Locatlon(s) (If different from above) 11401 Northlake Blvd Palm Beach Gardens Municipal Golf Course, Palm Beach Gardens, FL 33412 TOTAL EQUIPMENT COST $220,916.00 I SUPPLIER 1 (954) 429-3200 ext Roxanna Mayea Hector Turf Deerfield Beach, FL 33442 (954) 429-3200 ext Roxanna Mayea Name ("Supplier") Address Phone Number Contact Person ALL AMOUNTS INDICATED BELOW ARE SUBJECT TO APPLICABLE TAXES 1 ADVANCE PAYMENTS (Payable on signing) I I TERM AND LEASE PAYMENT SCHEDULE I I END OF LEASE PURCHASE OPTION I Lease Ten in Months 48 (plus Interim Period, if applicable) Payment Period: Annual Level Payment ("Lease Term") Schedule of Lease Payments ("Lease Payments") #4 at # at # at # at Advance Lease Payment(s)' $53.373.31 SaleslUse Tax $0.00 Security Deposit $0.00 Total Amount Due $53.623.31 One-time Documentation Fee $250.00 Unless otherwise noted, Advance Lease Payment(s) will be applied, upon the effective date of this Lease, to Lease Payment #1, then to the remaining payments in reverse order. a 1. Fair Market Value Purchase Option ("FMV Option") 0 2. Fixed Purchase Option ("a Option') of: a) $ $ Dollar Amount OR b) % of Total Equipment Cost NOTE: If no box is checked or more than one Box is checked, FMV Option will apply. I TERMS AND CONDITIONS 1 BY SIGNING THIS LEASE: (I) YOU ACKNOWLEDGE THATYOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ON THE FRONT AND BACK OF THIS LEASE; (11) YOU AGREE THAT THIS LEASE IS A NET LEASE THAT YOU CANNOT TERMINATE OR CANCEL, YOU HAVE AN UNCONDITIONAL OBLIGATION TO MAKE ALL PAYMENTS DUE UNDER THIS LEASE, AND YOU CANNOT WITHHOLD, SET OFF OR REDUCE SUCH PAYMENTS FOR ANY REASON: (iii) YOU CONFIRM THIS IS A BUSINESS, NOT CONSUMER, TRANSACTION; (lv) YOU CONFIRM THAT YOU DECIDED TO ENTER INTO THIS LEASE RATHER THAN PURCHASE THE EQUIPMENT FOR THE TOTAL CASH PRICE; (v) YOU ACKNOWLEDGE THAT NEITHER THE SUPPLIER NOR ANY SALESPERSON, EMPLOYEE OR AGENTOF SUPPLIER IS OUR AGENTOR HAS ANY AUTHORITYTO BIND US IN ANY WAY; AND (vi) THE SIGNER FOR LESSEE CERTIFIES THAT @)HE IS AUTHORIZED TO SIGN THIS LEASE ON BEHALF OF LESSEE. \ f--\(Continued on the back of this page) LESSEE: City of Palm Beach Gardens X Authorized Signature Printed Name and Title Date C lSismsMu)oc TemplateaEU 0505 (new) doc 1. LEASE: You agree to lease the Equipment on the terms and conditions shown on the front and back of this Lease. If you have entered into any purchase or supply contract (-Suppry Contract"), you assign to us your rights under such Supply Contract. If you have not entered into a Supply Contract, you authorize us to enter into a Supply Contract on your behalf or purchase the Equipment under Supplier's standard terms and conditions. You, not we, will be responsible for all obligations under the Supply Contract (e.g., delivery, installation, etc.), except for the obligation to pay for the Equipment if the Commencement Date occurs and you timely deliver to us such documents and assurances as we request. 2. TERM; PAYMENTS: This Lease will become effective when we accept it at our corporate offices and will continue through the last day of the LeaseTerm. The LeaseTerm starts on the date you accept the Equipment, as evidenced by a delivery and acceptance certificate in the form supplied by us ('Commencement Date"). You will pay us all Lease Payments when due. The first Lease Payment is due on the first day of the month imme- diately following the Commencement Date ("Flmt Payment Date") and the remainder on the same day of each consecutive payment period through the end of the Lease Term. In addition, for the time period from the Commencement Date to the First Payment Date ("hterlm Period"), you will pay us upon invoice an amount equal to the average Lease Payment divided by 30 and multiplied by the number of days in the Interim Period. You will make all payments under this Lease to us at such address as we may specify. You authorize us to adjust the Lease Payment accordingly, but not more than lSX, if the final Total Equipment Cost differs from the original Total Equipment Cost. If any amount payable under this Lease is not paid when due, you will pay us a late charge of 1,3% per month of each late payment (limited by the maximum amount permitted by law). Anysecuritydeposit you give us will not bear interest and we may deposit it with our own funds and apply it to your obligations under this Lease. 3. NO WARRANTIES; LIABILITY LIMITATION: We are leasing the Equipment to you "AS IS". YOU ACKNOWLEDGE THAT WE DO NOT MANUFACTURE THE EQUIPMENT, WE DO NOT REPRESENT THE MANUFACTURER OR THE SUPPLIER, AND YOU HAVE SELECTED THE EQUIPMENT AND SUPPLIER BASED UPON YOUR OWN JUDGMENT. WE MAKE ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED (INCLUDING wmwnEs OF MERCHANTABILITY OR FITNESS FOR A Pmncuu PURPOSE). YOU AGREE THAT REGARDLESS OF CAUSE, WE ARE NOT RESPON- SIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THIS LEASE OR THE EQUIPMENT. We transfer to you for the Lease Term any warranties made by the manufacturer or Supplier under a Supply Contract and you agree not to assert against us any Equipment problems. 4. EQUIPMENT USE; REPAIR: At your own expense, you will keep the Equipment eligible for any manufacturer's certification and in good condition. You will use the Equipment in compliance with all laws and not make any alterations, additions or replacements to the Equipment. You will keep and use the Equipment only at the Equipment Location. You may not move the Equipment without our written consent. We may inspect the Equipment at any reasonable time. 5. TAXES; INDEMNIFICATION: (a) You will pay when due, either directly or to us upon our demand, all taxes, fees, fines and penalties relating to this Lease or the Equipment that are now or in the future assessed or levied by any state, local or other governmental autho- rity. We will file all personal property, use or other tax returns (unless we notify you otherwise in writing). We do not have to contest any taxes, fines or penalties. You will pay estimated property taxes with each Lease Payment or annually, as invoiced. (b) You are responsible for any losses, damages, penalties. claims, suits and actions (including reasonable legal fees), (collectively -Claims") whether based on a theory of strict liability or otherwise caused by or related to (i) the manufacture, installation, ownership, use, condition, lease, possession, delivery, return or acceptance of the Equipment, or (ii) any defects in the Equipment. You agree to reimburse us (and our assigns)for. and ifwe (orour assigns) request, to defend us (or our assigns) against, any such Claims. 6. TITLE RECORDING; CHANGES: We are the owner of and will hold title to the Equipment. You will keep the Equipment free of all liens, claims and encumbrances. If you selected the FMV Option, you agree that this transaction is a true lease. However, if this transaction is deemed to be a lease intended for security, you grant us a purchase money security interest in the Equipment (including any replacements, substitutions, additions, attachments and Proceeds (as defined in the applicable Uniform Commercial Code) thereof). You will deliver to us signed financing statements or other documents we request to protect our interest in the Equipment. YOU AUTHORIZE US TO FILE IN ANY FILING OFFICES AS WE MAY DETERMINE, YOU AGREE TO EXECUTE (IF REQUESTED), AND ON YOUR BEHALF, FINANCING STATEMENTS COVERING THE EQUIPMENT. You shall provide us with written notice at least thirty (30) days prior to changing your name, state of organization or organizational structure. 7. ARTICLE 2A; FINANCE LEASE: You agree that if Article =-Leases of the Uniform Commercial Code applies to this Lease, this Lease will be considered a "finance lease" as that term is defined in Article 2. AND TO THE EXTENT PERMITIED BY LAW, YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 7.A. By signing this Lease, you agree that either (i) you have reviewed, approved and received, a copy of the Supply Contract or (ii) that we have informed you of the identity of !he Supplier, that you may have rights under the Supply Contract, and that you may contact the Supplier for a description of those rights. 8. RISK OF LOSS; INSURANCE (a) You are responsible for any loss, theft or destruc- tion of, or damage to, the Equipment (collectively "Loss") from any cause whatsoever. until it is returned to us at the end of this Lease. You are required to continue to make all Lease Payments even if there is a Loss. You must notify us in writing immediatelyof any Loss and, at our option, you will either (i) repair the Equipment so that it is in good condition eligible for any manufacturer's certification, or (ii) pay us the amounts specified in Section 9(b)(ii) below. (b) You will provide and maintain at your expense (i) "fire and allied perils" and "all risks" property insurance (as primary insurance for you and us) covering the loss, theft, destruction of, or damage to, the Equipment for its full replacement value, naming us (and our assigns) as loss payee, and (ii) comprehensive general liability insurance, naming us (and our assigns) as an additional insured. You will give us certificates or other evidence of such insurance when requested. Such insurance will be in a form, amount and with companies acceptable to us, and will provide that we will be given 30 days advance notice of any cancellation or material change of such insurance. In addition, if you don't give us the required certificates, we may, at our discretion, obtain property insurance covering our interest in the Equipment from an insurer of our choice, including an affiliate. and you will pay us the costs of such insurance and our fees for placing and maintaining the insurance ("Insurance Charge"). You will pay the Insurance Charge in equal installments allmated to the remaining Lease Payments (plus interest on such allocation at 1.3% per month). You will cooperate with our insurance agent in all respects. No insurance relationship will exist between us (including our agents), and you. As we have no obligation to obtain insurance, YOU APPOINT US OR OUR DESIGNEE AS YOUR A'ITORNEY-IN-FACT TO EXECUTE we may terminate any coverage we've arranged. If we replace or renew the insurance, the costs, limits or conditions may change. 9. DEFAULT; REMEDIES: (a) Each of the following is a "Default" under this Lease: (i) you fail to pay any Lease Payment or other payment within 10 days of ik due date, (ii) you do not perform any of your other obligations under this Lease or under any other agreement or note with us and this failure continues for 10 days after we have notified you of it, (iii) you become insolvent, die, your business ispissolved, you assign your assets for the benefit of your creditors, or enter (voluntarily or involuntarily) any bankruptcy or reorganization proceeding; or (iv) any guarantor of this Lease becomes subiect to one of the events listed in clause (iii) above. (b) Upon a Default, we may do one or more of the following (to the extent permitted by law):. (i) we may cancel or terminate this Lease or any other agreements with you; (ii) we may require you to immediately pay us, as compensation for loss of our bargain and not as a penalty, an amount equal to (A) if the FMV Option was selected, the total of all unpaid Lease Payments for the remainder of the Lease Term plus the amount of our original anticipated residual interest in the Equipment, such sum discounted at 5% per annum; or (E) if the FX Option was selected, the total of all unpaid Lease Payments for the remainder of the Lease Term, plus the indicated amount of the FX Option, such sum discounted at the interest rate implicit in this Lease (assuming exercise of the FX Option); plus, in either case, all other amounts due and unpaid under this Lease; (iii) we or our agent may peacefully repossess the Equipment without court order; (iv) we may require you to return the Equipment to us as set forth in Section 11; and (v) we may exercise any other right or remedy available under law. You agree to pay all of our costs of enforcing our rights against you under this Lease (whether incurred before or after judgment), including reasonable attorneys' fees, and you agree that attorneys' fees of at least 20% of the total amount sought by us under this Lease are reasonable. lfwe take possession of the Equipment, we may sell or otherwise dispose of it with or without notice. at a public or private sale, and apply the net proceeds (afler we have deducted all costs related to the sale or disposition of the Equip- ment) to the amounts that you owe us. You will remain responsible for any amounts that are due afler we have applied such net proceeds. You agree that if notice of sale is required to be given by law, 10 days' notice will be reasonable notice. 10. PURCHASE OPTION; AUTOMATIC RENEWAL: If no Default exists, you will have the option (which will be irrevocable by you once exercised) at the end of the original or any renewal term to purchase all (but not less than all) of the Equipment at (i) its fair market value (if the FMV Option was selected); or (ii) the indicated amount shown on the front of this Lease (if the FX Option was selected), plus in either case, any applicable taxes. You must give us at least 120 days but not more than 180 days written notice before the end of the Lease Term or any renewal term that you will purchase the Equipment or that you will return the Equipment to us. If you do not (a) give us such notice or (b) after giving us such notice, purchase the Equipment in accordance with this Section or return the Equipment in accordance with Section 11, this Lease will automatically renew for successive 120 day terms until you comply with the notice and other requirements above. During such renewal(s) the Lease Payment will remain the same. We may cancel an automatic renewal term upon 10 days notice, prior to such renewal term. If the FMV Option was selected, the fair market value of the Equipment will be determined on a retail basis, and we will use our reasonable judgment to determine it. If you do not agree with us, such fair market value will be determined at your expense by an independent appraiser selected by us. Upon payment of the option amount, we shall transfer our interest in the Equipment to you "AS IS, WHERE IS". without any representation or warranty whatsoever, and this Lease will terminate. 11. RETURN: When you return the Equipment to us pursuant to Section 9 or 10 of this Lease, you will return the Equipment to us at your own risk in the same condition and appearance as when you received the Equipment (ordinarywear and tear excepted), free of all liens and encumbrances created by or through you, de-installed and packed for shipment in accordance with manufacturer's specifications, in good working order and eligible for manufacturer's maintenance, along with original user manuals and documentation, to any place in the United States we request. You will pay all expenses of deinstalling, crating and shipping, and you will insure the Equipment for its full replacement value during shipping. 12. ASSIGNMENT YOU MAY NOT ASSIGN, SELL, TRANSFER OR SUBLEASE THE EQUIPMENT OR YOUR INTEREST IN THIS LEASE. We may, without notifyng you. assign this Lease (andlor our rights in the Equipment). THE RIGHTS OF THE NEW OWNER WILL NOT BE SUBJECT TO ANY CLAIM, RECOUPMENT CLAIM, DEFENSE OR SET-OFF THAT YOU MAY HAVE AGAINST US. 13. NO JURY; JURISDICTION: YOU AND WE WAIVE ALL RIGHTS HEREUNDERTOA JURY TRIAL. THIS LEASE WILL BE GOVERNED BY THE LAWS OF NEW JERSEY AND SllTlNG IN OR FOR THE COUNTY OF MIDDLESEX. NEWJERSEY, IN ANY ACTION OR PROCEEDING RELATING TO THIS LEASE. YOU CONSENT TO SERVICE OF PROCESS AND ALL LITIGATION RELATED NOTICES AND DOCUMENTS BY CERTIFIED MAIL OR BY OVERNIGHT DELIVERY BY A NATIONALLY RECOGNIZED COURIER. 14. MISCELLANEOUS: This Lease will be binding upon and inure to the benefit of you and us, our legal representatives, heirs and permitted SUCC~SSO~S and assigns. You agree that the terms and conditions contained in this Lease make up the entire agreement between you and us regarding the lease of the Equipment and supersede all previous dealings. Any changes to this Lease must be in writing signed by you and us. If we delay or fail to enforce any of our rights under this Lease, we will still be entitled to enforce those rights at a later time. If any provision of this Lease is found to be unenforceable, such shall not invalidate the remaining provisions of this Lease. You agree that we alone may supply missing information or correct obvious errors in this Lease. You agree to supply us with any financial statements and tax returns that we request. All of our rights and indemnities will survive the termination of this Lease. It is the express intent of the parties not to violate any applicable usury laws or to exceed the maximum amount oftime price differential or interest, as applicable permitted to be charged or collected by applicable law, and any such excess payment will be applied to Lease Payments in inverse order of maturity, and any remaining excess will be refunded to you. All notices shall be in writing and sent to the other party by first class US. mail to the address on the front of this Lease (or to any other address specified by that party in writing) or by overnight delivery by a nationally recognized courier. If you do not perform any of your obligations under this Lease, we have the right but not the obligation to take any action that we believe is necessary and you agree to reimburse us on demand. If more than one Lessee has signed this Lease, the liability of each is joint and several. Defined terms used in this Lease may be defined on the front side of this Lease. SIEMENS FINANCIAL SERVICES, INC. CONTRACT ADDENDUM EQUIPMENT LEASE AGREEMENT #729-0052267-001 This Addendum shall become a part of that certain Equipment Lease Agreement # 729-0052267-001 (the ”Lease”) between Siemens Financial Services, Inc. (”Lessor”) and the undersigned lessee (“Lessee”). If there is any conflict between the terms of this Addendum and the terms of the Lease, the terms of this Addendum shall control. Capitalized terms used herein and not otherwise defined herein, unless the context otherwise requires, shall have the same meanings set forth in the Lease. Lessee and Lessor hereby agree as follows: 1. In Section 2 of the Lease, (a) delete the sentence “You authorize us to adjust the Lease Payment accordingly, but not more than 15%, if the final total Equipment Cost differs from the original Total Equipment Cost.”; and (b) delete “late charge of 1.3% per month” in the second to the last sentence and replace it with “late charge of 1 % per month”. 2. in-placethprpnf thn wnrds ‘‘TT .. I‘ ,, &\et4 .. Section 5(b) of the Lease is 4 3. In Section 9(a) of the Lease, (a) delete “IO days” in subsection (i) and replace it with “15 days”; and (b) delete “IO days” in subsection (ii) and replace it with “30 days”. 4. In Section 9(b) of the Lease, in the first full sentence, add a new subsection as follows: ‘I; and (vi) by written notice to you, we may declare an amount equal to all amounts then due under the Lease, and all remaining Lease Payments due during the fiscal year in effect when the Default occurs, to be immediately due and payable, whereupon the same shall become immediately due and payable;”. 5. In the second sentence of Section 13 of the Lease, delete “LAWS OF NEW JERSEY AND YOU SUBMIT TO THE JURISDICTION OF ANY FEDERAL, STATE OR LOCAL COURT SITTING IN OR FOR THE COUNTY OF MIDDLESEX, NEW JERSEY” and replace it with “LAWS OF THE STATE OF FLORIDA AND YOU SUBMIT TO THE JURISDICTION OF ANY FEDERAL, STATE OR LOCAL COURT SITTING IN OR FOR THE COUNTY OF PALM BEACH, FLORIDA’. 6. Add the following new Section 15 to the Lease: “15. Non-Appropriation. Notwithstanding anything contained in the Lease to the contrary, in the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for Lease Payments or other amounts due under the Lease, the Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts agreed upon in the Lease for which funds shall have been appropriated and budgeted. Lessee shall immediately notify Lessor or its assignee in writing of such occurrence, but failure to give such notice shall not prevent such termination. In the event of such termination, Lessee shall immediately cease all use of the Equipment and shall, at its sole expense and risk, immediately de-install, disassemble, pack, crate, insure, and return the Equipment to Lessor in accordance with the requirements of, and in the condition required by, the Lease, including, without limitation, Section 11 of the Lease. Lessee agrees to execute and deliver to Lessor all documents reasonably requested by Lessor to evidence the transfer of legal and beneficial title to the Equipment to Lessor and to evidence the termination of Lessee’s interest in the Equipment. Lessor shall have all legal and equitable rights and remedies to take possession of the Equipment. The parties hereto understand that, notwithstanding anything to the contrary herein, this agreement must comply with the relevant fiscal funding laws of the State of Florida for municipalities.” 7. Add the following new Section 16 to the Lease: “1 6. Lessee Representations and Covenants. Lessee represents, covenants and warrants that: (i) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds to make the Lease Payments scheduled to come due for the current fiscal year and to meet its other obligations for such period, and such funds have not been expended for other purposes and Lessee currently expects that it will fully budget and appropriate sufficient funds to make Lease Payments throughout the Lease Term (but Lessee retains its right to terminate the Lease pursuant to Section 15 hereof); (ii) Lessee shall cause to be done all things neces- sary to keep the Lease in full force and effect except as otherwise permitted by Section 15 hereof; (iii) Lessee has an immediate need for the Equipment, which Lessee expects will continue throughout the Lease Term; (iv) the use of the Equipment is, and Lessee currently expects that it will continue to be throughout the Lease Term, essential to Lessee’s proper, efficient and economic operation; (v) the useful life of the Equipment is as great or greater than the Lease Term; (vi) the Equipment shall not be used in connection with a trial or test program of Lessee; (vii) Lessee has never failed to appropriate funds for payment of any amount due pursuant to a lease purchase agreement, a conditional sales agreement or any similar type of obligation; (viii) Lessee is not and has never been in default under any bond, note, lease purchase agreement or other type of financial obligation to which it is or has been a party; and (ix) Lessee has complied with such public bidding and other requirements as may be applicable to the Lease and the Supply Contract, including, without limitation, the acquisition by Lessee of the Equipment. Lessee’s representations, covenants and warranties under the Lease shall survive the expiration of the Lease.” IN WITNESS WHEREOF, the Lessor and Lessee have caused this Addendum to be executed by their authorized representatives. For all purposes hereof, the date of this Addendum shall be the date of Lessor’s execution as set forth below. LESSOR: LESSEE: SIEMENS FlNANCl City of Palm Beach Gardens BY: (Authorized Signature) BY: (Authorized Sign uref NAME: TITLE: (Printed or Typed) NAME: TITLE: (Prinled or Typed) (Printed or Typed) SIEMENS SIEMENS FINANCIAL SERVICES, INC. CONTRACT ADDENDUM EQUIPMENT LEASE AGREEMENT ## 729-0052267-001 ~~ ~ ~ ~ This Addendum shall become a part of that certain Equipment Lease Agreement # 729-0052267-001 (the “Lease”) between Siemens Financial Services, Inc. (“Lessor”) and the undersigned lessee (“Lessee”). If there is any conflict between the terms of this Addendum and the terms of the Lease, the terms of this Addendum shall control. Capitalized terms used herein and not otherwise defined herein, unless the context otherwise requires, shall have the same meanings set forth in the Lease. Lessee and Lessor hereby agree as follows: 1. Section 11 of the Agreement is hereby amended by adding thereto, after the words “to any place in the United States we request.” the following words: “In addition, upon return, for each item of Equipment, as applicable, the following must be true: All safety equipment must be in place and meet applicable federal, state and other governmental standards. All covers and guards must be in place with no sheet metal, plastic, or cowling damage. All parts, pieces, components and optional equipment must be present, installed and operational. All accessories that accompany units shall be returned in proper order. All motors shall operate smoothly without overheating and shall have good bearings and bushings. All electronic controls shall operate per manufacturer’s specifications. Controls, which bypass normal operations, shall be repaired at Lessee’s expense. All electrical systems shall be able to provide electrical output as specified by the manufacturer. All batteries shall be in good, safe operating condition with no dead cells or cracked cases. Batteries shall hold a charge and provide adequate power to operate the equipment. All Equipment shall have serviceable tires, with 50% remaining tread, retaining proper air pressure and without repair patches. All oil and grease seals must contain lubrication in the manufacturers designed reservoir. All Equipment must have a relatively clean appearance. All Equipment shall be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance as detailed in customer operatiodmaintenance manual furnished with each item of Equipment. All Equipment shall be free from structural damage or bent frames. All Equipment attachments, if any, must be in good operating condition. All hydraulic cylinders must not be bent, nicked, gouged or leaking. Further, each item of Equipment must be able to complete the following tests: (A) (B) (C) Operate normally in forward and reverse directions through all its speed ranges or gears. Steer normally right and left in both forward and reverse. Have all functions and controls work in normal manner. (D) (E) (F) (G) Be able to stop with its service brakes in a safe distance in both forward and reverse. Operate without leaking any fluids. Perform its designed functions in a satisfactory manner. All cutting units lower, turn on, run, raise and shut off as they are designed to do”. 2. Section 11 of the Agreement is hereby amended by adding at the end thereof the following words: In addition to Lessee s other obligations under this Agreement, upon return of the Equipment, Lessee shall pay to Lessor for each item of Equipment a rate of $3.00 per hour for each hour in excess of 1,000 hours per year. Lessee shall pay such supplemental rental payment within ten (IO) days of Lessor’s written demand. The hours of use of an item of Equipment shall be determined by the hour meter attached to said item of Equipment. If any such hour meter becomes inoperable or inaccurate, Lessee shall immediately repair or replace same, and shall immediately notify Lessor in writing of such event and of the correct hours of usage of the time of Equipment during the period of time the hour meter was inoperable or inaccurate. In the event that the hour meter is replaced, Lessee shall notify Lessor in writing of the total hour usage recorded on the original hour meter that is being replaced. Lessee shall promptly furnish Lessor such information as Lessor may reasonably request from time to time in order to document the hours of usage of the Equipment.” IN WITNESS WHEREOF, the Lessor and Lessee have caused this Addendum to be executed by their authorized representatives. For all purposes hereof, the date of this Addendum shall be the date of Lessor’s execution as set forth below. SIEMENS Siemens Financial Services, Inc. PURCHASE ORDER SELLER: Hector Turf LESSEE: City of Palm Beach Gardens 1 Street Address 10500 N Military Trail I City/State/Zip Palm Beach Gardens, FL 3341 0 I 729-0052267-001 Lease or Schedule Number 302702 - 1 Purchase Order Number Contact Roxanna Mayea Contact Din0 DeRostaing Telephone No. (954) 429-3200 ext Telephone No. (561) 804-701 4 ext Siemens Financial Services, Inc. ("SFS), located at 170 Wood Avenue South, Iselin, NJ 08830, hereby requests that Seller ship the equipment specified below ("Equipment") to Lessee at the following address: 11401 Northlake Blvd, Palm Beach Gardens Municipal Golf Course Palm Beach Gardens, FL 33412 ("Equipment Location") -Equipment: (see attached for equipment breakdown) Quantity Model Description 1 Turf Equipment general category 1 Golf Utility Equipment Serial No. Price $195,980.00 $24,936.00 I Purchase Price ("Total Price") $220,916.00 This purchase order ("Purchase Order") shall expire on April 30. 2007 (Expiration Date). (CONTINUED ON REVERSE SIDE) Seller and SFS, at the request of Lessee, have entered into this Purchase Order agreement intending to be bound by the terms and conditions set forth above and on the reverse side hereof. Any additional or different terms or conditions contained in Seller's acceptance, or other communication or document are hereby objected to and shall not be binding or effective unless specifically agreed to in writing by SFS. SELLER LESSOR By: Hector Turf By: Authorized Signature: Authorized Signatu re: Name and Title: Date of Acceptance: LESSEE ACKNOWLEDGEMENT: Lessee hereby acknowledges that Lessee, not SFS, has selected the Equipment, and that SFS does not manufacture or supply the Equipment, and that neither Seller nor SFS is an agent of the other, and that neither has authority to bind the other, and that Lessee has reviewed and approved the terms of this Purchase Order. LESSEE Name and Title: Date of Issuance By: Citv of Palm Beach Gardens Authorized Signature: Name and Title: Date: C:\Siemens\Docs PDAP-0-Gen 02-04.doc PURCHASE ORDER TERMS AND CONDITIONS At the request of Lessee, SFS hereby orders from Seller the Equipment and agrees to pay the Total Price for such Equipment, subject to the terms and conditions set forth on the front page hereof and below. 1. Lessee has selected the Equipment and has agreed to lease the Equipment pursuant to the terms and conditions of the Lease identified on the front page hereof ("Lease" as applicable). Upon request, SFS shall provide Seller with a copy of the Lease. 2. SFS shall have no liability hereunder unless before the Expiration Date of this Purchase Order (as set forth on the front side hereof), the following conditions shall have occurred or been satisfied: (a) Seller shall have executed this Purchase Order with no changes or modifications, and such executed Purchase Order shall have been returned to SFS; (b) Seller shall have delivered all of the Equipment to the Equipment Location; (c) Lessee shall have inspected and accepted the Equipment pursuant to the terms and conditions of the Lease, executed the acknowledgment on the reverse side hereof, and shall have provided SFS with all documents requested by SFS, including but not limited to a Delivery and Acceptance Certificate evidencing Lessee's acceptance of the Equipment; (d) if SFS has so requested, it shall have received from Lessee a written statement approving the Seller's invoice for the Equipment and requesting SFS to pay the amount of such invoice; and (e) Lessee shall not be in default under the Lease. If any of the foregoing conditions are not met or cornplled wlth, or, If Lessee does not accept the Equipment for any reason, rejects it, or refuses to allow Seller to cure any defects or deficiencies therein, SFS shall have no liability to Seller or obligations hereunder, and Seller shall seek redress only from Lessee. 3. As between Lessor and Seller, Seller shall bear all risk of loss of any Equipment covered by this Purchase Order until the conditions specified in Paragraph 2 above are fulfilled. In the event that Lessee rejects the Equipment or any portion thereof, Seller will be responsible for securing, at its expense, the return of such Equipment from Lessee. 4. SFS shall be required to pay only the Total Price which shall include the cost of packing, transporting, delivering, assembling and installing the Equipment (unless otherwise indicated) and such other costs and charges as are specified on the front page hereof. SFS shall not be responsible to Seller for any other costs or charges whatsoever. The Total Price shall be paid to Seller within 15 days of performance in full of the conditions specified in Paragraph 2 above. 5. Seller represents and warrants that: (a) upon payment of the Total Price, SFS shall have good and marketable title to the Equipment, and such title will be free and clear of all liens and encumbrances whatsoever; (b) unless otherwise specified on the front page hereof, the Equipment shall be new and unused; (c) the Equipment shall have been acquired, produced, assembled, installed, sold and transported in compliance with all applicable laws, ordinances and regulations and agreements with other parties; (d) the sale and use of the Equipment shall not infringe or violate any patent, trademark, copyright, license, or other intellectual property right; (e) the Equipment will conform to all applicable warranties, agreements and representations made by Seller or its agents; (f) this Purchase Order, and any other documents required by SFS, shall be executed by a duly authorized representative of Seller; (9) this Purchase Order and any warranties provided with respect to the Equipment, as between Seller and Lessor, shall be the only agreement with respect to the Equipment; and (h) Lessee shall not have made any payment with respect to the Equipment and no portion of the Total Price of such Equipment shall have been loaned or otherwise provided directly or indirectly by Seller. 6. All warranties made by Seller to Lessee or hereunder shall also be for the benefit of SFS and shall survive the delivery and acceptance of and payment for the Equipment, and shall be enforceable by SFS, Lessee or their successors or assigns as provided in the Lease. Moreover, unless Seller provides, or has provided, a more extensive warranty, Seller warrants that the Equipment shall be in good working order on the date the Delivery and Acceptance Certificate is executed and that the Equipment shall remain in good working order for a period of 90 days from such date. 7. In connection with the Equipment, Seller may also be supplying software, technical information, confidential business information and other documentation relating to the use and operation of the Equipment ("Software") which is designated as "proprietary" or "confidential". With respect to such Software, Seller represents and warrants that it has the authority to, and hereby grants to Lessee a nonexclusive, nontransferable right to use such Software ("Software License"); provided, however, that the Lessee's use of such Software License is subject to the terms and provisions of any Software License entered into by Seller and Lessee. Further, SFS is not an insurer of Lessee's compliance with such Software License, and Seller agrees that SFS shall have no liability for any violation by Lessee or any other party of any Software License restrictions. If SFS sells or refinances the Equipment hereunder and the new end-user agrees in writing to abide by the terms and conditions of the Software License, Seller will grant (and obtain any other necessary authorization) to grant such new end-user a Software License in connection with the Equipment at the same cost and on the same terms and conditions as the Software License granted Lessee hereunder. 8. Seller agrees that it will indemnify, protect and save harmless SFS, its affiliates and Lessee from and against all suits, damages, claims, losses and demands, including attorneys' fees (collectively "Losses") arising out of: (a) injuries to persons or property caused by defects in the Equipment; (b) actual or alleged infringement of any patent, trademark, copyright or license by reason of the sale, leasing or use of the Equipment; (c) any breach of Seller's representations and warranties provided to SFS, Lessee or their assigns; or (d) other events wherein Losses are attributable to Seller's negligence or failure to comply with any laws, regulations or contract provisions. Seller shall be provided with reasonable written notice of any such Losses. The foregoing indemnities shall survive the termination of the Lease and this Purchase Order, and the rights, privileges and indemnities contained herein are expressly made for the benefit of, and shall be enforceable by any successors and assigns of SFS and Lessee; provided, however, that Lessee's enforcement of such rights is subject to the terms and conditions of this Purchase Order and the Lease. 9. Seller shall not assign any right or interest in this Purchase Order or delegate any obligation hereunder without the prior written consent of SFS. Any such attempted assignment or delegation shall be void. 10. This Purchase Order .is given ,G Seller's assurance and representation that Lessee has selected the Equipment described herein on or prior to the date hereof and that bassee authorized the conterpplated transaction. Upon Lessee's request, Seller shall provide Lessee with a description of any rights Lessee may hqyys under this PurchaWOrder. '- *" W' 11. Upon the failure of any of the foregoing terms or conditions, SFS's obligations hereunder shall be canceled (without notice to Seller), and Seller shall promptly refund to SFS all sums (including taxes, transportation, installation and other charges) paid for or on account of or in connection with the Equipment (including any other amounts owing to Lessor hereunder), and such rights are in addition to any other rights of SFS hereunder or under law. 12. This Purchase Order shall be governed by the internal laws (as opposed to the conflict of law decisions) of the State of New Jersey. To the extent this Purchase Order is inconsistent with any other agreement between Seller and Lessor, the terms of this Purchase Order shall control (except in the case of an executed vendor program agreement in place between Seller and Lessor). 13. Lessee acknowledges that SFS has made no representation or warranty express or implied and has provided to Lessee no information whatsoever, regarding the Equipment's Year 2000 Compliance, i.e., that the Equipment is able or unable to and will or will not accurately receive, process, store, and/or provide output of datehime data relating to the twentieth and twenty-first centuries, and/or, between the years 1999 and 2000, andlor during a leap year. 4 Stipulated Loss Value Schedule To Leasing Schedule # 729-0052267-001 Lessee: City of Palm Beach Gardens Payment # * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 % of Total Equipment cost 11 5.00% 11 1.66% 109.99% 108.32% 106.66% 104.99% 11 3.33% 103.32% 101.65% 99.98% 98.31% 96.64% 94.97% 93.30% 91.63% 89.97% 88.30% 86.63% 83.29% 81.62% 79.95% 78.28% 76.61 % 84.96% Payment # * 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 % of Total Equipment cost 74.95% 73.28% 71.61% 69.94% 68.27% 66.60% 64.93% 63.26% 61.59% 59.93% 58.26% 56.59% 54.92% 53.25% 51.58% 49.91 % 48.24% 46.57% 44.90% 43.24% 41.57% 39.90% 38.23% 36.56% LESSEE: City of Palm Beach Gardens aignarure rrinreo ivarne r me [*I The Stip Loss Value effective for (i) payment #I shall also be effective for any prior period, and (ii) the final payment above shall also be effective for any subsequent period. CITY OF PALM BEACH GARDENS PALMBEACH COUNW, FWRLDA PROCLAMATION 8) municipalities within Palm Beach County that ncil or Commission Ipolicy-making body) who ate? years tern of office; and all mu&ms have a Charter within their Code that provides the duties?* of the Ojgm of Mayor and City Council/Commission members, @:- m~mation4+ng re- mquimmnts, qrsatiing criteria, tenns a+, LI si@&, *-"< ni& atuiprocedurres, wting requirements, (yll~ induction into om; ad Charter establishes the date, time and place of General and Ezedions held in their muni- provides speafic &ria fw ; qudij&ing an& filing ' each Municipal Election, such as -mons of CatuMates & time and ph, the city and state jiling fees, spa@ residency requirements, -9 P rwinds, pltingplaces and refbmdurn elections; and. to register to We, to theirvoice heard; top V0tl-q demonstmtio 2 -, eQch n Waztion Week" is provided to encourage resi e in all elections to n abaa the eledion pmcess; and to offkr touch Scfeen - .. registered voters topartrapat tlesidents and electors within palm Beach County. of the authority vested in me as Mayor of the Of February 5-9,2007 ''Municipal EIeCti~n orida, and encourage all residents to contact, their and voting process. Make your-voice democratic government! Encourage 4 to the polls to vote and make their vote hd! nu WITMCSS WEEREOF, I have hetacnto set my handand<xncsedthessalof the City of palm Beach Gadens, Flotida, to be aed on this 1st YearofourLord, ven in the Mayor Joseph R. Russo t * c B .*e- . ,. .: I CITY OF PALM BEACH GARDENS CITY COUNClL Agenda Cover Memorandum Date Prepared: January 4,2007 Meeting Date: February 1, 2007 Resolution 4. 2007 SUBJECTIAGENDA ITEM Resolution 4,2007: Latitudes in the Gardens - Site Plan Approval Consideration for approval A request by Ms Dodi Glas, of Gentile, Holloway, O’Mahoney & Associates, Inc , on behalf of Gardens 95 Limited Partnership, LCC, for site plan approval to allow the development of 9,000 sf of restaurant use, 15,000 sf of retail use, 38,000 sf of medical office use, and 14,866 sf of professional office use on “Parcel A” and “Parcel B” of the Parcel 3 1.04 Mixed-Use Planned Community Development, consisting of approximately 9 0 acres to be referred to as “Latitudes in the Gardens.” The approximately 50 %-acre Parcel 31 04 Mixed-Use Planned Community Development is located directly east of the intersection of Interstate 95 and Central Boulevard 1x1 Recommendation to APPROVE with two (2) waivers and conditions of approval I I Recommendation to DENY Reviewed by: Dircctor City Artonicy All,in Oweiis Dcvclopiii cii t Coiiiplidiicc AlCP Adniinistrdtor Approved By: Originating Dept.: Growth Management. Pr ojcc t Todd M Miller. AICP Principal Plaiiiicr [XI Quasi -Judicial [ ] Lcgislativc [ ] Public Hearing Mdll agaqq Advertised: Date: ida Paper: nla [ ] Rcquircd [XI Not Rcqukcd Affected Parties: [ 3 Notificd [XI No1 Requircd FINANCE: Finance Administrator: Fees Paid: [ ] Date: Budget Acct.#: NIA CC Action: [ ]Approved [ ] App. w/ conditions [ ] Denied [ 3 Rcc. approval [ 3 Rcc. app. w/ conds. .j ] Rcc. Denial [ 3 Contiiiucd to: Attachments: Applicant‘s Narratij c Sitc Location Map Traffic Equivalency PCD Master Sitc Plan Resolution 53. 2006 PBCTrafic Con cu rr cii cy L ct t cr Transfer of Dwelling Units lcttcr dated 8/ 1 9/03. Rcsolutio~i 4, 2007 Analysis site,- &&d-li.b32bEiLPlans Date Prepared: .January 4,2007 lIceting Date: Februay I, 2007 Resolution 4,2007 EXECUTIVE SUMMARY The applicant is requesting site plan approval to allou the development of 9,000 sf of restaiu-ant use, 15,000 sf of retail use, 38,000 sf of medical office use, and 14,866 sf of professioiial office use within two three ston. biiildiiigs on the apprownatel! 9 0 acres of "Parcels A & B" of the Parcel 3 1.04 Mixed-Use Planned Conmiunity Development. to be referred to as "Latitudes at the Gardens" BACKGROUND On July 20, 2006 tlie City Council approved the rezoning and master site plan approval to the approximately 50.58 acre Parcel 3 1.04 MXD/PCD. Concurrently with the PCD master site plan, the City Coiiiicil also granted site plan approval to the 23.9 acre residential portion located \iitliiii "Parcel C" of the PCD. However, no development lias occurred on the site yet. Now tlie owners of tlie approximately 9.0 acre "Parccl A" and "Parccl B" of the Parccl 3 I 04 MXD/PCD are requesting site plan approval for the commercial portion of the master site plan, wliicli is to be referred to as "Latitudes in tlie Gardens." The request is for site plan approval of 9,000 sf of restaurant use, 15,000 sf of retail use, 38,000 sf of medical office use, and 14,866 sf of professional office iise within tlie 9.0 acre commercial portion. LAND USE Ri ZONING Tlie land-use designation of the Site as shonn on the Cit! 's Future Land Use Map IS Mixed-Use (MXD). Tlie site currently lias a designation of M ixed-Use Planned Community District (MXD/PCD) Overlay Zoning. Tlie applicant is requesting approval of a rezoning to a Mixed Use Planned Community District (MXDIPCD) Overlay with an underlying zoning of Mixed Use (MXD). The existing land uses and zoning desigiiatioiis of properties surrounding the Site are provided in the following table: ZONING CLASSIFICATIONS. LAND-USE DESIGNATIONS Mixed-Use (MXD) South Sabal Ridge PUD Interstate Highway 95 Planned Unit Residential M ediuiii Development ( P UD) (RM) Residential High (RH) Residential Medium (RM) Planned Unit Development (PUD) Parcel 3 1 B a.k.a. Paloma PUD (Vacant) \, West Planned Development Mixed-Use (MXD) 8~ Parcel 3 1.06 / 3 1.07 (Vacant) Area (PDA) Residential High 2 CONCURRENCY Date I'repared: Januur! 4,2007 hlccting Date: FchruiF 1,2007 Kcsolution 4, 2007 On April 18, 2005, conditional traffic coiicLirrency for Parcel 31.04 was approved for 15,000 square feet restaurant use, 4,000 sqiiare feet drive-in bank, 12,000 square feet drugstore use, 1 1,600 square feet coiiiiiiercial retail use, 10,000 square feet professional office, and 252 multi-family units. On February 28, 2006, tlie applicant submitted a traffic equivalency statement to tlie City to revise tlie development program to indicate 236 townlioiiies, 14,866 square feet of office, 35,000 square feet of iiiedical office space, 9,000 square feet of restaurant space and 15,000 square feet of retail space. Said traffic equivalency was approved by tlie County on November 27. 2006 (Scc Attachmcnt). The Cit!.'s traffic consultant is completing their review, and tlie equivalency is required to be approved prior to scheduling this petition for City Council review. However, tlie County granted traffic equivalency contingent upon several conditions regarding the provision of ingressiegress from Central Boulevard and tlie installation of a northbound left tuiii-lane at Central Boulevard and Victoria Falls Boulevard. Therefore, staff has included conditions of approval addressing tlie iiigressiegress from Central Boulevard and tlie provision of tlie left turn-lane. PROJECT DETAILS Tlie proposed commercial development will consist of two (2) three-stoiy buildings, and is proposed as a two phase project. Initially everything but Building #2 and its associated parking will be constructed. Specifically, Phase 1 will include Building #I, the westemmost lake, tlie parking lot (except tlie parking around Building #2), and all three ingressiegress points. Tlie tno buildings arc mirror iiiiages of cach 0th. split b! a coiiiiiioii arca nit11 a ccntrdized piece of "art in public placcs". In accordance with the Forbearance Agreement betlveeii Communities Finance Corporation and tlie City, tlie subject parcel is to be limited to a maximiuii density of 3 dwelling iuiits per acre, and a maximum commercial intensity of .25 floor to area ratio (FAR). While tlie applicant for tlie residential portion of the Planned Community Development (PCD) increased the residential intensity through permitted density transfers, in accordance with tlie attached letter fi-om tlie Growth Management Director (see attachment), the applicant for tlie subject site plan for tlie commercial portion is proposing a FAR of 0.19. Therefore, tlie site plan petition meets the requirements of the Forbearance Ayeement. (See Table below) 3 Lhte Prepared: .lanuan 4, 2007 llecting Ihle: FchruaT I, 2007 Resolution 4,2007 Land Use Residential High Density Com mercial Professional Office Min. 20%, Max. Max. 60% 47% 50% 25% Min. 0% Max. Max. 60% 18% 50% 6.50% Min. 2% Max. Max. 60% 18% 70% 6.50% Building Height Required Provided Min. 2 Floors Maximu 2 and 3 m4 Floor Floors Max: I $;,e2 I 3 Floors Floors Max: 3 Floors None ~ Densitv/FAR (Forbearance) Required [ Provided 3 U nit s/acre Density added via Unit Transfer from Old Palm * .25 FAR .I9 FAR Latitudes in tlie Gardens features two (2) three-story mixed use buildings done in a Mediterranean Revival arcliitectiiral style. Buildings done in the Mediterranean Revival style are typically asymmetrical and eclectic wit 11 mu1 t ip 1 e 1 evels, 111~1 t ip 1 e iiit er i or aiid exterior spaces and iiid t iple bui 1 dings. Biii 1 ding inas sing tends to be irregular with a variety of shapes and heights. The proposed buildings are identical three-story commercial buildings with barrel tile roof. Although the buildings do not incorporate all tlie elements of the Mediterranean Revival architectural style, they do incorporate such elements as arched entryways, balconies, aiid a tower element. Tlie landscaping is dominated by Live Oaks, Sabal Palm, and M oiitgomery Palm. The laiidscape plans exceed the minimum required landscape points. Specifically, the project is required 1 8,273 points, and provides a total of 18,36 1 points. Furthermore, tlie landscaping is coiilpleiiientary to adjacent community landscape designs. Tlie Latitudes in tlie Gardens site plan has an open space requirement of 15%). The applicant is providing 45.4% open space. The subject property shares an upland preserve with the residential portion of the PCD to tlie south, which will also connects to adjacent preserves along Central Boulevard, Interstate 95 and the Paloma PUD development to the east. This interconnection of preserve areas provides the property a sense of natural wooded areas. Landscape buffers have been provided all of the street frontages. Specifically, tlie applicant has providcd 20' landscape buffers along Elm Avenue aiid Victoria Falls Boulevard, pursuant to tlie requirements of Section 78-3 IC) of the Cit! Code. entitled "MIIIIII~LIII~ landscape buffer and planting requirements.' The landscape buffer along Central Boulevard is included nitliin the I IO'+ dcep. 2 07 acre upland presenc Pursuant to Section 78-3 16 of thc Cit! Code. entitled "Prcsen e areas.'. preserve areas of 25' in nidtli or greater ma! be used to meet tlie landscaping requirements. Furthermore. the 1 1 O'+ deep preserve area meets tlie minimum requirements of Section 78-23 I of the Cit! Code. entitlcd "Parkna! oberla! district.' Spccificall!. Section 78-23 1 requires a 62' \\idc strip of enhanced native vegetation 4 Date Prepared: .lanuap 4, 2007 hleeting Date: Februap I, 2007 Kcsolution 4,2007 Section 7 8 -5 63 (e) eiiti tl ed Luke 111 ci in tetiuii cc ti'(tcts Per Code, the mix of proposed uses requires 396 spaces. Tlie applicant is providing 397 parking spaces (264 of which will be constructed with tlie first building in Phase 1 ). Specifically, tlie approved uses require: Approval (1) and/or permanent structures \\/in 1 MF bridge structure \din the LME 50 I 50 I 1 9 000 I sf'for Emnlovee 97 I The applicant is proposing one iiionument project sign at the entrance off of Central Boulevard. Tlie requested scored stucco sign is 5' 111 height and I 1.5' in nidth. nhicli IS consistent nith Section 78-285 ofthe Cit! Code. entitled "Permitted signs" PI1 crsit1.g According to tlie applicant, the Latitudes in the Gardens project will be in two phases. The first phase will consist of Building #I, 264 of tlie 397 parking spaces, tlie westemmost lake, and all three ingress/egress points off of Central Boulevard, Elm Avenue, and Victoria Falls Boulevard. .4 cccss Access to tlie subject property is proposed from Central Boulevard, Victoria Falls Boulevard, and Elm Avenue. The developiiient is proposed to have integrated pedestrian and vehicular connections that nil1 provide easy access to the residential portion of the PCD to the south, tlie Paloma PUD to tlie east, and to tlie major roadways surrounding the site. Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime prevention that maintains tlie basic preiiiise that the physical enviroument can be designed or managed to produce behavioral effects that will reduce tlie incident and fear of crime. Tlie Police Department has reviewed tlie site plan for tlie subject property (Parcels A and B), and has provided staff with several coniiiieiits pertaining to security on site and adherence to the CPTED principles. WAIVER REQUESTS The applicant is requesting tlie followiiig two (2) waivers (plctisc see cittrrcIiee/ wciivet* jristifictrtion): 1 Code Section Required Provided I Recommendation 5 Datc Prepared: January 4, 2007 hleeting Date: Fehruan I, 2007 llesolution 4,2007 No laiidscapiiig Section 78-320(a)( I), entitled \\ ithill I feet of the bui 1 dings except for potted Fo iiiidti tioii Iriiz rlsccipiiig rind plmitiiigs 131 a ii tq Shall be foundation IO' of all buildings and structures Approval (2) 1. Section 78-563(e) - Waiver to allow landscaping and improvements within the lake maintenance easement. APPlicaiit's Justification: The applicant is requesting a waiver fiom Section 78-563 (e) to allow landscaping and pedestrian amenities within the lake maintenance easement. Section 78-563 (e) states "Owners of property abutting a lake maintenance easement hact are prohibited from i list alla t i on of permaii en t i iitprov eiiieii t s within a lake ma i lit enance easement. The easement holder may allow, subject to removal agreements, the installation of nonpermanent iiitprovements such as recreational equipment, excluding pools aiid similar iiiiprovements, which can be easily moved to allon niaiiitciiaiice and repair activitics +* It IS thc applicant's dcsirc to include landscaping and a stone bridge with architectural detailing within tlie lake maintenance easement, splitting the two proposed lakes. Staff Recoiillnendation: The waiver permits the installation of landscaping within the LME aiid the construction of an architectural detailed stone bridge to split two proposed lakes. The stone bridge will provide a visual amenity to both patrons of the subject property and the residents of the previously approved residential portion, and will provide vehicular and pedestrian connectivity between the commercial and residential portions of the PCD. Therefore, staff reconiiiieiids APPROVAL of the waiver request. For reference purposes, this waiver has been granted by the City Coimcil for Mirasol Town Square within the Mirasol PCD aiid for The Point PCD located at intersection of lilterstate 95 and Military Trail. 2. Section 78-320(a)(l) of the City Code - Waiver to allow a reduction in the required foundation plantings. Applicant's Justification: The applicant is requesting a reduction in tlie amount of required foiuidation planting in order to permit alternative design treatments within the high traffic areas around the buildings. In addition, tlie applicant has indicated they will be providing some plaiitiiigs within planters and other hardscape amenities around the buildings and the commo~i space between the b ui 1 dings. Staff Recommendation: Staff agrees with the applicant-s .iustification. Based ~ipon the site design, the location of a coiii~iion plaza space between the buildings, and the iise of brick pavers around the building, staff recoiiiniends APPROVAL of the waiver request. PLANNING, ZONING AND APPEALS BOARD (PZAB) On December 12, 2006, the PZAB held a meeting during which it reviewed the proposed site plan and recommended its approval to the City Council by a vote of 7-0. STAFF RECOMMENDATION Staff reconiiiiends APPROVAL of Resolution 4, 2007 with two (2) waivers, subject to the conditions of approval listed therein. 6 PARCEL 31.04 PARCELS A&B SITE PLAN REVIEW APPLICATION PROJECT NARRATIVE FEBRUARY 28, 2006 Requestllocation This is a request for Site Plan approval of Parcels A&B (the non-residential) portion of the 50.58 acre Parcel 31.04 PCD/MXD. The proposed plan of development is for a mix of professional and medical office with some retail use totaling 76,866 square feet on 8.99 acres of land. The subject site is located on the southeast corner of Central Boulevard and the proposed Victoria Falls Boulevard. The proposed development integrates pedestrian and vehicular connections with the proposed residential component of Parcel 31.04 as well as the surrounding community. The applicant, Gardens 95 Limited Partnership, LLC is requesting review of a Site Plan application within a proposed Planned Community Development for 76,866 square feet of restaurant, professional office, medical office and retail space. The proposed architectural and site design of the non-residential development will be consist with and integrate with the proposed residential portion of PCD. The applicant is proposing the following square footage based on the proposed uses: 9,000 sq. ft. of restaurant (including outdoor seating); 15,000 sq. ft. of retail 38,000 sq. ft. of medical office 14.866 sa. ft. of professional office 76,866 sq. ft. total non residential use The proposed development is conveniently located at the future interchange of Central Boulevard and Interstate 95 and will provide the surrounding residential developments easy access to neighborhood conveniences. History: Currently being reviewed by the City is the proposed rezoning from a Planned Development Area zoning designation to a Mixed Use Planned Community District (MXD/PCD) Overlay zoning designation and approval of a Planned Community District (PCD) master plan and the site plan of the residential component of the PCD. On December 18, 2003 the City Council of Palm Beach Gard 38, 2003 approving a Small Scale Land Use Map Amendme FEB 28 2006 PLANNING & ZONING OIV Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 3.42 acres. The approving ordinance allowed for a change of the Land Use designation from a Residential High (RH) to a Mixed Use (MXD) Land Use designation. This amendment allowed for the Future Land Use designation of MXD to follow the actual property boundaries of the parcel. Furthermore, a companion amendment on the adjacent property was done to convert MXD to RH correspondingly. Concurrency: The original application for Concurrency Certification for the Parcel 31.04 MXD PCD was submitted to the City on March 28, 2003. On May 18, 2005 Parcel 31.04 was granted a conditional concurrency certification for the following uses: 252 multi-family dwelling units 15,000 square feet of restaurant use 10,000 square feet of general office use 12,000 square feet of drugstore use 11,600 square feet of general commercial use 4,000 square feet of drive-through bank use. With this application, we are modifying the development program as follows: 9,000 sq. ft. of restaurant (including outdoor seating); 15,000 sq. ft. of retail 38,000 sq. ft. of medical office 14.866 sa. ft. of professional office 76,866 sq. ft. total The revised traffic report is being submitted with this application for site plan review. Access: There are several access points into the subject site. Access on the north is from the proposed Victoria Falls Boulevard which borders the entire PCD site on the northern perimeter. Access from the west is from Central Boulevard. Access from the east is from the proposed Elm Avenue which borders the entire PCD site on the eastern perimeter. The development integrates pedestrian and vehicular connections that will provide the residents easy access into the proposed community. 2 Existing Zoning and Land Use Designations Existing - Vacant Requested - Mixed Use Community TO THE NORTH and EAST: Paloma PUD (approved) EXISTING USE I ZONING I FUTURE LAND USE I Requested PCD I PUD I RH and RM I I SUBJECT PROPERTY: I Existing - PDA I MXD TO THE SOUTH : Existing - Vacant Requested - Mixed Use Community Existing - PDA Requested PCD Use: PCDlMXD Code Comparison (MXD) MXDlRH Proposed Compliance PDA TO THE WEST : Parcel 31.06 - vacant Central Park (pending) Max Lot Coverage Max Building Height RH 70% 6.5% Yes Yes TBD by CC 59 feet TBD by CC TBD by CC Side Facing Street Side (S. Darcel line) 240.7 feet (Victoria Fails) 105.3 feet I Min. Open Space I 15 % I 45.4% 3 SITE ANALYSIS: PARCEL 31.04 I PARCELS A and B (PARCEL 31.04 MXD PCD) Use: PCDlMXD Code Comparison Proposed Compliance (MXD) TBD by CC 141.2 feet (Elm) Rear (E. prop line) Parking I Number Required I 396 I 396 1 Yes I I I Yes 10' x 18.5' 10' x 18.5' Stall Dimensions 1 Buffers I 15' I 15' I Yes I Points I 16,925 I 27,182.8 I Yes WAIVERS REQUESTED: Item Improvements in LME Foundation Plantings Section 78-563(e) 78-320(a)( 1 ) Required Proposed No improvements Landscaping and within LME pedestrian amenities to enhance aesthetics and pedestrian experiences Foundation Reduction in plantings around foundation all buildings plantings at high pedestrian traffic areas where hardscape and other planting areas occur. Waiver Requested To allow landscaping and pedestrian amenities within LME To allow reduction in foundation plantings at high pedestrian traffic areas 4 e WAIVER JUSTIFICATIONS: Lake Maintenance Easement The applicant is proposing a waiver request from Section 78-563(e) - Prohibited Improvements. The waiver is being requested to allow for improvements within the LME. The improvements being proposed are for aesthetic considerations of landscape material within the northeastern area of the lake (Parcel B) LME. We are proposing landscape material such as Live Oaks, Bald Cypress and Sand Cord Grass and a bench to provide for pedestrians to relax and enjoy the lake. The bridge is also a design amenity for gathering and a focal point of the community. As such, it is designed to a seating area with a large oak for shade and passive enjoyment of the area. Foundation Plantings The applicant is proposing a waiver request from Section 78-320 (a) (1) - Foundation Plantings. Though there are areas with plantings in selective areas we are asking for a reduction to allow for alternative design treatment. The waiver being requested is to allow for a reduction of the foundation plantings around the proposed buildings where the pedestrian is being encouraged to be next to the building. We are proposing the reduction in the foundation plantings in the high pedestrian traffic areas. Although we have reduced the plantings, we are providing planters and other hardscape amenities in these areas. COMMUNITY DESIGN The proposed development will provide the surrounding residents with possible employment opportunities and needed neighborhood services within a thoughtfully designed setting which provides for sensitivity to the established character of the area as well as future growth. In keeping with the current economic directives of the city, the proposed development provides conveniently located non-residential use right off of the future Central and 1-95 Interchange. Meanwhile, the plan respects the established Central Avenue parkway and upland corridor as well as respecting the more suburban character of the adjacent residential community Paloma. Theming Consistent with the provisions of the PCD, this petition respects the architectural direction established by the Cimarron Cove. Additionally, common landscape materials (ie use of Majesty Palms at entries) hardscape selections, lighting and street furniture will be provided. The PCD plan provides for the general description of these items, however the site plan further refines that design features. The establishment of the “way finding pylons” that carry over to signage and bridge design are defined with this application. Theming also helps establish the “sense of place” that comes with the sense of arrival (pavers, pylons, plaza views, architecture) and feel of the community (architectural treatments of buildings, focal points, art, plantings.) 5 Pedestrian Considerations Building placement not only gave connectivity for users but strong pedestrian considerations. The building placement gave ample area for plaza and outdoor seating. The use of dual sidewalks along the buildings and the drive aisle, four sided architecture, trellis features and larger live oaks for canopy provide pedestrians with varied experiences and gathering areas. Wider walks and the use of larger pavered areas afford the opportunity to stroll with locations for outdoor gathering and seating. The pedestrian walk from Elm is designed to encourage residents to want to walk into the site. Vehicular Connectivity The site plan provides for a variety of entrances and routes to accommodate residents within the community and from the surrounding neighborhoods. Parking and drop off areas are oriented to professional, medical office and retail drivers with the opportunity for covered parking for employees and valetldrop off zones. Arc hi tecture: The proposed Mediterranean inspired architecture is in keeping with the PCD design guidelines and the proposed residential community. The material selections like the roof tiles that we are proposing, Spanish “S” tile roof, compliment the proposed residential component of the mixed use development. The proposed development of two (2) three story building interconnected by a plaza affords the opportunity to provide 4 sided architecture and pedestrian experiences that address both the 1-95 traffic and the neighboring residents. The architectural design provides for two (2) fronts of the building. The facades of the building facing north and west have pedestrian connections into the buildings and frontage for the potential restaurant or retail use. While the east side of the building offers a drop off area for the professional and medical offices. There are real balconies being proposed on the 2nd floor that are about 9’. Landscaping: The project has been designed to provide for additional landscape considerations for the PCD buffers to compliment the proposed site plan. Required landscape points have been exceeded both with and with out consideration of these buffer. The development will have Majesty Palms that line the entrances into the development as well as within the residential component. Oaks are being provided for both their beauty and canopy. The upland preserve offers a buffer from the Central Boulevard and 1-95 corridor area and connects to adjacent preserves along Central Boulevard, 1-95 and the Paloma PUD. This interconnection of preserve areas provide the community a sense of nature while internal to the site there is more structured landscaping that still strives to provide a sense of green a midst the developed experience. 6 0 0 City of Palm Beach Gardens Palm Beach County, Florida @ CITY OF PALM BCH GDNS FEB 28 2006 2/28/06 PUNNING & ZONING DIV nUUn Kimley-Horn I - and Associates, Inc. February 28,2006 Ms. Judy Dye LBFH Inc. Assistant City Engineer City of Palm Beach Gardens 3550 S.W. Corporate Way Palm City, FL - 34990 4431 Embarcadero Drive West Palm Beach, Florida 33407 Re: Cimarron Cove - Parcel 3 1.04 Traffic Equivalency Analysis 042086000 Dear Ms. Dye: Kimley-Horn and Associates, Inc. has performed a traffic equivalency analysis for the above-referenced site to determine if the proposed development program will meet the requirements of Palm Beach County’s Traffic Performance Standards Ordinance (TPSO). The site is located at the southeast quadrant of 1-95 and Central Boulevard in Palm Beach Gardens, Florida. Currently, the site has an approval for 252 multifamily dwelling units, 15,000 square feet of restaurant, 10,000 square feet of general office, 12,000 square feet of drugstore, 11,600 square feet of general commercial use and 4,000 square feet of drive-in bank. It is now being proposed to develop the site to contain 236 multifamily dwelling units, 9,000 square feet of restaurant (including outdoor seating area), 14,866 square feet of general office, 15,000 square feet of general commercial use and 38,000 square feet of medical office. The trip generation potential for the approved and the proposed land uses were calculated using daily and peak hour trip generation rates published by Palm Beach County. Due to the mixed use nature of the approved and the proposed land uses, internalization credits were applied to both the approved and the proposed trip generation calculations. Internal capture calculations were based upon methodologies contained in the Institute of Transportation Engineers’ (ITE) Trip Generation Handbook. Additionally, pass-by rates published by Palm Beach County were applied. Table 1 summarizes the trip generation calculations for the currently approved land uses. As summarized in Table 1, the currently approved land uses have a trip generation potential of 5,366 net external trips on a daily basis, 321 net external a.m. peak hour trips, and 545 net external p.m. peak hour trips. Table 2 summarizes the trip generation calculations for the proposed land uses. As summarized in Table 2, there is a net reduction of 612 net external trips on a daily basis, an equivalent number of net external a.m. peak hour trips and a CITY OF PALM BCH GDNS FEB 28 2006 TEL 561 845 0665 FAX 561 863 8175 PLANNING & ZONING DIV a= n Kimley-Horn and Associates, Inc. Ms. Judy Dye, February 28,2006, Page 2 net reduction of 92 net external p.m. peak hour trips between the approved and the proposed land uses. This analysis demonstrates that the trips associated with the proposed land uses are of equal to or less than the trips generated from the currently approved land uses. Therefore, the proposed land use program is therefore in compliance with the Palm Beach County Traffic Performance Standards {re$ PBC ULDC Article 12 (3) ( C) (5) @)I. If you have any questions regarding this analysis, please call me at 561-845- 0665. Sincerely, KJMLEY-HORN AND ASSOCIATES, INC. Christopher W. Heggen, P.E. 1 Iansportaiion Engineer Z/Z$/d Florida Registration Number 58636 Engineering Business Number CA 00000696 CWHIrb Attachments -cLq-x- 156 164 183 125 151 34 813 20 8 7 5 6 3 49 23 81 48 65 2 219 764 545 101 100 92 61 72 6 432 13 4 4 2 3 0 26 14 40 24 31 0 109 406 291 - TABLE 1 PARCEL 31.04 APPROVED TRIP GENERATION - r out 55 64 91 64 79 28 381 - = - 7 4 3 3 3 3 23 - 9 41 24 34 2 I10 358 248 - - - - L out = 102 83 22 14 5 4 ,and Use Intensity Daily I Peak H In 25 90 27 18 I 26 193 = 8 6 1 1 -1 3 18 13 12 7 4 1 37 175 138 - Lpproved Site Traffic Townhomes Restaurant Drive-In Bank Drugstore Commercial Retail General Office subtotai 252 du 15,000 sf 4,000 sf 12,000 sf 11,600 sf 10,000 sf 127 173 49 32 12 30 423 - 1,764 1,955 1,061 1,166 1,700 22 1 7,867 230 9 6 2 2 2 0 nternal Capture Townhomes Restaurant Drive-In Bank Drugstore Commercial Retail General Office subtota, 265 98 I :: 15% 13% 13% 5% 7% 4% 5% 7% 4% 5% 7% 4% 10% 10% 9% 5% 7% 4% 53 58 85 21 11 9 5 1 0 26 209 183 - - 'ass-By Capture Restaurant Drive-In Bank Drugstore Commercial Retail General Office subtota 24 21 12 5 15% 46% 40% 44.84% 5 % 279 464 443 724 Driveway Volumes Net New External (Approved) Vote: Trip generation was calculated using laily Traffic Generation Apartment Res taurant Drive-In Bank Drugstore Commercial Retail General Offce Apartment Restaurant Drive-In Bank Drugstore Commercial Retail General Office Apartment Restaurant Drive-In Bank Drugstore Commercial Retail General Office 4M Peak Hour Traffic Generation PM Peak Hour Traffic Generation .e following data: [P.B.C.] = T = 7 trips / dwelling unit [P.B.C.] = T = 130.34 trips / 1,000 sf [P.B.C.] = T = 265.21 trips/l,OOO S.F. [P.B.C.] = T = 97.20 trips11,OOO S.F. [P.B.C.] = Ln(T) = 0.64 Ln(X) + 5.87 [P.B.C.] = Ln(T) = 0.77 Ln(X) + 3.65 [P.B.C.] = T = 0.49(X) + 3.73 (20% in, 80% out) [P.B.C.] [P.B .C.] [P.B.C.] [P.B.C.] [P.B.C.] T = 1 1.52 trips / 1,000 sf (52% in, 48% out) T = 12.34 trips/lOOO SF; (56% in, 44% out) T = 3.20 tripsll000 SF; (59% in, 41% out) T = 1.03 trips/lOOO SF; (61% in, 39% out) Ln(T) = 0.80 Ln(X) + 1.55 (88% in, 12% out) [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] T = 0.62 trips perdu (65% in, 35% out) T = 10.92 trips / 1,000 sf (61% in, 39% out) T = 45.74 tripsll000 SF; (50% in, 50% out) T = 8.42 tripsll000 SF; (50% in, 50% out) Ln(T) = 0.660 Ln(X) + 3.40 (48% in, 52% out) Ln(T) = 0.74 Ln(X) + 1.83; (17% in, 83% out) p:\0420\860001[021506.xls]rablel 2/28/2006 9:27 Copyright 0 2006 _______. TABLE 2 Intensity PARCEL 31.04 PROPOSED TRIP GENERATION Daily Trips roposed Site Traffrc Townhomes Restaurant Commercial Retail Medical Office General Office subtotal du sf sf sf nternal Capture Townhomes Restaurant Commercial Retail Medical Office General Office subtotal 1,652 1,173 2,005 1,373 'ass-By Capture Restaurant Commercial Retail Medical Office General Office subtota, PM 12% 8% 8% 5% 5% Net New External (Proposed) 264 129 22 1 104 25 743 157 799 63 .15 1,034 4,754 5,366 Net New External (Approved) Difference Jote: Trip generation was calculated using 1 >aily Traffic Generation Apartment Restaurant Commercial Retail Medical Office General Office Apartment Restaurant Commercial Retail Medical Office General Office Apartment Restaurant Commercial Retail Medical Office General Office IM Peak Hour Traffic Generation ?M Peak Hour Traffic Generation 236 9,000 15,000 38,000 14.866 sf Ddym 16% 6% 11% 10% 11% 10% 8% 4% 8% 4% 15% 44.76% 5% 5% following data: [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] [P.B.C.] A Total 119 104 15 94 41 3 73 - - - - 7 10 2 3 2 25 - 14 6 5 2 27 - 321 32 1 0 - - Peak H In - = 24 54 9 74 36 I97 - 6 5 0 1 1 12 - 7 4 4 2 17 - 168 138 30 - - - r - out 95 50 6 20 5 176 - - - 1 5 2 2 1 13 - 7 2 1 0 10 - 153 183 - (30) - pn - Total 146 98 179 128 46 597 - - 18 9 14 6 2 49 13 74 6 2 95 453 545 - (92) - - T = 7 trips / dwelling unit T = 130.34 trips / 1,000 sf Ln(T) = 0.64 Ln(X) + 5.87 T=36.13trips/1,000sf Ln(T) = 0.77 Ln(X) + 3.65 T = 0.49(X) + 3.73 (20% in, 80% out) T = 11.52 trips / 1,000 sf (52% in, 48% out) T = 1.03 trips/lOOO SP; (61% in, 39% out) T = 2.48 trips/lOOO SP; (79% in, 216% out) Ln(T) = 0.80 Ln(X) + 1.55 (88% in, 12% out) T = 0.62 trips perdu (65% in, 35% out) T = 10.92 trips I 1,000 sf (61% in, 39% out) Ln(T) = 0.660 Ln(X) + 3.40 (48% in, 52% out) Ln(T) = 0.93 Ln(X) + 1.47; (27% in, 73% out) Ln(T) = 0.74 Ln(X) + 1.83; (17% in, 83% out) 'eak H In - - - 95 60 86 35 8 284 - 11 5 7 2 1 26 - 8 35 2 0 45 - 213 297 (84) - - - L out 51 38 93 93 38 313 - - 7 4 7 4 1 23 - 5 39 4 2 50 - 240 248 (8) - - - Copyright Q 2006 I I I I I I I I I I I I I I I PALOMA ZoNIffi WD WD LUP. RM SITE DATA ZONING, misnffi PDA ,PROPOSED PCD LAND USE. WSTlNG MXWRH . PROPOSED MXDm SECTION 35 TOWNSHIP 41 ME 42 50.50 AC FLOOD ZONE TOTAL SITE AREA RESID- PARCEL C ACREAGE 23.80 AC. DWELLING UNmS. TOTAL 2sDU (2 L 3 STORY - CONDCMINIUMI RESIDEMUL HIGH mcu 10.54 DUIAC. GROSS DENSITV NOKRESlDENlUL . PARCELS A 6 B SUBTOTAL ACREAGE 8.88 Ac. 5.37 Ac. PARCEL A PARCEL B 3.82 AC. TOTAL FLOOR ARvis 52,800 S.F. RETAIL 11.6wS.F. DRUGSTORE 12.M)(1 S.F. PROFESSIONAL DFFlcE - ~0.~ S.F. RESTAURANT 15.m S.F. BANK 4.000 S.F. SQUARE FOOTAGES PER PARCEL PARCEL A UP TO 78.606 S.F. PARCEL E UPTO 76,859 S.F. PUBUC RIGHTOF-WAY DEDICATIONS INTERSTATE 95 1.35AC. THOROUGHFARE ROADWAYS - 3.17 Ac. REQUIRED 75BAc. 15% PROVlDED(MNor1NauDEW) -13.RAC. 27% REQUIRED 0.47 AC. PROWDED 0.58 AC. w-nm~swmrn- RlEsERM 025 AC. BUFFERS AND omm PERVIWS 8.48 AC. OPEN SPACE UF'LAND PRESEW -3.9s AC. ME (NOT INaUDED IU OPEN PACE) - NOTES - BOUNDARY DIMENSIONS NOTED ON FWN PROVIDED BY LIDBERG LAND SURVEY AND WING Mc. FUTURE LAND USE DESIGNATN)F( A3 NOTED ON PUN. SEACOAST UTILITY AUTITHORITY WIU BE THE SOURCE OF POTABLE PARCEL ACCESSES SW BE SUBJECT TO RMEW AND ALL UND M~EAS WITHIN 1s OF mls sm ARE ZONED AND KWE A * WATER AND SANITARY SEWER SERVICE. * MODIFICATIONS FOR GEOMETRI. OPERAMMAL AND S4FElY DESIGN DETNLS ROADWAY AUGNMENTS ARE CONCEPTUAL IN NATVRE AND MAY PEDESTRIAN UNKAGES ARE CDNCEPTUAl M NATURE AND MAY BE LOCATION OF THE LINKAGES, BUl THE NUMRER OF UNKAGES WIU * CHANGE DURING THE SITE FUN RMEW PROCESS. ' AMENDED, THE SITE PIAN RMEW PROCESS WILL REFINE THE REWN THE SAME. ALL SID€WAU(S WILL PRbVIDE UNRIERSAL*CQSSIBIIJW WO WIU *PROVIOERAYPSPERTHEFLUUDA~CCOE,KIA~ m~ xxmmm. wC casmucnmi 3w HANM W RAMP DETMS FINAL CONFlGURATlONS TO BE SHOW ON CONSTRUCTION PLANS LOCATE0 ON THE ENGINEERING PLANS AND TO BE CERTIFIED BY THE PROJECT ENGINEER THERMWLASTIC ON ASWT .AUMEANDERINGSIDEWAUCSARECONQPTUU~~~MD . ALL STOP BARS, ROADWAY SIGNAGE. CROSS WALKS SHAU BE . ALL STOP BARS AND CROSSWALKS WILL EE WHKE PAVERS OR CURBING DETNLS snow ON ENGINEERING PUNS. 'SEE ENGINEERING PLANS FOR ALL ROADWAY CROSS SECTIONSAND GEOMETRIES AU UTILI7 AND DRAINAGE WEMENTS ARE PROPOSED UNLESS ' NOTFO L UsnNc FENCES TO BE REMOVED AT THE nME OF ' CONSTRUCTION OF BUFFERS. * MAY BE AMENDED DURING SITE PUN RMEW. ' RIGhT-OF-WAY LINE. * BOUNDARY IS FOR INFORMATlONAL PURPOSED MILY. * TO BE DETERMINED AT SITE PLAN APPROVAL LAKE DESIGNSAND LOUTIONSM CONCEPNM IN NATURE AND ALL SIGNS WILL BE F'IACED BACK A MINIMUM IF IS FROM ME ALL SURROUNDING INFORMAXJN CUITSlDE OF WE PARCEL ME LOCATIONS ARE CONCEPTUAL IN NATURE. EXACT BOUNDAWES MXDOCATlON OPEN SPACE MINIMUM 15% PROPOSED 15% MINIMUM 2.0% MAXIMUM 30% PROPOSED 20% MINIMUM zM( MAXIMUM Bo% PROPOSED 4E% EMPLOYMENT CENTER MINIMUM 2.0% WMUM 3C% PROPOSED 12% NEIGHBORHOOD COMMERCIAL RESIDENTIAL HIGH MXD HElGKT ::LIGSSORHOOD COMMERCIAL MINIMUM 2 STORIES MAXIMUM 4 STORIES PROWSED UP TO 4 STORIES- RESIDENTIAL HIGH MINIMUM 2 STORIES MAXIMUM .STORIES PROPOSED 2 b 3 STORIES MINIMUM ZSTORIES MAXIMUM 4 STORIES PROPOSED UP TO 4 FLOORS -,I?XTo H*v€rMmn CIyuCrw - w- rimEcm DcRlffi a7€ EMPLOYMENT CENTER --____ PROPOSED UP Tb 50% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 22,2006 RESOLUTION 53,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN FOR THE 50.58-ACRE PARCEL 31.04 MIXED-USE PLANNED COMMUNITY DEVELOPMENT (MXDIPCD), GENERALLY BOUNDED BY INTERSTATE 95 AND CENTRAL BOULEVARD TO THE WEST, THE FUTURE EXTENSION OF VICTORIA FALLS BOULEVARD TO THE NORTH, THE FUTURE EXTENSION OF ELM AVENUE TO THE EAST, AND THE PALOMA PLANNED UNIT DEVELOPMENT (PUD) TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE DEVELOPMENT OF 15,000 SQUARE FEET OF RESTAURANT SQUARE FEET OF DRUGSTORE USE, 11,600 SQUARE FEET OF COMMERCIAL RETAIL USE, 10,000 SQUARE FEET OF THREE PARCELS; PROVIDING FOR ONE WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. USE, 4,000 SQUARE FEET OF DRIVE-IN BANK USE, 12,000 PROFESSIONAL OFFICE USE, AND 252 MULTI-FAMILY UNITS ON WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City has received a request by Mr. Marty Minor of Urban Design Studio, on behalf of Gardens 95 Limited Partnership, LCC, for approval of a master development plan for a 50.58-acre site referred to as the Parcel 31.04 Mixed-Use Planned Community Development (MXD/PCD), generally bounded by Interstate 95 and Central Boulevard to the west, the future extension of Victoria Falls Boulevard to the north, the future extension of Elm Avenue to the east, and the Paloma Planned Unit Development (PUD) to the south, as more particularly described herein, to allow the development of 15,000 square feet of restaurant use, 4,000 square feet of drive-in bank use, 12,000 square feet of drugstore use, 1 1,600 square feet of commercial retail use, 10,000 square feet of professional office use, and 252 multi-family units on three (3) parcels; and WHEREAS, the subject site has a Mixed-Use Planned Community District Overlay (MXD/PCD) zoning designation and has a land-use designation of Mixed-Use (MXD); and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 22,2006 Resolution 53,2006 WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at its April 25,2006, meeting and recommended its approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest 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 recitals are hereby affirmed and ratified. SECTION 2. The master development plan application of Mr. Marty Minor of Urban Design Studio, on behalf of Gardens 95 Limited Partnership, LCC, is hereby APPROVED on the following described real property to permit the development of 15,000 square feet of restaurant use, 4,000 square feet of drive-in bank use, 12,000 square feet of drugstore use, 11,600 square feet of commercial retail use, 10,000 square feet of professional office use, and 252 multi-family units on three (3) parcels within the Parcel 31.04 Mixed-Use Planned Community Development (MXD/PCD), generally bounded by Interstate 95 and Central Boulevard to the west, the future extension of Victoria Falls Boulevard to the north, the future extension of Elm Avenue to the east ,and the Paloma Planned Unit Development (PUD) to the south, subject to the conditions of approval contained herein, which are in addition to the general requirements othewise provided by ordinance: LEGAL DESCRIPTION: PARCELS 31.04 AND 31.05 A PARCEL OF LAND SITUATED IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE RECORD BOOK 5805, PAGE 181 OF THE PUBLIC RECORDS OF PALM BEACH BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 AND OFFICIAL RECORD BOOK 5805, NORTHEAST RIGHT-OF-WAY OF INTERSTATE 1-95 AS DESCRIBED IN OFFICIAL COUNTY, FLORIDA AND THE SOUTHEAST RIGHT-OF-WAY OF CENTRAL 2 Date Prepared: May 22,2006 Resolution 53,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PAGE 181 OF THE SAID PUBLIC RECORDS; THENCE NORTH 40'53'44" EAST, DISTANCE OF 1 ,105.83 FEET; THENCE NORTH 46'22'41" WEST, CONTINUING ALONG SAID SOUTHEAST RIGHT-OF-WAY OF CENTRAL BOULEVARDl A ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 39.99 FEET; THENCE NORTH 43'37'28" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 24.53 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 46'22'32" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE OF 15'38'58"; THENCE PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF- WAY LINE, A DISTANCE OF 538.03 FEET; THENCE DEPARTING SAID RIGHT-OF- WAY LINE SOUTH 66'38'32" EAST, A DISTANCE OF 316.95 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1149.42 FEET, A RADIAL BEARING OF NORTH 24'34'53" EAST AND A CENTRAL ANGLE OF 09'27'21"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 189.70 FEET; THENCE SOUTH 16'20'57" WEST, A DISTANCE OF 957.79 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1146.00 FEET AND A CENTRAL ANGLE OF 28'21'19'; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 567.15 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3100.00 FEET AND A CENTRAL ANGLE OF 13'25'31"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 726.38 FEET; THENCE SOUTH 01'25'08" WEST, A DISTANCE OF 341.92 FEET; THENCE NORTH 88'34'52" WEST, A DISTANCE OF 456.20 FEET TO A POINT ON OFFICIAL RECORD BOOK 5805, PAGE 181; THENCE NORTH 30'31'49" WEST, HAVING A RADIAL BEARING OF NORTH 59'28'11" EAST, A RADIUS OF 24424.13 FEET, AND A CENTRAL ANGLE OF 2'17'55"; THENCE PROCEED NORTHERLY DISTANCE OF 979.82 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THE NORTHEAST RIGHT-OF-WAY OF SAID INTERSTATE 1-95 AS DESCRIBED IN ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 641.05 FEET TO A CURVE AND WESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE, A CONTAINING 2,203,436.10 OR 50.58 ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waiver: 1. Section 78-1 57(f), entitled Residential MXD intensify measures and special definitions, to waive the requirement for vertical integration of residential uses within a Residential MXD/PCD. SECTION 4. Said approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 28 1. 2. 3. 4. 5. 6. 7. Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall provide cost estimates in accordance with LDR Sections 78-309 and 78-461 and for on-site project improvements, not including public infrastructure or landscaping and irrigation costs, for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the State of Florida and shall be posted with the City prior to the issuance of the first land alteration permit. (City Engineer) The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the Applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) The Applicant shall copy to the City all permit applications, permits, certifications, and approvals. (City Engineer) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) Limited clearing for infrastructure and common amenity installation within an individual parcel of the PCD that has not yet received site plan approval that is needed to support another parcel in the PCD shall be permitted, subject to the approval of the City Engineer and City Forester. The limits of said clearing and installation shall be identified on the final construction plan for review and approval by the City prior to the issuance of the first land alteration permit. (City Engineer, City Forester) Prior to the issuance of the first land alteration permit, the Applicant shall submit signed, sealed, and dated construction plans (paving, grading, drainage, and waterhewer) and all pertinent calculations for review and comment. (City Engineer) 4 Date Prepared: May 22,2006 Resolution 53,2006 1 2 3 4 5 6 7 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a 8. The Applicant shall, together with the recordation of the plat for the PCD, dedicate adequate right-of-way for the future construction of the planned I- 95Kentral Boulevard interchange. (PBC Traffic, City Engineer) 9. The Applicant, successors, or assigns shall monitor traffic operations studies (supplemental operations analysis) of the East-West Roadway (a.k.a. Roadway #12, Victoria Falls Boulevard) and Military Trail intersection beginning during peak season after the issuance of the first certificate of occupancy and every six (6) months thereafter for two (2) years beyond the final certificate of occupancy or the build-out date whichever comes last. Should the study indicate a need for any roadway/intersection improvements as determined by the City Engineer, the applicant, successors, or assigns shall be responsible for said improvement. The City shall reimburse the Applicant for the cost of any roadway improvements to the extent that the City collects pro-rata funds from other developments having an impact on the intersections as determined by their development orders and/or traffic analyses. (City Engineer) 10. For all improvements that are not assured construction, the developer shall enter into a Public Facility Agreement (PFA) with Palm Beach County for funding the roadway improvements, in a form acceptable to the County Engineer, within six (6) months of the issuance of the development order and before the first land alteration permit is issued. (City Engineer) 11. Beginning on (one (1) year from the approval of this Resolution) and continuing through substantial completion of construction, the Applicant shall annually provide the City with a status report on all the approved elements of the PUD, including, but not limited to, the compliance or status of any conditions of approval, total number of approved permits issued, certificates of occupancy issued, and percentage of square footage occupied (commercial) to date. Report submittals shall be exactly one (1) year apart beginning on the date specified above and shall continue through the build-out date or the issuance of the final certificate of occupancy, whichever comes last. (City Engineer, Planning & Zoning) 12. Prior to the issuance of the first Certificate of Occupancy, the construction of the Proposed Roadway #I 2 (Victoria Falls Boulevard) connecting Central Boulevard to Military Trail and Proposed Roadway #14 (Elm Avenue) shall be complete (including irrigation, hardscape, and landscaping) and accepted by the City. It should be noted that these roadways must be designed in conjunction with the City of Palm Beach Gardens’ planned roadway linkages. (PBC Traffic, City Engineer, City Forester) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 22,2006 Resolution 53,2006 13. Commencing after the issuance of Certificates of Occupancy for fifty percent (50%, 102 dwelling units) of the residential units or the issuance of Certificates of Occupancy for thirty percent (30%) of the commercial square footage, whichever comes first, the Applicant shall perform and submit an annual Signal Warrant Analysis for the intersection of Proposed Road #I2 (Victoria Falls) and Military Trail. The methodology of the traffic analysis shall be determined by the City Engineer. The annual traffic analysis shall be conducted until such time as signalization is warranted at the above intersections for two (2) years beyond the build-out date or the issuance of the final Certificate of Occupancy, whichever comes last. Should the warrant indicate a need for a signal at the Proposed Road #I2 and Military Trail, the Applicant, successors, or assigns shall be required to install the signal. The signal shall be installed to be fully operational, including all appropriate land geometry (as determined by Palm Beach County and the Florida Department of Transportation), pavement markings, signage, and lighting. The City shall reimburse the Applicant, successors, or assigns for the cost of the signal and installation to the extent that the City collects pro- rata funds, as determined by the City Engineer, from other developments having an impact on the intersections as determined by their development orderdtraffic impact analysis. The Applicant may coordinate (and contribute to the cost of preparation of this analysis) the submittal of this analysis with other applicants having this same submittal requirement (i.e., Parcel 31 B, a.k.a. Parcel 31.03/31.05) to satisfy the intent of this condition. (PBC Traffic, City.Engineer) 14. Prior to the issuance of the first land alteration permit, AM and PM peak hour intersection analysis using projected volumes, at the following locations are required to determine turn lane and storage requirements: - Hood Road/Proposed Road #I4 (Elm Avenue); - Military TraiVProposed Road #I 2 (Victoria Falls Boulevard); - Central Boulevard/ Proposed Road #I 2 (Victoria Falls Boulevard); and - Proposed Road #12 (Victoria Falls Boulevard) and Proposed Road #I4 (Elm Avenue) indicated above. (PBC Traffic) 15. The Applicant shall dedicate to the City of Palm Beach Gardens the rights- of-way necessary to comply with the conditions of the Palm Beach County traffic concurrency approval. (PBC Traffic, City Engineer) 16. The build-out date for this project shall be December 31, 2007, unless otherwise extended by the City. (PBC Traffic, City Engineer) 6 Date Prepared: May 22,2006 Resolution 53,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Planninq and Zoninq 17. The Applicant shall meander the sidewalks along the adjacent rights-of-way, whenever possible, to the satisfaction of the Growth Management Administrator. (Planning & Zoning) 18. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide pedestrian scale lighting along the adjacent rights-of-way, whenever possible, to the satisfaction of the Growth Management Administrator. (Planning & Zoning) 19. Uses permitted within the Commercial portion of the PCD shall be established during the approval of the site plan for the same. (Planning & Zo n ing ) 20. The Applicant, successors, or assigns within the Commercial portion of the PCD shall provide the City with an accurate breakdown of the uses allocated in the commerciaVoffice building when applying for an occupational license. Amendments to the approved uses may require parking and traffic analysis for approval by the City. (Planning & Zoning) 21. Prior to the issuance of the first Certificate of Occupancy for each parcel, the Applicant shall install an aeration system within all lakes located within the parcel and shall bear the perpetual responsibility of maintenance of such system. (Planning & Zoning) 22. A development compliance signoff process shall be completed prior to the issuance of the first residential Building Permit, first residential Certificate of Occupancy, last residential Certificate of Occupancy, and all commercial Building Permits and Certificates of Occupancy. (Planning & Zoning) Landscapinq 23. Prior to the issuance of the first land alteration permit, the developer shall erect and maintain barriers adjacent to the preserves. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester. (City Forester) 24. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall remove all prohibited and invasive non-native plants from the site and install all native material within the preserve areas to effectively screen the site from view of public road rights-of-way to the satisfaction of the City Forester. (City Forester) 7 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a 2a Date Prepared: May 22,2006 Resolution 53,2006 25. The Applicant, successors, or assigns shall be responsible for their fair share of the landscape maintenance (including irrigation) of the medians and road shoulders within those sections of public rights-of-way adjacent and/or contiguous to the PCD. This condition may be amended at any time by a separate agreement between the Applicant and the City of Palm Beach Gardens. (City Forester) 26. Landscaping and irrigation within medians and adjacent roadway shoulders for the portions of the following roadways adjacent to the property shall be installed prior to the issuance of the first Certificate of Occupancy: (1) the future extension of Victoria Falls Boulevard; (2) the future extension of Elm Avenue; and (3) Central Boulevard. A one-time, six (6) month extension may be granted by the Growth Management Administrator upon review of sufficient justification. (City Forester) 27. Prior to the issuance of the Certificate of Occupancy for the first commercial or residential structure, the Applicant shall install the PCD buffers along the future extension of Victoria Falls Boulevard and the future extension of Elm Avenue. A one-time six (6) month extension may be granted by the Growth Management Administrator upon review of sufficient justification. (City Forester) 28. Prior to the issuance of the 102nd residential Certificate of Occupancy, the community park improvements surrounding the easternmost lake located between the residential and commercial parcels and the residential recreation center shall be completed. (City Forester) 29. Prior to the issuance of the first commercial Certificate of Occupancy, the community park improvements surrounding the westernmost lake located between the commercial and residential parcels shall be completed. (City Forester) 30. Prior to the issuance of the first land alteration permit, or as determined by the Growth Management Administrator, the Applicant shall install a minimum six (6) foot tall construction fence around the perimeter of the property. The fence shall include privacy tarps, either green or black in color, covering each section. The location of the fence and any necessary clearing therefore prior to the issuance of the first land alteration permit shall be determined by the Growth Management Administrator. (City Forester) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 38 Date Prepared: May 22,2006 Resolution 53, 2006 31. If, in the future, Elm Avenue is extended south of the southern site entrance, the Applicant, successors, or assigns shall be responsible for their fair share of the landscape maintenance (including irrigation) of the medians and road shoulders within those sections of public rights-of-way adjacent andlor contiguous to the PCD. This condition may be amended at any time by a separate agreement between the Applicant and the City of Palm Beach Gardens. (City Forester) Miscellaneous 32. Required digital files of the approved PCD master plan and plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first Certificate of Occupancy, and approved civil design and architectural drawings for each site shall be submitted prior to the issuance of the Certificate of Occupancy for each site. (GIs Manager, Development Compliance Officer) 33. All pedestrian walkways on site, including parkway multi-use pathways and sidewalks within rights-of-way shall be lit, at a minimum of not less than .6 foot-candles with pedestrian scale lighting of similar design to parkway lighting used within MirasollJog Road parkway corridor. (Police) SECTION 5. This Planned Community Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. 2. 3. 4. 5. Sheets MP-01 & MP-02: Master Plan and Thoroughfare and Linkage Enhancement Plan, prepared by Urban Design Studio, last revised on May 15, 2006 (as noted on the cover page), and received and stamped by the City on May 16,2006. Sheets L-00 thru L-011: Buffer and Roadway Landscaping Plans, prepared by Urban Design Studio, last revised on April 14, 2006 (as noted on the cover page), and received and stamped by the City on May 16,2006. Parcel 31.04 Mixed-Use Design Guidelines, dated March 3, 2006, and received and stamped by the City on May 25,2006. Parcel 31.04 MXD Amenity Package and Amenities Key Plan, received and stamped by the City on May 25,2006. Parcel 31.04 Canopy Plan - Day One Installation, prepared by Urban Design Studio, last revised and received and stamped by the City on June 30,2006. 9 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 a Date Prepared: May 22,2006 Resolution 53, 2006 SECTION 6. This approval shall be consistent with all representations made by SECTION 7. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this &OF day of the Applicant or Applicant’s agents at any workshop or public hearing. ,2006. ATTEST: BY: Patricia Snider, CMC, Cityklerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: d c Chxtine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR BARNETT COUNCILMEMBER JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE -- AYE NAY ABSENT ALP- J I/ --- --- J --- \\Pbgsfile\Attorney\attomey_share\RESOLUTlONS\Cimarron PCD- reso 53 2006.d~ d 10 Department of Engineering and Public Works PO. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 ww.pbcgov.com Palm Beach County Board of County Commissioners Addie L. Greene. Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman ‘An Equal Opportunily ADmahve Action Employer’ November 27,2006 Ms. Judy Dye LBFH Inc. Assistant City Engineer City of Palm Beach Gardens 3550 S.W Corporate Pkwy. Palm City, FL 34990 RE: Cimarron Cove - Parcel 31.04 - Revised Plan & Extended &jiiQut TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Judy: The Palm Beach County Traffic Division has reviewed the revised traffic study and additional submittals for the revised development plan and extended build-out of the previously approved mixed use project entitled; Cimarron Cove - Parcel 31.04, pi:;want to the Trziffic Perfomawe Standzrds ir: Art& 12 of the Pair;: Seaeh Courity Land Development Code. The project is summarized as follows: Location; Mu nki pal i ty : Existing Uses: PCN #: Prev. Approval: Proposed Uses: New Daily Trips: New PH Trips: Build-ou t Year: SE Quadrant of 1-95 and Central Boulevard. Palm Beach Gardens. None 252 MF Residential Units (Town-Homes), 15,000 High Turnover Restaurant, 10,000 SF General Office, 12,000 SF Drugstore, 11,600 SF General Commercial, and 4,000 SF Bank WDT. 236 MF Residential Units (Apartments), 9,000 High Turnover Restaurant, 14,866 SF General Office, 15,000 SF General Commercial, and 38,000 SF Medical Office. 4,729 322 AM, 453 PM 2010 52-42-4 1-36-00-000-3040 Based on our review, the Traffic Division has determined that the proposed mixed-use project meets the Traffic Performance Standards of Palm Beach County, under the following conditions: 0 No certificate of occupancy must be issued by the City, until construction of the proposed Roadways # 12 and #14, connecting Central Boulevard to Military Trail, is completed. It should be noted that these roadways must be designed in conjurction with tk! Cit? c.f Fsirr, Beack Sa::Jer~., S:aiIr!& raadway ii:,!agts. Appropriate surety must be posted for installation of a traffic signal at the intersection of Military TraiVProposed Roadway #12, to be drawn within 24 months after the final certificate of occupancy is issued. Furthermore, upon meeting warrants, proper traffic control and safety devices must be installed at the following intersections: o Hood Road/Proposed Road #14 o Military TraiDProposed Road #12 o Central Boulevard/Proposed Road #I2 o Proposed Road #12/Proposed Road #I4 Construction of a NBL/U-turn lane at the intersection of Central Boulevard with the Proposed Road 7712 (Victoria Falls Boulevard). It should be noted that this condition may be waived-off if and as long as the proposed access driveway on Central Boulevard is limited to function as an entrance only. @ printed on recycled paper Page 2 Provision of an exclusive NB right turn-lane onto the proposed driveway on Central Boulevard. Also, limiting traffic to right-in-right-out operations at this project access. 0 Installation of proper signage inside the development, discouraging drivers intending to travel south on Central Boulevard to use the right in-right-out access driveway on Central Boulevard. Provision of adequate right of way for construction of the planned 1-95 ramps at Central Boulevard interchange. Also, since implementation of the first condition in this concurrency certificate, requires acquisition of private land, it is suggested for the city to take adequate measures and finalize all necessary arrangements to assure implementation of !his canditlon, prior to issuance of the development order. No building permits are to be issued by the City, after the build-out date specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY.ENGINEER - Traffc Division CC: Kimley-Horn & Associates, Inc. MTP Group File: General - TPS - Mun - Traffic Study Review F:\TRAFFIC\ma\Admin\pprovaIs\O60319 CITY OF PALM BEACH GARDENS 10500 N. MILTARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 August 19,2003 Mr. Paul Angelo WCI Communities, Inc. 1 163 1 Kew Gardens Avenue Palm Beach Gardens, Florida 33410 Re: Transfer of Dwelling Units to Parcel 31.04 Dear Mr. Angelo: This letter is in response to your correspondence dated July 25, 2003, to confirm the transfer of 162 residential dwelling units to Parcel 31.04 from the Old Palm Golf Club Planned Community Development (PCD). As you are aware, the City has approved the transfer of dwelling units among the sub-parcels within Parcel 3 1. Based on the density permitted by the Forbearance Agreement, the Old Palm PCD was allowed 1,953 residential dwelling units. However, the Old Palm PCD was approved for 333 residential dwelling units, which left a balance of 1,620 dwelling units that could be transferred amongst the Parcel 3 1 sub-parcels. On January 2, 2003, the City approved the transfer of 75 dwelling units to Parcels 31.06 and 31.07 from the aforesaid balance of 1,620 dwelling units, leaving a balance of 1,545 dwelling units. The currently requested transfer of 162 dwelling units from the remaining balance of 1,545, leaves a new balance of 1,383 dwelling units that could be transferred amongst the Parcel 3 1 sub-parcels, provided concurrency for this level of development is granted. Parcel 31.04 is permitted a maximum of 91 residential dwelling units under the current Mixed Use (MXD) land-use designation (50.58 acres x 60% maximum area for residential use x three (3) dwelling unitdacre per the Forbearance Agreement). The transfer of the 162 dwelling units, together with the 91 dwelling units permitted under the MXD land-use designation, results in a maximum of 253 residential dwelling units permitted for Parcel 3 1.04, provided concurrency for this level of development is granted. Should you have any questions or comments, please do not hesitate to contact Talal Benothman, Principal Planner, at (561) 799-4243. Sincerely Charles K. Wu, AICP Growth Management Administrator E. Talal M. Benothman, Principal Planner Christine P. Tatum, City Attorney Kara Irwin, Senior Planner Michael J. Sanchez, Senior Planner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 4,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN FOR THE USE PLANNED COMMUNITY DEVELOPMENT (MXD/PCD), GENERALLY LOCATED AT THE SOUTHEAST CORNER OF CENTRAL BOULEVARD AND THE FUTURE EXTENSION OF VICTORIA FALLS BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS “LATITUDES IN THE GARDENS”, TO ALLOW THE DEVELOPMENT OF9,OOO SF OF RESTAURANT USE, 15,000 SF OF RETAIL USE, 38,000 SF OF MEDICAL OFFICE USE, AND 14,866 SF OF PROFESSIONAL OFFICE USE; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 9.0-ACRES OF “PARCELS A & B” OF THE PARCEL 31.04 MIXED- WHEREAS, the City has received a request by Ms. Dodi Glas, of Gentile, Holloway, O’Mahoney and Associates, Inc., on behalf of Gardens 95 Limited Partnership, LCC, for site plan approval to allow the development of 9,000 sf of restaurant use, 15,000 sf of retail use, 38,000 sf of medical office use, and 14,866 sf of professional office use within the approximately 9.0-acres of “Parcels A and B” of the Parcel 31.04 Mixed-Use Planned Community Development (MXD/PCD), generally located at the southeast corner of Central Boulevard and the future extension of Victoria Falls Boulevard, as more particularly described herein, to be referred to as “Latitudes in the Gardens”: and WHEREAS, the subject site has a Mixed-Use Planned Community Development (MXDIPCD) zoning designation and has a land use of Mixed Use (MXD); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said application at its December 12, 2006, meeting and voted 7-0 to recommend its approval to the City Council; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: December 14, 2006 Resolution 4, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The site plan application of Ms. Dodi Glas of Gentile, Holloway, O’Mahoney and Associates, Inc., on behalf of Gardens 95 Limited Partnership, LCC, is hereby APPROVED on the following described real property to allow the development of 9.000 sf of restaurant use, 15,000 sf of retail use, 38,000 sf of medical office use, and 14,866 sf of professional office use within Parcels “A’ and “B” of the Parcel 31.04 Planned Community Development, generally located at the southeast corner of Central Boulevard and the future extension of Victoria Falls Boulevard, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION LATITUDES IN THE GARDENS A PARCEL OF LAND SITUATE IN SECTION 36, TOWNHIP SOUTH, RANGE 42, EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHEAST RIGHT-OF-WAY OF INTERSTATION 1-95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 SOUTHEAST RIGHT-OF-WAY OF CENTRAL BOULEVARD AS SHON ON ROAD OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE PLAT BOOK 6, PAGE 88 AND DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 AND OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE SAID PUBLIC RECORDDS; THENCE NORTH 40’53’44” EAST, ALONG SAID SOUTHEAST RIGHT- OF-WAY OF CENTRAL BOULEVARD, A DISTANCE OF 628.76 FEET TO TH EPOINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY NORTH CNTlNUlNG ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 39.99 FEET; THENC NORTH 43’37’28’’ EAST, CONTINUING ALONG SAID RIGHT-OF-WAY, DISTANCE 40’53’44” EAST, A DISTANCE OF 477.07 FEET; THENC NORTH 46’37’28’ WEST, OF 24.53 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIAL BEARING OF NORTH 46’22’32” WEST, A RADIUS OF 1,969.86 FEET AND A CENTRAL ANGLE OF 15’38’58”; THENCE PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE A DISTANCE OF 538.03 FEET; THENCDEPARTING SAID RIGHT-OF-WAY LINE SOUTH 66’38’32” EAST, A DISTANCE OF 316.95 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1149.42 FEET, A RADIAL BEARING OF NORTH 24’34’53” EAST AND A CENTRAL ANGEL OF 09’27’21’’; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 189.70 FEET; THENC SOUTH 16’20’57” WEST, A DISTANCE OF 2 Date Prepared: December 14, 2006 Resolution 4, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 957.79 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1146.00 FEET AND A CENTRAL ANGEL OF 04’41’36”; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 93.87 FEET; THENCE SOUTH 89’57’57” WEST, A DISTANCE OF 192.77 FEET; THENC NORTH 54’47’47” WEST, A DISTANCE OF 209.84 FEET TO A POINT OF HAVING A RADIUS OF 55.00 FEET, A RADIAL BEARING OF NORTH 22’59’16’’ WEST AND A CENTRAL ANGLE OF 121”38’05”; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 116.76 FEET; THENCE SOUTH 71”49’50” WEST, A DISTANCE OF 69.44 FEET; THENCE NORTH 54’47’20” WEST, A DISTANCE OF 348.66 FEET TO THE POINT OF BEGINNING. CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, CONTAINING 723,793 SQUARE FEET OR 16.62 ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following two (2) waivers: 1. Section 78-563(e) of the City’s LDRs, entitled Lake maintenance easements, to allow landscaping and pedestrian amenities within Lake Maintenance Easements (LMEs). 2. Section 78-320(a)(I) of the City’s LDRs, to waive the requirement for foundation plantings. SECTION 4. Said approval is subject to the following conditions of approval, which shall be the responsibility of the Applicant, its successors, or assigns: Planning and Zoninq 1. Prior to the issuance of any building permits, the applicant shall submit a Master Signage program for review and approval of the Planning and Zoning Department. (Planning & Zoning) 2. All outdoor seating shall be subject to the review and approval of the Planning and Zoning staff. (Planning and Zoning) 3. Prior to the issuance of a building permit for any vertical construction, the applicant, successor or assigns shall ensure the completion of the bridge between the commercial and residential portion of the Planned Community District, to the satisfaction of the Growth Management Director. 4. Prior to the issuance of the first building permit, the Applicant shall post escrow or make payment in-lieu for Art in Public Places in accordance with the City Code. If the Applicant is proposing art on site, an application for art approval shall be submitted prior to the issuance of the first building permit, and the art shall be approved prior to the issuance of the first Certificate of Occupancy. If the art is not 3 Date Prepared: December 14, 2006 Resolution 4, 2007 1 2 3 4 5. 5 6 7 8 9 10 11 12 6. 13 14 15 16 17 7. 18 19 20 21 22 8. 23 24 25 26 9. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 approved prior to the issuance of the first Certificate of Occupancy, the City shall have the option of withdrawing the escrow. (Planning & Zoning) Should the developer of the Central Park project to the northwest construct the left-turn lane from northbound Central Boulevard at Victoria Falls Boulevard, the applicant shall provide their proportionate fair share contribution based on their northbound turning movement impact at said intersection, toward the cost of construction of the turn-lane within 60 days of the Palm Beach County acceptance of the turn-lane, or prior to the issuance of a building permit for the Phase II building, whichever comes first. (Planning and Zoning and Engineering) The applicant shall submit a tabular summary that includes each tenant and the square footages for all uses on site. This summary shall be updated and submitted each time an interior tenant renovation permit and occupational license are submitted to the City for review and approval.. (Planning Zoning) Prior to the issuance of a building permit the applicant shall revise the site plan details to indicate a cutoff style light fixture, or alternative fixture. The fixture detail shall be subject to review and approval of the Growth Management Director and/or hislher designee. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, the applicant shall provide verification of unity of control for both Parcels A and B, which shall be subject to the review and approval of the City Attorney. Prior to the issuance of the first Certificate of Occupancy, the applicant shall provide the Property Owner’s Association Documents to the City Attorney for review and approval. 10. Prior to issuance of the first building permit for vertical construction, the applicant shall install a six-foot tall construction fence with a privacy tarp around the entire property line. (Planning & Zoning) Landscaping 11. Prior to the issuance of a Certificate of Occupancy for Phase I, the applicant shall sod and irrigate the area of Phase II. The sod and irrigation shall be maintained until Phase II is constructed. (City Forester) 12. The location of grease traps and dumpsters shall be subject to the approval of the City Forester, and shall not be located within any green space. (City Forester) 13. Any future covered parking locations shall not conflict with any green space. (City Forester) 4 Date Prepared: December 14, 2006 Resolution 4. 2007 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 14. 15. 16. Prior to the issuance of the first commercial Certificate of Occupancy, the community park improvements surrounding the westernmost lake located between the commercial and residential parcels shall be completed. (City Forester) Prior to the issuance of the first building permit, the Applicant shall provide the City with construction drawings which place all utilities leading to buildings under impervious surfaces. The Growth Management Administrator may require the project to be re-reviewed and approved by City Council if placing the utilities under impervious surfaces to prevent conflicts with landscaping is not possible. (City Forester) Prior to the issuance of the first Certificate of Occupancy, the applicant shall install all required buffer plantings in accordance with the approved landscape plan. (City Forester) Enqineerinq 17. 18. 19. 20. 21. 22. Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide cost estimates in accordance with LDR Section 78-309 and 78-461 and for on-site project improvements, not including public infrastructure, or landscaping and irrigation costs for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the State of Florida and shall be posted with the City, prior to the issuance of the first land alteration permit. (City Engineer) The construction, operation andlor maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) The Applicant shall copy to the City all permit applications, permits, certifications and approvals. (City Engineer) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall schedule a pre-permit meeting with City staff. (City Eng i n eer) Limited clearing for infrastructure and common amenity installation within an individual parcel of the PCD that has not yet received site plan approval that is 5 Date Prepared: December 14, 2006 Resolution 4, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 23. 24. 25. needed to support another parcel in the PCD shall be permitted, subject to the approval of the City Engineer and City Forester. The limits of said clearing and installation shall be identified on the final construction plan for review and approval by the City prior to the issuance of the first land alteration permit. (City Engineer, City Forester) Prior to issuance of the first land alteration permit, applicant shall submit signed, sealed, and dated construction plans (paving, grading, drainage and waterisewer) and all pertinent calculations for review and comment. (City En g i neer) Prior to the issuance of a building permit for vertical construction, the applicant shall plat the site to include all existing and proposed easements, in accordance with LDR Section 78-446, for City Council approval. (City Engineer and Planning & Zoning) The applicant shall be subject to the conditions of the Traffic Concurrency issued by the Palm Beach County Traffic Division (PBC Traffic) as described below, and/or any subsequent modifications to the concurrency conditions issued by PBC Traffic. a. b. C. d. Prior to the issuance of any Certificate of Occupancy, the applicant shall construct the roadway extensions for Elm Avenue and Victoria Falls Boulevard in accordance with the City of Palm Beach Gardens planned roadway linkages, and all applicable City road design standards. Within 60 days of site plan approval the applicant shall post surety for the installation of a traffic signal at the intersection of Military Trail and Victoria Falls Boulevard, to be drawn within 24 months of the issuance of the final Certificate of Occupancy. Furthermore, upon meeting warrants, proper traffic control and safety devices must be installed at the following intersections: I. II. Ill. iv. Hood Road and Elm Avenue (Road #14) Military Trail and Victoria Falls Boulevard (Road #I 2) Central Boulevard and Victoria Falls Boulevard (Road #12) Victoria Falls Boulevard and Elm Avenue (Road #14) ... Prior to the issuance of any Certificate of Occupancy the applicant shall provide an exclusive northbound right turn-lane onto the proposed driveway on Central Boulevard. Also, traffic shall be limited to right-in, right-out operations at this access point. Prior to the issuance of any Certificate of Occupancy the applicant shall construct a northbound left/U-turn at the intersection of Central Boulevard and Victoria Falls Boulevard. This requirement may be postponed/waived 6 Date Prepared: December 14, 2006 Resolution 4, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 26. 27. Police 28. 29. 30. 31. 32. so long as the access driveway from Central Boulevard into the project is limited to an entrance only function. e. Prior to the issuance of any Certificate of Occupancy the applicant shall provide proper signage within the development, discouraging drivers intending to travel south on Central Boulevard form using the right-in, right-out access onto Central Boulevard. f. Prior to the issuance of the first infrastructure permit, the applicant shall demonstrate that adequate right-of-way for the construction of the planned Interstate 95 ramps at the Central Boulevard interchange is provided. Prior to the issuance of the first building permit, the Applicant shall provide a pavement marking and signage plan for review and approval. (City Engineer) Applicant shall notify the City’s Public Works Division at least 10 working days prior to the commencement of any workkonstruction activity within any public right-of-way within the City of Palm Beach Gardens. In the case of a city right-of- way, the applicant has at least five working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all workkonstruction activity within the public right-of-way and the subject development site. (Public Works) All lighting shall be metal halide following IESNA lighting standards. Applicant shall submit detailed photometric lighting plan. The lighting shall be designed to maximize surveillance and minimize glare or intrusive lighting. (Police) Landscaping and building design shall not conflict with lighting (to include long- term tree canopy growth). (Police) The applicant shall provide timer clock or photocell sensor engaged lighting from dusk to dawn by either direct or back lighting above or near entryways to residences and all pedestrian sidewalks. (Police) All pedestrian walkways on site, including parkway multi-use pathways and side walks within rights of way shall be lit at minimum no less than .6 candles with 12’ pedestrian scale lighting of similar design to parkway lighting used within MirasoVJog Road parkway corridor . (Police) The applicant shall provide internally illuminated entrance sign that shall be visible from public access to the property to expedite public safety response. (Police) 7 Date Prepared: December 14, 2006 Resolution 4, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 33. 34. 35. 36. 37. 38. Landscaping shall not obstruct view of windows, building address numbers, and walkways. (Police) The applicant shall provide a street address system depicting street names and residential numerical for emergency response purposes. The address system depiction should be 8-1/2x11 map format. (Police) The applicant shall strategically place illuminated directories with arrow indicators for building addresses at the ingress point at driver eyesight level mounted in a permanent stationary and durable manner and shall remain unobstructed at all times from trees, shrubs, or anything that would tend to hide or obscure from public access. Directories shall be in sufficient in number with contrasting colors to insure public safety can easily locate a particular address or unit. (Police) Numerical Address: a. Shall be illuminated from dusk to dawn for nighttime visibility. (Police) b. Must have bi-directional visibility from the roadway. Address numbers on entry doors and garages of multi- tenant buildings need to be a minimum of 6”in height. (Police) c. Building numbers for multi-unit buildings shall be a minimum of 12” and placed in at least two conspicuous locations away from landscaping, preferably on each corner of each free standing side. A third building number shall be required on buildings 200’ or longer. (Police) The applicant shall use raised brick pavers in high pedestrian/vehicle travel areas in furtherance of pedestrian safety. (Police) Parkway Preserve/Meandering paths: a. The applicant shall maximize natural surveillance of the pedestrian pathslwalk ways through selective vegetative management practices. Ground cover should be no higher than 24” and trees having a minimum 7’ clear trunk space creating a natural surveillance window. (Police) b. The applicant shall install 12’ pedestrian scale lighting along pathway and lake pedestrian paths. (Police) c. Sights lines should have a 12’ clear distance space at entry points, curves, mergers, intersections, etc.. . (Police) d. Install signage to promote enhanced safety and awareness. (Police) e. Illuminated directories shall be placed at the ingress points. (Police) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 f. Benches in park area intended for nighttime use shall have adequate lighting in the area they are located. Benches should also be in open view to eliminate concealment areas. (Police) 39. Bicycle Racks: a. Shall be installed near building entrances or in close proximity to buildings. (Police) b. Provide convenient access to bicycle parking and security. (Police) 40. Prior to issuance of the first building permit, the applicant shall prepare a construction site security and management plan for approval by the City’s Police Department CPTED Official. (Police) a. The developer/project manager after site clearing and placement of construction trailers shall institute security measures to reduce or eliminate opportunities for theft. The management plan shall include, but not be limited to, temporary lighting, security personnel, vehicle barriers, construction/visitor pass, reduce/minimize entry/exit points, encourage sub contractors to secure machinery, tools at end of work day, fencing with screening and/or any other measure deemed appropriate to provide a safe and secure working environment. (Police) b. The security management plan shall be maintained throughout the construction phase of the project. Non-compliance with the approved plan shall result in a stop-work order for the entire planned unit development. (Police) Miscellaneous. 41. Required digital files of the approved replat shall be submitted and Zoning Division prior to the issuance of the first certificate of to the Planning occupancy, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) SECTION 5. Said property shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. Sheets SP-1 through SP-4: Site Plan, prepared by Gentile, Holloway, O’Mahoney & Associates, Inc., last revised on October 11, 2006 (as noted on the cover page). 9 Date Prepared: December 14, 2006 Resolution 4, 2007 Date Prepared: December 14, 2006 Resolution 4, 2007 1 2 3 on the cover page). 4 5 3. Sheet AI .O through A5.1: Architectural Floor Plans and Elevations, 6 prepared by Oliver, Glidden, Spina, & Partners, dated February 2, 2006, 7 2006. 8 9 10 11 12 13 14 15 16 2. Sheets LP-1 through LP-4: Landscape Plan, prepared by Gentile, Holloway, O'Mahoney & Associates, Inc., last revised on October 11, 2006 (as noted SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant's agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 10 Date Prepared: December 14, 2006 Resolution 4, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2007. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR BARNETT --- COUNCILMEMBER JABLlN --- C 0 U N C I L M E M B E R LEVY COUNCILMEMBERVALECHE --- --- G:\attorney-share\RESOLUTIONS\Iatitudes in the gardens - reso 4 2007.doc 11 .. I P FKONT ELEVATION 1 JAN 24 2007 PLANNING ll ZONING DIV I I IF 18.5 WEN ABUTTING WALK City of Palm 13eacL W F: e B ii e A TREES a PALMS SHRUBS 6 GROUNDCOVERS c I m v) r X n I 4 I U .- --r c J IO I I' @' 4 I Y OLlVER-GLWDEN * SPINA & PARTNERS ARCHITBCTURB . INTBRIOR DBSION. INC I'HONE 161 0846841 . FAX 361 684:890 . E-MAIL Irr~~e,v.,.llllon.wlll drown by: JNBW 11101 FORUM WAY. SUITE100 . WEST PALM BEACH. FLORIDA 33401 FL u-c I~lmo101"om0111 A",,,.,,, r_ D,,." lALlll, . E.lll.ll 1m. 1*"11111 . o.~.nml*mr;lr.mIII 1An1118 checked by: AEO z 1 -1 9 A \y \\\\ 4 I h sheet title: BUILDING ELEVATIONS file nome: par31 04-fpdwg m c r 6 P rn s 8 Z cn project no: 05086 02/27/06 41 ZE~%: PARCEL 31 .O4 revisions: A 1omm6 wvB PHONE SGI 681 6841 . FA - x < V I- * 3: rn drawn by: JNBW checked by: AEO (P Atu18106 P # 5 B B p 3 1401 FORUM WAY. SUI PALM BEACH GARDENS, FLORIDA A",,*",LDII... 1-11, . j;eg:s c + E E E .i EN - SPINA & PARTNERS INTERIOR DESION. INC CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 2,2007 Meeting Date: February 1,2007 Resolution 8.2007 Subiect/Acrenda Item: Resolution 8,2007 -Waiver for Cobb Movie Theatre Tenant Wall Sign Consideration of Approval: A request from Cotleur & Hearing, Inc., agent for Cobb Movie Theatres, for approval of a waiver to allow an increase in the copy area of the existing sign located on the west elevation of Building A at Downtown at the Gardens. The site is located at the southeast corner of Alternate AIA and Gardens Parkway within the Regional Center Development of Regional Impact (DRI). [ X ] Recommendation to APPROVE Modification to Previously-Approved Waiver Originating Dept.: Reviewed by: Planning & Zoning Director: m City Attorney: Christine * P. Tat De opment Compliance: A 99 LJ Bahareh K. Wolfs, AlCP Growth Management Administrator: Kara Irwin, AlCP Approved By: Growth Management: Project ( Planner [ X ] Quasi-Judicial [ ] Legislative [ ] Public Hearing Advertised: Date: Paper: [ X ] Not Required ~~ Public Notice: [ X ] Not required /- [ I Yes Finance Dept.: Allan Owens Building Acc0.u n tan t : c Fees Paid: [v Yes Funding Source: [ 3 Operating [XI Other NA Budget Acct.#: NA ~ City Council Action: [ ]Approved Approved with conditions Denied Continued to: Attachments: Resolution 8, 2007 Applicant's Request Resolution 120, 2005 Resolution 212, 2003 Plans & Drawings Date Prepared: January 2,2007 Meeting Date: February I, 2007 Resolution 8,2007 EXECUTIVE SUMMARY The applicant is requesting approval of a waiver to increase the area of the Cobb Theatre sign by adding two lines of copy to the existing circular sign located on the west elevation of Building A at Downtown at the Gardens within the Regional Center DRI. At its meeting of December 12, 2006, the Planning, Zoning, and Appeals Board reviewed the subject petition and voted 4 to 3 in favor of the petition as recommended by staff. BACKGROUND On June 5, 2003, the City Council approved the site plan for Downtown at the Gardens through the adoption of Resolution 91, 2003, which included the construction of a 67,690 square-foot cinema with 3,220 seats. On December 18,2003, the City Council approved Resolution 21 2,2003, which included reducing the number of theater seats from 3,220 to 3,130 and allowing a waiver to permit letter heights of 42 inches for one principal tenant sign for the theater on the west elevation of the project. On January 10,2005, an Administrative Approval was granted to reduce the total number of theatre seats from 3,130 to 3,020 and to reallocate 1,800 square feet to Buildings MI and M2. On September 29,2005, the City Council approved Resolution 120,2005, which provided, in part, for approval to amend the signage waiver to permit letter heights of 66 inches for the theater on the west elevation of the project. LAND USE AND ZONING The subject site is zoned Planned Community District (PCD) Overlay, with underlying zoning designations of Professional Office (PO) and General Commercial (CG-1 ). The future land-use designation of the site is Professional Office (PO). PROJECT DETAILS With this petition, Cobb Theatres is seeking approval of a waiver to allow a modification to the existing principal tenant sign located above the second floor line on the west elevation of Building A, which faces Highway Alternate AIA. The applicant is proposing two additional lines of copy with 36” letters, which will be located above and below the existing circular logo sign. The total copy area of the sign will be 614 square feet. Section 78-285 of the Land Development Regulations states that principal tenant wall signs cannot exceed more than 70% of the surface area to which attached, and this sign meets this requirement with only43%. In addition, the sign shall not exceed 90 square feet or 3% of the affected building faGade, whichever is less. The total area proposed for this sign will 2 Date Prepared: January 2,2007 Meeting Date: February 1,2007 Resolution 8,2007 be approximately 614 square feet, which is 524 square feet above the 90 square feet allowed by Code. Applicant’s Justification The applicant states it has been determined that the current sign does not effectively convey the theatre use to visitors and patrons to the site. The applicant states that other significant anchor tenants throughout the Regional Center DRI, such as Nordstrom’s, Macy’s, Sears, and large restaurants have signs that have been appropriately sized for the space on which they are located. Appropriate signage will ensure that major tenants are recognized and will add to the success of all the retailers in the DRI. Please see attached justification from the applicant . Siqn Materials and Colors The two additional lines of copy are proposed to be a dark blue color (SW6967 “Frank Blue”) to complement the existing bright blue circular sign. The outside returns of the sign will be a “Metallic Silver” to match the existing signage. The lighting will be internal illumination. Waiver Requested The applicant is requesting approval of the following waiver: 1. Waiver from Section 78-285, Table 24, Permanent signs, of the City’s Land Development Regulations, to allow a Principal Tenant Wall Sign to have approximately 614 square feet of copy area. Code Section Section 7%-205, Table 24, Permanent Signs, Principal Tenant Allowed Copy area limited to 90 s.f. or 3% of affected building faqade, whichever is less. Proposed Increase the copy area of the current sign to approximately 614 square feet. 524 s.f. Approval (1) (1) Staff has taken into consideration the facts that the building is located approximately 365 feet from Highway Alternate AIA and the size of the entire building faGade to which the sign will be attached. In addition, staff agrees that the additional signage will help to more readily identify the theatre to visitors to the City. Staff has no objection to the waiver request. SUMMARY OF PLANNING, ZONING, AND APPEALS BOARD MEETING At its regular meeting of December 12, 2006, the Planning, Zoning, and Appeals Board voted 4-3 to recommend approval of the proposed waiver to the City Council. 3 Date Prepared: January 2,2007 Meeting Date: February 1,2007 Resolution 8,2007 STAFF RECOMMENDATION Staff recommends approval of Resolution 8, 2006, with one waiver. JHlCase FileslDowntown at the GardenslStaff report CC.doc 4 Date Prepared: January 2,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 8,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN INCREASE IN THE COPY AREA OF THE COBB THEATRE SIGN LOCATED ON THE WEST ELEVATION OF BUILDING “A” AT DOWNTOWN AT THE GARDENS WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A WAIVER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 5, 2003, the City Council approved the site plan for Downtown at the Gardens through the adoption of Resolution 91 , 2003, which included the construction of a 67,690-square-foot cinema with 3,220 seats; and WHEREAS, on December 18, 2003, the City Council approved Resolution 21 2, 2003, which included reducing the number of theater seats from 3,220 to 3,130 and allowing a waiver to permit letter heights of 42 inches for one principal tenant sign for the theater on the west elevation of the project; and WHEREAS, on January IO, 2005, an Administrative Approval was granted to reduce the total number of theatre seats from 3,130 to 3,020 and to reallocate 1,800 square feet to Buildings MI and M2; and WHEREAS, on September 29, 2005, the City Council approved Resolution 120, 2005, which provided, in part, for approval to amend the signage waiver to permit letter heights of 66 inches for the theater on the west elevation of the project; and WHEREAS, the City has received a request from Cotleur & Hearing, Inc., agent for Cobb Movie Theatres, for approval of a waiver to allow an increase to approximately 614 square feet for the copy area of the existing sign by adding two additional lines of copy consisting of 36-inch tall letters, located on the west elevation of Building A at Downtown at the Gardens within the Regional Center Development of Regional Impact (DRI); and WHEREAS, the Growth Management Department has reviewed the application, has determined it is sufficient, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on December 12, 2006, and voted 4-3 to recommend approval to the City Council; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and Date Prepared: January 2,2007 Resolution 8, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest 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 recitals are hereby affirmed and ratified. SECTION 2. The request by Cotleur & Hearing, Inc., on behalf of Cobb Movie Theatres, is hereby approved to allow an increase in the copy area of the sign located on the west elevation of Building A at Downtown at the Gardens within the Regional Center Development of Regional Impact (DRI), as more particularly described for the following property, which is in addition to the general requirements otherwise provided by Resolution 91, 2003, Resolution 212,2003, and Resolution 120, 2005: LEGAL DESC RI PT IO N : DOWNTOWN AT THE GARDENS AND LANDMARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 101, PAGE 12, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waiver: 1. Waiver from Section 78-285, Table 24, Permanent signs, of the City’s Land Development Regulations, to allow a Principal Tenant Wall Sign to have approximately 614 square feet of copy area. SECTION 4. The signage shall be in compliance with the following documents and plans, as amended herein and on file with the City’s Growth Management Department: 1. Building A Principal Tenant ID Sign Exhibit, Sheet 1 of 1, by Cotleur & Hearing, Inc., dated November 7, 2006, and received by the City on December 1,2006. 2. Signage and Colors Sheet N1.l, Exterior Signage @ Street (Alt. AIA), by David W. Breedlove, Architect, dated February IO, 2005, and received by the City January IO, 2007. 3. Design Proposal by Ferrin Signs, received by the City December 1 , 2006. SECTION 5. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. 2 Date Prepared: January 2,2007 Resolution 8, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 6. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ,2007 CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Joseph R. Russo, Mayor BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT -- AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\cobb theater - reso 8 2007.doc 3 \/ R SIGNAGE Q STREET (AI 1 AlA) &ACELlf CHANNEL LET'TERS SCALE: 3/16" = I' FABRICATE & INSTALL ONE (1 ) SET OF FACELIT CHANNEL LETTERS, LElTER RETURNS TO BE OF ALUMINUM CONSTRUCTION, PRIME COAT 8( FINISH BRUSHED ALUMINUM. LETTERS FACES TO BE OF WI-IITE PLEXIGLAS W/ BRUSHED ALUMINUM COLOR PAINTED TRIMCAR LETTERS TO BE ILLUMINATED W/ WHITE NEON TUBING. PREMIUM 3-M VINYL OVERLAY 3630-1 47 EUROPEAN BLUE, LEl7ERS TO HAVE DESIGN PROPOSAL 5"""'"'a" ..11(.-ll.:lYD.Y-~-,.~~ f NOE. 5;IGNS TO WITH5T;4ML 50 I55 PER $32 FI / DESIGN BASED UPON 14.6 ic GUST DE51GN VJNi? SPEEG EXPOSURE C. FIRM: COBB THERATERS LOCATION: PALM BEACH GARDENS, FL. DESIGN #cKl6042 DATE: 5/18/06 SALES: JIM C. DESIGNER B. ROMAINE SCALE AS NOTED DISIC MAlN C-DWE/DRAW 5 REVISIONS: AXE 7-98 REQUIREA YY.-"^.FI---Y-.-."~====-= THIS DRAWING WAS CREATED TO ASSIST YOU IN VISUALIZING OUR PROPOSAL. THE ORIGINAL IDEAS HER THIS DRAWING CAN ONLY BE OBTAINED THRU A WRITTEN AGREEMENT WITH FERRIN. SEE YOUR SAI.ES RI Cotleur & Hearing Thursday, November 09,2006 Talal Benothman, Principal Planner City of Palm Beach Gardens Growth Management Department 10500 North Military Trail, Palm Beach Gardens, FL 3341 0 Re: Downtown at the Gardens Site Plan Amendment Petition - Additional Information : Si g nag e cwo-I 003 Dear Talal: Please find attached the additional information associated with our waiver request to City Council for two rows of additional lettering on the Cobb Theatre sign, located on the west elevation of the Theatre building located within Downtown at the Gardens as approved by Resolution 91-2003 and as amended thereafter by way of Resolution 120-2005. The overall sign face area is a total of 613 square feet with the addition of the two lines of text which read: Downtown" and "16 Cinemas" around the existing Cobb logo sign currently on the building. The overall signage area represents a 4% coverage of the building fapde on which it is measured against. Due to the increased size over and above the maximum sign area permitted the petitioner is requesting a waiver to allow for better identification of the theatre use, which is not clearly perceived by the existing Cobb logo sign. The attached graphic identifies the new signage area and the Tfieatre Bay on which it has been measured against. The full justification for this request has been provided within the Adiminstrative Amendment #I 3 packets already submitted to Staff on Wednesday November 01,2006. It is imperative that this significant anchor tenant be afforded the same consideration that has been provided to other regional magnet retail facilities that have oversized signage within the Regional Center, DRI, some of which include Nordstrom's, Sears and Macy's. This anchor tenant understands the significance of sufficient identification in order to ensure the success of not only it's operations within Downtown at the Gardens but other tenants in the development and within the Regional Center as a whole. Your careful consideration in this matter is greatly appreciated. 1 Sincerely, BC:nt Enclosure: Sign area calculation exhibit 0 cc: Rob Jacoby/Jarnes MahrerlDon Hearing Cotleur & Hearing Downtown at the Gardens Miscellaneous Petition MacArthur Regional Center Development of Regional Impact Parcels 27.12 and 27.14 (Entertainment Parcel) Introduction Cobb Theatres, is seeking approval for a Miscellaneous Petition request for the Downtown at the Gardens Site Plan for a proposed modification located in the Regional Center, Development of Regional Impact (DRI), first approved by City Council on June 5, 2003 by way of Resolution 91-2003. The proposed change includes a revision to the Cobb Movie Theatre tenant sign. The Applicant is requesting this item be expedited through the process for final consideration by Staff, the Planning, Zoning and Appeals Board, and City Commission. Specific Requests and Fees Miscellaneous Petition (Base Fee) $1,500.00 Total Fees $1.500.00 Modification to the Approved Plan The proposed change to the approved plan include the following: 1. Request a signage waiver for the Principal Tenant 1.d. signage size located at the Cobb Theater above the first floor. Downtown at the Gardens Misc. Pet. -Waiver Requests/ Modifications Created on 12/20/2006 3:47:00 PM J ustif ica t ion The Applicant is requesting an additional signage waiver from the requirements of Section 78.285 Permitted Signs for the purpose of the addition of separate texvlettering to the existing approved sign on the Cobb Theatre Building. Condition #11 of Resolution 120-2005 allows for “a waiver from Section 78-285 of the City’s Land Development Regulations to permit letter heights of 66 inches for one principal tenant sign for the theater on the west elevation of the project.” The sign that was created is the Cobb logo that adheres to the lettering size requirements. However it has been determined that the sign does not effectively convey the theatre use to visitors and patrons to the site. The Applicant is proposing to introduce two lines of text that identify the theatre use and incorporate the existing logo sign in between the two rows of text. The two lines of copy shall be comprised of 36 inch tall letters for an overall height of 72 inches. The total area to be incorporated by the two lines of text and the existing logo shall be approximately 614 sf square feet which represents approximately 4.4% of the overall building faGade of the theatre building and approximately 11% of the sign face area to which it is attached. Both percentages comply with the sign area criteria regulations of the City’s signage LDRs. The 36 inch letter height for building identification/primary tenant is allowed under Section 78.285, Table 24 by-right. Additionally, other significant anchor tenants throughout the Regional Center DRI have signage that has been appropriately sized for the space on which it is located, (i.e. Nordstrom’s Department Store and Macy’s Department Store, Sears and the large restaurarnt tenants to mention a few examples). The success of the theatre translates to the success of not just Downtown at the Gardens but to the Regional Center and the PGA Corridor as a whole. Appropriate signage will ensure these major tenants are recognized and add to the success of all the retailers in the DRI and throughout the corridor. Cobb Theatres (the anchor tenant with extensive entertainmenthetailing experience) are requesting this signage modification as they recognize the deficiency with the existing sign and understand the relationship between adequate signage and successful recognition of their entertainment use for residents and visitors to the project. PERMITTED SIGNS Section 78- Maximum letter size Propose increased Proposed deviation of 6 inches for 285 for principal structure letter sizes from 66” the single main building i.d. sign. for one (1) Bldg. 1.d. sign to 72” maximum lines of text at 36” high each. /principal tenant. approved by waiver #I 1 of Reso. 212- letter size. Two 2003 I “I I. A waiver from Section 78-285 of the City’s Land Development Regulations to permit letter heights of 4% 72 inches overall heiaht for one (I) principal tenant sign for the theater on the west elevation of the project, and 42 inches for two (2) principal tenant signs on the bridge connecting to the theatre building. ” Cotleur Hearing 1934 Commerce Lane, Wte 1 Juprter, Floflda 33458 561 7476336 Fax747 1377 2 12 20 06 Narrative.docC:\Documents and Setttngs\jholloman\Local Setttngs\Temporary lntemet Files\OLK28\12 20 06 Narrattve.doc Downtown at the Gardens Misc. Pet. -Waiver Requests/ Modifications Created on 1212012006 3:47:00 PM Project Team PROPERTY OWNER DOWNTOWN AT THE GARDENS ASSOCIATES, LTD. 3501 PGA BLVD., SUITE 201 PALM BEACH GARDENS, FLORIDA 3341 0 CONTACT: ROBERT JACOBY, COO PHONE: 561-282-5000 AUTHORIZED AGENT COTLEUR & HEARING 1934 COMMERCE LANE, SUITE 1 JUPITER, FLORIDA 33458 CONTACT: DONALDSON HEARING PHONE: 561-747-6336 DESIGN ARCHITECT OLIVER GLIDDEN PARTNERS 1401 FORUM WAY, SUITE 100 WEST PALM BEACH, FLORIDA 33401 CONTACT: JOHN GLIDDEN, AIA PHONE:561-684-6841 ARCHITECT OF RECORD JPRA ARCHITECTS 31000 NORTHWESTERN HIGHWAY SUITE 100 FARMINGTON HILLS, MI 48334-2585 PHONE 561-968-0080 CONTACT: ROB STACHERSKI Cotleur Heating 1934 Commerce Lane, Sulte 1 Juptler, Fkdda 33458 561 747 6336 Fax 747 1377 3 APPLICANT COB6 THEATRE 2100A SOUTHBRIDGE PARKWAY, SUITE 640 BIRMINGHAM, AL 35209 CONTACT: FREDRICK DOBBS PHONE:205-802-7766 CIVIL ENGINEER M.B. SCHORAH AND ASSOCIATES 1850 FOREST HILL BOULEVARD, SUITE 206 WEST PALM BEACH, FLORIDA 33406 CONTACT: MIKE SCHORAH, PE PHONE 561-968-0080 PLANNERS / LANDSCAPE ARCHITECT COTLEUR & HEARING 1934 COMMERCE LANE, SUITE 1 JUPITER, FLORIDA 33458 CONTACT: TONY GRIMALDI, ASLA PHONE: 561-747-6336 SURVEYOR LANDMARK SURVEYING 1850 FOREST HILL BOULEVARD, SUITE 206 WEST PALM BEACH, FLORIDA 33406 CONTACT: CRAIG PUSEY, PSM PHONE 561 -968-0080 12 20 06 Narrative docC'\Documents and Settl~gS\Jhollo~n\LO~l Settings\Temporary internet Flles\OLK28\12 20 06 Narrative.doc Downtown at the Gardens Misc. Pet. - Waiver Requests/ Modifications Created on 12/20/2006 3:47:00 PM Conclusion The requested modification to the approved plan is consistent with the Regional Center DRI Development Order, the City Land Development Regulations and the Comprehensive Plan of Palm Beach Gardens. The proposed change is consistent with the surrounding uses both interior and exterior to the site. No overall increase in square footage or entitlements will occur as a result of the signage changes associated with this development. Development of the site as proposed by this application will maintain the compact urban city center that is consistent with the desired development of this parcel by the City of Palm Beach Gardens. The Applicant is looking forward to working closely with Staff throughout the review process for this Miscellaneous Petition for the Downtown at the Gardens Development. Cotleur Hearing 1934 Commerce Lane, Sulte 1 Jupmer, FW 33458 561 747 6336 Fax 747 1377 4 12 20 06 Narralive.docC.\Documnts and Sethngs)holloman\LocaI Settings\Temporary Internet F!les\OLK28\12 20 06 Nanative.doc Date Prepared: September 6,2005 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 120,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS LOCATED WITHIN THE REGIONAL CENTER DRIIPCD, AS DESCRIBED MORE PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS OF APPROVAL; TO DEFER SOME ELEMENTS OF THE LAKE IMPROVEMENT PLAN, REMOVING THE CHILDREN’S GARDEN; MODIFYING THE HARDSCAPE AND LANDSCAPE TO COINCIDE WITH THE NEWLY-APPROVED ARCHITECTURAL THEME; REMOVING THE VIDEO WALL SIGN; ADDING A RIGHT-OUT EXIT POINT ONTO GARDENS PARKWAY; ADDING UNUSED REMAINING DRI ENTITLEMENTS OF 1,032 SQUARE FEET OF OFFICE SPACE TO THE SUBJECT SITE; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City received petition SP-05-05 from Cotleur Hearing, agent for Menin Development, for an amendment to the site plan approval for the Downtown at the Gardens project on the approximately 35-acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by deferring the installation of the bridge and raised stage to November 10, 2006; removing the children’s garden; modifying the hardscape and landscape to coincide with the newly-approved architectural theme; removing the approved video wall sign; adding a right- out exit point onto Gardens Parkway from the second garage floor to be approved administratively by staff; adding unused remaining DRI entitlements of 1,032 square feet of office space to the project; and to include a request for five (5) additional waivers; and WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay with an underlying zoning of Commercial and Office; and WHEREAS, the subject site is part of the Regional Center DRI approved by Resolution 9, 1984, as amended most recently by Resolution 105, 2004; and WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, Zoning, and Appeals Board on August 23, 2005, which recommended its approval by a vote of 4-3; and 48 ! 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Date Prepared: September 6, 2005 Resolution 120,2005 WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens' review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest 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 Site Plan Amendment petition of Cotleur Hearing, agent for Menin Development, is hereby APPROVED for the Downtown at the Gardens project on the approximately 35-acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by deferring the installation of the bridge and raised stage to November IO, 2006; removing the children's garden; modifying the hardscape and landscape to coincide with the newly- approved architectural theme; removing the approved video wall sign; adding a right-out exit point onto Gardens Parkway to be approved administratively by staff; and adding unused remaining DRI entitlements of 1,032 square feet of office space to the project, all as subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: 26 27 ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12,27.14 AND LAKE VICTORIA 28 GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, 29 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 30 31 Land-Use: 32 33 34 35 36 (Planning & Zoning) 37 38 2. Discount department stores as defined by the City's Land Development 39 Regulations shall be prohibited on the subject site, unless approved by the City 40 Council, per Exhibit C of Resolution 81, 2001 of the Development Order of the 41 Regional Center DRI. (Planning & Zoning) 42 3. Freestanding fast food restaurants and freestanding pharmacies/ drugstores 43 shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development 44 Order of the Regional Center DRI. (Planning & Zoning) 45 A building permit for the multi-screen theater, no less than 55,000 square feet and no less than 2,600 seats, shall be included within the first 100,000 square feet to be built by the Applicant. No more than one building permit shall be 'I. Retail use other than quality or specialty restaurant use shall be a part of a multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. 4. 2 Date Prepared: September 6,2005 Resolution 120,2005 issued for the entire project prior to issuance of a building permit for said theater. Said theater shall be diligently constructed, without owner delay, until completion, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning, Building) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 5. 67 Prior to the issuance of the first Certificate of Occupancy, the Applicant shall comply with Section 78-262 of the City Code dealing with Art in Public Places. The Applicant shall provide art on site or make a payment in lieu of art. The Art in Public Places Committee shall review and make a recommendation to the City Council on any proposed art on site. (Planning & Zoning) - 67. The applicant of the subject development shall have the sole responsibility of ef- ' on the Lake Area Site Plan, dated September 9, 2005, and prepared bv Cotleur Hearina. attached hereto. Prior to the issuance of the first Certificate of Occupancy, tbe that portion of the lake improvement plan adiacent to Downtown at the Gardens development and for which said development is responsible, as shown on the Lake Area Site Plan, shall be fully completed, and all elements of said portion of the plan shall be installed- CWR& The pedestrian bridge and the performance stage on the west side of the lake shall be completed no later than November 10, 2006, bv the owner of Downtown at the Gardens. The remaininq two areas of the lake improvement plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be completed no later November IO. 2006, unless prior to that date the owner transfers the responsibilitv for the improvements to the respective property owners with frontaqe on Lake Victoria. In this event, the timing of the installation of the respective portions of the plan shall be specified in the development orders or amendments thereto for the respective two properties. Anv maior modification to any element of the lake improvement plan must be amroved bv the City Council. (Planning & Zoning) implementing and installing the lake improvement plan as reflected - ' II ,I - 78. Prior to the issuance of the first Certificate of Occupancy, the Applicant of the subject development shall obtain and provide the City with an agreement between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the cost sharing for the implementation and installation of the lake plan. (Planning & Zoning) - 8Q. The Property Owners Association of the DRI shall be responsible for the maintenance of all the park improvements and all elements of the lake plan. (Planning & Zoning) 3 0 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 P 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 6,2005 Resolution 120,2005 $U3. Uses shall be limited to the list attached hereto as Exhibit “E.” The Applicant must receive approval by the City Council for any use that is indicated as a conditional use, prior to the issuance of a building permit for those tenant improvements. (Planning & Zoning) - 10%. Within sixty (60) days of the effective date of this Resolution, the Applicant will submit an “Operating Agreement” in a form acceptable to the City Attorney between the City and the Applicant, establishing the management and use of the Lake Park, including the plaza areas located east of Victoria Gardens Drive. The Operating Agreement will define such items as allowable uses, programming of events, public access, enforcement, and maintenance and will include provisions for review and modification. The Operating Agreement must be approved by the City Council prior to the issuance of the first building permit. (Planning & Zoning, City Attorney) - 111-2. Prior to the issuance of any development permits, the Applicant shall obtain all necessary approvals and permits from NPBCID to facilitate the redevelopment of the lake tract (Park), including the necessary transfer of properties to the City of Palm Beach Gardens as contemplated by the site plan. (Planning & Zoning, City Engineer, City Attorney) - 1243. A total of seven (7) mobile site amenity / sales kiosks shall be permitted for the project. A maximum of three (3) of the seven (7) amenity / sales kiosks may be utilized within the lakefront plaza area of the project, on site only. All mobile site amenity / sales kiosks shall remain out of view from Alternate AIA at all times. (Planning & Zoning) - 1344. The Applicant shall ensure that the video sign located within the courtyard of the site is not visible from any public right-of-way, parking lots, or residential district, per Section 78-289 of the City Code. (Planning & Zoning) - 144-5. The on-street parking within the Victoria Gardens Avenue right-of-way shall be free of charge and must not be assigned to any specific tenant on site. (Planning & Zoning) - 15%. The proposed awnings shall be of solid color and striped awnings shall not be permitted within the subject site. (Planning & Zoning) - 164-7. If shopping carts are to be used on site, shopping carts corrals shall be provided by the Applicant and shall be screened from view by means of a wall and substantial landscaping. The corrals shall be constructed of solid walls and of materials compatible with the primary structures approved on site. (Planning & Zoning) - 1748. Shopping carts shall not be allowed to accumulate in any outside area, and shall be removed from cart corrals in a timely manner and relocated to storage areas inside building structures. (Planning & Zoning) 4 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 49 Date Prepared: September 6,2005 Resolution 120,2005 - 184-8. Within thirty (30) days of the effective date of this Resolution and subject to Planning and Zoning staffs approval, the Applicant shall provide revised floor and site plans to the City reflecting at least two and separate public restroom areas on the first floor of the subject site. (Planning & Zoning) Enerav Conservation: - 1928. Prior to construction plan approval, potable water conservation devices shall be incorporated into project buildings, per Condition 12 of the Development Order of the Regional Center DRI. (City Engineer) - 2024. Prior to construction plan approval, energy conservation measures identified in the Application for Development Approval (ADA) shall be implemented, per Condition 24 of the Development Order of the Regional Center DRI. (City Engineer) - 2122. Prior to construction plan approval, the subject project shall comply with the energy plan established by the Property Owners Association Architectural Review Board for the Regional Center DRI, per Condition 25 of the Development Order of the Regional Center DRI. (City Engineer) - 2223. Prior to the issuance of the first certificate of occupancy, the Applicant shall demonstrate that a full line of energy-efficient appliances and equipment will be used in all buildings on site, per Condition 27 of the Development Order of the Regional Center DRI. (City Engineer) Landscaping and Environment: - 2324. Prior to the issuance of a clearing permit, the Applicant shall coordinate an on-site meeting with the City Forester to confirm that existing and proposed landscaping, as reflected on the proposed landscape plan, effectively screens all parking areas from Alternate AlA, while remaining in compliance with CPTED principles incorporating view corridors for security purposes. (City Forester) - 24%. Prior to any land alteration, all Gopher tortoises shall be relocated from the subject site to an acceptable alternate site approved by the City Forester. (City Forester) - 2526. The Applicant shall, in a cooperative effort, work together with the Police Department to implement, to the maximum extent possible, the CPTED recommendations contained in the CPTED report prepared by Paul Urschalitz and stamp dated by the City December 9, 2002. (Police Department) Enaineerina: - 262-7. Prior to the issuance of the first building permit, the Applicant shall submit a Master Pavement Marking and Signage Plan meeting the requirements of the City Engineer. (City Engineer) 5 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ib 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: September 6,2005 Resolution 120,2005 - 2728. Prior to the issuance of the first building permit, the Applicant shall provide a letter of authorization from the appropriate utility owners allowing the Applicant to pave, landscape, and place stormwater management features, buildings, etc., within their respective utility easements. (City Engineer) - 2828. Prior to the issuance of the first building permit, the Applicant shall identify handicap ramps on the plans at all applicable locations. The Applicant shall provide ramp detail(s) meeting ADA and FDOT standards and identify the curb ramp number from FDOT Index 304. (City Engineer) - 29%. The Applicant shall maintain a minimum vertical height clearance of 13’ 6” for the covered drop-off areas and the entry arches to facilitate emergency vehicle access. (Fire Department) - 3034. Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed and accepted by the City. Construction of said roadway shall commence prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without delay until complete, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center the DRI. (Planning & Zoning, City Engineer) - 3132. Prior to the issuance of the first building permit, all surface water management system elements consistent with the Unit 19 Conceptual Permit Modification issued by SFWMD shall be substantially completed in accordance with the construction-phasing plan and accepted by the City. The Applicant shall provide a phasing plan, construction plan, and supporting calculations for review and approval by the City, NPBCID, and SFWMD that certifies all phases of the surface water management system construction shall be equivalent to the Unit 19 Conceptual Permit. (City Engineer) - 3233. Prior to issuance of the first building permit, the Applicant shall submit to the City for review and approval a boundary re-plat and record said plat in the public records of Palm Beach County. (City Engineer) 3334. The Applicant shall submit, at its cost, an annual parking study to determine actual parking demand at the site. The observed demand will be compared to the actual supply to determine if the provided parking supply is adequate to accommodate existing demand, plus expected demand generated by the uses that have not yet been issued certificates of occupancy. This calculation will include an appropriate buffer between parking supply and demand as recommended by either the Institute of Transportation Engineers, Urban Land Institute, or other recognized published traffic engineering organizations or resources. The first annual parking study must be submitted when Certificates of Occupancy for 80% of the project’s approved square footage have been issued. The parking study will be performed on an annual basis for a period of five (5) years. Said study shall be performed by an independent professional traffic engineer mutually selected by the Applicant and City staff. The precise 6 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 6,2005 Resolution 120, 2005 methodology shall be agreed upon by both the Applicant and the City staff at the time the study is initiated. At a minimum, the study is to be performed during the peak season and during the peak operating hours on a Thursday, Friday, and Saturday (with the exception of the Christmas and Thanksgiving holidays), or as determined by the Growth Management Director. (City Engineer) 3%. Should the parking study conclude that the available on-site parking is 90% or more occupied, then the Applicant shall provide a permanent (perpetual) solution to increase parking supply for the project that can include the construction of a second parking garage as shown on the alternate site plan referenced herein and attached hereto as Exhibit “D”, or other viable alternative means as approved by City Council. When the on-site parking is determined to be 90% or more occupied, the shared parking study provided by the Applicant shall be considered null and void, and the Applicant shall construct the required parking based on the number of spaces recommended by the above-referenced parking study, or as otherwise determined by the City Council. (City Engineer) - 3536. Prior to the issuance of any Certificate of Occupancy, the Applicant shall transfer to the City any surety for completed public improvements and post additional surety as necessary to secure 110% of the cost of construction of the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard. The City shall not release any surety posted by the Applicant for public improvements and the additional surety to be paid by the Applicant after completion of said improvements for a period of five (5) years from the date the subject development receives a Certificate of Occupancy of 80% of the approved square footage for the subject site. (Planning & Zoning) - 3632. Construction of the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, or provision of additional parking spaces by a permanent (perpetual) alternative means for the project as defined in Conditions 34 and 35, shall be completed within one (1) year of the determination that the on-site parking is 90% occupied. (City Engineer) - 37%. If the second parking garage is not completed as determined by the issuance of the certificate of completion within one year of the determination that the on- site parking is 90% occupied, then no additional Certificates of Occupancy or tenant occupational licenses shall be issued until said parking garage is completed. (Planning & Zoning, City Engineer) - 3838. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall construct all of the required improvements referenced in the traffic analysis for the project prepared by Kimley-Horn & Associates, Inc., dated May 2003. (City Engineer) 49 7 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 a 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 .- 49 Date Prepared: September 6,2005 Resolution 120,2005 - 3948. The Applicant shall grant to the City a temporary construction easement 20 feet wider than the proposed footprint of the parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, complete with access to a public roadway, as reflected on the “Alternate Site Plan,” Exhibit “D,” attached hereto. Said easement shall be conveyed to the City by a separate instrument within thirty (30) days from the date the City Council approves the additional parking spaces as determined in Conditions 34 and 35 above. Police: 4044. Lighting locations shall not conflict with landscaping, including long-term tree canopy growth. (Police) - 4142. All lighting for parking lots and pedestrian walkways shall be metal halide. (Police) w. Non-glare building lighting shall be installed around perimeter on all sides and on pedestrian walkways. (Police) - 4344. All entry signage shall be lighted. (Police) - 444. The Applicant shall provide timer clock or photocell lighting for nighttime use above or near entryways and all exits, including emergency exits. (Police) - 4546. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide to the City details of the commercial numbering system for emergency response purposes in an 8 %” X 11” map format. (Police) - 4642. Numerical addresses shall be illuminated for nighttime visibility and not obstructed, have bi-directional visibility from roadways, be unobstructed, and be placed at front and rear of business. (Police) - 4748. All ATMs on site shall comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police) 4849. All structures shall be target-harden to include buildings pre-wired for an alarm system; doors equipped with a metal plate over the threshold of the locking mechanism; rear doors have 180-degree peephole viewers; and perimeter doors equipped with hinges that utilize non-removable hinge pins. (Police) 49%. The lighting design for the two (2) parking structures shall incorporate both vertical and horizontal luminance; provide lighting into the edges of parking stalls and over parked vehicles; provide vandalism resistant lighting fixtures; provide metal halide; provide lighting fixtures positioned to minimize glare; and provide lighting fixtures around the exterior of both structures. (Police) - 5054. All stairwells serving the parking garage shall have open metal handrails and steps. (Police) 8 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 i6 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 9 49 Date Prepared: September 6,2005 Resolution 120,2005 - 5152. All elevators shall be equipped with emergency two-way communication. (Police) - 52%. Elevators shall not be equipped with stop buttons. (Police) - 534%. The Applicant shall work with the Police Department to develop a high- resolution digital closed-circuit security system with recording and photo processing picture or video printout capabilities. The system shall be designed to include a minimum of twelve (12) digital cameras, with the ability to be expanded if warranted by mutual agreement between the Applicant and the Police Department. Forty-five (45) days following the opening of the theater, the Applicant will conduct an on-site meeting with the Police Department for the purpose of confirming the most effective camera locations. The system shall be installed and fully operation within four (4) months of the opening of the theater. (Police) - 5455. Prior to the issuance of first Certificate of Occupancy, convex mirrors shall be installed in all stairwell and elevator areas. (Police) 55. At the discretion of the Growth Manaqement Administrator and with the approval of the Citv Engineer. a Certificate of Occupancv for Buildina K. also referred to as “Whole Foods,” mav be issued in advance of completinq all Site and Lake Area Site Plan improvements required bv this Development Order. (Planninn & Zo ni nn) 56. Per Section 78-324 of the Citv’s Land Development Regulations, within six (6) months from the effective date of this Resolution, the Applicant shall install all landscaping associated with the center island medians and road shoulder on Alternate AIA from Gardens Boulevard to Kvoto Gardens Drive, based on the approved FDOT PGA Flvover Plans. The Applicant may be qranted a three (3) month extension by the Growth Manaqement Administrator, provided the Applicant has demonstrated prowess in the completion of the landscapinq. [Planninq & Zonina) 57. Simultaneouslv with the installation of the Alternate AI A roadwav landscapinq, the Applicant shall remove the existinq sidewalk and install the meandering sidewalk adiacent to Alternate AlA from Gardens Boulevard to the site inqress/eqress off of Alternate AIA. (Planninq & Zoninq) 58. Prior to the issuance of the first Certificate of Occupancv, the Applicant shall install all buffers alonq AlA, Gardens Boulevard, and Kyoto Gardens Drive, and the west side of the Lake Area Site Plan. (Planninq & Zoninq) 59. The Applicant shall COPY to the City all permit applications, permits, certifications, and approvals. (Citv Enqineer) 60. The construction, operation, and/or maintenance of any elements of the subiect project shall not have any neqative impacts on the existinq drainage of surroundins areas. If. at anv time during the proiect development it is determined 9 Date Prepared: September 6,2005 Resolution 120,2005 bv the City that any of the surrounding areas are experiencinq neqative drainaqe impacts caused bv the proiect, it shall be the Applicant’s responsibilitv to cure said impacts prior to additional construction activities in a period of time and a 4 manner acceptable to the Citv. (Citv Enqineer) 5 6 61. The Applicant shall complv with all Federal Environmental Protection Aqency 7 (EPA) and State of Florida Department of Environmental Protection NPDES 8 permit requirements, includinq, but not limited to, preparation of a stormwater 9 pollution prevention plan and identification of amropriate Best Management IO Practices. as qenerallv accepted bv the EPA andlor local requlatow aqencies. for 11 construction activities: submission of a Notice of Intent to €PA or its desiqnee; 12 implementation of the amoved plans; inspection. and maintenance of controls 13 during construction: and submission of a Notice of Termination. (Citv Enqineer) 14 15 16 17 18 approves the following waivers: SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. 2. 3. 4. 5. 6. 7. 8. Section 78-344(1)(1)a1 Standard Space, to allow for a 9.5-fOOt parking stall width for the two (2) parking garages 1 and all surface parkinq areas on site. Section 78-153, Maximum Building Height, to allow for a height of 45 feet for two (2) story buildings, 62 feet for the theater building, and 75 feet for the arch feature. Section 78-344(e), Wheel Stops, to allow for head-to-head parking spaces by eliminating the wheel stops. Section 78-319(a)(l), Landscape Buffer Width, to allow a zero (0) foot buffer along Victoria Gardens Drive. Section 78-320(a)(4), Foundation Planting, to allow no foundation planting by entrances and service areas. Section 78-153, Street Side Setbacks, to allow for a zero (0) foot setback adjacent to Victoria Gardens Drive. Section 78-147, Outdoor Sales, to allow for up to seven (7) kiosks on site. Section 78-285, Permitted Signs, to allow for six (6) tenant signs for Building A, one (I) tenant sign for Building I; one (I) tenant sign for Building MI; one (I) tenant sign for Building M2; and four (4) project logo signs,; one (1) additional tenant siqn on the north elevation for Buildinq K: two (2) additional sians on the bridqe between Buildinqs A and B/C (facinq north and south): three (3) additional siqns on Buildinq B/C (two (2) facinq northeast and one (1) facine south); two (2) additional siqns on Buildinq DIE (facinq north and southeast): two (2) additional 10 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 26 27 28 Date Prepared: September 6,2005 Resolution 120,2005 siqns on Buildinq G/H (facina east and south); and one (1) additional sign on Buildinq IIJ (facing north).. 9. Section 78-341, Intent, to allow for on-street parking along Victoria Gardens Drive. 10. A waiver from Section 78-285 of the City’s Land Development Regulations to permit seven (7) additional project identification signs located at four (4) different buildings within the project, as depicted in the Master Sianaae Plan. 11. A waiver from Section 78-285 of the City’s Land Development Regulations to permit letter heights of 42 =inches for one (1) principal tenant sign for the theater on the west elevation of the project: and 42 inches for two (2) principal tenant siqns on the bridae connecting to the theatre buildina. 0 12. A waiver from Section 78-315(b) of the Citv’s Land Development Reclulations to permit more than nine (9) parkina spaces between landscape islands in areas alonq Alternate A-I -A. 13. A waiver from Section 78-313(e) of the Citv’s Land Development Reaulations to permit less than 100% screeninn for service court areas from public view. 14. A waiver from Section 78-319(b)(4) of the Citv’s Land Development Reclulations to Dermit the proiect‘s landscape tvpe to be less than the required threshold of 75% of the Citv’s preferred plant list. SECTION 3. This site plan amendment approval shall be in compliance with the following plans on file with the City’s Growth Management Department: - 29 30 I. 31 32 33 2. 34 35 36 37 3. 38 39 40 4. 41 42 43 5. 44 45 6. 6 49 Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, revised lMa+&&& 2QW September 1,2005, Sheet 1. Master Plan, by Cotleur Hearing, Sheet 3 (revised September 1 2 2005), Sheet 4 (- 221 2 $%, and Sheet 5’ Lake Area Site Plan, by Cotleur Hearing, revised May 22, 2903 July 6, 2005, Sheets 6 and 6.1. Site Details, by Cotleur Hearing, revised Jafwafy 23, XNS- , September 12, 2005, Sheet 7. Hardscape Plan, Courtvard Enlargement, by Cotleur Hearing, revised XPX3 SeDtember 12, 2005, Sheets 14 and 15. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 7. 8. ,% I $ 10. 11. 12. 26 27 28 29 30 31 32 33 34 35 Date Prepared: September 6,2005 Resolution 120,2005 Second Level Floor Plan Bldas. BIC and D/E Sheets A.2.B.2. and A2.D2., Floor Plan Bldns. GIH and I13 bv JPRA Architects dated December 20, 2004. Exterior Elevations bv JPRA Architects, Sheets A.5A.1, A5.BDG.1. and A5.HIKL.1 (3 Panes) dated Februarv 11,2005. Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated &xM&XMB October 31,2004. Site Amenities, by CommArts, Inc., dated November 15,2002, Sheets 1-9. Master Sign Plan, by , . JPRA Architects, dated hlr\\rnmhnr !5, 2882 nd I , Sheets 1-34?. Master Plan, "Alt. Plan Includes West Garage, by Cotleur Hearing, revised May 22,2003. Downtown at the Gardens, Cover Sheet and site and landscape plans, by Cotleur Hearing, Sheets 1 - 15, revised €%tebw 23, 2003 September 12,2005. A Mixed Use Development Downtown at the Gardens, Perspective Views, Architectural Drawings, Building Signage Program, and East Garage, by OGS&P, Sheets Al.1, A2.1, A-3.1, A41 - A-4.4, A-5.1, A-6.1, and PG-1, dated September 29,2003. 13. Landscape Plan. bv Cotleur Hearinq, revised September 12, 2005, Sheets 8 and - 9. 14. Landscape Plan, Courtvard Enlarclements, bv Cotleur Hearinq, revised September 12,2005, Sheets 10 and 1 1. 15. Lake Area Landscape Plan, bv Cotleur Hearinq, revised September 12, 2005, Sheet 12. 16. LandscaDe Details, bv Cotleur Hearinq. revised September 12, 2005. Sheet 13. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly modified herein shall remain in full force and effect. SECTION 5. This Resolution shall become effective immediately upon adoption. 36 37 38 39 40 41 42 43 44 45 46 (The remainder of this page left intentionally blank) 12 . - . . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 8 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 Date Prepared: September 6,2005 Resolution 120,2005 PASSED AND ADOPTED this dy day of JkPrf,dM , 2005. ATTEST: CITY OF PALM BE * BY: R.Kusso, Mayor BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: P/ Chxtine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLlN COUNCILMEMBER LEVY C OU NC I L M EM B E R VALECH E COUNCILMEMBER BARNETT J --- / J / J --- --- --- --- \\Pbgsfile\Attorney\attomey_share\RESOLUTlONS\downtown at the gardens - reso 120 2005.doc 13 Date Prepared: November 3,2003 Revised: December 8,2003 01 2 RESOLUTION 212,2003 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO 6 THE SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS 7 LOCATED WITHIN THE REGIONAL CENTER DRI/PCD, AS 8 DESCRIBED MORE PARTICULARLY HEREIN, TO MODIFY 9 CERTAIN CONDITIONS OF APPROVAL; TO ALLOW FOR 10 ARCHITECTURAL MODIFICATIONS; TO DELETE PREVIOUSLY 11 UNACCOUNTED FOR 11,000 SQUARE FEET; TO REDUCE THE 12 NUMBER OF THEATER SEATS FROM 3,220 TO 3,130; TO 13 INCREASE THE REGIONAL RETAIL SQUARE FOOTAGE BY 1,473 14 SQUARE FEET; AND TO MAKE MINOR SITE PLAN 15 MODIFICATIONS; PROVIDING FOR WAIVERS; AND PROVIDING 16 AN EFFECTIVE DATE. 17 18 19 20 21 WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land Development Regulations, is authorized and empowered I to consider petitions related to zoning and land development orders; and 24 WHEREAS, the City received petition SP-03-19 from Cotleur Hearing, agent for 25 26 27 28 29 Menin Development, for an amendment to the site plan approval for the Downtown at the Gardens project on the approximately 35-acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to modify certain conditions of approval, to allow for architectural modifications, to delete previously unaccounted for 11,000 30 31 32 33 34 36 37 1 38 39 I 35 square feet, to reduce the number of theater seats from-3,220 to 3,130 seats, to increase the regional retail square footage by 1,473 square feet, to make minor site plan changes, and WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay; and WHEREAS, the Site Plan Amendment petition was reviewed by the Planning and Zoning Commission on October 28,2003, and recommended its approval by a vote of 6-0; and 40 41 WHEREAS, the City Council has considered the evidence and testimony 42 presented by the Petitioner and other interested parties and the recommendations of 43 the various City of Palm Beach Gardens' review agencies and staff; and 44 WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ' 22 Date Prepared: November 3,2003 Revised: December 8,2003 Resolution 212,2003 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The Site Plan Amendment petition of Cotleur Hearing, agent for Menin Development, is hereby APPROVED for the Downtown at the Gardens project on the approximately 35-acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to modify certain conditions of approval, to allow for architectural modifications, to delete previously unaccounted for I 1,000 square feet, to reduce the number of theater seats from 3,220 to 3,130 seats, to increase the regional retail square footage by 1,473 square feet, to make minor site plan changes, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Land-Use: I. 25 26 27 28 2. 29 30 31 32 33 3. 34 35 36 37 4. 38 39 40 41 42 43 44 45 Retail use other than quality or specialty restaurant use shall be a part of a multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning and Zoning) Discount department stores as defined by the City's Land Development Regulations shall be prohibited on the subject site, unless approved by the City Council, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning and Zoning) Freestanding fast food restaurants and freestanding pharmacies / drugstores shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning and Zoning) A building permit for the multi-screen theater, no less than 55,000 square feet and no less than 2,600 seats, shall be included within the first 100,000 square feet to be built by the applicant. No more than one building permit shall be issued for the entire project prior to issuance of a building permit for said theater. Said theater shall be diligently constructed, without owner delay, until completion, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning and Zoning and Building) 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 2 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 a 46 5. 6. 7. 8. 9. Date Prepared: November 3,2003 Revised: December 8,2003 Resolution 212, 2003 Prior to issuance of the first Certificate of Occupancy, the applicant shall comply with Section 78-262 of the City Code dealing with Art-in-Public- Places. The applicant shall provide art on site or make a payment in lieu of art. The Art-in-Public-Places Committee shall review and make a recommendation to the City Council on any proposed art on site. (Planning and Zoning) The park improvements (referred to as the lake plan) referenced herein and attached hereto as Exhibit “C” shall commence prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without delay until complete, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning and Zoning) The applicant of the subject development shall have the sole responsibility of implementing and installing the lake plan as reflected in Exhibit “C” of this Resolution. Prior to issuance of the first Certificate of Occupancy, the lake plan shall be fully completed, and all elements of said plan shall be installed, as approved by the City Council. (Planning and Zoning) Prior to issuance of the first Certificate of Occupancy, the applicant of the subject development shall obtain and provide the City with an agreement between the applicant and the owners of Parcels 27.09 and 27.13 regarding the cost sharing for the implementation and installation of the lake plan. (Planning and Zoning) The Property Owners Association of the DRI shall be responsible for the maintenance of all the park improvements and all elements of the lake plan. (Planning and Zoning) anuses shall be limited to the list attached as Exhibit “E”, attached hereto. The applicant must receive approval by the City Council for any use that is indicated as a conditional use, prior to issuance of a building permit for those tenant improvements. (Planning and Zoning) %&&Within 60 days of the effective date of this Resolution, the applicant will submit an “Operating Agreement” in a form acceptable to the City Attorney between the City and the applicant, establishing the management and use 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 I I 20 0;: 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 41 42 43 1 I 33 .46 Date Prepared: November 3,2003 Revised: December 8,2003 Resolution 212,2003 of the Lake Park, including the plaza areas located east of Victoria Gardens Drive. The Operating Agreement will define such items as allowable uses, programming of events, public access, enforcement, and maintenance and will include provisions for review and modification. The Operating Agreement must be approved by the City Council prior to the issuance of the first building permit. (Planning and Zoning, City Attorney) %'&.Prior to the issuance of any development permits, the applicant shall obtain all necessary approvals and permits from NPBCID to facilitate the redevelopment of the lake tract (Park), including the necessary transfer of properties to the City of Palm Beach Gardens as contemplated by the site plan. (Planning and Zoning, City Engineer, City Attorney) %&A total of seven mobile site amenity / sales kiosks shall be permitted for the project. A maximum of three of the seven amenity / sales kiosks may be utilized within the lakefront plaza area of the project, on site only. All mobile site amenity / sales kiosks shall remain out of view from Alternate AIA at all times. (Planning and Zoning) %wThe applicant shall ensure that the video sign located within the courtyard of the site is not visible from any public right-of-way, parking lots, or residential district, per Section .78-289 of the City Code. (Planning and Zoning ) 4&'& The on-street parking within Victoria Gardens Avenue right-of-way shall be free of charge and must not be assigned to any specific tenant on site. (Planning and Zoning) 16. The proposed awninqs shall be of solid color and striped awninqs shall not be permitted within the subiect site. (Planninq and Zoninq) 17. If shoppinq carts are to be used on site, shoppin9 carts corrals shall be provided bv the applicant and shall be screened from view by means of a wall and substantial landscapinq. The corrals shall be constructed of solid walls and of materials compatible with the primary structures approved on site. (Planninq and Zoninq) 18. Shopping carts shall not be allowed to accumulate in any outside area, and shall be removed from cart corrals in a timelv manner and relocated to storaqe areas inside buildinq structures. (Plannina and Zoninq) 19. Within 30 davs of the effective date of this Resolution and subiect to Planninq and Zoninq staffs approval, the applicant shall provide revised floor and site plans to the City reflecting at least two and separate public restroom areas on the first floor of the subiect site. (Planninq and Zonina 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0;: 25 26 27 28 29 30 Date Prepared: November 3,2003 Revised: December 8,2003 Resolution 212,2003 Enerqv Conservation: 47.20, Prior to construction plan approval, potable water conservation devices shall be incorporated into project buildings, per Condition 12 of the Development Order of the Regional Center DRI. (City Engineer) Prior to construction plan approval, energy conservation measures identified in the Application for Development Approval (ADA) shall be implemented, per Condition 24 of the Development Order of the Regional Center DRI. (City Engineer) Prior to construction plan approval, the subject project shall comply with the energy plan established by the Property Owners Association Architectural Review Board (Board) for the Regional Center DRI, per Condition 25 of the Development Order of the Regional Center DRI. (City Engineer) Prior to issuance of the first certificate of occupancy, the applicant shall demonstrate that a full line of energy-eff icient appliances and equipment will be used in all buildings on site, per Condition 27 of the Development Order of the Regional Center DRI. (City Engineer) Landscapinq and Environment: ZL& Prior to issuance of a clearing permit, the applicant shall coordinate an on-site meeting with the City Forester to confirm that existing and proposed landscaping, as reflected on the proposed landscape plan, effectively screens all parking areas from Alternate AI A, while remaining in compliance with CPTED principals incorporating view corridors for security purposes. (City Forester) 32 i 33 I 34 35 36 37 38 39 40 41 42 43 44 45 Prior to any land alteration, all Gopher tortoises shall be relocated from the subject site to an acceptable alternate site approved by the City Forester. (City Forester) %=The applicant shall, in a cooperative effort, work together with the Police Department to implement, to the maximum extent possible, the CPTED recommendations contained in the CPTED report prepared by Paul Urschalitz and stamp dated by the City December 9, 2002. (Police Department) Enqineerinq: &=Prior to the issuance of the first building permit, the applicant shall submit a Master Pavement Marking and Signage Plan meeting the requirements of the City Engineer. (City Engineer) 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 3, 2003 Revised: December 8,2003 Resolution 212,2003 2&8, Prior to issuance of the first building permit, the applicant shall provide a letter of authorization from the appropriate utility owners allowing the applicant to pave, landscape, and place stormwater management features, buildings, etc., within their respective utility easements. (City Engine e r ) &&Prior to issuance of the first building permit, the applicant shall identify handicap ramps on the plans at all applicable locations. The applicant shall provide ramp detail(s) meeting ADA and FDOT standards and identify the curb ramp number from FDOT Index 304. (City Engineer) ==The applicant shall maintain a minimum vertical height clearance of 13’ 6” for the covered drop-off areas and the entry arches to facilitate emergency vehicle access. (Fire Department) ==Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed and accepted by the City. Construction of said roadway shall commence prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without delay until complete, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center the DRI. (Planning and Zoning and City Engineer) SZPrior to issuance of the first building permit, all surface water management system elements consistent with the Unit 19 Conceptual Permit Modification issued by SFWMD shall be substantially completed in accordance with the construction-phasing plan and accepted by the City. The applicant shall provide a phasing plan, construction plan, and supporting calculations for review and approval by the City, NPBCID, and SFWMD that certifies all phases of the surface water management system construction shall be equivalent to the Unit 19 Conceptual Permit. (City Engineer) %=Prior to issuance of the first building permit, the applicant shall submit to the City for review and approval a boundary re-plat and record said plat in the public records of Palm Beach County. (City Engineer) %=The applicant shall submit, at its cost, an annual parking study to determine actual parking demand at the site. The observed demand will be compared to the actual supply to determine if the provided parking supply is adequate to accommodate existing demand plus expected demand generated by the uses that have not yet been issued certificates of occupancy. This calculation will include an appropriate buffer between parking supply and demand as recommended by either the Institute of Transportation Engineers, Urban Land Institute, or other recognized 6 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 3,2003 Revised: December 8,2003 Resolution 212,2003 published traffic engineering organizations or resources. The first annual parking study must be submitted when Certificates of Occupancy for 80% of the project’s approved square footage have been issued. The parking study will be performed on an annual basis for a period of five years. Said study shall be performed by an independent professional traffic engineer mutually selected by the applicant and City staff. The precise methodology shall be agreed upon by both the applicant and the City staff at the time that the study is initiated. At a minimum, the study is to be performed during the peak season and during the peak operating hours on a Thursday, Friday, and Saturday (with the exception of the Christmas and Thanksgiving holidays), or as determined by the Growth Management Director. (City Engineer) Should the parking study conclude that the available on-site parking is 90% or more occupied, then the applicant shall provide a permanent (perpetual) solution to increase parking supply for the project that can include the construction of a second parking garage as shown on the alternate site plan referenced herein and attached hereto as Exhibit “D”, or other viable alternative means as approved by City Council. When the on-site parking is determined to be 90% or more occupied, the shared parking study provided by the applicant shall be considered null and void, and the applicant shall construct the required parking based on the number of spaces recommended by the above-referenced parking study, or as otherwise determined by the City Council. (City Engineer) =.=Prior to issuance of any Certificate of Occupancy, the applicant shall transfer any surety for completed public improvements and post additional surety as necessary to secure 1 10% of the cost of construction of the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard. The City shall not release any surety posted by the applicant for public improvements and the additional surety to be paid by the applicant after completion of said improvements for a period of five years from the date the subject development receives a Certificate of Occupancy of 80% of the approved square footage for the subject site. (Planning and Zoning) &=Construction of the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, or provision of additional parking spaces by a permanent (perpetual) alternative means for the project as defined in Conditions #34% and 3235, shall be completed within one year of the determination that the on-site parking is 90% occupied. (City Engineer) 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0:: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 3,2003 Revised: December 8,2003 Resolution 212,2003 &&If the second parking garage is not completed as determined by the issuance of the certificate of completion within one year of the determination that the on-site parking is 90% occupied, then no additional certificates of occupancy or tenant occupational licenses shall be issued until said parking garage is completed. (Planning and Zoning, City Engineer) Prior to the issuance of the first Certificate of Occupancy, the applicant shall construct all of the required improvements referenced in the traffic analysis for the project prepared by Kimley-Horn & Associates, Inc. dated May 2003. (City Engineer) WJ The applicant shall grant to the City a temporary construction easement 20 feet wider than the proposed footprint of the parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, complete with access to a public roadway, as reflected on the “Alternate Site Plan,” Exhibit “D” attached hereto. Said easement shall be conveyed to the City by a separate instrument within 30 days from the date the City Council approves the additional parking spaces as determined in Conditions #W 34 and 34 35 above. Police: 41. Liqhtinq locations shall not conflict with landscapinq, to include lonq-term tree canopy qrowth. (Police) 42. All liqhtinq for parkinq lots and pedestrian walkwavs shall be metal halide. /Police) 43. Buildinq liqhting shall be installed around perimeter on all sides and on pedestrian walkways. Non-dare lighting shall be used. (Police) 44. All entry siqnaqe shall be lighted. (Police) 45. The applicant shall provide timer clock or photocell liclhtinq for niqhttime use above or near entrvwavs and all exits, includinq emeraencv exits. (Police) 46. Prior to issuance of the First Certificate of OccuDancv, the applicant shall provide to the Citv details of the commercial numbering svstem for emerqencv response purDoses in an 8 ,/2,’ X 11” map format. (Police) 47. Numerical address shall be illuminated for niqhttime visibilitv and not obstructed, have bi-directional visibilitv from roadways, be unobstructed, and be placed at front and near of business. (Police) 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 014 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 04, Date Prepared: November 3,2003 Revised: December 8,2003 Resolution 212,2003 48. All ATMs on site shall complv with F.S.S. 655.960-965 relatinq to ATMs. {Police) 49. All structures shall be tarqet-harden to include buildings pre-wired for an alarm svstem, doors equipped with metal plate over the threshold of the lockinq mechanism, rear doors have 180-deqree peephole viewers, and perimeter doors equipped with hinges that utilize non-removable hinqe pins. /Police) 50. The liahtinq design for the two parkina structures shall incorporate both vertical and horizontal luminance: provide liqhting into the edaes of parkinq stalls and over parked vehicles: provide vandalism resistant lighting fixtures; provide metal halide; provide liqhtinq fixtures positioned to minimize glare; and provide liahting fixtures around the exterior of both structures. (Police) 51. All stairwells serving the parkinq qarage shall have open metal handrails and steps. (Police) 52. All elevators shall be equipped with emerqencv two-way communication. {Police) 53. Elevators shall not be equipped with stop buttons. (Police) 54. The applicant shall work with the Police Department to develop a hiqh- resolution diqital closed-circuit security svstem with recordina and photo processing picture or video printout capabilities, The system shall be desiqned to include a minimum of 12 digital cameras, with the ability to be expanded if warranted bv mutual aqreement between the applicant and the Police Department. Forty-five daw followina the openinq of the theater, the applicant will conduct an on-site meetinq with the Police Department for the purpose of confirminq the most effective camera locations. The svstem shall be installed and fullv operation within four months of the openina of the theater. (Police) 55. Prior to issuance of First Certificate of Occupancy, convex mirrors shall be installed in all stairwell and elevator areas. (Police) SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. Section 78-344(1)(1)aI Standard Space, to allow for a 9.5-foot parking stall width for the two parking garages and the parking area in the south central location of the site along Kyoto Gardens Drive. 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 e la 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 2. 3. 4. 5. 6. 7. 8. 9. Date Prepared: November 3,2003 Revised: December 8,2003 Resolution 212,2003 Section 78-153, Maximum Building Height, to allow for a height of 45 feet for two-story buildings, 62 feet for the theater building, and 75 feet for the arch feature. Section 78-344(e), Wheel Stops, to allow for head-to-head parking spaces by eliminating the wheel stops. Section 78-319(a)(I), Landscape Buffer Width, to allow a zero-foot buffer along Victoria Gardens Drive. Section 78-320(a)(4), Foundation Planting, to allow no foundation planting by entrances and service areas. Section 78-153, Street Side Setbacks, to allow for a zero-foot setback adjacent to Victoria Gardens Drive. Section 78-147, Outdoor Sales, to allow for up to seven kiosks on site. Section 78-285, Permitted Signs, to allow for six tenant signs for Building A, one tenant sign for Building 1, one tenant sign for Building MI, one tenant sign for Building M2, and four project logo signs. Section 78-341 , Intent, to allow for on-street parking along Victoria Gardens Drive. 10. A waiver from Section 78-285 of the Citv’s Land Development Requlations to permit seven additional proiect identification siqns located at four different buildinqs within the proiect. A waiver from Section 78-285 of the Citv’s Land Development Regulations to permit letter heights of 42 inches for one principal tenant siqn for the theater on the west elevation of the proiect. SECTION 3. This site plan amendment approval shall be in compliance with the following plans on file with the City’s Growth Management Department: I. Downtown at The Gardens, Site Plan Data, by Cotleur Hearing, revised March 10,2003, Sheet 1. 2. Master Plan, by Cotleur Hearing, Sheet 3 (revised May 22, 2003), Sheet 4 (revised April 14, 2003), and Sheet 5 (revised May 22, 2003). 3. Lake Area Site Plan, by Cotleur Hearing, revised May 22, 2003, Sheet 6. 4. Site Details, by Cotleur Hearing, revised January 28, 2003, Sheet 7. a 10 3 4 5 16 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 3,2003 Revised: December 8,2003 Resolution 212,2003 575 &L Hardscape Plan, by Cotleur Hearing, revised April 14, 2003, Sheets 14 and 15. lST Floor Plan, 2ND Floor Plan, Floor Plans, Exterior Elevations, MISC. Exterior Details, lst Floor Plan, East Parking Garage, West Parking Garage, by OG&P, Sheets A-1.1 - A-6.1, and PG-1 and PG-2, revised November 15,2002 (A-I .I - A-6.1) and March 10,2003 (PG-1 and PG-2). &L Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated April 10, 2003. &&. Site Amenities, by ComrnArts, Inc., dated November 15, 2002, Sheets 1-9. a&. Master Sign Plan, by CommArts, Inc., dated November 15, 2002, Sheets 1-17. %=Master Plan, “Alt. Plan Includes West Garage, by Cotleur Hearing, revised May 22,2003. 11. Downtown at the Gardens, Cover Sheet and site and landscape plans, bv Cotleur Hearinq, Sheets 1 - 15, revised October 23. 2003. 12. A Mixed Use Development Downtown at the Gardens, Perspective Views, Architectural Drawinqs. Buildinq Siqnaqe Proqram, and East Garaqe, by OGS&P, Sheets Al.l. A2.1. A-3.1. A-4.1 - A-4.4. A-5.1. A-6.1, and PG-1, dated September 29, 2003. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly modified herein shall remain in full force and effect. SECTION 5. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 11 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 1k 17 18 19 20 21 0 ii 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 3,2003 Revised: December 8,2003 Resolution 212,2003 PASSED AND ADOPTED this '/g5 day of D&&yfl& ,2003. ATTEST: ,-. CITY OF PALM BEACH GARDENS, FLORIDA BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT --- \\pbgsfile\Attorney\attorney-share\RESOLUTlONS\-reso 21 2 2003 - downtown at the gardens-revised per menin.doc 12 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 5,2007 Meeting Date: February 1,2007 Ordinance 23,2006 Petition: LDR-05-08 Su bj ectl Agen da I tem: Ordinance 23,2006: Code Amendment for Development Name and Address Standards A City-initiated amendment to the City’s Code of Ordinances by amending Chapter 78, “Land Development,” as it relates to addresses, subdivision names, street names, and the Addressing Committee. 1x1 Recommendatiod to APPROVE I I Recommendation to DENY Reviewed by: I Christine P. Tat City Attoniey Finance NIA Administrator Kara Irwin, AICP Approved By: ./ City Manager Ronald M.‘Fer IS J Originating Dept.: Growth Management: Project Manager GIS Manager [ ] Quasi - Judicial [XI Legislative [XI Public Hearing Advertised: Date: January 17, 2007 Paper: Palm Beach Post [XI Required [ J Not Required Affected Parties: [ J Notified [XI Not Required FINANCE: NIA Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Other& Budget Acct.#: NIA CC Action: [ ]Approved [ ] App. wi conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. wl conds. [ ] Rec. Denial [ ] Continued to: Attach men t s : Palm Beach Post Ad LDR Section 78-275 Arlilressr~ LDR Section 78-483 Srr bilivis io11 Nli 111 e LDR Section 78-493 Street Nrznies Ordinance 23,2006 Date Prepared: January 5,2007 Meeting Date: February 1,2007 Ordinance 23, 2006 EXECUTIVE SUMMARY The subject petition is a City-initiated request to amend sections within Chapter 78, which is entitled Land Development. The purpose and intent of this amendment is to clarify the existing language relating to addresses, subdivision names, and street names. Staff is also proposing adding language for the establishment and responsibilities of the Addressing Committee. Staff recommends approval of Ordinance 23, 2006. BACKGROUND In July of 2000, the city added language to the Code of Ordinances providing for regulations reyarding addresses, subdivision names and street names. The language was implemented in order to provide procedures for naming and addressing new developments (commercial and residential) throughout the city. Over time, standards have evolved through input from GIS (Geographic Information Science) and Emergency Services (Police and Fire Rescue). CPTED (Crime Prevention through Environmental Design) principles, as well as Fire Rescue concerns, have been incorporated into the review and approval process for addressing. Currently, City Staff has identified a need for clarification of the process and standards for identifying names and addresses on city streets based on updated input from City Staff. Section 78-275, Code of Ordinances, entitled Addresses, is stated below: All residential and nonresidential structures shall post the building address in a location conspicuous from the adjacent public or private right-of-way. The size of residential address numbers shall not exceed six inches in height. The size of nonresidential address numbers shall not exceed 12 inches in height, or as otherwise approved by the growth management director based upon the specific height of the building to which the numbers are attached. Section 78-483, Code of Ordinances, entitled Subdivision Name, is stated below: The proposed name of a subdivision shall not duplicate, closely resemble, or phonetically closely approximate the name of any other subdivision in the city. However, when an existing subdivision is subdivided as an additional unit or section, the same name, differentiated by number or other means, may be used. Section 78-493, Code of Ordinances, entitled Street Nunies, is stated below: (a) Diiplications. Street names for a subdivision which will duplicate or be confused with the names of existing streets in the city shall not be used. Street names which will duplicate or be confused with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. (b) E.utet1sion.s. New streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets, (c) Approvczl. All street names, street numbers, and address numbers shall be approved by the city and post office prior to recording the final plat. 2 Date Prepared: January 5.2007 Meeting Date: Fehruar) I, 2007 Ordinance 23,2006 (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. PROPOSED LANGUAGE The proposed amendments to the City’s LDRs are as follows: (Deletions are fkttdc, new language is underlined) Section 78-28. Addressing Committee (a) Establishment. There is hereby established the addressing committee, to consist of a representative from the growth manaaement department, specifically the GIS planner, the police department and the fire department, and the growth management administrator. The growth management administrator shall serve as chair of the committee. (b) The committee shall have the following responsibilities: (1 ) Review and approve address plans, street names, and subdivision names for developments; (2) Ensure that approved address plans are consistent with the requirements of the city’s comprehensive plan and land development regulations; (3) Provide specific comments regarding consistency of addresses, street names and subdivisions with the requirements detailed in the city’s addressing guidelines; and (4) Provide specific recommendations for changes if an addressing plan is not consistent with applicable requirements ***** Section 78-275. Addresses All residential and nonresidential structures shall post the building address in a location em+mets viewable and unobstructed from the adjacent public or private right-of-way. The size of residential address numbers shall not exceed six inches in height. The size of non residential address numbers shall not exceed 12 inches in height, or as otherwise approved by the &-I=K&w addressinn committee or the master signage program based upon specific height of the building to which the number2 and letters are attached. ***** Section 78-483, Subdivision Name. . .. @ Dziplicatiorz. 7 of ?7 C!G- Every subdivision shall be given a name by which it shall be 3 Date Prepared: January 5.2007 Meeting Date: February I, 2007 Ordinance 23. 2006 legally known. For the purpose of this section, that name is the “subdivision name.” The subdivision name shall not be the same or in any way so similar to any name appearing on any recorded plat within the city or one mile of the city boundary as to confuse or mislead the public as to the identity of the subdivision, except when the subdivision is further divided as an additional unit or section by the same developer or the developer’s successors in title. (b) Approval. Subdivision names shall be approved by the addressing committee. ***** Section 78-493. Street Names (a) Duplication. Street names for a subdivision which will duplicate or be confused with the names of cxisting streets in the city shall not be used. Street names which will duplicate or be confused with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. (b) Extensions. New Streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets. Each road shall have the same name throughout its entire length, when feasible, as determined by the addressing committee. (c) Approval. All street names, street numbers, and address numbers shall be approved by the city3 addressing committee and post office prior to recording the final plat. (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. ***** SUMMARY OF PROPOSED CHANGES The changes proposed above will provide the City with stronger language as it refers to not only the addressing committee, but the whole approval process as well. The proposed changes will allow for the addressing committee to have the final approval for all addresses, subdivision and street names within the city. The following is a summary of the specific code changes: Addressing Committee Thc proposed language provides for the creation of the addressing committee. The Committee; made up of the GIS planner, a Fire Rescue representative, a Police representative, and the Growth Management Administrator, will take into account any issues or concerns with each proposal. Its purpose is to review (through approval or denial) all addressing plans, subdivision names and street names for compliance with life safety regulations and guidelines. This is a process which staff follows today but is not within the current code of ordinances. Addresses All addresses should be located in a place viewable and unobstructed from the road right of way. Residential addresses should be no larger than 6 inches; Non residential addresses shall be no larger than 12 inches in height. All address numbers shall be approved by the addressing committee or the master 4 Date Prepared: January 5.2007 Meeting Date: February 1. 2007 Ordinance 23.2006 signage program. By doing so, this would allow PZAB as well as City Council a chance to review the approval of the addresses per our code. Subdivision There shall be no duplication in subdivision name appearing on any recorded plat within the city or one mile of the city boundary. All proposed subdivision names will be reviewed based upon this addition. No current names will be changed by this addition. All proposed subdivision names must be approved by the Addressing Committee. Street Names When extending a roadway within the city, the road shall have the same name carried throughout its length. All street names shall be approved by the Addressing Committee. PLANNING ZONING AND APPEALS BOARD The PZAB reviewed the proposed amendment to the Land Development Regulations on June 27, 2006, August 22, 2006, and September 26, 2006. At the September 26"', the Board voted 7-0 to recommend approval to City Council. The Board raised valid concerns at these meetings in regards to the proposed addressing regulations and size requirements. During the PZAB's review of the proposed amendment, the following issues were raised and stars responses are in italics: 1) During the June 27"' PZAB meeting, the Board was concerned with the changes to the addresses as well as the method for updating the entire city to the new code. The board did not like the proposed address height for nonresidential buildings greater than one story (16 inches), nor did they like the fact that many residential areas would be placed in violation of code. At the Augirst 22"" meeting, stuff proposed a method for crcldressing rion-coiformities created bj) this cr~iiendnient. Within that proposal, the city would have purchased uddress nunihers and allowed residents to pick up the nunihers free of charge to satisfy the condition. Affer discussion hetweeiz the Board nrenibers, it wcis decided that staffneeded to do inore resetrrch andfind a more viable option which would srrti+fi% cill residents within the city. The BoarcI also felt that stcff would have no way to erforce code fthe tit\, lvere to purchnse nunihers for the residents. Before the Septelnher 26'" meeting, &lff decided to rcvnove the previously proposed langucige from the ordinance. After researching the different regulations ,for- addresses in relation to distance fi'oin the right of wuy, st@decicled to return to the current text and irtltl lungirage in relation to the addressing comiiittee and the muster signcige program. At the September 26'" nreeting, the Board approved the proposal 7-0. 2) During the June 27'h PZAB meeting, the Board raised concerns over the proposed section of the code relating to illuminating addresses for night time viewing. At the August 22'ld meetirig, staffproposed a tilethod for uclclressing this nori-conformity by proposing that till trtldresses he placed on a doorwciy or new an external light fixture fiicing the right of way. After tliscussiori, it wus decided that not every resident would be uhle to coniply with the proposal. Stafldecided to reriiove the previously proposed language for the cimendment. 3) During the June 27"' PZAB meeting, the board raised concerns with language modification relative to the phrase "The subdivision name shall not be the same or in any way so similar to any name appearing 5 Date Prepared: January 5.2007 Mecting Date: February 1.2007 Ordinance 23,2006 on any recorded plat within one mile of the city boundary.. .” and its application. In 01-tlet- to avoid duplication of subdivision names within a one mile radius, staff corrected the line within the proposul to rend “The subdivision name shall not he the snnie or in any way so similar to any name appearing on any recorded plat within the citji OY one niile of the city houndn ry... ” as suggested by the hoc1 rd. CITY COUNCIL The City Council reviewed and approved the proposed code amendment on first reading on January 4, 2007. STAFF RECOMMENDATION Staff recommends approval of Ordinance 23, 2006. 6 CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on February 1, 2007, at 7:OO p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: ORDINANCE 23,2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO STREET NAMES AND ADDRESSES; CREATING A NEW SECTION 78-28, OF THE CITY CODE OF ORDINANCES, ENTITLED “ADDRESSING COMMITTEE”; AMENDING SECTION 78-275, CITY CODE OF ORDINANCESy ENTITLED “ADDRESSES”; AMENDING SECTION 78- 483, CITY CODE OF ORDINANCESy ENTITLED “SUBDIVISION NAME”; AND AMENDING SECTION 78-493, CITY CODE OF ORDINANCESy ENTITLED “STREET NAMES”; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. All members of the public are invited to attend and participate in said public hearing. All documents pertaining to said Ordinance may be inspected by the public in the Growth Management Department (561 -799-4243) located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:OO a.m. - 500 p.m., except for h o I i days . 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). Patricia Snider, CMC, City Clerk Publication Date: Wednesday, January 17, 2007 Sec. 78-275. Addresses. All residential and nonresidential structures shall post the building address in a location conspicuous from the adjacent public or private right-of-way. The size of residential address numbers shall not exceed six inches in height. The size of nonresidential address numbers shall not exceed 12 inches in height, or as otherwise approved by the growth management director based upon the specific height of the building to which the numbers are attached. (Ord. No. 17-2000, 3 126, 7-20-00) Sec. 78-483. Subdivision name. The proposed name of a subdivision shall not duplicate, closely resemble, or phonetically closely approximate the name of any other subdivision in the city. However, when an existing subdivision is subdivided as an additional unit or section, the same name, differentiated by number or other means, may be used. (Ord. No. 17-2000, § 233, 7-20-00) Sec. 78-493. Street names. (a) Duplications. Street names for a subdivision which will duplicate or be confused with the names of existing streets in the city shall not be used. Street names which will duplicate or be confused with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. (b) Extensions. New streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets. (c) Approval. All street names, street numbers, and address numbers shall be approved by the city and post office prior to recording the final plat. (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. (Ord. No. 17-2000, § 243, 7-20-00) Date Prepared: October 18, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 23,2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO STREET NAMES AND ADDRESSES; CREATING A NEW ENTITLED “ADDRESSING COMMITTEE”; AMENDING “ADDRESSES”; AMENDING SECTION 78-483, CITY CODE OF ORDINANCES, ENTITLED “SUBDIVISION NAME”; AND AMENDING SECTION 78-493, CITY CODE OF ORDINANCES, ENTITLED “STREET NAMES”; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. SECTION 78-28, OF THE CITY CODE OF ORDINANCES, SECTION 78-275, CITY CODE OF ORDINANCES, ENTITLED WHEREAS, there is a need to clarify the process and standards for identifying names and addresses on City streets, and City staff has initiated amendments to the City Land Development Regulations to accomplish this purpose; and WHEREAS, on September 26, 2006, the Planning, Zoning, and Appeals Board, sitting as the duly constituted Land Development Regulations Commission for the City, conducted a public hearing and recommended approval and adoption of the amendment to the City’s Land Development Regulations; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. A new Section 78-28, Code of Ordinances, to be entitled “Addressing Committee “is hereby created to read as follows: Section 78-28. Addressing Committee. Establishment. There is herebv established the addressing committee to consist of a representative from the growth manaqement department, specificallv the GIS planner, the police department and the fire department, and the growth management administrator. The qrowth manaqement administrator shall serve as chair of the committee. D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 19, 2006 Ordinance 23,2006 la) The committee shall have the following responsibilities: 1. Review and approve address plans, street names, and subdivision names for developments. 2. Ensure that approved address plans are consistent with the requirements of the city’s comprehensive plan and land development requlations. 3. Provide specific comments reqarding consistency of addresses, street names, and subdivisions with the requirements detailed in the city’s addressing guidelines. 4. Provide specific recommendations for changes if an addressinq plan is not consistent with applicable requirements. SECTION 3. Section 78-275, Code of Ordinances, entitled “Addresses” is hereby ; new language is amended to read as follows (deleted language is u nde rl i ned ): Section 78-275. Addresses. All residential and nonresidential structures shall post the building address in a location emspkws viewable and unobstructed from the adjacent public or private right- of-way. The size of residential address numbers shall not exceed six inches in height. The size of nonresidential address numbers shall not exceed 12 inches in height, or as otherwise approved by the 4 addressing committee or the master signage program based upon the specific height of the building to which the numbers and letters are attached. SECTION 4. Section 78-483, Code of Ordinances, entitled “Subdivision name” is ; new language is hereby amended to read as follows (deleted language is underlined): Section 78-483. Subdivision name. b ... -- shall be qiven a name by which it shall be legally known. For the purpose of this section, that name is the “subdivision name.” The subdivision name shall not be the same or in any way so similar to any name appearing on any recorded plat within the city or one mile of the city boundarv as to confuse or mislead the public as to the identity of the subdivision, except when the subdivision is further divided as an additional unit or section by the same developer or the developer’s successors in title. 2 F Date Prepared: October 19, 2006 Ordinance 23, 2006 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (b) Approval. Subdivision names shall be approved bv the addressing committee. SECTION 5. Section 78-493, Code of Ordinances, entitled “Street names” is hereby ; new language is amended to read as follows (deleted language is underlined): Section 78-493. Street names. (a) Duplications. Street names for a subdivision which will duplicate or be confused with the names of existing streets in the city shall not be used. Street names which will duplicate or be confused with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. (b) Extensions. New streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets. Each road shall have the same name throuqhout its entire length, when feasible, as determined bv the addressing committee. (c) Approval. All street names, street numbers, and address numbers shall be approved by the city’s addressinq committee and post office prior to recording the final plat. (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. SECTION 6. Codification of this Ordinance is hereby authorized and directed. SECTION 7. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: October 19,2006 Ordinance 23,2006 PASS ED this day of , 2007, upon first reading. PASSED AND ADOPTED this day of ,2007, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST BY: Joseph R. Russo, Mayor Jody Barnett, Vice Mayor Eric Ja blin, Council mem ber David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FF IC1 E NCY BY: Christine P. Tatum, City Attorney \\Pbgsfile\Attorne)ttorney-share\ORDlNANCESktreet names changes - ord 23 2006.doc 4 ABSENT d CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 Subject/Agenda Item: Ordinance 1,2007: Amendment to Subdivision I. AIPP, Sec. 78-261; Sec. 78-262 First Reading: A City-initiated request for approval of a text amendment to Section 78-261 and Section 78-262, of Subdivision I. Art in Public Places, Code of Ordinances. This City Code amendment seeks to revise the Art in Public Places program definitions, procedures, and standards. [XI Recommendation to APPROVE [ 1 Recommendation to DENY Reviewed by: Planning and Zoning " Division Director Christine P. T City Attorney Development Compliance - N/A -- Bahareh K. Wolfs, AICP Growth Manag $$; Administrator Kara Irwin, AICP Approved By: RmqM. Fe +- City Mal ger Originating Dept.: Growth Management: Brad Wiseman Planning Manager 1 [ ] Quasi-Judicial [XI Legislative [ ] Public Hearing Advertised: [ ] Required [ X] Not Required Affected parties: [ ]Notified [XI Not Required FINANCE: City Council Action: [ ]Approved 4dministrator: [ ] App. wI conditions -N/A [ 3 Denied 411an Owens [ ] Rec. approval [ 1 Rec. app. wI conds. Building Accountant: [ ] Rec. Denial By: K. Labossiere Fees Ida Attachments : NIA [ 3 Continued to: 0 Ordinance 1, 2007 0 Subdivision I. Art in Funding Source: Public Places (Section 78-261; Section 78-262) [ ] Operating [XI Other NA Budget Acct.#: NA Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 BACKGROUND On January 19, 1989, the City Council adopted Ordinance 46, 1988, which created the Art in Public Places program, which set a 2% art fec requirement for private development with a $1,000,000.00 minimum vertical construction cost. The 2% requirement was later amended to 1% on September 23, 1993, through the adoption of Ordinance 12, 1993. The City further updated the Art in Public Places program, as a whole, through the adoption of Ordinance 19, 1991 ; Ordinance 36, 1991 ; Ordinance 9, 1998; Ordinance 12, 1999; Ordinance 14, 1999; Ordinance 17, 2000; Ordinance 1 1, 2002; and Ordinance 17,2004. The niost recent amendment in 2004 \vas not to Siibclivisioii 1. Art iii Public Pliiccs, as is the case with this petition. Ordinance 17,2004. rather, repealed the former Article 111 of Chapter 2, Code of Ordinances entitled Hoards, Coiizi?zittecs iiiid Coiiinzissioris and adopted a new Article 111, including Division 2 entitled the “Art in Public Places Advisory Board,” which stated the powers and duties of the board, as well as membership requirements. The latest amendnient to Subdivision J. Art in Public Pliices was through the adoption of Ordinance 1 I, 2002, which clearly defined that all buildings within planned unit developments and planned community districts would be assessed cumulatively towards the art in public places requirement. The current City-initiated code amendment to Subdivisioiz I. Art in Public Pliices, Sec.78-261 and Sec. 78-262, is intended to clarify and rearrange the existing language, and include new language with the purpose of providing a more cohesive and comprehensive section that can more effectively implement the Art in Public Places Program. Therefore, Sec. 78-261 and Sec. 78-262 are repealed and are rewritten as Sec. 78-261, Sec. 78-262 and Sec. 78-263. CITY CODE AMENDMENT This City Code aniendment clarifies and updates the Art in Public Places program definitions, procedures, and requirements. Section 78-26 1 is amended to state thc following: (Deletions are W, new language is underlined): .. SCC. 78-261. I&&WWW+ Art in Public Places Requirements (a) Defiriitioris. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different mean i ng . (1) Coristructioi? cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildings on a project site, but excluding site .. .. infrastructure. > 3 Date prepared: January 4,2007 Meeting Date: February 1, 2007 Ordinance 1,2007 Staff note: Tlie stricken language above is modified and is relocated to the newly created paragraph (d) Reyuirernents for Lirt or fee-in-lieu of'cir-t. (2) Deidopiizent means any capital project to construct or remodel any private or public developmcnt, except residential and/or residential components of a mixed-use developmcnt, or any portion thereof within tlie limits ofthe city, where total construction cost equals or exceeds $1,000,000.00. (3) Art, Arfwork, or Works of cirt mean all tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all fornis of the visual arts conceived in any medium, inaterial, or combination thereof, including, but not limited to, painting, sculpture, fountai tis, engraving, carving, frescos, mobiles, murals, collages, mosaics, Ins-reliefs, tapeswies, photographs, drawings, artist-designed seating, or other functional art pieces and collaborative dcsign projects between architects and/or landscape architects and artists;, together with all hard costs and soft costs such as, but not limited to, lighting, landscaping, or other aesthetic effects or enhancements integrated with the art and approved by tlie growth management administrator. The city council shall not consider for approval art objects which are mass-produced in unlimited 9 uan t i t i es . Staff note: Tlie purpose of the modifications to tlie definition of art, cwtu3oukor works of art is to clarify that art is created by an artist or artists, and is not mass-produced in unlimited quantities. These definitions provide for more original and creative works of art throughout the City, by excluding mass-produced art objects, which arc not necessarily created by an artist, and are produced and distributed in mass quantities. Also, artist designed seating is being included as one of the possible works of art, which is consistent with such works of art that have been previously approved by the City Council. In addition, costs associated with the work of art, which have been included in the art budget, are now provided in the definition for clarification purposes. 14) Artist or professioncrl crrtist nieans a practitioner in the visual arts, generally recogni/cd by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, training iii tlie arts, inconic realized through tlie sole commission ofartwork, frequent or consistelit art exhibitions. placement of artwork in public institutions or museunis, and receipt of honors and awards in the art field. Staff note: Tlie current code docs not include a definition for an artist. Therefore, this definition sets the standard, which tlie Art in Public Placcs Advisory Board and the City Council will use to determine if proposed art is creatcd by an actual artist. In addition, this definition sets forth that the applicant Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 would have to prove that the work is being created by an artist through a resume, art commissions etc. (b) Application licquirements. Thc applicant shall provide the information described below and any additional infom1,ition requested bv the grou th management department necessary to review the application pursuant to the standards of the code. (1) Application forms. The application shall be made on form provided by the growth managem en t department. (2) Artist information. Portfolio containing photographs of the artist’s existing work, exhibition and sales historv, and biography. (3) Misccllaneous plans, renderings, and details. Artist’s color renderings and/or photographs of proposed artwork; materials sample board; site plan depicting the proposed location of the artwork; landscape plan, if necessary, depictins! additional landscapiiig or modifications to existing landscaping; architectural elevations, if necessary. depicting structures associated with the artwork; lighting location plan and light fixture details; or other information requested by staff, the art in public places advisory hoard, or the city council. All submittals shall be required to provide an accurate t-cpresentation o I’ he proposed artwork. Staff note: The addition of the application requirements included above is to clarify the current submittal process. The majority of the above-referenced documents are currently submitted with the Art in Public Places applications, but are not provided in the current City Code. This language will ensure that the applicants ui II be well infomied of the submittal requirements. $13)(cJ Violntioiis. Violation ofthis chapter shall be subject to enforcement as provided in article v11. www - . Rec~rrii~enieiits for trrt or fee in lieu of wt. All new development, except city projects, whci-e total vertical construction costs ofall buildin,gs on aproiect site are equal to or grcater than $1,000.000.00 shall provide art valued in an amount of one percent of the total vertical construction costs, as provided in this section and section 78-262. All buildings within planned unit clcvelopnients and plaiined community districts shall be assessed cuniulatively towards the art in public places requirciiient, even if they are permitted separately. If the aggregate cost of the entire pro.jcct exceeds the $1,000,000.00 threshold, each phase of development shall contribute the required one percent of construction cost towards art in public places for the building project. The art fee fbr redevelopmelit of an existing building shall be calculated based on the construction costs oft he new developiiient excludiiig the assessed value ofthe existilig buildings that are replaced or rede\ cloped. 3 Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinalice 1.2007 Staff note: The newly created paragraph (d) emphasizes thc current requirement, and provides further clarification through the inclusion of the relocated language that is stricken from the Coristructioii cost definition. In addition, new language is included to address how the art fee is calculated for sites that are being rcdeveloped. (1) Reset+& Private De\,clopnient. A private developer may choose either to provide artwork 011 the project site or to contribute one percent of the total vertical construction costs to the city’s art impact fiind. The city’s art impact fund shall be interest bearin.5 with all interest to be retained by the city. Staff note: The language listed above is currently referenced in Section 78-262(a) and (c). The change in the proposed language above is meant to clarify the current code provisions for artwork that is required for private development, by combining the existing language into one sentence. The minor modification is consistent with the existing language, which allows the developer to have the option to either place art on their site, or pro\ ide money in-lieu of on-site art. a. Contribution of art. If the devcloper chooses to provide artwork, the art in public places advisory board shall review the proposed artwork and shall recommend to the city council whether to approve, deny, or approve with conditions the selection and location of the artwork according to tlie standards of this division. The artwork shall be pro\,ided as follows: Staff note: The new language ahove is intended to clarify the current code by stating clearly the purview of the Art in Public Places Advisory Board. The actions stated in the above paragraph are consistent with the current procediu-cs of the Art in Public Places Advisory Board. - 1. Deposit of funds. The developer shall subinit te-&e&y documentation to the city shou ing that a deposit was made with the developer’s attorney into an escrow account in an amount of money equal to the art fee prior to the issuance of thc first building pennit. The developer’s attorney will furnish tlie city documentation of the withdrawals for payment of art fees in accordance with the terms ofthe contract between the developer and the artist or artists, ofi the developer’s arts consultants. The developer and/or the developer’s attorney will provide the city a final written certification and accounting of the payment of art and consulting fees at the conclusion of the placement of artwork. This certification shall be provided in a manner acceptable to thc city. Staff note: The language in this paragraph is currcntly located in Section 78-262(a)( for clarification purposes. ), and is slightly modified 5 Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 - 2. Surplus balance. Any surplus balance existing in the escrow accounts after the developer has installed the required artwork shall be collected by the city. The surplus balance shall be held in a segregated, interest-bearing fund (the “art impact fund”), and shall be used for the provision of additional art work at the construction site or another site within the city. Use of such funds shall be detemiined by the city council, following a recommendation by the art in public places advisory board, and shall be in accordance with further provisions of this di\ ision. Staff note: The language in the paragraph included above is currently located in Section 78-262(a)(2), and remains unchanged \\ i th the exceptioii of the addition of (the “art impact fund”) language, which is intended to clarify thc interest-bearin: fund, and the language that a recommendation needs to be made by the Art in Public Places Ad\ isory Board before City Council takes fornial action. - 3. Artist selection. The selection and comniissions of the artists shall be by written contract between the developer and artists. Staff note: The language above rcniains unchangcd. The language is currently located in Section 78-262(a)(3). &. Art consultant. l‘he developer may utilize up toEpercent ofthe required fee to retain an art consultant to assist in the selection and procurement of required artwork; an additional 3 percent ofthe required fee shall be used to pay the city for administering the art in public places program. The art consultant shall have no financial relationship with the artist, nor any ownership in artwork purchased by the developer. The artist shall be allowed to act as the art consultant for the art petition, but shall be precluded from receiving the art consultant fee. Staff note: The language in the paragraph includcd above is currently located in Section 78-262(a)(4), and is amended in order to reduce the percentage that the developer may utilize to retain an art consultant from 15 percent to 12 percent. The three percent difference will now be allocated to administer the Art in Public Places program. In addition, in cases where the artist serves as the art consultant, it is staffs professional opinion that this may provide for a conflict of interest, and therefore, new language has been added to prevcnt tlic artist from receiving the art consultant fee. 5. Vertical construction cost overruns. Prior to the issuance of the final certificate of occupancy for a project, the developer shall submit a revised construction cost certification. If the final cost of the vertical construction for the entire pro-iect is higher than the cost figure used to calculate the preliminary art budget, the art budget M shall be increased as necessary to equal one perccnt of the actual defined total vertical construction cost for the , project. The art hiidget wt& shall be revised within 30 calendar days of any 6 Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 such changes. ‘The increase in the art budget due to the final increase of the vertical construction cost for the entire project shall be placed in the city art impact fhd, or shall be used for the provision of art on site, at the option of the developer. Staff note: The language in the paragraph included above is currently located in Section 78-262(a)(5). It is being modified to clarify that cost overruns are based on the entire project’s final vertical construction cost. In addition, the nen language specifies that increases in the art budget can either be placed in the art impact fund, or thc cle\,eloper can utilize it for the provision of art on the site. For example, if a project has an original VCI tical construction cost of$5,000,000.00, and the final vertical construction cost is $6,000,000.00. the increase in the vertical construction cost would be $1,000,000.00, therefore, 1 % of $I ,000,000.00 is $10,000. The art budget would be increased by $10,000, which shall be placed in thc art impact fund, or shall be utilized towards placement of art on site. - 6. Appraisal. 1’0 establish the value of art submitted to comply with this division, the cilv may a a&w&y&-cinpIoy an indcpendent art appraiser to provide a written appraisal of thc art submitted. Such appraisal will be paid for by the developer as part of the overall art contribution. Staff note: The language in the paragraph includcd ahove is modified. It is currently in Section 78-262(g). 2, Artwork purc-hascd pursuant to the requirements ofthis section belongs to the property ov ncr, and shall be insured and maintained in good condition at all times as detci-mined by the city’s code enforcement official. Maintenance shall include any associated landscaping or related improvements. The city has the right to maintain any art it deems improperly maintained and charge the owner the cost ol’such maintenance, including cost of collection, interest, and attorncy’s I’ces. Staff note: The language in the paragraph above riiiwiitly esists in Section 78-261(6) and Section 78-262(e)(3). The existing language is modified to s(;rte that the City’s Code Enforcement official will assure that there will be compliance with thc abo\,e-stated requirements. 8. Unless an altcrnative deadline is established in a developinent order, or a time extension is g-anted by the growth management administrator, no certificate of occupancy for the proiect shall be issued until the artwork is installed and [lie final certification and accounting of the payment of the escrow fees has bccn provided. Artwork installed in accordance with this division cannot bc altered or removed from the site without approval of the city council. qq 7 Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinaiice 1,2007 Staff note: The first sentence in the paragraph included above is intended to ensure that the art will be installed on site. It is also intended to ensitre that in the case where the applicant has drawn finds from their escrow account, their attorney would present the City with a final accounting of the withdrawals prior to the issuance of the escrow relcase letter by the City. 9. The artist of approved artwork shall grant to the City of Palm Beach Gardens an unlimited, perpetual, non-exclusive, royalty-free, irrevocable license to reproduce and distribute two-dimensional reproductions of the artwork for citv-related purposes, and grant to the city the exclusive irrevocablc OM nership rights in any trademark, service mark, or trade dress rights regardins the artwork, pursuant to a license that shall be approved by the city attornc>. City approval of the artwork shall be deemed to be a grant of the artist for authori7ation by third parties to review and reproduce documents pro\ ided by the artist to the city which are deemed to be public records pursuant to public record laws of the state. The city shall also have the option of rclkri-iiig to the name and title of the artist and artwork in reproduc t ions. Staff note: The paragraph includcd above is beiny proposed to codify the current artist release form requirement. For example, the artist release form has to be signed by artists who request to be part of the City’s postcard series that showcases the Art in Public Places program in the City. IO. Review bj, the art in public places advisory board. A. Woi~l,shop. The applicant shall appear before the art in public places aJl\.isorv board in order to receive guidance in the initial stages ~. of thc i.c\,ie\\,. In this case, the applicant shall choose between two types o I‘ review described below: i. Thc applicant may appear before the board in order to receive more detailed direction, if the applicant does not have a set direction, prior to receiving a final recommendation by ~~ the board. The applicant is strongly encouraged to submit the L9rtli)lios of up to three artists. The portfolios shall contain pliotoqraphs of the artists’ existing works, as well as the ~ii’ljsls’ biograpliics; or ii. lhc applicant may have a set direction regarding the artwork and may appear before the board for preliminary comments prior to receiving the board’s final recommendation. The applicant shall submit the portfolio of [lie proposed artist which shall contain photographs of the artist’s existing works, as well as the artist’s biography. S Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 Staff note: Tlie current code docs not contain language relative to the Art in Public Places review process. The new language inclutlcd above rcquircx tlie \vorksIiop stage of the review to be mandatory, and is intended to assist tlic applicant at the I~(’yii1iiiiig of tlie process. It is staffs professional opinion that the Art in Public Placcs standards shoiild Iw re\ iscd to streamline the process, which will result in improved public art throughout the Cit!. ?I Iicrelbre, applicants that come before the Board would be made aware of’the policies and procedures to bc adhered to. It is to be noted that some applicants may feel strongly about their choice 01’ an artist. In this case, tlie workshop review is designed so that tlie applicant can choose between two review options. Please note that the review language does not aniend tlie Art in Public Places Advisory Board’s purview in niaking a recommendation or the City Council’s as the final decision-making ciutliority on proposed art. B. Ci-itci-ia for review of artwork by the board. In making its reconiii~ciitlation to tlie city coiuicil, the board shall consider the quality o t’ Ihc artwork; the exhibition and sales history of the artist; tlie artist’s works in public collections and previous public art purcliascs or commissions; the ability of the artist to complete the proiect ithin a specified schedule; and the compliance with the standards o 1’ this division. Staff note: The paragraph above was previously tlclctcd from the Art in Public Places section of the Code of Ordinances. It is stai’l’s professional opinion that it should be added to this latest revision, in order to set review criteria that tlie Board will I’ollo\~. - C. Guidclincs. The art in public places advisory board may adopt art in public places implenientation guidelines to assist both the public and pri\ ,\le sector planning activities. Staff note: The language includcd above is currently locatcd in Section 78-261(~)(4). The Art in Public Places Advisory Board can draft implementation guidelines, which are nonbinding, but are effective in informing applicants of the preferences of the Board. The guidelines would further facilitate the review process and provide applicants a clearer understanding of the AIPP Advisory Board’s guide1 i nes. 1 1. Review bv Staff.. In making recommendations to the art in public places advisory board aiid to the city council, staff shall consider the standards of this division iii association with sound planning principles. Staff note: Tlie current code is not clear 011 tlic critcria staff applies to the proposed art during the review process. Therefore, this languayc L\lari ITcd staffs review procedures. 12. In the casc ol’rcdevelopment of a property which has contributed artwork 9 Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 on the sitc pursnmto this article, the artwork may be replaced, at the option of the de\ clopc: . \I itli new artwork pursuant to this article, or the existing artwork may rctiiain on the site. In the latter case, the value of the existing artwork and its placement must comply with this article as if it were new artwork. Staff note: The language above is being includcd to xidress tlie future issue of redevelopment. Staff is being proactive in approach by proposing laiiyiingc that will address existing art located on sites that may be redeveloped. Thc proposed langu,isc pix)\ ides the applicant with an option to either replace the existing art with nem art, or keep the c\istiiig art. Ifthe applicant keeps the existing art on-site, he or she will be required to pay the 1 ‘% fee for any new construction that results in an amount above the cost of the existing art. Therefore, the 1% requirement for vertical construction equal to or exceeding $1,000,000.00 would be maintained. b. Fce in lieu of art\\orl<. Instead of providing artwork on the project site. a developer may choosc &) contribute one percent of the total vertical construction costs as the required ai t-l’cc. If tlie contribution is made, the contribution shall be placed in the city’s art i!ijpact fund and used as provided in section 78-261(d)2. The contributor shall haw no input in the use of such funds. Staff note: The language in the paragraph stated ;ibo\ e is currently located in Section 78-262(c), and is being clarified to indicate that the constructioii cost is for vertical construction, and to identify the City’s art account as the art impact fitnd. i his liirthcr clarifies how the contribution shall be used by specifying the section of the codc to IIC .tpplicd. (2) Art Impact Fund. Whcn thc de\,eloper provides a fee in lieu of artwork pursuant to Section 78-261(d)(l)b.. tlic following shall apply to the use of the funds: Staff note: The language in the paragraph includctl above is mentioned in the existing Section 78-262(a). This new paragraph clarilles that the I’ee iii-licu of artwork provided by the developer shall follow the specified criteria listed in the section. - a. The fee shall be placed in tlie city’s art impact fund. Funds from the art impact fund may be spent anywhere in the city, and such funds may be spent on any art or art-related costs sick1 as, but not limited to, lightinv consulting, landscaping, aesthetic features oicnliancements. Art impact funds shall be expended by the city consistent witli jlic city’s procurement process. Staff note: The language listed above is currcntl! rcfcrenced in Section 78-262(c), and is clarified to include current standard procedures. The cui-rctit code does not have language that specifies how the art impact fund can be utilized. Thcreforc, the language in the paragraph listed above establishes this practice. In addition, the City’s prociii-cmcnt process relative to art establishes that purchases less Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 than $50,000 will receive a recoiiiinentlation by the Art in Public Places Advisory Places Board prior to final approval by the City Manager. Purchases over $50,000 go through a two stage qualifying request for proposal (RFP) process and will appear before the Art in Public Places Advisory Board for a recommendation prior to final appt-o\ al by the City Couiicil. - b. Artist selection.lJic city shall issue a call to artists to procure artwork. The art in piihlic places ad\ iwr\ boaid shall review submitted proposals and make a recommendation to thc city council on the selection and coinmission of artists and artwork. The selection aiid cotiiniissious of the artists and artwork shall be by written contract between the city and artists Staff note: The language listed above currently c\ists in Section 78-262(c)( l), and is clarified to include the current standard procedure. All propoyais ror artwork or artists selection will appear before the APP Board for a recoinmendation and beli,i-c the City Council for final approval. - c. Use of purchased art. All artwork purchased by the city,required art fee contribution shall be displayed on city-owned land, a city-owned building, or a city- leased or rented facility nnless otherwise approved by the city. The artwork shall be displayed in a visuallv :rcccssible location, which shall be suitable to the desi,gn ofthe site, in order for the public to receive the most enjoyment and benefit from the art. Staff note: The first sentence of the paragraph included ahove currently exists in Section 78-262(~)(2) and is amended to allow for more options where art cui be placed. The second sentence has been amended, to allow for public art to be integrated with the site design. It is staffs professional opinion that a greater degree of flexibility should lx allowed when deterniining the placement of the art. For example, a pedestrian plaza within a (IC\ elopinciit with a mix of uses may be more appropriate for public art than a portion ofthe site that docs not lend itselfto pedestrian activity. One such example is ofthe Thomas Jefl’crson sculpture, \\ hich \\as approved in the main plaza at Mirasol Town Square. The location of their piece is acccssiblc to pcdcstrians and accents the central gathering area of the development. If the art was placcd along .log Road, where the greatest number of passers-by would have been, it is staffs professional opiiiion that the public enjoyment ofthe art would not have been ti1 ax i in i zed. - d. Art consultant. Thc city may utilize -f 15 funds allocated from the art account to retain an art consultant te-ss- ’ wt+fl- . The artist shall be allowed to act as the art consultant, but shall be precluded from receiving the art consultant fee. .. Staff note: The first sentence of the paragraph iiicl~itled above currently exists in Section 78-262(~)(3), and is modified to exclude the 15% limit. I-or c\miplc the 15%) limit may pose a problem in cases where an art consultant is hii-ed on a con~iniiiny coiltract basts for projects and/oi-planning purposes without set budgets. Therelore, by elimiiiatiii~ thc 15”b limit it would be up to the City’s discretion to 11 Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 determine the appropriate art consultant l’cc in compliance with the City’s procurement process. The second sentence is added to prevent ii po~sil~le conflict of interest by eliminating the opportunity for the artist to also receive the art consullaiit fee. - e. Proper insurance co\~crage shall be maintained by the city on artwork purchased with funds generated by this article or on artwork whose ownership has been transferred to the city. The artwork owned by the city shall be maintained by the citv. Staff note: The language included above is partial i), stated in Section 78-262(e)(3) and (0. This paragraph clarifies the purpose and intention of 11icx (’it!. (’ode. Section 78-262 entitled “Fee imposed on developments.” is repealed and renamed “Standards for artwork.” Section 78-262 is amended to state thc rollo\ving (Deletions are &w&, new language is underlined): Sec. 78-262. Standards for art\\ orl,. @J Artwork shall be displavcd iil,i \sisiiallv accessible location, which shall be suitable to the design of the site, in order for the public to receive the most enjoyment and benefit from the art. Staff note: All sites are not designed identically. and therefore, it is staffs professional opinion that a greater degree of flexibility should be allo\\cci \\lien determining the placement of the art. It is staffs professional opinion that in order to iiiaxinii/e public art enjoyment, the location of the art should lend itself to the benefit of the site’s tlcsigii. For example, a central gathering area within a Mixed- Use development may be more appropriate Ibr art than a portion of the site that does not lend itself to pedestrian traffic such as adjacent to ;I iii;i.ioi. arterial. (b) Artwork shall be integrated into the overall planning and design for a structure or project, and shall be compatihlc with the intent anti purpose of the structure at which the work or works are located. Staff note: The language in this paragraph is uncli,iiigecl with the amendment. The language is currently located in Section 78-261 (c)( 5)b. (c) Artwork shall be integrated into tlic overall landscaping plan, and landscaping shall be utilized to enhance the visibility of siic.11 \\ orks. Staff note: The language in the sentence above is unchanged. The language is currently located in Section 78- 261 (c)(5)c. Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1. 2007 (d) Artwork shall be lighted at ,I iiiiiiiiiiiiiii from dusk until midnight. The 1i.qhting shall be designed and located in order to pre\ ciy cYcessive li,qhtin.q, energy waste, glare, light trespass and sky glow. Staff note: The language abovc is proposcd to he modified to address any negative effects that may be associated with tlie lighting for the art\vorks. The existing art lighting requirement is located in Section 78-26 1 (c)( 5 )d. (eJ Artwork installed pursuant to the di\ ision cannot be altered or removed fi-om the site without approval of the city council. Staff note: The language in the sentence above is 1oc;itcci in Section 78-262(e)(3) and is not being altered. (fJ Maintenance. Artwork shall I?: maintained in good conditions at all times, including any associated landscaping or related impi o\ cnicnts. Staff note: The language in the sentence above remains unchanged and is currently located in Section 78-261 (6). (& All artwork purchased by thc citv i-eqiiired art fee contribution shall be displayed on city- owned land, a city-owned building, oi. a city-lcased or rented facility. Staff note: Tlie language abovc is located in Section 7S-202(~)(2), and is unchanged with this amendment. (h) Zoning and Building consideration. Consideration shall be given to project zoning. Permits and building approval shall be obtaincd, I\ hen necessary, and shall be in compliance with the Florida Building Code, the National Electric (ktlc mci tlie previously approved plans by city council. Staff note: Tlie language above is located in Sect ion 78-20 1 (c)(2), and is being modified to specifically state that permits, which are submitted foi- construction review are consistent with the plans that were approved by the City Council, and are in compliance with tlie above-referenced applicable codes. Section 78-263 is crcatcd to state tlie l’vllo\\~ing: (Deletions are &w&, new language is underlined): Sec. 78-263. Wai\ CI- of Requiremciii , Wai\ cr. The city couiicil may naive the requirements contained in this division, utilizing the standards contained hcrein. Promotion of the general welfare of the city shall be a major factor in the waiver or reduction of fees. Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1.2007 Staff note: As the City develops. redevelopnicn~ tii<i! coiiiiiicnce in the near future. Therefore, redevelopment should not be ~:xcl~id~d from the Art iii I'iiblic Places fee requirement. Providing art on site would fhrther enhance the redeveloped project t3fm Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if any, which provide substantial iiii~mvcnient in excess of existing requirements shall be factors to be considered in tlic \\ aivcr process. t4) (c'J Criteria for waiver 01. Ibcs. Tlic city council shall consider the following when considering a request to wail c 01' reduce required fees: a. The impact of proposcd improvements on the appearance and utility of an existing structure; b. The impact of piuposccd improvements on existing and potential tenants or businesses; and c. The probability 01.1 ic O\I ncr acquiring substantial or anchor tenants to assist in relie\ ing financial pi ohlciiis. cycess vacancy rates, dilapidated appearance, and si ni i 1 ar (5j (d) Credit for expenditures. ff; (1) Monies expciidul Ibr tlic purpose of meeting niinimuin code or site plan requii-enients shall I'CCCI\ c no credit for payment of required fees. k (2) Landscaping sli;ill IJC considered a temporary improvement as compared to a permanent structural iniprovcnient in determining a monetary credit. The city council may not authorize mol-e than 50 percent credit for the cost of installing new or replacement landscaping. Unusiial cost of individual plantings or groups ofplantings, such as rare exotics, shall not be considered as the sole factor for credit. Staff note: The language above is located in Sectioti 78-X2(Ii)( 1 )(2)(3)(4) and (5), and is unchanged with this am end ni en t . 14 Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 Staff note: The provision of art on site enliances [lie appearance of the site, as well as the overall image of the City. Therefore, it is staffs professioii;il opinion that contribution towards placement of art, or the actual provision of art on site should be iquii-cd. Therefore, the language in (i) and 6) has been stricken. ART IN PUBLIC P1,ACES ADVISORY BOARD On June 22,2006, the AIPP Board re\ ien cd tlie proposed AtPP amendment. The comments made by the AIPP Board arc included bclo\\, ,ind \tal’17s responses are in italics. 1 ) The AIPP Board asked staff lo cli11.11) v, hen the art fee was changed froni 2% to 1 YO. The ciri fee 11 tis aniendcd fi-oiii 2; io 176 oii September 23, 1993, through the adoption of Ordinance 13. 1993, wliicli is seflectcd iii the “Biickgrountl” of the staff report. 2) The AIPP Board asked stafT lo inscrt additional language related to artist designed seating. St@f hm nrltliwsed this coiiiiiic’iit !]I. u(kliiig “os otlies,firnctioncil art pieces” to the works of trrt tle$iiitiori. 3) The AIPP Board asked stall’ to waluatc the language regarding mass-produced art in unlimited quantities. It is starf‘s pi-?fessio?zal opiiiioii tlirit tlie Iiiizgunge sliozilil rernniri as initially proposed. The curren I code does not coli t ci ii i pso 1V.y io r is liiii it iiig cirt that is in ass-prodnced in uti liin ited quantities. This langutige i\’ill psc,iv>iit (lie qp*owrI of nst objects that one iiiight he able to piischcise iii (I gusclen sliop. hili iI,i!l iioi liiiiit i\~oi.ks of iirt thtrt are proclziceil by ail Lirtist and rise piirt ofrr liiiiiterl eclitiori. lhi~ix~ i.v iicltlitioiicil Iliiigircrge iinclei- the works of list definition tlicit Ii~is heeri rirklecl, wliicli sttitcs t/i(it /lie icsticdi Iius to eshibit the highest qzicility of skill Lid aesthetic- psinciples. It i.y iiiipor/eiiit to riote tliiit siiialler projects, which niq~ not have lnrge hiidgets, rind the psospcct of coiiiniissioiiirig ~iii origincil work of ut may not he plriusihle, trritl i~iciy lower rlic cjricitit;. .. off lie art. lii criklitiori, there are wor*ks of urt by world t-et1 o WII et1 cr 1-1 is ts t Iici t ci I-e I, so( Ii ice( I i I I lii I I i tet I et lir io1 is, u nd therefore s tcrff feels s trongly t h ut the Iciiigircigc iii the code shoiild iiot liiiiit sirch rr possihilitji. 4 The AI PP Board asked staff‘to xltl lalipage under the Miscellaneous plans, renderings, and details paragraph, in order to ;issurc that the subnii tted plans are accurate. Stclff hm cicltli.essec1 this coiiiiiieiit tn. iiiclirclirig the .following language ut the end of the parugrlq.di: “os other ir!fosiiiiifioii sc~qriestecl b-y strrff: the art in public places hoard, or cit?; coicticii. All .! rihriiittals slitill l~ci sc~~irii-c~l to psovirle iin iicczirute representation of the art. ” 5) The AIPP Board asked stafl’ to iiisci-t additional language which clarifies that the City Council shall determine thc II\C ol‘thc art impact filnd following a recommendation by the AIPP Board. Stt!ffli(is tirktcel the proposcrt Iiiiigricyc. 15 Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1,2007 6) The AIPP Board asked staff to delinc \\ hat constitutes an art consultant. It is st@s professionnl opiiiioii t/i(rt \Iioultl 11 definition be provided, this niciy pose a problerli bj, limiting the (~pc of i.c~I~i‘c.ceiitatiori tliat may be available to the clevelopev. Fwthei-niore. stclffis unawnrc qf otlicii‘ pirhlic ut-t pi-ogi-arm that have a specific definition for (111 art c-orlslrlt(lllt. 7) The AIPP Board asked stal’l to x1(1 1;iiiguagc that states that the applicant is strongly encouraged to submit the port folios 01’ up to three artists under the second option of the workshop process, and switch the order of paragraph one and two. Stqf Iim citltlressecl the RIPI’ Bocirtl’.\ coiiiriieiits ciiicl revised the proposed niizenclr?zent accordingly. ART IN PUBLIC PI,ACES ADVISORY I3OARD ACTION On July 18,2006, the 2I-t in Public Pl,rces 4d\ iiory Board reviewed petition LDRA-06-06-000007 and recoinmended approval to the City C‘OLIIICI 1 with a 7-0 vote without modifications. PLANNING, ZONING, AND API’EAIS BOARD On December 12,2006, the PZAB Board iwicwed the proposed AIPP amendment. The comments made by the PZAB Board are included belo\\,, and staffs responses are in italics. 5 The PZAB Board requested 5taI‘I’ to clarify that “site infrastructure” is not included in calculating vel-tical construction costs Stif hiis re1~1.5 erl the propo.\ cltl Iuiigii~igc for tlie C‘onstnrction cost definition accoi-dingly. The PZAB Board requested staff to add language under the Developriient definition that further clarifies residential components of mixed use projects are exempt from the 1% art contribution reel uiremen t. Stuff litis rci’i.\c~l the proposc~i lcirigii(iy(J rrccoi-rlinglj’. The PZAB Board requested staff to add language that states the art impact fund shall be interesl bearing and all interest is retained by the City. Stuff Iim rciv.\c~l the proposctl Itriigiiirgc irticler Section 78-261 (d)( I)uccordingly. The PZAB Board requested staff to add language under Section 78-261 (d)( 1)a. 1. stating that in addition to the developer’s attorncy, the developer, rather than hidhers attoiney could provide the final written ceI-\ificatioii of the accounting of the payment of the art and consulting fccs in a manner tli,it is acceptable to the City. StLlJjrhiis reiliscd the propose(1 lrrrigiitrg~c~ wcoidingly. The PZAB Board requested staff to acid language to the maintenance requirement under Sectioii 78-20 I (d)( l)a.7. regal-cling cliarges that the property will be billed should the art not be maintained. Stqf liris trriticd the folloit III~ luiisii(ige: “iiiclirclitig cost of collection, interest, mid 16 Date prepared: January 4,2007 Meeting Date: February 1,2007 Ordinance 1, 2007 6) The PZAB Board requested staff to add language that provides the applicant with the option to request a time extension I-cgrding the installation of the artwork from the Growth Management Administrator. Stuffhm adtletl the proposed liriigririgc iiritler Sectioii 78-261 (d)(l)a. 8. accorclitigly. 7) The PZAB Board requested staff to add language that states that the City shall have the option of referring to the namc and title of the artist and artwork in reproductions. Staff hcrs adtlc)tl the proposcrl li ir igricigc’ i irirlcr- Section 78-26 I ((1) (1)~. 9. iiccordirigly. 8) The PZAB Board requested itaff to add language that states that the City shall have the option ofplacing art owned b! the Cit! on land that is not necessarilyowned or rented by the City. Stclff hirs crcltlctl the folloizsiiig ltrrig11~ig~~: “14llle.Y~ otherwise appr-oved hv the city” under- Section 78-26 I (d)(I)h. (2)c. (I( cvrtlirigli PLANNING, ZONl NG, AND AI’l’I.:AI,S I30.4RD ACTION On December 12,2006, the PZAB B(iai-tl re\ IC\\ ed Ordinance 1,2007 and recommended approval to the City Council with a 7-0 vote. STAFF RECOMMENDATION Staff recommends approval of Ordinance 1 . 2007. 17 Date Prepared: October 19,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 1,2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO ART IN PUBLIC PLACES TO CLARIFY AND UPDATE THE PROCEDURES AND GUIDELINES APPLICABLE TO THE CITY’S ART IN PUBLIC PLACES PROGRAM; REPEALING SECTION 78-261, CODE OF ORDINANCES ENTITLED “DEFINITIONS”; REPEALING SECTION 78-262, CODE OF ORDINANCES ENTITLED “FEE IMPOSED ON DEVELOPMENTS”; CREATING A NEW SECTION 78-261, CODE OF ORDINANCES TO BE ENTITLED “ART IN PUBLIC PLACES REQUIREMENTS”; CREATING A NEW SECTION 78-262, CODE OF ORDINANCES TO BE ENTITLED “STANDARDS FOR ARTWORK”; CREATING A NEW SECTION 78-263, CODE OF ORDINANCES TO BE ENTITLED “WAIVERS”; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens contains provisions for an Art in Public Places program, at Chapter 78, Division 6 “Public Places,J’ Subdivision I. “Art in Public Places”; and WHEREAS, the Art in Public Places fee requirement was established by Ordinance 46, 1988, which set a $1,000,000.00 minimum construction cost for the Art in Public Places requirement; and WHEREAS, the City updated the Art in Public Places program through the adoption of Ordinance 17, 2000 and the adoption of Ordinance 11, 2002; and WHEREAS, the City Council, through the adoption of Ordinance 17, 2004, repealed the former Article Ill of Chapter 2, Code of Ordinances entitled “Boards, Committees and Commissions” in its entirety and adopted a new Article Ill, including Division 2, entitled “Art in Public Places Advisory Board,” which created the Art in Public Places Advisory Board, its purpose, powers, and duties, and the number, qualifications, and terms of ofice of the members thereof; and WHEREAS, the City Council has determined that it is necessary to repeal Subdivision I. “Art in Public Places” to clarify and update the procedures and the guidelines applicable to the art in public places program; and WHEREAS, this Land Development Regulations amendment was reviewed by the Art in Public Places Advisory Board on July 18, 2006, which recommended its approval by a vote of 7-0; and Date Prepared: October 19,2006 Ordinance 1, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, this Land Development Regulations amendment was reviewed by the Planning, Zoning, and Appeals Board, sitting as the Land Development Regulations Commission, at a public hearing on December 12, 2006, which recommended its approval by a vote of 7-0; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Section 78-261, Code of Ordinances entitled “Definitions” and 78- 262, Code of Ordinances entitled “Fee imposed on developments” are hereby repealed in their entirety; and SECTION 3. Section 78-261, Code of Ordinances entitled “Art in Public Places Requirements,” is created to read: Sec. 78-261. Art in Public Places Requirements. (a) Definitions. The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning. 27 29 30 31 33 34 35 36 37 39 40 41 42 43 44 45 46 28 (1) 32 (2) 38 (3) Construction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildings on a project site, but excluding site infrastructure. Development means any project to construct or remodel any private or public development, except residential and/or residential components of a mixed-use development, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. Art, Artwork, or Works of art mean all tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to, painting , sculpture, fountains, engraving , carving , frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, artist-designed seating, or other functional art pieces and collaborative design projects between architects and/or landscape architects and artists, together with all hard costs and soft costs such 2 Date Prepared: October 19, 2006 Ordinance 1,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 38 as, but not limited to, lighting, landscaping, or other aesthetic effects or enhancements integrated with the art and approved by the growth management administrator. The city council shall not consider for approval art objects which are mass-produced in unlimited quantities. f4) Artist or professional artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person’s status as a professional artist include, but are not limited to, training in the arts, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, and receipt of honors and awards in the art field. (b) Application Requirements. The applicant shall provide the information described below and any additional information requested by the growth management department necessary to review the application pursuant to the standards of the code. (1) Application forms. The application shall be made on forms provided by the growth management department. (2) Artist information. Portfolio containing photographs of the artist’s existing work, exhibition and sales history, and biography. (3 Miscellaneous plans, renderings, and details. Artist’s color renderings and/or photographs of proposed artwork; materials sample board; site plan depicting the proposed location of the artwork; landscape plan, if necessary, depicting additional landscaping or modifications to existing landscaping; architectural elevations, if necessary, depicting structures associated with the artwork; lighting location plan and light fixture details; or other information requested by staff, the art in public places advisory board, or the city council. All submittals shall be required to provide an accurate representation of the proposed artwork. (c) provided in article VII. Violations. Violation of this chapter shall be subject to enforcement as (d) Requirements for art or fee in lieu of art. All new development, except city projects, where total vertical construction costs of all buildings on a project site are equal to or greater than $1,000,000.00 shall provide art valued in an amount of one percent of the total vertical construction costs, as provided in this section and section 78-262. All buildings within planned unit developments and planned community districts shall be assessed cumulatively towards the art in public places requirement, even if they are permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of 3 Date Prepared: October 19, 2006 Ordinance 1,2007 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 development shall contribute the required one percent of construction cost towards art in public places for the building project. The art fee for redevelopment of an existing building shall be calculated based on the construction costs of the new development, excluding the assessed value of the existing buildings that are replaced or redeveloped. (1) Private Development. A private developer may choose either to provide artwork on the project site or to contribute one percent of the total vertical construction costs to the city’s art impact fund. The city’s art impact fund shall be interest bearing with all interest to be retained by the city. a. Contribution of art. If the developer chooses to provide artwork, the art in public places advisory board shall review the proposed artwork and shall recommend to the city council whether to approve, deny, or approve with conditions the selection and location of the artwork according to the standards of this division. The artwork shall be provided as follows: 1. 2. Deposit of funds. The developer shall submit documentation to the city showing that a deposit was made with the developer’s attorney into an escrow account in an amount of money equal to the art fee prior to the issuance of the first building permit. The developer’s attorney will furnish the city documentation of the withdrawals for payment of art fees in accordance with the terms of the contract between the developer and the artist or artists, or the developer’s arts consultants. The developer and/or the developer’s attorney will provide the city a final written certification and accounting of the payment of art and consulting fees at the conclusion of the placement of artwork. This certification shall be provided in a manner acceptable to the city. Surplus balance. Any surplus balance existing in the escrow accounts after the developer has installed the required artwork shall be collected by the city. The surplus balance shall be held in a segregated, interest-bearing fund (the “art impact fund”), and shall be used for the provision of additional art work at the construction site or another site within the city. Use of such funds shall be determined by the city council, following a recommendation by the art in public places advisory board, and shall be in accordance with further provisions of this division. 4 Date Prepared: October 19, 2006 Ordinance 1,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3. Artist selection. The selection and commissions of the artists shall be by written contract between the developer and artists. 4. Art consultant. The developer may utilize up to 12 percent of the required fee to retain an art consultant to assist in the selection and procurement of required artwork; an additional 3 percent of the required fee shall be used to pay the city for administering the art in public places program. The art consultant shall have no financial relationship with the artist, nor any ownership in artwork purchased by the developer. The artist shall be allowed to act as the art consultant for the art petition, but shall be precluded from receiving the art consultant fee. 5. Vertical construction cost overruns. Prior to the issuance of the final certificate of occupancy for a project, the developer shall submit a revised construction cost certification. If the final cost of the vertical construction for the entire project is higher than the cost figure used to calculate the preliminary art budget, the art budget shall be increased as necessary to equal one percent of the actual defined total vertical construction cost for the project. The art budget shall be revised within 30 calendar days of any such changes. The increase in the art budget due to the final increase of the vertical construction cost for the entire project shall be placed in the city art impact fund, or shall be used for the provision of art on site, at the option of the developer. 6. Appraisal. To establish the value of art submitted to comply with this division, the city may employ an independent art appraiser to provide a written appraisal of the art submitted. Such appraisal will be paid for by the developer as part of the overall art contribution. 7. Artwork purchased pursuant to the requirements of this section belongs to the property owner, and shall be insured and maintained in good condition at all times as determined by the city’s code enforcement official. Maintenance shall include any associated landscaping or related improvements. The city has the right to maintain any art it deems improperly maintained and charge the owner the cost of such maintenance, including cost of collection, interest, and attorney’s fees. 5 Date Prepared: October 19,2006 Ordinance 1,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 8. Unless an alternative deadline is established in a development order, or a time extension is granted by the growth management administrator, no certificate of occupancy for the project shall be issued until the artwork is installed and the final certification and accounting of the payment of the escrow fees has been provided. Artwork installed in accordance with this division cannot be altered or removed from the site without approval of the city council. 9. The artist of approved artwork shall grant to the City of Palm Beach Gardens an unlimited, perpetual, non-exclusive, royalty-free, irrevocable license to reproduce and distribute two-dimensional reproductions of the artwork for city-related purposes, and grant to the city the exclusive irrevocable ownership rights in any trademark, service mark, or trade dress rights regarding the artwork, pursuant to a license that shall be approved by the city attorney. City approval of the artwork shall be deemed to be a grant of the artist for authorization by third parties to review and reproduce documents provided by the artist to the city which are deemed to be public records pursuant to public record laws of the state. The city shall also have the option of referring to the name and title of the artist and artwork in reproductions. IO. Review by the art in public places advisory board. A. Workshop. The applicant shall appear before the art in public places advisory board in order to receive guidance in the initial stages of the review. In this case, the applicant shall choose between two types of review described below: i. The applicant may appear before the board in order to receive more detailed direction, if the applicant does not have a set direction, prior to receiving a final recommendation by the board. The applicant is strongly encouraged to submit the portfolios of up to three artists. The portfolios shall contain photographs of the artists’ existing works, as well as the artists’ biographies; or 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 19,2006 Ordinance 1, 2007 ii. The applicant may have a set direction regarding the artwork and may appear before the board for preliminary comments prior to receiving the board’s final recommendation. The applicant shall submit the portfolio of the proposed artist which shall contain photographs of the artist’s existing works, as well as the artist’s biography. B. Criteria for review of artwork by the board. In making its recommendation to the city council, the board shall consider the quality of the artwork; the exhibition and sales history of the artist; the artist’s works in public collections and previous public art purchases or commissions; the ability of the artist to complete the project within a specified schedule; and the compliance with the standards of this division. C. Guidelines. The art in public places advisory board may adopt art in public places implementation guidelines to assist both the public and private sector planning activities. 11. Review by Staff. In making recommendations to the art in public places advisory board and to the city council, staff shall consider the standards of this division in association with sound planning principles. 12. In the case of redevelopment of a property which has contributed artwork on the site pursuant to this article, the artwork may be replaced, at the option of the developer, with new artwork pursuant to this article, or the existing artwork may remain on the site. In the latter case, the value of the existing artwork and its placement must comply with this article as if it were new artwork. b. Fee in lieu of artwork. Instead of providing artwork on the project site, a developer may choose to contribute one percent of the total vertical construction costs as the required art fee. If the contribution is made, the contribution shall be placed in the city’s art impact fund and used as provided in section 78-261(d)(2). The contributor shall have no input in the use of such funds. (2) Art Impact Fund. When the developer provides a fee in lieu of artwork pursuant to Section 78-261 (d)(l )b., the following shall apply to the use of the funds: 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a. b. C. d. e. Date Prepared: October 19,2006 Ordinance 1,2007 The fee shall be placed in the city’s art impact fund. Funds from the art impact fund may be spent anywhere in the city, and such funds may be spent on any art or art-related costs such as, but not limited to, lighting, consulting, landscaping, aesthetic features or enhancements. Art impact funds shall be expended by the city consistent with the city’s procurement process. Artist selection. The city shall issue a call to artists to procure artwork. The art in public places advisory board shall review submitted proposals and make a recommendation to the city council on the selection and commission of artists and artwork. The selection and commissions of the artists and artwork shall be by written contract between the city and artists. Use of purchased art. All artwork purchased by the city-required art fee contribution shall be displayed on city-owned land, a city- owned building, or a city-leased or rented facility unless otherwise approved by the city. The artwork shall be displayed in a visually accessible location, which shall be suitable to the design of the site, in order for the public to receive the most enjoyment and benefit from the art. Art consultant. The city may utilize up to a maximum of 15 percent of the funds allocated from the art account for any particular city facility to retain an art consultant to assist in the selection and installation of artwork. The artist shall be allowed to act as the art consultant, but shall be precluded from receiving the art consultant fee. Proper insurance coverage shall be maintained by the city on artwork purchased with funds generated by this article or on artwork whose ownership has been transferred to the city. The artwork owned by the city shall be maintained by the city. SECTION 4. Section 78-262, Code of Ordinances entitled “Fee imposed on developments’’ is repealed in its entirety. SECTION 5. Section 78-262, Code of Ordinances to be entitled “Standards for artwork is created to read as follows: Sec. 78-262. Standards for artwork. (a) Artwork shall be displayed in a visually accessible location, which shall be suitable to the design of the site, in order for the public to receive the most enjoyment and benefit from the art. 8 Date Prepared: October 19,2006 Ordinance 1,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (b) Artwork shall be integrated into the overall planning and design for a structure or project, and shall be compatible with the intent and purpose of the structure at which the work or works are located. (c) Artwork shall be integrated into the overall landscaping plan, and landscaping shall be utilized to enhance the visibility of such works. (d) Artwork shall be lighted at a minimum from dusk until midnight. The lighting shall be designed and located in order to prevent excessive lighting, energy waste, glare, light trespass, and sky glow. (e) Artwork installed pursuant to the division cannot be altered or removed from the site without approval of the city council. (f) Maintenance. Artwork shall be maintained in good condition at all times, including any associated landscaping or related improvements. (9) All artwork purchased from the art impact fund shall be displayed on city- owned land, a city-owned building, or a city-leased or -rented facility. (h) Zoning and Building consideration. Consideration shall be given to project zoning. Permits and building approval shall be obtained, when necessary, and shall be in compliance with the Florida Building Code, the National Electric Code, and the previously-approved plans by city council. SECTION 6. A new Section 78-263, Code of Ordinances to be entitled “Waiver of requirements” is created to read as follows: Sec. 78-263. Waiver of Requirements. (a) Waiver. The city council may waive the requirements contained in this division, utilizing the standards contained herein. Promotion of the general welfare of the city shall be a major factor in the waiver or reduction of fees. (b) Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if any, which provide substantial improvement in excess of existing requirements shall be factors to be considered in the waiver process. (c) when considering a request to waive or reduce required fees: Criteria for waiver of fees. The city council shall consider the following (1) The impact of proposed improvements on the appearance and utility of an existing structure; (2) The impact of proposed improvements on existing and potential tenants or businesses; and 9 Date Prepared: October 19. 2006 Ordinance 1, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (3) The probability of the owner acquiring substantial or anchor tenants to assist in relieving financial problems, excess vacancy rates, dilapidated appearance, and similar problems. (d) Credit for expenditures. (1) Monies expended for the purpose of meeting minimum code or site plan requirements shall receive no credit for payment of required fees. (2) Landscaping shall be considered a temporary improvement as compared to a permanent structural improvement in determining a monetary credit. The city council may not authorize more than 50 percent credit for the cost of installing new or replacement landscaping. Unusual cost of individual plantings or groups of plantings, such as rare exotics, shall not be considered as the sole factor for credit. SECTION 7. Codification of this Ordinance is hereby authorized and directed. SECTION 8. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 10 Date Prepared: October 19,2006 Ordinance I, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASS ED this day of ,2007, upon first reading. PASSED AND ADOPTED this day of ,2007, upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Joseph R. Russo, Mayor Jody Barnett, Vice Mayor Eric Jablin, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk AGAINST ABSENT APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDlNANCESWPP - Ord 1 2007.doc 11 6 78-253 PALM BEACH GARDENS CODE (4) Removal of native vegetation. Removal of native vegetation shall be minimized in the land development process. When feasible, native material shall be relocated on site. Native vegetation which cannot be transplanted or relocated on-site is encouraged to be offered for donation or to be sold by the applicant. (Ord. No. 17-2000, 0 119, 7-20-00) Secs. 78-264-78-260. Reserved. DMSION 6. PUBLIC PLACES* Subdivision I. Art in Public Places Sec. 78-261. Definitions. (a) Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning. Cohstruction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildings on a project site. All buildings within planned unit developments and planned community districts shall be assessed cumulatively towards the art in public places requirement, even if they are permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of development shall pay the required one percent of construc- tion cost towards art in public places for the building project. Development means any capital project to construct or remodel any private or public development, except residential, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. Works of art mean all forms of the visual arts conceived in any medium, material, or combination thereof, including but not limited to painting, sculpture, fountains, engraving, carving, fiescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, and collaborative design projects between architects and/or landscape architects and artists. (1) (2) (3) (b) Violations. Violation of this chapter shall be subject to enforcement as provided in article VII. (c) Art in public places advisory board. (1) Reserved. (2) Zoning consideration. Consideration must be given to project zoning (as base specifi- cations and wind tolerance for sculpture). Permits and building approval must be obtained, when necessary. *Editor's note-Formerly, div. 6. See the editor's note ch. 78, art. V, div. 3. Supp. No. 16 CD78:220 i c L L LAND DEVELOPMENT Q 78-262 (3) Reserved. (4) Guidelines. The committee Iboardl shall adopt Art in Public Places Implementation Guidelines to assist both public and private sector planning activities. (6) Installation. Installation of artwork shall be guided by the standards listed below. a. b. Artwork shall be installed to be visible to the maximum number of passers-by. Artwork shall be integrated into the overall planning and design for a structure or project, and shall be compatible with the intent and purpose of the structure at which the work or works are located. c. Artwork shall be integrated into the overall landscaping plan, and landscaping shall be utilized to enhance the visibility of such works. Artwork shall be lighted in an unobtrusive manner. At a minimum, artwork shall be illuminated from dusk until midnight. d. (6) Maintenance. Artwork shall be maintained in good conditions at all times, including any associated landscaping or related improvements. (Ord. No. 17-2000, Q 120,7-20-00; Ord. No. 11-2002,O 1,3-21-02; Ord. No. 17-2004,§ 5,6-3-04) Sec. 78-262. Fee imposed on developments. (a) Fee. All budgets for the new construction of private and public developments in the city, as specified in section 78-261, shall include an amount of one percent of the total budgets as a fee for art in public places. The fee shall be imposed and paid as provided below. (1) Deposit of funds. The developer shall submit to the city documentation showing that a deposit was made with the developer's attorney into an escrow account in an amount of money equal to the art fee prior to the issuance of the first building permit. The developer's attorney will furnish the city documentation of the withdrawals for payment of art fees in accordance with the terms of the contract between the developer and the artist or artists, of the developer's arts consultant. The developer's attorney will provide the city a final certification and accounting of the payment of art and consulting fees at the conclusion of the placement of artwork. (2) Surplus balance. Any surplus balance existing in the escrow accounts after the developer has installed the required artwork shall be collected by the city. The surplus balance shall be held in a segregated, interest-bearing hnd, and shall be used for the provision of additional art work at the construction site or another site within the city. Use of such funds shall be determined by the city council and shall be in accordance with hrther provisions of the chapter. (3) Artist selection. The selection and commissions of the artists shall be by written contract between the developer and artists. Supp. No. 16 CD78:221 0 78-262 PALM BEACH GARDENS CODE (4) Arts consultant. The developer may utilize up to 15 percent of the required fee to retain an arts consultant to assist in the selection and procurement of required artwork. The arts consultant shall have no financial relationship with the artist, or any ownership in artwork purchased by the developer. Cost overruns. If the final project cost is higher than the cost figure used to calculate the preliminary art budget, the art budget must be increased as necessary to equal one percent of the actual defined total project cost. The art budget must be revised within 30 calendar days of any such changes. (5) (b) Location. The artwork shall be displayed in a location visually accessible to both pedestrian and vehicular traffic. (c) Contribution of developer. Instead of providing the artwork on the project site, a developer may choose to contribute one percent of the total construction costs as the required art fee. If the contribution is made, the contribution shall be placed in the city’s art account. The contributor shall have no input in the use of such funds. (1) Artist selection. The selection and commissions of the artists and artwork shall be by written contract between the city and artists. Use of purchased art. All artwork purchased by the city required art fee contribution shall be displayed on city-owned land, a city-owned building] or a city-leased or rented facility. The artwork shall be displayed in a location visually accessible to both pedestrian and vehicular traffic. Art consultant. The city may utilize up to a maximum of 15 percent of the funds allocated from the art account for any particular city facility to retain an art consultant to assist in the selection and installation of artwork. (2) (3) (d) Guidelines. The selection and commissioning of artists shall be in accordance with the art in public places implementation guidelines adopted by the art in public places advisory board. (e) Special art in public places advisory board. (1) Reserved. (2) Reserved. (3) Ownership and maintenance. Artworks purchased pursuant the requirements of this subdivision belong to the property owner, and must be insured and maintained. Artworks purchased under subsection 78-262(c) are the property of the city and shall be maintained by the city. Artwork installed in accordance with this chapter cannot be altered or removed from the site without approval of the city council. When developer- owned art is situated at or on property or facilities owned or occupied by the city, the developer may transfer ownership to the city. Such art must be maintained by the city. ?be city has the right to maintain any art it deems improperly maintained and charge the owner the cost of such maintenance. Supp. No. 16 CD78:222 LAND DEVELOPMENT 8 78-262 (0 Insurance. Proper insurance coverage shall be maintained by the city on artworks purchased with funds generated by this article or on artwork whose ownership has been transferred to the city. (g) Appraisal. 'Ib establish the value of art submitted to comply with this division, the art in public places advisory board shall have the authority to employ an independent art appraiser to provide a written appraisal of the art submitted. Such appraisal will be paid for by the developer as part of the overall art contribution. (h) Waioer of requirements. Waiver. The city council may waive the requirements contained in this chapter, utilizing the standards contained herein. Promotion of the general welfare of the city shall be a major factor in the waiver or reduction of fees. Existing structures. Required fees may only be waived in whole or in part provided an existing complex is subject of extensive plans for redevelopment of the exterior of existing structures, or buildings are demolished and replaced with square footage equal to or less than that of original buildings. Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if any, which provide substantial improvement in excess of existing requirements shall be factors to be considered in the waiver process. Criteria for waiver of fees. The city council shall consider the following when considering a request to waive or reduce required fees: a. The impact of proposed improvements on the appearance and utility of an existing structure; The impact of proposed improvements on existing and potential tenants or businesses; and The probability of the owner acquiring substantial or anchor tenants to assist in relieving financial problems, excess vacancy rates, dilapidated appearance, and similar b. c. Credit for expenditures. a. Monies expended for the purpose of meeting minimum code or site plan requirements shall receive no credit for payment of required fees. Landscaping shall be considered a temporary improvement as compared to a permanent structural improvement in determining a monetary credit. The city council may not authorize more than 50 percent credit for the cost of installing new or replacement landscaping. Unusual cost of individual plantings or groups of plantings, such as rare exotics, shall not be considered as the sole factor for credit. b. (i) Architectural features. The city council may grant a partial credit toward required fees when a project. contains unusual architectural features. Supp. No. 16 CD78:223 0 78-262 PALM BEACH GARDENS CODE (i) Aesthetic features. The city council, upon the recommendation of the art in public places advisory hoard, may give a developer partial credit for an element of the project which supplies creditable aesthetic features for the benefit of the public. (Ord. No. 17-2000, 6 121, 7-20-00; Ord. No. 17-2004, §§ 1, 5, 6-3-04) Secs. 78-263-78-270. Reserved. DMSION 7. SIGNS* Sec. 78.271. Intent and purpose. The purpose of this division is to create the 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 to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this division 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. (Ord. No. 17-2000, 8 122, 7-20-00) *Editor’s note-Formerly, div. 6. See the editor’s note ch. 78, art. V, div. 3. Supp. No. 16 CD78:224 City of Palm Beach Gardens Council Agenda February 1- 2007 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 /Mayor Russo /Vice Mayor Barnett w# Council Member Jablin Council Member Levy Council Member Valeche J I. J II. CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 1,2007 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Recognition of Zack Miner for his assistance at Baseball Camp. V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: VI. CITY MANAGER REPORT MI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit reauest form to the Citv Clerk Drior to this Item) Vm. CONSENT AGENDA a. /Page 5) Approve Minutes from December 21,2006 regular City Council meeting. b. /Page 10) Approve Minutes from January 4,2007 regular City Council meeting. C. JStaff Report on Page 14, Resolution 011 Page I Resolution 15, 2007 - Lease Agreement with Siemens Financial Services, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a four (4) year lease agreement with Siemens Financial Services, Inc. for Golf Maintenance Equipment from Hector Turf via an existing agreement with the State of Florida, contract no. 515-630-060-01; authorizing the Mayor and the City Clerk to execute said agreement; and providing an effective date. d. Page 137) Proclamation - “Municipal Election Education Week”. e. [Page 138) Proclamation - The 12* Annual Children’s Week “Celebrating Parents and Children”. M. PUBLIC HEARINGS: Part I - Quasi-iudicial a. c-lf 0 b. Part I1 - Non-Quasi-iudicial a. {Staff Report on Page 240,l Ordinance on Page 249) B+?mw (2nd reading and adoption) Addresses, subdivision names and street names. & Ordinance of the City Cm@d of the City of €#BE BeuA FW [elating to street names and addresses; creating a new sedioff 78-28, .of&e4htyW fhde of&-, entitled “Addressing C City Code o€ Ordinances, entitled “Address&; Code of Ordinances, entitled “Subdivision N P!d v - -4 City Code of Ordinances, eelA “(?ki---”- --.sluidwh- mC\VIAlnRua- Apt* .. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) {Staff Report on Page 2S4, Ordinance on Page 270) Ordinance 1, 2007 - Updating the procedures and guidelines applicable to the City Art in Public Places program. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Art in Public Places to clarifjl and update the procedures and guidelines applicable to the City’s Art in Public Places program; repealing Section 78-261, Code of Ordinances entitled “Definitions”; Repealing Section 78- 262, Code of Ordinances entitled “Fee Imposed on Developments”; creating a new Section 78-261, Code of Ordinances to be entitled “Art in Public Places Requirements”; creating a new Section 78-262, Code of Ordinances to be entitled “Standards for Artwork”; creating a new Section 78-263, Code of Ordinances to be entitled “Waivers”; providing for codification; and providing an effective date. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XW. 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, Flori& Statutes, persons with disabilities needing special accomnto&ions in ordm 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 FIorida 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 Council Agenda February 1,2007 Y Mayor Russo Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 Vice Mayor Barnett Council Member Jablin Council Member Levy Council Member Valeche IC. I. 11. 111. IV ‘7: Id v. VI. VII. 7: 53 VIII. 4 -0 CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 1,2007 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: CITY MANAGER REPORT: Recognition of Zack Miner for his assistance at Baseball Camp. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please sudmit request form to the City Clerk prior to this Item) CONSENT AGENDA: a. lPaee 5) Approve Minutes from December 2 1,2006 regular City Council meeting. b. /Page 10) Approve Minutes from January 4, 2007 regular City Council meeting. C. JStaff Report on Pape 14L Resolution on Page 16) Resolution 15, 2007 - Lease Agreement with Siemend Financial Services, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a four (4) year lease agreement with Siemens Financial Services, Inc. for Golf Maintenance Equipment from Hector Turf via an existing agreement with the State of Florida, contract no. 515-630-060-01; authorizing the Mayor and the City Clerk to execute said agreement; and providing an effective date. d. /Pape 137) Proclamation - “Municipal Election Education Week,,. e. {Page 138) Proclamation - The 121h Annual Children’s Week “Celebrating Parents and Children”. 1, IX. PUBLIC HEARINGS: Part I - Ouasi-iudicial 39 a. (Staff Report on Page 139, Resolution on Page 170) Resolution 4, 2007 - Latitudes in the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for the 9.0-acres of “Parcels A & B” of the Parcel 3 1.04 Mixed-Use Planned Community Development (MXDIPCD), generally located at the Southeast corner of Central Boulevard and the future extension of Victoria Falls Boulevard, as more particularly described herein, to be referred to as “Latitudes in the Gardens”, to allow the development of 9,000 SF of restaurant use, 15,000 SF of retail use, 38,000 SF of medical office use, and 14,866 SF of professional office use; providing for waivers; providing for conditions of approval; and providing an effective date. b. (Staff Report on Page 2100, Resolution on Pave 204) Resolution 8, 2007 - Waiver for Cobb Movie Theatre Tenant Wall Sign. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving an increase in the copy area of the Cobb Theatre sign located on the West elevation of building “A” at Downtown at the Gardens within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing a waiver; and providing an effective date. 4@ 4-0 Part I1 - Non-Ouasi-iudicial a. (Staff Reoort on Pave 240, Ordinance on Page 249) Ordinance 23,2006 - (2nd reading and adoption) Addresses, subdivision names and street names. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to street names anrd addresses; creating a new Section 78-28, of the City Code of Ordinances, entitled “Addressing Committee”; amending section 78-275, City Code of Ordinances, entitled “Addresses”; amending section 78-483, City Code of Ordinances, entitled “Subdivision Name”; and amending section 78-493, City Code of Ordinances, entitled “Street Names”; providing for codification; and providing an effective data. 8:3? Lt r0 X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) a. (StaifOrdinance 1, 2007 - Updating the procedures and guidelines applicable to the City Art in Public Places program. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Art in Public Places to clarify and update the procedures and guidelines applicable to the City’s Art in Public Places program; repealing Section 78-26 1, Code of ordinances entitled “Definitions”; Repealing Section 78- 262, Code of Ordinances entitled “Fee Imposed on Developments”; creating a new Section 78-261, Code of Ordinances to be entitled “Art in Public Places Requirements”; creating a new Section 78-262, Code of Ordinances to be entitled “Standards for Artwork”; creating a new Section 78-263, Code of Ordinances to be entitled “Waivers”; providing for codification; and providing an effective date. r9 I: XII. ITEMS FOR COUNCIL ACTION/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: 800-955-8 771 (TDD) or 800-955-8 770 (VOICE). NOTE: ~~ All presentation materials must be received by the City Clerk prior to the presentation to the Council. I COMMENTS FROM THE PUBLIC Request to Address City Council Please Print ,I 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: AMiP kA #EL City: P&G- Address: E32 4Bd a 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 Name: Address: City: Subject : h&&q 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 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 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 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 02/01/07 PROPOSED ADDITIONS DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: Gardens Medical Center presenting a check to the Police Department for AED equipment. Under City ManaPer’s Report Police Department 2006 Summary Report Under Ordinances on First Reading Ordinance 1,2007 Staff has determined that further clarification is necessary. NONE 3 I. L L E' w CD CI m 0 er m $ s 0 E' $ s: er a er cc % 0 1 $ 5;' 5 m CD 2' gz 02 E E' n 1 0 m m I CD w P, 3 E' Z 5. 3 2 5 er P, cc 0 n CI CD 1 cl n P. 5;' 5 CD 0 e er L E 0 1 e: e;. b cc F 4 CD w CT CD UQ m 0 tr cc CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The 1Zh Annual Children's Week "Celebrating Parents and Children" will take place in Tallahassee from March 25, 2007 to April 1, 2007, bringing thousands of parents, children, professionals, community leaders and concerned citizens together to share valuable knowledge and information about children 's issues across the state and in our Capital City; and WHEREAS, The purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its children and families and to engage a long-term process to develop and implement strategies for moving the shared vision forward; and does so by encouraging Children's Week activities to occur locallY in all of Florida's Cities to strengthen and enrich our families and our communities; and WHEREAS, Children's Week has teamed up with the Association of Early Learning Coalitions, and Florida Department of Health 's Step Up Florida! program, Prevent Child Abuse Florida's Winds of Change campaign, and dozens of leading statewide non-profit organizations to expand the network of community involvement and advocacy on a wide array of children and family issues at the local level; and WHEREAS, The Early Learning Coalition of Palm Beach County is one of 31 Early Learning Coalitions in the State of Florida legislatively mandated to manage and oversee state and federal-funded early education and care programs in Palm Beach County so that children will have the optimal health, education and care they need to promote early learning so that they can be successfol in school and in life; and WHEREAS, Step Up Florida! is an annual statewide health initiative developed by the Florida Department of Health that promotes the importance of daily physical activity and highlights the variety of physical activity opportunities available for all Florida residents by hosting local events throughout the month of February. Step Up Florida! Activities are coordinated by the local Chronic Disease Health Promotion and Education Coordinators (CDHPE's) in all67 counties; and WHEREAS, in recognition of Child Abuse Prevention Month, Prevent Child Abuse Florida , in partnership with the Ounce of Prevention Fund and the Florida Department of Children and Families, is launching a statewide public awareness and education campaign during April 2007 with the campaign theme, Winds of Change-Turning Choices into Change, and is symbolized by the pinwheel, representing this shift or wind of change; and WHEREAS, Multiple local and statewide non-profit organizations representing many different children 's issues are participating in the celebration of Children 's Week in each county, providing a holistic approach to the well-being of children, and encompassing all issues which impact Florida's children and families; and NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of March 25, 2007 to Aprill, 2007 "Children's Week" in the City of Palm Beach Gardens, Florida , encourage all residents to learn more about children's issues in our community . IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affzxed on this 1st day of Februa1y in the y; r of our Lord, Two Thousand Seven CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The 1Zh Annual Children's Week "Celebrating Parents and Children " will take place in Tallahassee from March 25, 2007 to April 1, 2007, bringing thousands of parents, children, professionals, community leaders and concerned citizens together to share valuable knowledge and information about children 's issues across the state and in our Capital City; and WHEREAS, The purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its children and families and to engage a long-term process to develop and implement strategies for moving the shared vision forward; and does so by encouraging Children's Week activities to occur locally in all of Florida's Cities to strengthen and enrich our families and our communities; and WHEREAS, Children's Week has teamed up with the Association of Early Learning Coalitions, and Florida Department of Health's Step Up Florida! program, Prevent Child Abuse Florida's Winds of Change campaign, and dozens of leading statewide non-profit organizations to expand the network of community involvement and advocacy on a wide array of children and family issues at the local level; and WHEREAS, The Early Leaming Coalition of Palm Beach County is one of 31 Early Learning Coalitions in the State of Florida legislatively mandated to manage and oversee state and federal-funded early education and care programs in Palm Beach County so that children will have the optimal health, education and care they need to promote early learning so that they can be successful in school and in life; and WHEREAS, Step Up Florida! is an annual statewide health initiative developed by the Florida Department of Health that promotes the importance of daily physical activity and highlights the variety of physical activity opportunities available for all Florida residents by hosting local events throughout the month of February. Step Up Florida! Activities are coordinated by the local Chronic Disease Health Promotion and Education Coordinators (CDHPE's) in al/67 counties; and WHEREAS, in recognition of Child Abuse Prevention Month, Prevent Child Abuse Florida, in partnership with the Ounce of Prevention Fund and the Florida Department of Children and Families, is launching a statewide public awareness and education campaign during April 2007 with the campaign theme, Winds of Change-Turning Choices into Change, and is symbolized by the pinwheel, representing this shift or wind of change; and WHEREAS, Multiple local and statewide non-profit organizations representing many different children 's issues are participating in the celebration of Children's Week in each county, providing a holistic approach to the well-being of children, and encompassing all issues which impact Florida's children and families; and NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of March 25, 2007 to April!, 2007 "Children 's Week" in the City of Palm Beach Gardens, Florida, and encourage all residents to learn more about children's issues in our community. At~ IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 1st day of February in the Year of our Lord, Two Thousand Seven PROCLAMATION WHEREAS, there are thirty-eight (38) municipalities within Palm Beach County that are governed by a Mayor and City Council or Commission (policy-making body) who are elected for two (2}, three (3) or four (4) years terms of office; and WHEREAS, all municipalities have a Charter within their Code that provides the duties and powers of the Office of Mayor and City Council/ Commission members, as well as information regarding residency requirements, qualifying criteria, terms of office, salary, rules and procedures, voting requirements, and induction into office; and WHEREAS, each Municipal Charter establishes the date, time and place of General and Special Elections that will be held in their municipality; provides specific criteria for each Municipal Election, such as Qualifications of Candidates; qualifying and filing dates, time and place, the city and state filing fees, specific residency requirements, voting districts, precincts, polling places and referendum elections; and. WHEREAS, •Municipal Election Education Week• is provided to encourage residents to register to vote, to encourage all registered voters to participate in all elections to have their voice heard; to provide education about the election process; and to offer touch screen voting demonstrations to the residents and electors within Palm Beach County. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week ofFebruary 5-9, 2007 "Municipal Election Education Week" in the City of Palm Beach Gardens, Florida, and encourage all residents to contact their local Municipal Clerk/Filing Officer to learn more about tbe election and voting process. Make your voice heard through voting -a privilege and right that is tbe foundation of our democratic government! Encourage your family and friends to register to vote, go to the polls to vote and make their vote heard! Attest: ~~ IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 1st day of February in the Year of our Lon o Thausand Seven PROCLAMATION WHEREAS, there are thirty-eight (38) municipalities within Palm Beach County that are governed by a Mayor and City Council or Commission (policy-making body) wlw are elected for two (2)1 three (3) or four (4) years terms of office; and WHEREAS, all municipalities have a Charter within their Code that provides the duties and powers of the Office of Mayor and City Council/ Commission members, as well as information regarding residency requirements, qualifying criteria, terms of office, salary, rules and procedures, voting requirements, and induction into office; and WHEREAS, each Municipal Charter establishes the date, time and place of General and Special Elections that will be held in their municipality; provides specific criteria for each Municipal Election, such as Qualifications of Candidates; qualifying and filing dates, time and place1 the city and state filing fees~ specific residency requirements, voting districts, precincts, polling places and referendum elections; and. WHEREAS, •Municipal Election Education Week• is provided to encourage residents to register to vote, to encourage all registered voters to participate in all elections to have their voice heard; to provide education about the election process; and to offer touch screen voting demonstrations to the residents and electors within Palm Beach County. NOW, THEREFORE, I, Joseph R Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week ofFebruary 5-9, 2007 "Municipal Election Education Week" in the City of Palm Beach Gardens, Florida, and encourage all residents to contact their local Municipal Clerk/Filing Officer to learn more about the election and voting process. Make your voice heard through voting -a privilege and right that is the foundation of our democratic government! Encourage your family and mends to register to vote, go to the polls to vote and make their vote heard! Attest: ~k- IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 1st day of February in the Year of our Lord, 1i Thousand Seven l