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04-25-2024 VC-REG A with attachments_REVISED VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA - REVISED VILLAGE HALL COUNCIL CHAMBERS THURSDAY, APRIL 25, 2024 501 U.S. HIGHWAY 1 7:00 PM Susan Bickel Deborah Searcy Lisa Interlandi Kristin Garrison Orlando Puyol Mayor Vice Mayor President Pro Tem Councilmember Councilmember Chuck Huff Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS FOR “WATCH LIVE” MEETING To watch the meeting live please go to our website page (link provided below) and click the “Watch Live” link provided on the webpage: https://www.village-npb.org/CivicAlerts.aspx?AID=496 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA APPROVAL OF MINUTES 1. Minutes of the Regular Session held March 28, 2024 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. 2. APPLICANT INTRODUCTIONS FOR VILLAGE BOARDS AND COMMITTEES 3. RESOLUTION Appointing Members to Village Boards and Committees Regular Session Agenda, April 25, 2024 Page 2 of 3 CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 4. RESOLUTION – Approving a Blanket Purchase Order with Tire Soles of Broward, Inc. in the total amount of $50,000 for the purchase of tires for Village vehicles. 5. RESOLUTION – Accepting a proposal from Ranger Construction Industries, Inc. for milling and resurfacing at Anchorage Park at a total cost of $44,291; and authorizing execution of the Contract. 6. Receive for file Minutes of the Library Advisory Board meetings held 1/23/24 and 2/27/24. 7. Receive for file Minutes of the Environmental Committee meetings held 2/5/24 and 3/4/24. 8. Receive for file Minutes of the Infrastructure Surtax Committee meeting held 2/13/24. 9. Receive for file Minutes of the Planning, Zoning and Adjustment Board meetings held 2/6/24 and 3/5/24. 10. Receive for file Minutes of the Waterways Advisory Board meeting on 2/27/24. 11. Receive for file Minutes of the Golf Advisory Board meeting held 3/11/24. 12. Receive for file Minutes of the Recreation Advisory Board meeting held 3/12/24. 13. Receive for file Minutes of the Audit Committee meeting held 3/12/24. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 14. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2024-05 – CODE AMENDMENT – PROHIBITING REMOTE PARTICIPATION BY MEMBERS OF VILLAGE BOARDS AND COMMITTEES Consider a motion to adopt and enact on second reading Ordinance 2024-05 amending Article I, "In General," of Chapter 2, "Administration," of the Village Code of Ordinances by amending Section 2-1, "Boards and Committees," to prohibit remote participation by members of Village Boards and Committees. 15. 1ST READING OF ORDINANCE 2024-06 – CODE AMENDMENT – EXPIRATION OF SITE PLAN APPROVALS Consider a motion to adopt on first reading Ordinance 2024-06 amending Division 3, “Site Plan and Appearance Review” of Article III “Appearance Code” of Chapter 6, “Buildings and Building Regulations” to adopt a new Section 6-61 “Expiration of Site Plan and Appearance Approval." OTHER VILLAGE BUSINESS MATTERS 16. RESOLUTION – MINOR PUD AMENDMENT Consider a motion to adopt a resolution approving minor amendments to the Crystal Cove Commons Commercial Planned Unit Development to identify four outdoor seating areas on the site plan, amend the uses and parking calculations to reflect the current tenant mix, and revise the color of the facade. 17. RESOLUTION – HVAC AUTOMATION/INTEGRATION SYSTEM AT PUBLIC SAFETY BUILDING Consider a motion to adopt a resolution approving a sole source proposal from Wisch & Jackson Co. of Florida, Inc., for the installation of an HVAC Automation/Integration System at the Publ ic Safety Building at a total cost of $161,000; and authorizing execution of the Contract. 18. RESOLUTION – AMENDMENT TO CONTRACT FOR POND STABILIZATION WORK AT COUNTRY CLUB Consider a motion to adopt a resolution approving an Amendment to the Contract with Marsh Management Systems, LLC for pond stabilization work at the North Palm Beach Country Club Golf Course to expand the scope of work and adjust the compensation by increasing the total cost of the contract by $27,062.50; authorizing execution of the Amendment; and waiving the Village's purchasing policies and procedures. Regular Session Agenda, April 25, 2024 Page 3 of 3 19. RESOLUTION – GOLF CART LEASE EXTENSION Consider a motion to adopt a resolution accepting a proposal from E-Z Go, a division of Textron, Inc. for a nine-month extension of the existing lease and a new thirty-six month lease for eighty GPS equipped golf carts, one Utility Hauler, one Shuttle, and one Beverage Cart at a total cost of $840,325.68; and authorizing the Village Manager to execute the necessary Lease Agreements and related documents. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS 20. DISCUSSION – Country Club Restaurant REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MARCH 28, 2024 Present: Susan Bickel, Mayor Deborah Searcy, Vice Mayor Judy Pierman, President Pro Tem Kristin Garrison, Councilmember Lisa Interlandi, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Vice Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were present except for Mayor Bickel who was running late. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Searcy gave the invocation and President Pro Tem Pierman led the public in the Pledge. AWARDS AND RECOGNITION Vice Mayor Searcy read and presented a proclamation for Florida Bicycle Month to Brian Ruscher, Deputy Director of Multimodal at the Palm Beach Transportation Planning Agency and Palm Beach County Vice Mayor Maria G. Marino. Mr. Ruscher and Palm Beach County Vice Mayor Marino thanked Council for signing and providing the proclamation. APPROVAL OF MINUTES The Minutes of the Regular Session held March 14, 2024 were approved as written. STATEMENTS FROM THE PUBLIC Ron Okolichany, 417 Northlake Drive, congratulated Orlando Puyol, Lisa Interlandi and Kristin Garrison on their election to Village Council. Mr. Okolichany discussed the Village Organization Chart and reminded Council that the residents were at the top of the Organization Chart. John Samadi, 512 Marlin Road, discussed and expressed his concerns regarding how candidates and those who run for public office come to speak at Council meetings regarding their qualifications, plans and goals. Mr. Samadi also expressed his concerns regarding not receiving a response to a concern that he requested from Senator Powell’s office approximately office six (6) years ago. Draft Minutes of the Village Council Regular Session held March 28, 2024 Page 2 of 6 STATEMENTS FROM THE PUBLIC continued Chris Ryder, 118 Dory Road S, expressed his concerns regarding past employees of consultants who had been involved with the proposed 200 Yacht Club Drive project and other Village proposed projects. Mr. Ryder continued by discussing and giving a history of past and present proposed projects within the Village. Mr. Ryde expressed his concerns regarding registered lobbyists appointed to Village Advisory Boards or Village Council. Tim Hullihan, 840 Country Club Drive, congratulated the newly elected Councilmembers. Mr. Hullihan discussed the difference between consensus finding and consensus forming and expressed his concerns regarding the Village’s Master Plan. Rita Budnyk, 804 Shore Drive, congratulated the newly elected Councilmembers. Ms. Budnyk asked for volunteers for the upcoming Heritage Day Festival. Noel Martinez, President of the Palm Beach North Chamber of Commerce, 5520 PGA Boulevard, Palm Beach Gardens, introduced himself and gave a brief overview of the Palm Beach North Chamber of Commerce. Mr. Martinez congratulated the Village on having its first all women Council at the March 14, 2024 Council meeting. Mr. Martinez thanked Judy Pierman and Karen Marcus for assisting their community as Interim Councilmembers. Mr. Martinez congratulated and welcomed the newly elected Councilmembers Interlandi, Garrison and Puyol. Mayor Bickel arrived to the meeting at approximately 7:23 p.m. Maria Marino, Vice Mayor of Palm Beach County, 301 N. Olive Avenue, West Palm Beach, thanked Judy Pierman and Karen Marcus for assisting their community as Interim Councilmembers, and congratulated and welcomed newly elected Councilmembers Interlandi, Garrison and Puyol. Senator Bobby Powell, District 24, gave a 2024 Legislative Session update. COUNCIL BUSINESS MATTERS President Pro Tem Pierman expressed her thanks and appreciation to Karen Marcus for stepping in as an Interim Councilmember and stated Ms. Marcus modeled one who gives to her family and grandchildren and the entire community. Ms. Marcus has modeled an exemplary life of making a difference for the welfare of the youth, her family and the community. MOTION TO APPOINT INTERIM COUNCILMEMBER TO GROUP 3 A motion was made by Councilmember Interlandi and seconded by Councilmember Garrison to appoint Orlando Puyol as Interim Councilmember to Group 3. Thereafter the motion passed unanimously. Mr. Puyol thanked his family and the residents for his election to the Village Council. ADMINISTRATION OF INTERIM COUNCILMEMBER OATHS Village Clerk Jessica Green administered the Oath of Office to re-elected councilmember Deborah Searcy, to elected councilmembers Kristin Garrison and Lisa Interlandi and to appointed interim councilmember Orlando Puyol. Said Oaths are attached to the official Minutes of Record. Draft Minutes of the Village Council Regular Session held March 28, 2024 Page 3 of 6 COUNCIL REORGANIZATION Mayor Bickel opened the floor to nominations for the office of Mayor. Deborah Searcy nominated Susan Bickel to continue as Mayor until the next Council reorganization scheduled for 2025. With no other nominations for Mayor, Susan Bickel was declared Mayor. Susan Bickel nominated Deborah Searcy to continue as Vice Mayor until the next Council reorganization scheduled for 2025. With no other nominations for Vice Mayor, Deborah Searcy was declared Vice Mayor. Kristin Garrison nominated Lisa Interlandi for President Pro Tem. With no other nominations for President Pro Tem, Lisa Interlandi was declared President Pro Tem. Thereafter, the names of Susan Bickel, Deborah Searcy, and Lisa Interlandi were entered into Resolution 2024-21. RESOLUTION 2024-21 – APPOINTING COUNCIL OFFICERS A motion was made by Vice Mayor Searcy and seconded by Councilmember Puyol to adopt Resolution 2024-21 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING T HE MAYOR, VICE MAYOR AND PRESIDENT PRO TEM FOR THE UPCOMING YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2024-21 passed unanimously. Village Clerk Jessica Green administered the Oath of Office to Mayor Bickel, Vice Mayor Searcy, and President Pro Tem Interlandi. Said Oaths are attached to the official Minutes of Record. CONSENT AGENDA APPROVED Councilmember Puyol moved to approve the Consent Agenda. Vice Mayor Searcy seconded the motion, which passed unanimously. The following items were approved: Resolution accepting a proposal from Gator Lawn and Landscape Services 2013 LLC for swale restoration at specified locations within the Village at a total cost of $48,325; and authorizing execution of the Contract. Resolution approving the purchase of new chairs for the Village Council Chambers from America’s Office Source and increasing the total amount of funds expended to America’s Office Source for Fiscal Year 2024 to $50,000. Receive for file Minutes of the Business Advisory Board meeting held 1/16/24. Receive for file Minutes of the Audit Committee meeting held 1/31/24. Receive for file Minutes of the Golf Advisory Board meeting held 2/13/24. Receive for file Minutes of the Recreation Advisory Board meeting held 2/13/24. RESOLUTION 2024-24 – ACCEPTANCE OF FY 2023 AUDIT REPORT A motion was made by Councilmember Puyol and seconded by President Pro Tem Interlandi to adopt Resolution 2024-24 entitled: Draft Minutes of the Village Council Regular Session held March 28, 2024 Page 4 of 6 RESOLUTION 2024-24 – ACCEPTANCE OF FY 2023 AUDIT REPORT continued A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT PREPARED BY THE VILLAGE AUDITOR FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2023 AND AUTHORIZING ITS FILING WITH THE STATE; AND PROVIDING FOR AN EFFECTIVE DATE. Terry Norton of Nowlen, Holt & Miner, reviewed the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2023. Ron Okolichany, 417 Northlake Drive, expressed his concerns regarding the Country Club financials reported in the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2023. Mr. Okolichany gave his recommendations regarding the management and finances of the Country Club. Chris Ryder, 118 Dory Road S, expressed his concerns regarding the management and finances of the Country Club and other purchases approved by Council. Vice Mayor Searcy clarified that the agenda item was just an approval of the FY 2023 Audit Report and not discussing the future budget. Budget discussions would take place in the following months where there will be workshops for public input. Vice Mayor Searcy congratulated the Finance Department for their hard work, for winning both audit, and budget awards for the 35th year in a row. Councilmember Puyol stated that it was important for the Country Club to have a positive cash flow and that the future budget revenues and expenditures should be closely evaluated. Mayor Bickel encouraged residents to attend future budget workshops to give their input. Thereafter the motion to adopt Resolution 2024-24 passed unanimously. RESOLUTION 2024-25 – PROFESSIONAL ENGINEERING SERVICES FOR REPLACEMENT OF EAST ALLEY WALL A motion was made by Vice Mayor Searcy and seconded by President Pro Tem Interlandi to adopt Resolution 2024-25 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM ENGENUITY GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE REPLACEMENT OF THE EAST ALLEY WALL AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Director Chad Girard explained the reason for the resolution was to accept a proposal for design services to address the replacement of the East Alley Wall between Atlantic Alley and Yacht Club Drive. John Samadi, 512 Marlin Road, expressed his concerns regarding the proposed East Alley Wall replacement project. Draft Minutes of the Village Council Regular Session held March 28, 2024 Page 5 of 6 RESOLUTION 2024-25 – PROFESSIONAL ENGINEERING SERVICES FOR REPLACEMENT OF EAST ALLEY WALL continued Councilmember Puyol explained that the design services for the replacement of the East Alley Wall were necessary due to safety concerns. Thereafter the motion to adopt Resolution 2024-25 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Discussion – Advisory Board and Committee attendance by telephone Bill Hipple, 539 Captains Road, expressed his concerns regarding telephonic or electronic participation on Village Advisory Boards and Committees. Mr. Hipple stated that he did not approve of electronic participation for members of Advisory Boards or Committees. Mayor Bickel read into the record a public comment received from George Alger, 408 Ebbtide Drive. In his comment, Mr. Alger expressed his desire to remain a member of the Waterways Advisory Board, gave an overview of his credentials and stated that he was committed to attending all meetings in some capacity, even if it was through telecommunication. Chris Ryder, 118 Dory Road S, discussed telephonic attendance and absenteeism on Advisory Boards and gave his recommendations. Discussion ensued between Mr. Huff, Mr. Rubin and Councilmembers regarding whether or not to allow telephonic or electronic participation on Village Advisory Boards and Committees. Council came to consensus to prohibit telephonic or electronic participation on Village Advisory Boards and Committees and directed staff to bring forward an ordinance to amend the Village code. Mayor Bickel asked Police Chief Jenkins to share an update on police officers who recently received awards. Police Chief Jenkins stated that Sergeant Ciezak, Corporal Prudhomme, Officer Wright and Officer Bussek received a PBA Achievement Award. Vice Mayor Searcy thanked Karen Marcus and Judy Pierman for their service to the Village and stated that she was excited to begin working with the newly elected Councilmembers. Councilmember Puyol announced the upcoming Easter events and the Heritage Day Festival in the Village and stated that he was excited to ride the fire truck with the Easter bunny. VILLAGE MANAGER MATTERS/REPORTS Director of Leisure Services Zak Sherman gave an update and schedule of events for the upcoming Heritage Day Festival that would be taking place Friday, April 5 through Saturday, April 6. Mr. Huff explained that Council would be judging the parade at the Heritage Day Festival. Mr. Huff thanked Karen Marcus and Judy Pierman for their service to the Village and stated that he was glad to begin working with the newly elected Councilmembers. Draft Minutes of the Village Council Regular Session held March 28, 2024 Page 6 of 6 VILLAGE MANAGER MATTERS/REPORTS continued Mr. Huff stated that Shawn Woods who was a member of the Environmental Committee and had one (1) year left on her term, was unable to remain residing within the residential limits of the Village. Mr. Huff asked if Council would be willing to waive the residency requirement for Ms. Woods for the remainder of her term. Discussion ensued between Councilmembers and Mr. Rubin regarding the waiving of residency requirements for Village Board and Committee members, and whether or not to waive the residency requirement for Ms. Woods. A motion was made by Councilmember Puyol and seconded by Vice Mayor Searcy to waive the residency requirement for Environmental Committee member Shawn Woods for one (1) year. Thereafter the motion passed unanimously. Mr. Huff stated that the certified election results for Mr. Puyol’s election to Council would not be received from the Supervisor of Elections Office until end of business day on Monday, April 1. Mr. Huff asked Mr. Puyol if he would prefer to schedule a Special Council Meeting in order to swear him in from interim Councilmember to official Councilmember or to wait until the next Council meeting on April 11. Councilmember Puyol stated that he preferred to wait until the next regular scheduled Council meeting on April 11. Mr. Huff stated that he had the opportunity to attend the swearing in of three (3) new Village Police Officers. Mr. Huff thanked staff for their incredible job with navigating and working through the resignations and changes to Council that occurred over the last six (6) months. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:58 p.m. APRIL 25, 2024 APPLICANT INTRODUCTIONS FOR VILLAGE BOARDS NAME BOARD(S) Juliette Desfeux Environmental Committee David Norris Golf Advisory Board Michael Beck Golf Advisory Board David Talley Library Advisory Board Stephanie DiGangi Library Advisory Board (unable to attend meeting, submitted letter to be read for comment) Timothy F. Hullihan Planning, Zoning and Adjustment Board Mark Michels Planning, Zoning and Adjustment Board (unable to attend meeting, submitted letter to be read for comment) Benjamin Schreier Planning, Zoning and Adjustment Board VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jessica Green, Village Clerk DATE: April 25, 2024 SUBJECT: RESOLUTION – Annual Village Board Appointments In accordance with Chapter 2, Article 1 of the Code of Ordinances, the Village Council may appoint citizens as members of its Boards to serve at the pleasure of the Council. There are 12 vacant positions on Village Boards to be filled; appointees will serve 1, 2, 3 or 4 year terms, depending on the Board or membership vacated. Requests for applicants were advertised in the Newsletter, on the Village website and in social media. The Village Clerk received 8 new applications for positions on 4 of the 7 boards that have openings. The 2024 Advisory Board Applicants Report is attached for Council consideration. The report details the positions to be filled and applicants requesting appointment. The term of appointment varies, depending on the Board or membership vacated, and the Village Council may modify the duration of a member’s term at the time of appointment in order to provide for staggered terms. Every board does not require an adjustment in the length of the term. Applicants will have the opportunity to introduce themselves to Council and Council will have the opportunity to ask the applicants questions during Item 6A, Statements from the Public. The introductions will be followed by the selection of members and approval of the resolution. The attached resolution has been prepared/reviewed by the Village Attorney for legal sufficiency. There is no fiscal impact. Recommendation: Village Administration recommends Council consideration of the applicants , selection of board members by ballot, and adoption of the proposed Resolution. Page 1 of 2 RESOLUTION 2024-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE ENVIRONMENTAL COMMITTEE, GOLF ADVISORY BOARD, LIBRARY ADVISORY BOARD, AND PLANNING, ZONING AND ADJUSTMENT BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Chapter 2, Article I of the Village Code of Ordinances, the Village Council may appoint residents of the Village as members of Village advisory boards to serve at the pleasure of the Village Council, subject to the terms and conditions set forth therein; and WHEREAS, the Village Council wishes to appoint Village residents to serve on the Village Environmental Committee, Golf Advisory Board, Library Advisory Board and Planning, Zoning and Adjustment Board. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The following persons are hereby appointed to various Village Boards and Committees for the terms commencing May 1, 2024 and expiring as indicated below: ENVIRONMENTAL COMMITTEE April 30, 2026 GOLF ADVISORY BOARD April 30, 2026 LIBRARY ADVISORY BOARD April 30, 2026 PLANNING, ZONING AND ADJUSTMENT BOARD April 30, 2025 April 30, 2026 Page 2 of 2 Section 2. The Village Clerk is hereby directed to send a conformed copy of this resolution to the members appointed above. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 25TH DAY OF APRIL, 2024 (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH 2024 BOARD APPLICANTS Applicants for vacant positions are listed below. The Village Council may appoint members at its discretion. The term of appointment varies depending on the Board, and the Village Council may modify the duration at the time of appointment in order to provide for staggered terms. Environmental Committee 1 Vacant Seat 2 year term beginning May 1, 2024 1 Applicant Juliette Desfeux Golf Advisory Board 1 Vacant Seat 2 year term beginning May 1, 2024 Requirements Appointee must have a golf resident family membership. 2 Applicants David Norris Michael Beck Library Advisory Board 1 Vacant Seat 2 year term beginning May 1, 2024 2 Applicants Stephanie DiGangi David Talley: Currently serves on the Audit Committee and the Business Advisory Board Planning, Zoning and Adjustment Board 2 Vacant Seats 1 seat (land use planner or architect) will finish remainder of former member’s term ending on April 30, 2025 1 seat (non-business or profession affiliation) will have a 2 year term beginning May 1, 2024 Requirements One appointee must be a land use planner or architect. One appointee need not be engaged in any business or profession. 3 Applicants Timothy F. Hullihan Mark Michels: Currently serves on the Waterways Board Benjamin Schreier VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Keith Davis, Fleet Manager DATE: April 25, 2024 SUBJECT: RESOLUTION – Approval to increase the FY 2024 Blanket Purchase Order issued to Tire Soles of Broward, Inc. to $50,000 Village Staff is recommending Village Council consideration and approval of the attached Resolution increasing the FY 2024 blanket purchase order issued to Tire Soles of Broward, Inc. to $50,000. The Village uses Tire Soles of Broward, Inc. to purchase tires for Village vehicles. The Village has spent $25,000.00 with this vendor for the current fiscal year, and anticipates additional tires will be needed prior to the end of Fiscal Year 2024. These tires are critical to ensuring that the Police Department, Fire Rescue Department and Solid Waste Department can continue providing uninterrupted services to the residents of the Village of North Palm Beach. In accordance with the Village’s purchasing policies and procedures, Village Council approval is required for a purchase order when the aggregate fiscal year spending to a single vendor exceeds $25,000: “Blanket purchase orders in excess of $25,000 shall be approved by the Village Council, provided, however, that blanket purchase orders in excess of $25,000 and up to $50,000 shall be placed on the Consent Agenda.” The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department / Division Account Number Account Description Amount General Public Works/ Fleet A5522-35221 Tires & Tubes $50,000 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution increasing the FY 2024 blanket purchase order issued to Tire Soles of Broward, Inc. to $50,000, with funds expended from Account No. A5522-35221 (Fleet – Tires & Tubes), in accordance with Village policies and procedures. RESOLUTION 2024- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER WITH TIRE SOLES OF BROWARD, INC. IN THE TOTAL AMOUNT OF $50,000 FOR THE PURCHASE OF TIRES FOR VILLAGE VEHICLES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase orders for materials purchased over a certain period of time not to exceed a single fiscal year; and WHEREAS, the Village issued a blanket purchase order to Tire Soles of Broward, Inc. in the amount of $25,000 for the purchase of tires for Village vehicles; and WHEREAS, Village Staff estimates that an additional $25,000 will be required for the current fiscal year, and the Village’s purchasing policies and procedures require that blanket purchase orders in excess of $25,000 and up to $50,000 be placed on the Village Council consent agenda for approval; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a $25,000 increase in the blanket purchase order issued to Tire Soles of Broward, Inc. for a total amount of $50,000 for Fiscal Year 2024, with funds expended from Account No. A5522-35221 (Public Works/Fleet – Tires & Tubes). Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2024. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jamie Mount, P.E., Assistant Director of Public Works DATE: April 25, 2024 SUBJECT: RESOLUTION – Acceptance of proposal from Ranger Construction Industries, Inc. to provide milling and resurfacing of a select portion of Anchorage Park and authorizing the execution of a Contract. Anchorage Park is in need of milling and resurfacing in the existing boat wash parking area and the parking area leading from the boat wash west to the boat ramp. The existing pavement within these limits is approximately 1430 square yards in total area and exhibits signs of pavement distress, including cracking, raveling, and potholing. This distress results in water intrusion infiltrating the pavement roadbed leading to further distress and eventual failure. Milling and resurfacing the existing parking area will extend the service life of the existing parking lot and will improve overall park aesthetics. Please refer to the attached map for an approximation of the limits of proposed work identified above. Village staff solicited three (3) quotes to perform this work from the following contractors: 1. DMI Paving & Sealcoating - $47,669.00 2. J.W. Cheatham - $52,645.00 3. Ranger Construction Industries - $44,291.00 As demonstrated above, Ranger Construction Industries provided the lowest quote. Village staff recommends award of this contract to Ranger Construction Industries. The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Ac count Information: Fund Department / Division Account Number Account Description Amount Infrastructure Surtax Public Works / Streets & Grounds Maintenance I7321- 66210 Construction & Major Renovation $44,291.00 Contingency $0.00 Total w/ Contingency $44,291.00 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution accepting a proposal from Ranger Construction Industries, Inc., to provide milling and resurfacing of a select portion of Anchorage Park and authorizing the execution of a contract in an amount not to exceed $44,291.00, with funds expended from the Infrastructure Surtax Fund Account No. I7321-66210 (Public Works/Streets & Grounds - Construction & Major Renovation), and authorizing the Mayor and Village Clerk to execute a Contract for such services in accordance with Village policies and procedures. RESOLUTION 2024- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM RANGER CONSTRUCTION INDUSTRIES, INC. FOR MILLING AND RESURFACING AT ANCHORAGE PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village solicited written quotes for milling and resurfacing of the existing boat wash parking area and the parking area leading from the boat wash west to the boat ramp within Anchorage Park; and WHEREAS, Village Staff recommended accepting the lowest cost proposal submitted by Ranger Construction Industries, Inc. to perform the work; and WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal from Ranger Construction Industries, Inc. for milling and resurfacing at Anchorage Park at a total cost of $44,291.00, with funds expended from Account No. I7321-66210 (Public Works/Streets & Grounds - Construction & Major Renovation), and authorizes the Mayor and Village Clerk to execute the Contract, a copy of which is attached hereto and incorporated herein. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2024. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 7 CONTRACT This Contract is made as of this _______ day of ______________, 2024, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter “VILLAGE”), and RANGER CONSTRUCTION INDUSTRIES, INC., a Florida corporation, 101 Sansbury’s Way, West Palm Beach, Florida 33411 (hereinafter “CONTRACTOR”). RECITALS WHEREAS, the VILLAGE solicited written quotations for milling and resurfacing of the existing boat wash parking area and the parking area leading from the boat wash west to the boat ramp within Anchorage Park (“Work”); and WHEREAS, the VILLAGE wishes to accept the written quotation submitted by CONTRACTOR, and CONTRACTOR has agreed to perform the Work in accordance with the terms and conditions of this Contract. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties h ereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. CONTRACTOR’s Services and Time of Completion. A. CONTRACTOR shall perform the Work in accordance with its Quotation dated March 21, 2024, which is incorporated herein by reference. B. This Contract shall remain in effect until such time as the Work is completed, inspected, and accepted by the VILLAGE, provided, however, that any obligations of a continuing nature shall survive the expiration or termination of this Contract. C. The total cost of the Work shall not exceed Forty-Four Thousand Two Hundred and Ninety-One Dollars and No Cents ($44,291.00). D. The services to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to CONTRACTOR to proceed and shall be completed within ninety (90) calendar days. 3. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(C) above without prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s representative, indicating that goods and services have been provided and rendered in conformity Page 2 of 7 with this Contract, and they then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 4. Insurance. During the term of this Contract, CONTRACTOR shall maintain the following minimum insurance coverages and provide certificates evidencing such coverage to the Village (all insurance policies shall b e issued by companies authorized to do business under the laws of the State of Florida): A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $1,000,000 per occurrence to protect CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract. B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit for bodily injury and property damages liability to protect CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles. C. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer’s Liability Insurance for all employees as required by Florida Statutes. D. All insurance, other than Worker’s Compensation, Automobile and Professional Liability Insurance, to be maintained by CONTRACTOR shall specifically include the VILLAGE as an “Additional Insured”. 5. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. Page 3 of 7 B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants, and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants, and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Contract for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in Section 768.28, Florida Statutes. 6. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits and comply with all applicable federal, state, and local laws, regulations, and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 7. Warranty/Guaranty. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following completion of the Work and successful final inspection or as otherwise set forth in the Estimate. Should any Work fail to comply with this warranty during the warranty period, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR’s sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. 8. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 9. Protection of Work and Property. A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and shall protect the VILLAGE’s property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such protection. B. Until acceptance of the Work by the VILLAGE, the VILLAGE’s property shall be under the Page 4 of 7 charge and care of CONTRACTOR and CONTRACTOR shall take every necessary precaution against injury or damage to the work by the action of elements or from any other cause whatsoever, and CONTRACTOR shall repair, restore and make good, without additional Work occasioned by any of the above causes before its completion and acceptance. C. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. 10. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Work performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s sole direction, supervisi on, and control. CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. C. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties knowingly, voluntarily and intentionally waiver any right they may have to trial by jury with respect to any litigation arising out of this Contract. D. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. E. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. F. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. Page 5 of 7 G. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. In the event of a conflict between this Contract and CONTRACTOR’s Estimate, the terms of this Contract shall control. H. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. I. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: (1) Keep and maintain public records required by the VILLAGE to perform the service. (2) Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. (4) Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public Page 6 of 7 records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. J. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. K. CONTRACTOR acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submits, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, or subcontractor with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. CONTRACTOR will advise the VILLAGE immediately if it becomes aware of any violation of this statute. L. CONTRACTOR certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List and are not engaged in the boycott of Israel. Pursuant to Section 287.135, Florida Statutes, the VILLAGE may immediately terminate this Contract at is sole option if CONTRACTOR or any of its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of this Contract. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. RANGER CONSTRUCTION INDUSTRIES, INC. By: Print Name:__________________________ Position:_____________________________ Page 7 of 7 VILLAGE OF NORTH PALM BEACH By: ________________________________ SUSAN BICKEL MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY Ranger Construction Industries, Inc. 101 Sansbury's Way West Palm Beach, FL 33411 Phone: (561) 793-9400 Fax: (561) 790-4332 www.rangerconstruction.com Submitted To:Village of North Palm Beach Date: Phone: Address:645 Prosperity Farms Road Fax: North Palm Beach, 33408 Job Name: Job Location: Contact:Jamie Mount Prop. Owned By: ITEM No.DESCRIPTION QUANTITY UNIT UNIT PRICE MOBILIZATION 1.000 LS $5,000.00 10 Superpave asph.conc.SP 12.5 lev C 168.00 TN $120.00 or Type SI (0-200 Tons order) 27 2" Mill existing asphalt (<5,000 SY)2.00 1/2 D $8,000.00 26 Portable milling machine 8.00 HR $230.00 Bituminous adjustment (March index)$1,291.00 TOTAL $44,291.00 Special Note(s): ACCEPTED:CONFIRMED: Buyer Signature Signature Date Accepted Name & Title $1,840.00 Beatriz Ramirez, Estimator Ranger Construction Industries, Inc. Authorized 3) Asphalt quantity based on an average yield of 240 lb/sy of 2" laydown. (1,400 SY) 4) This quotation does not include permanent Striping. The above prices, specifications and conditions are satisfactory and are hereby accepted. EXTENSION $20,160.00 $16,000.00 1) Asphalt prices based on Annual Asphalt milling and resurfacing PBC 2021050 2) Quantities based on preliminary information, billing based on final quantities verified from plant weight tickets. ANCHORAGE PARK - PARKING AND DRIVE $5,000.00 21-Mar-24 (561) 296-1077 Anchorage Park - Parking and drive Village of North Palm Beach QUOTATION REQUEST Central Division 101 Sansbury’s Way West Palm Beach, FL 33411 Phone: (561) 793-9400 Fax: (561) 790-4332 www.rangerconstruction.com Page 1 of 1 AREA TO BE MILLED & RESURFACED = 1430 SY ANCHORAGE PARK VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES DATE: January 23rd, 2024 CALL TO ORDER Chair Bonnie Jenkins called the meeting to order at 7:02 PM. ROLL CALL Present at the meeting were: Bonnie Jenkins, Chair Carolyn Kost, Member Phyllis Wissner, Member Tina Chippas, Member Brad Avakian, Member Christine DelGuzzi, Member Leslie Metz, Member-Absent Julie Morell, Library Manager APPROVAL OF MINUTES The November minutes were reviewed, Carolyn Kost motioned for approval, Tina Chippas seconded, and unanimously passed. MANAGER’S REPORT Children’s Programming: Weekly story times with an average of 24 attendees. Junior League Saturday story times from 10 to noon. School across the street continues book readings and book take-home. Weekly kids arts and crafts on Thursdays with about 19 attendees. Art appreciation on the third Friday of the month with around 14 kids and parents. Tween crafts and Snack Attacks completed; new season planning underway. Snack Attacks had about 20 children per session, with a recent activity of making 'dirt cups'. Teen Programming: Teen volunteers assisting with library maintenance, including shelf dusting. Adult Programming: Knit and crochet group meeting on Mondays with up to 19 attendees. Great Courses on Ireland and Northern Ireland on Tuesdays with around 9-10 attendees. Silent film in December had 5 attendees. Book Clubs discussed "The Covenant of Water" and "Tom Lake." Crafts for adults included pine cone ornaments and Valentine's Day lavender sachets. Introduction of Paint and Sip events on Thursdays. Author speak event with Susan Shapiro and Microsoft Word class scheduled. AARP tax help sessions offered on Wednesdays and Fridays. Special Events: Santa’s trolley ride nights event held. Facilities: Installation of new ceiling tiles and replacement of an old toilet. Statistics: E-statistics for cloud library and Libby showing good results. Service Changes: Discontinuation of Rosetta Stone in favor of Mango Languages. NEW BUSINESS Discussion about awareness of legislation regarding library content in other states. OLD BUSINESS None. MEMBER COMMENTS No additional comments. STAFF COMMENTS No staff comments. ADJOURNMENT Carolyn Kost motioned to adjourn the meeting and Brad Avakian seconded the motion. The meeting was adjourned at 7:17 PM. VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES DATE: February 27, 2024 CALL TO ORDER The meeting was called to order at 7:01 PM by the Chair. ROLL CALL Present at the meeting were: Bonnie Jenkins, Chair Phyllis Wisner, Member Carolyn Kost, Member Judy Pierman, Council Member Tina Chippas, Member Brad Avakian, Member Julie Morrell, Library Manager APPROVAL OF MINUTES The minutes from the last meeting were reviewed. A motion to accept the minutes was made, seconded, and passed unanimously. MANAGER’S REPORT - Julie Morrell Facilities: Upstairs staff toilet replaced. Little Library at Anchorage Park removed and plans for replacement are underway. Staffing and Boards: Announcement of Children's Librarian Megan Hurd's departure. Board member Leslie Metz stepping down due to schedule constraints. Children’s Programming: Continuation of weekly storytimes, Junior League collaborations, and arts and crafts sessions. Tween Crafts and Snack Attack programs on temporary hold. Teen Programming: Ongoing support from teen volunteers after school. Adult Programming: Highlights include the Great Courses Series on Ireland and Northern Ireland, DIY tile coaster craft session, and music performance by Jack Jacobs. Friends of the Library: Successful book sale with a revenue of $3,570, showing a steady increase over the past years. Statistics: Physical circulation increased in January, while e-circulation saw a slight decrease. NEW BUSINESS Discussion and reminders about the advisory board dinner on March 16. Members are encouraged to respond to invitations. OLD BUSINESS No old business to discuss. MEMBER COMMENTS No member comments. STAFF COMMENTS No staff comments. ADJOURNMENT The meeting was adjourned at 7:16 PM. 1 THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office THE BEST PLACE TO LIVE UNDER THE SUN” Environmental Committee Meeting MINUTES Anchorage Park Monday, Feb 5, 2024 6:00pm 1. Call to Order: Lisa Interlandi called the meeting to order at 6:02 pm. 2. Roll Call: Present: Kendra Zellner, Brian Bartels, Ellen Allen, Shawn Woods, Mary Phillips, and Lisa Interlandi Absent: Also Present: Marc Holloway, Field Operations Manager, and Karen Marcus, Councilwoman 3. The Minutes of the January 8, 2023, regular meeting was approved. 4. Public Comments – 5. Community Garden Update – Arbor Day event had a good turnout and was a success. 6. HB 105- Tobacco Free Florida- Guest Speaker Reginald Brown from the Dept. of Health. HB105 of July 2022 passed and gave authority back to the municipalities regarding tobacco use. He advised that North Palm Beach may further restrict, except for unfiltered cigars, within beaches and parks. Town of Palm Beach and the City of Delray have adopted this policy. He provided the ordinance from the City of Delray that we can review and provide to council. He said he can provide signage. 7. Florida Green Building Coalition- Guest Speaker Juliette Desfeux, board member of Green Building Coalition, and senior project manager in sustainability. She advised that we could integrate certification in code, which covers various construction elements. The most recognized is LEED certification, and local is FGBC. This is a point-based system. The more points equate to a higher level of certification. The average cost is between 1-2% to meet the basic level. Lisa will pull the code for the cities that adopted this certification. Palm Beach County is Leed certified and so is Dania Beach. 2 8. Residential Landscape Code- Caryn advised the committee of our options with adopting new landscape codes. Mary will email her our requests for tree removal permit. 9. Lakeside Park Erosion- Zak is still investigating the necessities to restore Lakeside Park and awaiting a proposal. 10. Dead Trees at Anchorage Park- A tree was cut down after the pine needles dropped off the tree. Marc will communicate to Zak that the committee wants replacement pine tree installed in Anchorage Park. 11. Bird Village- Kendra is speaking with avian ecologists and the Audubon members regarding house recommendations. Shawn will be working to get plants donated for the event. A decision needs to made regarding straps for installation. We can reach out to draft house to Earth Day/Bird Village event. Mary will contact Mounts. 12. Pesticide/fertilizer laws- none. 13. SWA zoom tour- none. 14. Earman River drone video- none. 15. Speaker Series- The next speaker is FPL is February 17. Karen will work on getting someone for May 4th. 16. Previous newsletter- Last was about recycling bins needing to be left at the side of the house, breakdown boxes and no Styrofoam in recycling. Next is no balloons at the parks. 17. Member Comment- Motion was made to add a banner for no balloons at the park. 18. Staff Comment- 19. Next meeting- The next meeting will be on Mar 4, 2023 at 6:00 pm at Anchorage Park 20. Adjournment- the meeting adjourned at 7:16 pm 3 1 THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office THE BEST PLACE TO LIVE UNDER THE SUN” Environmental Committee Meeting MINUTES Anchorage Park Monday, March 4, 2024 6:00pm 1. Call to Order: Karen Marcus called the meeting to order at 6:01 pm. 2. Roll Call: Present: Karen Marcus, Kendra Zellner, Brian Bartels, Ellen Allen, Shawn Woods, Mary Phillips, and Lisa Interlandi Absent: Also Present: Marc Holloway, Field Operations Manager 3. The Minutes of the February 5, 2023, regular meeting was approved. 4. Public Comments – 5. Community Garden Update – No update. They have a list of items they want that Karen will provide to Zak. 6. Comp Plan Brief- Alex Ahrenholz from Jmorton is tasked with updating elements of comprehensive plan for North Palm Beach. Every 7 years they need to be updated. The committee recommended we add verbiage regarding water quality from the Lake Worth Lagoon to the elements, conservation easement in MacArthur Beach Park, native canopy, and oyster beds to increase water quality. Lisa will review the plan from Riviera Beach and compare it to what North Palm Beach currently has so we can find other elements that we could add. Alex will provide the draft after all other committees review it. 7. Lakeside Park Erosion- Katherine from Environmental Quality Inc. recommends adding an offshore living shoreline. She provided 2 proposals for a short-term fix for beach erosion at Lakeside Park. Karen and Lisa recommended doing what we can to save the seagrape trees and add pathways as part of the plan. Katherine will look into the cost and the Village will look into finding a grant for the living shoreline. There is a permit process for adding more sand to Lakeside Park beach that Katherine will also look into. 2 8. HB 105- Tobacco Free Florida- no update. Marc will follow up. 9. Florida Green Building Coalition- Lisa will provide codes at the next meeting. 10. Bird Village- Kendra, Mary and Zak a meeting with Keely about native plant donations. She will provide a satellite image of the park and create plans. Kendra, Mary, Lisa, Zak, and Stephen had a meeting with the Audubon representatives. They are happy with the plans for the project and provided feedback and recommendations. Cotton webbing straps were selected. They have the list of trees for the tree giveaway. Need to know who from the Committee will be available to help for the Grand Opening. Karen will talk to Draft House about food for the event. Karen, Lisa, Kendra, and Mary can volunteer for the event. Shawn said she will let us know. 11. Residential Landscape Code- Mary was going to send the previous landscape code to Caryn for review. 12. SWA zoom tour- We will do this in the summer. 13. Speaker Series- Marc will ask the waterway board to see if they are interested in a speaker series about living shoreline. Possibly for May 4th. 14. Previous newsletter- Last was about no Styrofoam in recycling but cannot specifically use the name Styrofoam since it is a brand. Write about the speaker series about living shoreline and dock side oyster bed to clean water. 15. Member Comment- Shawn is resigning from the committee since she relocated and no longer lives in North Palm Beach. 16. Staff Comment- Marc advised that Chuck is adding a marine code officer. Marc also advised that the Village Condo building has significant erosion due to lack of maintenance that is on private property. The seawall on Monet road needs to be repaired, however, there is a yacht attached to the seawall which likely is the reason for the seawall problem. The boat owner owns a small portion of the land under the water where part of the boat is parked. 17. Next meeting- The next meeting will be on April 1, 2023 at 6:00 pm at Anchorage Park 18. Adjournment- the meeting adjourned at 7:46pm 3 MINUTES OF THE INFRASTRUCTURE SURTAX OVERSIGHT COMMITTEE MEETING ON TUESDAY, FEBRUARY 13, 2024 1. Call to Order: Vice Chairperson Sullivan called the meeting to order at5:32 p.m. 2. Roll Call: Present: Cathy Graham, Mary Phillips, Patty Sullivan and Brigid Misselhorn Absent: Karen Marcus Also Present: Chad Girard, Director of Public Works, Jamie Mount, Assistant Director of Public Works, and Vice Mayor Deborah Searcy 3. Minutes of the September 25, 2023 meeting were approved with a Motion made by Mary Phillips and seconded by Brigid Misselhorn and passed unanimously. 4. Public Comments: None 5. New Business: Chad Girard discussed the Village’s asphalt resurfacing project with a request for funds of $1,250,000.00. Jamie Mount advised the Committee further on the project. The Committee was advised that staff are requesting the funding to take advantage of the Palm Beach County contract pricing from 2021, when the project was bid, in order to pave more roads. The current contract runs out in August of 2024, and asphalt prices have increased significantly over the course of the contract. A discussion was had by the Committee, Chad Girard and Jamie Mount about this matter. Vice Chairperson Sullivan called for a motion on this request. A Motion was made by Mary Phillips and seconded by Brigid Misselhorn to approve the allocation of $1,250,000.00 of surtax funds for the asphalt resurfacing project and the Motion waspassed unanimously. 6. Further New Business: Chad Girard then discussed the Surtax Continuation Resolution. This matter was discussed by the Committee. Vice Chairperson Sullivan called for a motion on this request. A Motion was made by Cathy Graham and seconded by Mary Phillips to approve the Surtax Continuation Resolution and the Motion waspassed unanimously. 7. Adjournment: There being further business, the meeting was adjourned at 6:01 p.m. Minutes submitted by Cathy Graham, Secretary, on February 16, 2024 THE VILLAGE OF NORTH PALM BEACH PLANNING, ZONING AND ADJUSTMENT BOARD REGULAR MEETING MINUTES TUESDAY, FEBRUARY 6, 2024 at 6:30 PM Present Donald Solodar, Chair Cory Cross, Vice Chair Jonathan Haigh, Member Scott Hicks, Member Thomas Hogarth, Member (at 6:53 p.m.) Nathan Kennedy, Member Village Staff Len Rubin, Village Attorney Caryn Gardner-Young, Community Development Director Estefany Camargo, Executive Assistant 1. CALL TO ORDER Chair Solodar called the meeting to order at 6:30 p.m. a. ROLL CALL Roll was called, and it was determined a quorum was present. 2. DELETIONS, ADDITIONS, OR MODIFICATIONS TO THE AGENDA Chair Solodar suggested an item be added following Staff Updates to allow for Board Comments. 3. PUBLIC COMMENT FOR NON-AGENDA ITEMS Chris Ryder, 118 Dory Road South, spoke regarding 200 Yacht Club Drive. He discussed the October and November agenda packets and errors within them, as well as discrepancies in the staff reports. He stated the Board needed more time to be properly prepared for meetings. 4. APPROVAL OF MINUTES a. DECEMBER 5, 2023 Dr. Kennedy motioned to approve the December 5, 2023 minutes as presented, seconded by Mr. Hicks. The motion passed unanimously (5-0). b. JANUARY 2, 2024 Mr. Cross motioned to approve the January 2, 2024 minutes as presented, seconded by Mr. Hicks. The motion passed unanimously (5-0). 5. DECLARATION OF EX-PARTE COMMUNICATIONS No ex-parte communications were reported or disclosed. 6. QUASI-JUDICIAL MATTERS/PUBLIC HEARING Village Attorney Len Rubin swore in those wishing to provide testimony. The Village of North Palm Beach February 6, 2024 Planning, Zoning and Adjustment Board Page 2 of 4 a. SITE PLAN AND APPEARANCE REVIEW i. NEW BUSINESS 1. 324 SOUTHWIND DRIVE (EXTERIOR BUILDING COLOR) Larry Rowe, LB Rowe. Inc. presented a proposal on behalf of the property owner for Site Plan and Appearance Review approval to change the exterior building color scheme for the building located at 324 Southwind Drive. Member comments Ms. Gardner-Young shared the staff report with recommendations for approval with conditions. Mr. Hicks asked for clarification on what would be painted. Mr. Rowe and Ms. Gardner-Young explained. Thomas Hogarth joined the dais at 6:53 p.m. Mr. Haigh motioned to approve the application, seconded by Mr. Hicks. The motion passed unanimously (6-0). 2. 555 NORTHLAKE BOULEVARD (FLAGLER BANK) Andrea Shealy, Ferrin Signs, presented a proposal on behalf of the property owner for Site Plan and Appearance Review approval for a face replacement of an existing monument sign and modification of two (2) building signs for the property located at 555 Northlake Boulevard due to a change in the name. Member comments Ms. Gardner-Young shared the staff report with recommendations for approval with conditions. Mr. Hogarth asked if this was an amendment to a Planned Unit Development (PUD). Ms. Gardner-Young stated it was approved through the PUD, but changes to existing signs do not require amendments. Mr. Cross inquired as to the plans for the sign lettering. Ms. Shealy clarified. Mr. Cross asked whether the lettering at the bottom of the sign could be accommodated under the Village Sign Code. Ms. Gardner-Young stated the name on the sign was the full name of the bank. Mr. Hicks asked if any of the landscape details would be changed. Ms. Gardner-Young stated she did not believe so. She suggested the addition of a condition that the landscaping be in compliance. Mr. Haigh noted the planting materials were not specified and commented that the Board should revisit the plant height requirements. Mr. Cross motioned to approve the application, seconded by Mr. Hicks. The motion passed unanimously (6-0). The Village of North Palm Beach February 6, 2024 Planning, Zoning and Adjustment Board Page 3 of 4 3. EXPIRATION OF SITE PLAN AND APPEARANCE APPROVAL CODE AMENDMENT Ms. Gardner-Young explained the Village Code does not currently address the expiration of Site Plan and Appearance Review approvals. She reviewed the proposed changes to the time frame and extensions and stated staff was recommending approval of the proposed ordinance change. Member comments Chair Solodar asked how the Twin City Mall project might be impacted by this change. Mr. Rubin explained the phasing would be set forth, so the ordinance would apply to the individual site plans. Dr. Kennedy asked if staff would be following this and could notify entities when the clock was running out. Ms. Gardner-Young advised that staff could advise the applicant. Mr. Rubin added that the timeline would also be included in a development agreement. Mr. Hogarth asked if the intent was that the change be retroactive. Ms. Gardner-Young advised it would only be going forward. Mr. Hogarth asked for clarification on the twenty-five (25%) percent infrastructure expenditure. Ms. Gardner-Young explained further. Mr. Hogarth advised that it may be a layer of regulation that was not needed. Mr. Haigh asked how infrastructure was being defined, and whether the applicant would have to submit cost estimates. Ms. Gardner-Young noted the estimate was also required for other steps in the process. Mr. Haigh asked whether the extension was indefinite. Ms. Gardner-Young confirmed this was correct. Mr. Cross expressed concern that the issuance of the building permit was used as a measure, because the applicant does not always have control over how fast that process is. Mr. Hicks asked the history of the Code and whether it had been successfully applied in other municipalities. Mr. Rubin stated most jurisdictions have a similar Code. Orlando Puyol, 149 Ebbtide Drive, commented that there is never a project that goes through the application process and begins as quickly as possible. He suggested the Board spend more time with the rewrite. Chris Ryder, 118 Dory Road South, stated the agenda did not match what was published, and questioned how long the Board members had the agenda materials to review. He asserted there should be a cutoff date. Chair Solodar asked for clarification on next steps. Ms. Gardner-Young stated there would be two (2) readings before the Village Council. Mr. Hogarth motioned to approve the amendment as submitted. The motion died for lack of a second. The Village of North Palm Beach February 6, 2024 Planning, Zoning and Adjustment Board Page 4 of 4 ii. OLD BUSINESS 1. PZAB YEAR MEETING SCHEDULE Ms. Gardner-Young shared the meeting schedule for 2024. Chair Solodar highlighted September and November as meetings that should be rescheduled due to conflicts with Labor Day and Election Day. Consensus was to move the meetings forward one (1) week. 7. STAFF UPDATES None. 8. BOARD COMMENTS Chair Solodar recognized Kathryn DeWitt for her years of admirable service on the Board. Mr. Hicks inquired about agenda items for the March meeting. He advised that he would not be present. Dr. Kennedy asked the process for filling Ms. DeWitt’s seat. Mr. Rubin explained Council would likely address it with the annual board appointments in April. 9. ADJOURNMENT With no further business before the Board, Chair Solodar adjourned the meeting at 7:11 p.m. THE VILLAGE OF NORTH PALM BEACH PLANNING, ZONING AND ADJUSTMENT BOARD REGULAR MEETING MINUTES TUESDAY, MARCH 5, 2024 at 6:30 PM Present Donald Solodar, Chair Jonathan Haigh, Member Thomas Hogarth, Member Nathan Kennedy, Member Absent Cory Cross, Member Scott Hicks, Member Village Staff Len Rubin, Village Attorney Caryn Gardner-Young, Community Development Director Estefany Camargo, Executive Assistant 1. CALL TO ORDER Chair Solodar called the meeting to order at 6:30 p.m. a. ROLL CALL Roll was called, and it was determined a quorum was present. 2.DELETIONS, ADDITIONS, OR MODIFICATIONS TO THE AGENDA There were no modifications to the agenda. 3.PUBLIC COMMENT FOR NON-AGENDA ITEMS John Samadi, 512 Marlin Road stated he was alarmed that Village staff was treating the Village as a large metropolitan city, and taking small-town charm away. He hoped the Board is not influenced by council/staff, but will do the right thing. 4.APPROVAL OF MINUTES There were no minutes brought up to the board. 5.DECLARATION OF EX-PARTE COMMUNICATIONS No ex-parte communications were reported or disclosed. 6.QUASI-JUDICIAL MATTERS/PUBLIC HEARING Village Attorney Len Rubin swore in those wishing to provide testimony. a.PUBLIC HEARING i.SCREENING OF MECHANICAL EQUIPMENT ZONING TEXT AMENDMENT Ms. Gardner-Young provided a brief overview of the code and proposed language for the Screening of Mechanical Equipment located in a side yard for The Village of North Palm Beach March 5, 2024 Planning, Zoning and Adjustment Board Page 2 of 3 residential properties. Mechanical Equipment is anything pertaining to water supply, heating ventilation, air conditioning, etc. The intention is to screen mechanical equipment from the Right of Way and adjacent properties. Screening must be opaque in nature and can consist of a fence, a wall or landscaping. Fences need to be constructed in conformity with Florida Building Code and walls must blend in with the architecture of the building. If the item is less than 10' it is asked that screening be accomplished through vegetation since it would not be wide enough to put in a fence or a wall. Member Comments Dr. Kennedy asked to show examples where this is an issue and if complaints had come in. Ms. Gardner-Young stated there were complaints and permits found that did not have screening. He also asked if this revision would start with new permit applications and units, as opposed to asking new homeowners to conform to the code. Ms. Gardner-Young believed the revisions to be for new permits, units and new construction, but would confirm. Ms. Gardner-Young also discussed the similarities to codes adopted in Jupiter and Lake Park. Dr. Kennedy commented he felt the changes might be too much for existing clients. Mr. Hogarth commented this would not be a solution to a noise problem. Mr. Haigh agreed and noted there are too many regulations already. Mr. Haigh questioned if there was a difference with the a/c unit in the front yard and if it would apply to a corner lot, to which Ms. Gardner-Young replied no, only side yards. Mr. Haigh continued the code, as it is written today, is inconsistent in wording and how it is applied. Chair Solodar agrees with the Board & Mr. Hogarth. To just apply for the future is not practical. Transfer of ownership would consider requiring new homeowners to meet provisions. Chair Solodar recommends looking for other ways to solve the problem. Mr. Haigh asked if the rules apply to non-residential. Ms. Gardner-Young noted typically, there is a landscape plan done through the site plan process for a commercial property. Mr. Haigh commented that it may need to be addressed or we relying on a site plan comment that is not really a code requirement. Chair Solodar asked if anyone in the public would like to comment. Public Comments Mr. Samadi, 512 Marlin Road, reviewed the graphic and there seems to be a conflict. Graphic states 10’ minimum, but Sec M states to setback. It does include standby generators at minimum 10’ side yard. Mr. Samadi mentioned he would like to see screening for garbage cans. He asked if the mechanical equipment is uglier than garbage cans. The Village of North Palm Beach March 5, 2024 Planning, Zoning and Adjustment Board Page 3 of 3 Ms. Gardner-Young agreed with Mr. Samadi and indicated it is 10’ from the building. Equipment setbacks are addressed in their development order. Mr. Haigh replied there is a section about screening storage and garbage collection sites that doesn’t specifically specify residential or non-residential. Are we assuming that also applies to residential? Dr. Kennedy commented that garbage collectors would like to have easy access to garbage. Mr. Orlando Puyol , 149 Ebbtide Drive, stated he agreed with some of the comments regarding moving forward in the future with new construction as opposed to residents that already have their units in place. Chair Solodar asked if somebody wants to make a motion or have staff review and come back at another time. Mr. Hogarth motioned to deny the proposed ordinance, seconded by Mr. Haigh. The motion was denied unanimously (4-0). 7.STAFF UPDATES a.JOINT MEETING LAKE PARK – MARCH 25, 2024 i.Ms Gardner-Young stated as soon as she has materials and notice, she will send out. b.APRIL MEETING i.The next meeting is scheduled for April 2, 2024 ii.Mr. Hogarth stated he will be out of town on April 2nd 8.BOARD MEMBER COMMENTS There were no additional comments. 9.ADJOURNMENT With no further business before the Board, Chair Solodar adjourned the meeting at 7:00 p.m. VILLAGE OF NORTH PALM BEACH WATERWAYS ADVISORY BOARD DRAFT MEETING MINUTES Village Hall Conference Room Feb. 27. 2024 5:30 PM I.CALL TO ORDER – Jerry Sullivan, Acting Chair II. ROLL CALL – MEMBERS : Present: Mark Michels, Secretary Bruce Crawford George Alger Marty Domenech Diane Wimbrow Absent: Paul Bartlett, Vice Chair III. VILLAGE GUESTS : Mark Holloway, WAB Liaison Debbie Searcy, Council person Karen Marcus, Council person IV. APPROVAL OF MINUTES: from Jan. 30. Approved 6-0 without edit V. PUBLIC COMMENTS Chris Ryder- suggested his interpretation of a referenced engineering report indi- cates the Village is not obligated to dredge canals. He later also referenced a UF Law School white paper “Anchoring Away” which updates current legal issues re- garding transient anchoring in Florida and promised to forward to WAB members. Orlando Puyol- 141 Ebbtide: indicated he had been working cooperatively on the 12 Oaks residents’ complaints about transient boaters. Karen Marcus made several comments about cooperating with the Environmen- tal Committee and Commissioner Marino’s office to coordinate concerns about transient boaters. Chris Marchesani added potential benefit of organizing educational and joint meeting with Lake Worth Water-Keepers, the NPB Environmental Committee VI. NEW BUSINESS – Possible Marine Police and EMS Sub Station Monet Road WAB to consult with Police Chief to gauge interest. Concern raised when Light- house Bridge construction begins regarding access to Emergency Svcs. There may be limited need for consideration of this due to cross coverage from other agen- cies. Staff recommended deferral of further consideration until May meeting. MacArthur State Park Member Alger suggested cooperative educational and awareness event for public to elevate public awareness of waterways and resource protection. Ideas to con- sider could include dovetail with Village Fishing tournament with Kayak Paddle Fest, food, education booths etc. to coordinate with Environmental and Rec Board VII. OLD BUSINESS – Live Aboard boats near Old Port Cove: Mr. Holloway reports PBSO has limited capacity to address these concerns. Pledges to work with Police Chief and law enforcement to find solutions. Re- stricted parking at Publix plaza, DOT fence and signage placement, placement of rocky obstruction and mangroves all discussed and in evolution. Suggested marine code enforcement officer. Discussed possible boats for this purpose in addition to new police boat. Village to notify residents of possible better enforcement if area annexed by NPB. Sediment analysis from dredging Was not completed by contractor as there was no gross evidence of contamination Investigation on Monet Rd. Yacht Appears that yacht is legally moored but question regarding power source remains to be elucidated VIII. MEMBER COMMENTS None IX. STAFF COMMENTS None X. ACTION ITEMS 1. WAB to be apprised of Rec Board and Environmental Board meeting dates (Mr. Holloway) to begin coordination for MacArthur Waterways Awareness Program (Mr. Al- ger) and to study sea grass, waterway environmental health. (Dr. Michels) 2. Present resolution regarding plat issues to NPB Council. (Mr Holloway) 3. Ongoing exploration of options to ensure safety of Old Port Cove area transient vessels and protection of surrounding underwater assets (Ms. Wimbrow and Dr. Michels, Mr. Holloway) XI. ADJOURNMENT XX PM Respectfully submitted, Mark Michels VILLAGE OF NORTH PALM BEACH GOLF ADVISORY BOARD Minutes of March 11, 2024 I. CALL TO ORDER A. The meeting was called to order by Chairman Steve Mathison at 6:00 p.m. II. ROLL CALL A. Board: Present Absent Stephen Mathison – Chairman X Rich Pizzolato – Vice Chairman X Curtis Witters – Secretary X Landon Wells – Member X Orlando Puyol – Member X Sandra Felis – Member X Karen O’Connell – Member X B. Staff Members: Allan Bowman, Director of Golf X Beth Davis, General Manager X Lenore Dingle, Membership Coordinator C. Council Members: Susan Bickel Deborah Searcy Karen Marcus D. Public Present: David Norris NPB Golf Advisory Board Minutes of March 11, 2024 2 III. APPROVAL OF MEETING MINUTES Minutes of the February 13, 2024 GAB Meeting were approved 6-0. IV. ADMINISTRATIVE REPORTS Golf Report. Allan Bowman, Director of Golf, delivered his report. Our weather is improving and the grass is beginning to respond. The financial report for the fiscal year is not yet finalized by the auditor. The preliminary numbers for February show golf revenue up, merchandise sales down, range revenue up, and rounds up. Allan reminded up that February had an extra day this year. An additional metric is cumulative rounds to date. We had 2,595 last year and 2,402 this year. Allan suggested another metric be considered, a 5 Star year, a 4 Star year, etc. The fence across the back line of the empty lot on the 8th hole will be installed this week. This Thursday the new pond bank proposal and the new maintenance contract will go to the Village Council. A juvenile was found trespassing on the course in the evening and was issued a citation by the NPB Police. The department is stepping up enforcement regarding trespassing on the course. The Society of Seniors is planning to return to our course for an event in late 2025. A number of members have complained about the lack of availability of morning tee times. Allan asked whether we have too many members; 190 was the compromise number NPB Golf Advisory Board Minutes of March 11, 2024 3 selected a couple of years ago. The complaints began coming in during January. The Board discussed the issue of tee times and membership. Beth Davis reported that the Farmer’s Table lease expires in December of 2024. The tenant is required to give 180 days’ notice of its intention to renew. DISCUSSION TOPICS Orlando Puyol told the Board that the waiting list for membership should be published so that the club has transparency regarding where the applicants stand. After a discussion it was determined that the list should be published on a regular basis. IV. ADJOURNMENT The meeting was adjourned at 6:40 p.m. The next meeting will be April 8, 2024. Minutes by Curtis L. Witters, Secretary. Village of North Palm Beach Recreation Advisory Board Meeting MINUTES March 12, 2024 at 7:00 pm Anchorage Park 1) Call to Order: Chair Budnyk 2) Roll Call: Rita Budnyk, Jennifer Dumas, Ashley Knieriemen, Mia St John, Stephen Heiman. Staff member Zak Sherman present. Mayor Susan Bickel present. Christi Chane and Leigh Arwood absent. 2) Approval of Minutes: Motion to approve minutes made by Jennifer Dumas. Seconded by Ashley Knieriemen. 3) Public Comments: No public comments. 4) Director’s Report: Zak covered various topics including the potential redevelopment of the community center basketball courts into pickleball courts (not all of them but enough to fit 3-6 courts), the status of a new police boat and related marina adjustments, and the dry storage facility renovation, including the undergrounding of overhead lines in partnership with FPL and Seacoast. Additionally, the meeting touched upon upcoming Heritage Day festivities, boat ramp renovation plans, and environmental concerns at Lakeside Park. Concerning Lakeside, the report addressed erosion issues, with proposed short-term solutions like sand berms and riprap, and a long-term living seawall plan. The board also discussed operational details such as board appointments, recreational events planning, the Country Club tennis court renovation and their plan to utilize Anchorage Park tennis courts for 45-60 days, and staffing. 5) New Business:  Recreation and Open Space Comprehensive Plan Review - JMorton Planning & Landscape Architecture. Project Manager Alex Ahrenholz from JMorton provided an update on the Village Comprehensive Plan, emphasizing its current state of revision. Alex is actively engaging with various boards and committees to maintain open communication and gather input. During these discussions, he specifically ad dressed the Recreation and Open Space section of the plan, seeking feedback to ensure it accurately reflects community needs and priorities.  Heritage Day Update o Putting Competition Zak provided Heritage update and discussed putting competition. The Board wishes to participate again this year and asked staff to email a sign-up sheet with time slots. 6) Old Business:  Delinquent Dry Storage renters update Zak provided an update on the 8 delinquent renters. Two came in to pay, but have yet to complete paperwork; two gave up their spaces. Two do not have anything in storage at the moment, so it’s possible they are planning to give up their spaces too; and two others still have their trailers in the lot and have not responded. 7) Member Comments: None. 8) Staff Comments: Zak mentioned that all future board and committee meetings will take place in Council chambers. 9) Adjournment: Motion to adjourn made by Stephen Heiman. Seconded by Rita Budnyk. Meeting Adjourned at 8:13 p.m. Village of North Palm Beach Audit Committee Meeting Minutes March 12, 2024 Attending Marie Silvani, Vice Chair, Tom Andres, Dave Talley, Don Kazimir, Allen Kramer, Samia Janjua, Erica Ramirez and Terry Morton Minutes from the January 31st meeting was approved. There were no public comments. New Business: Terry Morton, auditor, reviewed the draft audit and will present it to the Council on March 28th. An Audit Committee representative will present their approval to the Council on April 11. The Budgeting process will be in May and Council workshops begin in July and August. Samia will submit to us a schedule, once one is available. The committee members are urged to attend meetings. The final budget will be completed in September. Our next meeting to elect officers for the Audit Committee will be May 7th at 5:30 in the Council’s Chambers. This will be a brief meeting. Old Business: None Member Comments: Don Kazimir and Ed Katz have announced their resignations. We thank them for their years of service to the committee. No Staff comments. The meeting was adjourned at 6:00 p.m. Respectfully Submitted, Marie Silvani, Vice Chair VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: April 25, 2024 SUBJECT: ORDINANCE 2nd Reading – Amending Section 2-1 of the Village Code of Ordinances to prohibit remote participation by Village board and committee members Through the adoption of Ordinance No. 2007-13 on July 12, 2007, the Village Council adopted a new Section 2-1 of the Village Code of Ordinances, setting forth the requirements and rules of general application for all Village boards and committees. As originally adopted, Section 2-1(f)(8) of the Village Code provided that members of Village boards and committees “shall attend all meetings in person and shall not participate as a member of any board or committee or vote on any matter by telephone, video conferencing, or any other electronic means.” This prohibition remained in effect until 2022. In response to the COVID-19 pandemic, the Village had been utilizing a video conferencing platform to allow for virtual participation by Councilmembers and members of the public, and the Village Council extended this option to board and committee members to the extent permitted by Florida law (which requires that a quorum be physically present. Through the adoption of Ordinance No. 2022-03 on January 27, 2022, the Village Council deleted Section 2-1(f)(8). At its March 28, 2024 meeting, the Village Council discussed the issue of remote participation by board and committee members and determined that it was in the best interests of the Village to require in person attendance. The Village no longer utilizes a video conferencing platform for Village Council meetings, and the Council determined that remote participation via telephone by board and committee members was ineffective and hampered full participation. The attached Ordinance readopts Section 2-1(f)(8) of the Village Code (as originally adopted in 2007) and prohibits members of Village boards and committees from participating as a member or voting on any matter by telephone, video conferencing, or other electronic means. The attached Ordinance has been prepared by this office and reviewed for legal sufficiency. There is no fiscal impact. At its April 11, 2024 meeting, the Village Council adopted the Ordinance on first reading without modification. Recommendation: Village Staff requests Council consideration and approval on second and final reading of the attached Ordinance amending Section 2-1 of the Village Code of Ordinances to prohibit remote participation by Village board and committee members in accordance with Village policies and procedures. Page 1 of 3 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF 4 CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES 5 BY AMENDING SECTION 2-1, “BOARDS AND COMMITTEES,” TO PROHIBIT 6 REMOTE PARTICIPATION BY MEMBERS OF VILLAGE BOARDS AND 7 COMMITTEES; PROVIDING FOR CODIFICATION; PROVIDING FOR 8 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, Section 2-1 of the Village Code of Ordinances governs the appointment and operation of 12 Village boards and committees; and 13 14 WHEREAS, the Village Council wishes to amend Section 2-1 to reinstate the prohibition against 15 advisory board and committee members participating as a member or voting by telephone, video 16 conferencing, or any other electronic means; and 17 18 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 19 of the Village and its residents. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 22 NORTH PALM BEACH, FLORIDA as follows: 23 24 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 25 26 Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 2, 27 “Administration,” of the Village Code of Ordinances as follows (additional language is underlined and 28 deleted language stricken through): 29 30 Sec. 2-1. Boards and committees. 31 32 (a) Purpose. The purpose of this section is to establish procedures for village 33 boards and committees. Except as specifically provided by law or ordinance, all boards 34 and committees are advisory only and the existence of such advisory boards and 35 committees does not diminish or alter the statutory or constitutional authority of the 36 village council. 37 38 (b) Scope. The provisions of this section shall apply to all village boards and 39 committees an shall govern the conduct of all members of such boards. 40 41 (c) Creation of advisory boards. The village council may, by ordinance, 42 create a board or committee in connection with any function of the village. The ordinance 43 creating such board shall specify the purpose, powers, and duties of the board. Nothing 44 set forth herein shall prevent the village council from creating ad hoc committees of 45 limited duration by resolution. 46 47 Page 2 of 3 (d) Records. Each board and committee shall maintain attendance records and 1 voting records of each member and shall forward such information to the village clerk. 2 The records shall include the reason given by the board or committee member for any 3 absence. 4 5 (e) Compensation of members. Board and committee members shall serve 6 without compensation except as may be provided by ordinance or resolution of the village 7 council. 8 9 (f) General provisions. Members of village boards and committees: 10 11 (1) Shall serve at the pleasure of the village council and may be removed with 12 or without cause by a vote of the village council; 13 14 (2) Shall be a resident of the village and maintain residency in the village 15 during the term of appointment (unless waived by the village council) and 16 meet such other eligibility requirements as may be established by the 17 village council; 18 19 (3) Shall not hold any employment or office in village government or any 20 contractual relationship with the village; 21 22 (4) Shall serve on only one village board or committee where membership on 23 two boards or committees would violate the constitutional dual office-24 holding prohibition; 25 26 (5) Shall not appear before the board or committee on which they serve or the 27 village council as an agent or attorney on behalf of any person or entity; 28 29 (6) Shall not have or hold any employment or contractual relationship that 30 will create a continuing or frequently recurring conflict between their 31 private interests and the performance of their public duties or that would 32 impede the full and faithful discharge of their public duties; and 33 34 (7) Shall not initiate any grievance or complaint against any person appearing 35 before the board or committee on which they serve without the approval 36 of the village manager.; and 37 38 (8) Shall attend all meetings in person and shall not participate as a member 39 of any board or committee or vote on any matter by telephone, video 40 conferencing, or any other electronic means. 41 42 * * * 43 44 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the 45 Village of North Palm Beach. 46 47 Page 3 of 3 Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any 1 reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding 2 shall not affect the remainder of this Ordinance. 3 4 Section 5. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in conflict 5 herewith are hereby repealed to the extent of such conflict. 6 7 Section 6. This Ordinance shall take effect immediately upon adoption. 8 9 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 10 11 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 2024. 12 13 14 15 (Village Seal) 16 MAYOR 17 18 ATTEST: 19 20 21 VILLAGE CLERK 22 23 APPROVED AS TO FORM AND 24 LEGAL SUFFICIENCY: 25 26 27 VILLAGE ATTORNEY 28 29 Page 1 of 2 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Caryn Gardner-Young, Community Development Director DATE: April 25, 2024 SUBJECT: ORDINANCE 1st Reading – An Ordinance of the Village Council amending Division 3, “Site Plan and Appearance Review” of Article III “Appearance Code” of Chapter 6, “Building and Building Regulations” to Adopt a new Section 6-61 “Expiration of Site Plan and Appearance Approval Background The Village Code does not currently address the expiration of the Site Plan and Appearance approvals. The only current limitation is related to traffic concurrency. A site plan is a comprehensive drawing that shows the proposed construction and improvements on a particular lot. It includes the layouts of buildings, landscaping, driveways, parking lots, utility improvements, detention ponds, and other necessary features. The Planning, Zoning, and Adjustment Board (Board) reviews and decides on Site Plans and Appearance petitions. If the Board approves the petition, the Site Plan and Appearance becomes effective permanently. Most municipalities have regulations that require construction to begin within a specific timeframe after obtaining the initial Site Plan and Appearance approval. If the Site Plan and Appearance petition expires without any work initiated, it becomes invalid, and the property owner must file a new petition. However, extensions for the Site Plan and Appearance petition are usually allowed in case of unforeseen construction delays. To address this issue, the Village Staff has proposed new regulations that would render Site Plan and Appearance petitions invalid two years after their approval date unless either (1) a building permit has been obtained for a principal structure, or (2) installation of infrastructure improvements and the approval of the first inspection of the improvements. A one-year extension can be requested if needed, but it must be requested no later than three months before the expiration of the two years. Any extension beyon d three years will require approval from the Village Council. The proposed ordinance was discussed at the Planning, Zoning, and Adjustment Board meeting on February 6, 2024. Board Member Hogarth motioned to recommend its approval, but no second was made. As a result, the proposed Ordinance was presented to the PZAB for a second vote. Page 2 of 2 On April 2, 2024, the PZAB unanimously approved the proposed Ordinance with two changes which are: 1. The expiration of the Site Plan and Appearance Review will be connected to building permit activity instead of completion of inspection or when a certain percentage of the total infrastructure cost is completed. 2. To change the Community Development Director’s standard to allow a one-year extension from “a good faith effort by the applicant to complete” to “good cause.” The proposed Ordinance reflects the PZAB’s recommendations. Legal Review The attached Ordinance has been prepared/reviewed by the Village Attorney for legal sufficiency. Fiscal Impacts N/A Recommendation: Village Staff recommends Village Council consideration and approval on the first reading of the attached Ordinance. Page 1 of 2 ORDINANCE NO. 2024-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING DIVISION 3, “SITE PLAN AND 4 APPEARANCE REVIEW,” OF ARTICLE III, “APPEARANCE CODE,” OF 5 CHAPTER 6, “BUILDINGS AND BUILDING REGULATIONS,” TO ADOPT A NEW 6 SECTION 6-61, “EXPIRATION OF SITE PLAN AND APPEARANCE APPROVAL;” 7 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 8 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the Village Code of Ordinances does not currently address the expiration of site plan and 11 appearance approvals, and the only current limitation on such approvals is tied to traffic concurrency; 12 and 13 14 WHEREAS, at the recommendation of Village Staff, the Village Council wishes to adopt regulations 15 governing the expiration of site plan and appearance review approvals and ability of an applicant to 16 request an extension; and 17 18 WHEREAS, the Village Council determines that the adoption of this Ordinance benefits the health, 19 safety, and welfare of the residents of the Village of North Palm Beach. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 22 NORTH PALM BEACH, FLORIDA as follows: 23 24 Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and are 25 incorporated herein. 26 27 Section 2. The Village Council hereby amends Division 3, “Site Plan and Appearance Review,” of 28 Article III, “Appearance Code,” of Chapter 6, “Buildings and Building Regulations,” of the Village Code 29 of Ordinances to adopt a new Section 6-61 to read as follows (additional language underlined): 30 31 ARTICLE III. APPEARANCE CODE 32 33 * * * 34 35 DIVISION 3. SITE PLAN AND APPEARANCE REVIEW 36 37 * * * 38 39 Sec. 6-61. Expiration of site plan and appearance approval. 40 41 (a) Unless otherwise set forth in the development order, a site plan and 42 appearance approval, including site plans approved as part of a planned unit development, 43 shall expire and become null and void after two (2) years from the date of the approval 44 unless the applicant commences development within the two (2) year period. 45 Commencement of development shall consist of the issuance of a building permit for a 46 principal structure or for the installation of infrastructure improvements and the 47 completion of the first inspection approval. 48 Page 2 of 2 1 (b) No later than three (3) months prior to the expiration of the two (2) year 2 period, the applicant may request an extension of up to one (1) year to commence 3 development. Such extension may be granted by the community development director 4 for good cause shown. 5 6 (c) Any additional extension beyond three (3) years shall only be granted by 7 the village council. 8 9 (d) An extension pursuant to this section shall not be available with respect to 10 any extension period authorized by state law or action of the Governor which extends the 11 effective date of the site plan and appearance approval. Extensions under state law reduce 12 the time period for extensions available pursuant to this section on a one (1) day for one 13 (1) day basis. 14 15 (e) The village may approve a phasing plan for a development that includes 16 multiple principal structures and provide expiration dates for each phase. 17 18 Section 3. The provisions of this Ordinance shall become and be made part of the Code of 19 Ordinances for the Village of North Palm Beach, Florida. 20 21 Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinances is for any 22 reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding 23 shall not affect the remainder of the Ordinance. 24 25 Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith 26 are hereby repealed to the extent of such conflict. 27 28 Section 6. This Ordinance shall be effective immediately upon adoption. 29 30 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 31 32 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 33 2024. 34 35 36 (Village Seal) 37 MAYOR 38 39 ATTEST: 40 41 42 VILLAGE CLERK 43 44 APPROVED AS TO FORM AND 45 LEGAL SUFFICIENCY: 46 47 48 VILLAGE ATTORNEY 49 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Caryn Gardner-Young, Community Development Director DATE: April 25, 2024 SUBJECT: Resolution – Approving Minor Amendments to the Crystal Cove Commons Commercial Planned Unit Development Background Annexation/Zoning History The subject parcel site is located on the west side of US Highway 1 approximately 192 feet south of McLaren Road. The subject site has a Future Land Use designation of Commercial and a Zoning designation of Shopping Commercial (C-S) with an approved Commercial Planned Unit Development (PUD). In the early 1980s, the Village of North Palm Beach (Village) approved the development of the site to allow the construction of a commercial plaza measuring 136,432 square feet. This plaza would provide a mix of retail uses, restaurants, and office uses. On June 22, 2017, the Village Council adopted Ordinance No. 2017-09 which approved a Commercial Planned Unit Development (CPUD) and modification of the site plan to allow the construction of exterior improvements to the existing 136,432 square feet commercial plaza, including changes to parking, the façade, landscaping, and signage. On February 22, 2018, the Village Council adopted Resolution No. 2018-19, which approved minor modifications to the CPUD, allowing the removal of a tower architectural element located south of the fountain area and modifications to the location of a door on the south side of the Cod and Capers Restaurant. The Village later amended the plan to remove the previously identified locations of the outdoor seating. Only the total allowable square footage of 3,211 SF was identified as available. On March 11, 2020, the Village’s then Community Development Director approved an outdoor seating layout reflected on site plan sheet SPD-1. The layout approved in 2020 only displayed 624 SF of outdoor seating for the Cod & Capers tenant and 1,138 SF for the Cucina Cabana tenant, leaving 1,449 SF of outdoor seating available but unallocated to any specific location. Request The request is for a minor amendment to an approved Planned Unit Development at 1201 US Highway 1 to add four (4) outside seating areas, amend the approved uses and parking ratios, and allow a color change to the façade. Three of the requested outdoor seating areas already exist, while a fourth (Matteos) is requested to be added. The staff has reviewed the outdoor seating regulations and found that the proposed areas meet the code requirements. The proposed uses are permitted within the C-S Zoning District, and the parking ratios are aligned with the proposed uses and meet the parking requirements for the development. Lastly, the new paint colors will update the shopping center’s appearance to reflect current aesthetic design trends. The new paint also offers better protection to the building’s shell with a new paint coating and is consistent with the established color scheme of the shopping center. You can find the attached staff report with Village Staff’s analysis of the request. The Planning, Zoning, and Adjustment Board reviewed the request on April 2nd and approved it unanimously (4-0). However, they added one condition: the walkway path adjacent to the Matteos outdoor seating area shall be at least 8’ in width. Staff has amended the proposed Resolution to include this condition. Legal Review The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency. Fiscal Impacts N/A Recommendation: Village Staff recommends Village Council consideration and approval of the attached Resolution approving minor amendments to the Crystal Cove Commons CPUD in accordance with Village policies and procedures. Page 1 of 3 RESOLUTION 2024- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING MINOR AMENDMENTS TO THE CRYSTAL COVE COMMONS COMMERCIAL PLANNED UNIT DEVELOPMENT TO IDENTIFY FOUR OUTDOOR SEATING AREAS ON THE SITE PLAN, AMEND THE USES AND PARKING CALCULATIONS TO REFLECT THE CURRENT TENANT MIX, AND REVISE THE COLOR OF THE FAÇADE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the enactment of Ordinance No. 2017-09 on June 22, 2017 (“PUD Ordinance”), the Village Council approved the Crystal Cove Commons Commercial Planned Unit Developm ent (“CPUD”) on property located at 1201 U.S. Highway One and legally described as Lots 1 and 2 of the Golfview Addition to the Village of North Palm Beach according to the plat thereof recorded in Plat Book 28, Page 199 of the public records of Palm Beach County, Florida (“Property”); and WHEREAS, Section 7 of the PUD Ordinance provides that the Village Council may approve minor modifications to the CPUD by resolution without the necessity of review by the Planning Commission, advertisement or public hearing; and WHEREAS, through the adoption of Resolution No. 2018-19 on February 22, 2018, the Village Council approved minor amendments to the CPUD to remove a tower feature and modify a door location; and WHEREAS, through the adoption of Resolution No. 2018-90 on October 25, 2018, the Village Council approved minor amendments to the CPUD to reflect as-built conditions, specifically: reconfiguration of the parking lot to allow seven additional spaces; approval of new security lighting and the addition of three fixture types; and minor changes to the architectural plans and material boards (removal of approved exterior horizontal reveals, a change in color to the façade, additional awnings and a change in awning color); and WHEREAS, through the adoption of Resolution No. 2020-86 on December 10, 2020, the Village Council approved a minor amendment to the CPUD to allow for metes and bounds subdivision of the Property into three parcels subject to various conditions; and WHEREAS, the owner of the Property, Crystal Cove Commons LLC (“Applicant”), is requesting additional minor amendments to the CPUD to identify four (4) outdoor seating areas, amend the uses to reflect the current tenant mix, revise the parking calculations consistent with the current tenant mix, and change the color of the façade; and WHEREAS, the Village Council determines that the Applicant’s request meets the definition of minor amendments to the CPUD and that the adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Page 2 of 3 Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. As authorized by Section 7 of Ordinance No. 2017-09, the Village Council hereby approves minor modifications to the Crystal Cove Commons CPUD to: identify four (4) outdoor seating areas on the site plan totaling 4,671 square feet; amend the uses to reflect the current tenant mix; revise the parking calculations consistent with the current tenant mix; and change the color of the façade. Said modifications shall be consistent with the following plans, specifications, and renderings: A. Shared Parking Agreement prepared by Simmons and White with a date stamp of November 29, 2023; B. Elevations with Original and Proposed Colors by Color Design Concepts with a date stamp of March 8, 2024; C. Photographs depicting the outdoor furniture for Zeera Indian Cuisine, Cod & Capers, and Stormhouse Brewing with a date stamp of March 8, 2024; D. Photographs and renderings of the outdoor seating area for Zeera Indian Cuisine, Cod & Capers, Stormhouse Brewing, and Matteo’s with a date stamp of February 28, 2024; and E. Updated Crystal Cove Commons Site Plan prepared by Urban Design Studio with a date stamp of February 28, 2024. Section 3. The Village Council’s approval of the minor modifications is subject to the following conditions, which shall be enforced in the same manner as those conditions set forth in PUD Ordinance: A. The planters, landscaping, and fencing in the outdoor seating areas shall be no less than two (2) feet in height. B. The outdoor seating areas shall meet all building regulations governing general and handicapped accessibility. C. The outdoor seating areas shall be restricted to tables and chairs only and the required screening materials. Such items shall be compatible in color and style with the exterior of the building and shall not contain or have affixed to them any sign, lettering, or advertising of any kind. D. The outdoor seating areas shall meet all health code and other applicable code requirements for restaurants. E. The outdoor seating areas shall be maintained in a secure manner whenever the food services establishment is closed to the public. Page 3 of 3 F. All sales and service of food and beverages in the outdoor seating areas are prohibited between the hours of 10:30 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 11:00 p.m. and 7:00 a.m. Friday and Saturday. G. The outdoor seating areas shall comply with the Village’s noise regulations. H. The outdoor seating area for the Matteos restaurant will include an adjacent walkway path that is no less than eight feet (8’) in width. I. The site plan shall be revised as necessary to reflect all conditions of approval and re- submitted prior to the issuance of building permits. J. Non-compliance with any of the conditions of approval will result in withholding of the issuance of building permits or a Certificate of Completion. H. All advertisements, legal addresses on insurance policies, and official correspondences shall reflect that the project is located within the “Village of North Palm Beach.” Section 4. To the extent not expressly modified herein, all other provisions of the PUD Ordinance, as previously amended, shall remain in full force and effect. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2024. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OFNORTHPALMBEACH NOV 2 9 2023 COMMUNITY DEVELOPMENTreceived SIMMONS &WHITE CIVIL &TRAFFIC ENGINEERING CRYSTAL COVE North Palm Beach,Florida SHARED PARKING STUDY PREPARED FOR: American Commercial Realty Corp. 300 Avenue of the Champions,Suite 140 Palm Beach Gardens,Florida 33418 JOB NO.23-087 DATE:November 28,2023 Bryan G.Kelley,Professional Engineer,State of Florida,License No.74006 Digitally signed by Bryan Kelley Date: 2023.11.28 16:39:22 -OS'OO' BryanThisitemhasbeendigitallysignedandsealedbyBryanG.Kelley,P.E.,on 11/28/2023. Printed Copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 2581 Metrocentre Blvd.West,Ste 3 I West Palm Beach,FL 33407 561.478.7848 I simmonsandwhite.com I Certificate of Authorization #3452 TABLE OF CONTENTS PAGE 3 SITE DATA PURPOSE OF STUDY PARKING DATA 1.0 2.0 3.0 PAGE 5 4.0 CONCLUSION I'rytaJ Cove I Job No.23-087 2 *Sf The subject parcel is located in the northwest comer of US-i and Golfview Road in the Town of North Palm Beach,Florida and contains approximately 7.87 acres.The Property Control Number for the subject parcel is 68-43-42-09-10-000-0010.The applicant is proposing a Site Plan amendment to provide an updated program of outdoor seating and parking calculations accounting for full occupancy consistent with the current tenant mix.For additional information on site layout,please refer to the Site Plan prepared by Urban Design Studios. 2.0 PURPOSE OF STUDY The purpose of this study is to describe the results of the parking analyses for the proposed programming.Providing the appropriate level and location of parking is important to any successful development and community.While insufficient parking can result in negative impacts on properties,providing too much parking can also have a negative economic impact. 3.0 PARKING DATA The proposed uses,sizes and code required parking for the proposed development may be summarized as follows: USE SIZE REQUIRED PARKING Office 49,538 S.F. (1 Space /300 SF) 165 Spaces Medical Office 7,013 S.F. (1 Space /150 SF up to 3,000 SF) (1 Space /200 SF up to 5,000 SF) (1 Space /250 SF in excess of 5,000 SF) 38 Spaces Retail 23,781 S.F. (1 Space /200 SF) 119 Spaces Furniture Showroom 18,472 S.F. (1 Space /400 SF) 46 Spaces 12,572 S.F./111 employees Inclusive of outdoor seating (1 Space /75 SF of patron area) (1 Space /1.5 employees) Restaurant 46 Spaces TOTAL =610 Spaces r;yr.,l Cove !Job No.23*OS /3 a(cont.)3S- The principle behind shared parking reductions is that the pattern of activity for land uses in amixed-use project are sufficiently different so that the corresponding required parking demands of each activity would not occur simultaneously.The parking analysis was based on the percent utilization rates from the Urban Land Institute’s (ULI)Shared Parking,3''^Edition publication as well as the ratio of customer parking to employee parking outlined in the ULISharedParking,3'''^Edition publication.As previously mentioned,there are a mix of uses currently proposed for the site.These uses have different peak hours of demand in addition to different hours of operation.As shown on the attached table,this report prepared a shared parking analysis for the weekday demand from 6:00 A.M.to il:00 P.M.The ULI Shared Parking,3''‘^Editionpublicationallowsforparkingreductionsbasedonthefollotvingfactors: ●Time of Day ●Monthly ●Non-Captive «Mode Adjustment The time of day adjustment factors were taken directly from the ULI Shared Parking,3’’^'Edition publication.However,the ULI Shared Parking,3^‘‘Edition publication does not produce standard rates for non-captive and mode adjustment factors.Local and site specific factors as well as professional judgment are to be utilized to determine these adjustment factors. Captive patrons refer to people who are already present in the immediate vicinity and likely patrons of a second use.To be conservative,the non-captive adjustment was not used. The results of the analysis demonstrated that the proposed plan of development will have a maximum parking demand of 559 parking spaces during the weekday.The peak parking period occurs from 12:00 to i:00 P.M..It should be noted that during the majority of the day,the parking demand vrill be significantly less thanpeak parking demand of 559 parking spaces.The weekend parking demand was not calculated but is expected to be significantly lower since the office willnot be in use.The shared parking calculations based on the Urban Land Institute’s Shared Parking publication and consistent with standard industry practices are attached to this report. 4.0 CONCLUSION As demonstrated in this study,the anticipated maximum parking demand for the proposed plan of development is 559 parking spaces.The proposed Site Plan can accommodate 591 parking spaces.Therefore,the site is expected to have a parking surplus of at least 32 spaces.The parking analysis considered shared parking rates from the Urban Land Institute’s (ULI)Shared Parking,3^'^Edition publication. x:/docs/trafficdrainage/sps.23087bk: njyUl Cove I )('b No.23-087 4 1 ^ s8I S S88 C s2 II» »gi sa>»C S £ II ??g s e8a8I£s 52 III II « « «S s s«s II lle8 3Ha 8Is S23z H Sll«I SI«g K g g«« 311s B as s &1 S£3 2 S 2i!iglg * *§3Katat IS a I 5TIi|s2 5 8 8 a8a8fi33 III iig g g Iat If ifssS 89 R 2 332 S S IS gIjl g g gItIt zII3t>R g 3ifS&8■D 3 «3 o3zu Sc5liSSSIsSSIgg<at oiAU>oO So<●o u 3 s|5 s<a s 8 Ea53152uoz 8osE 2 g S g g g g g ItIt«gc«It er<oa.1 aQOuIsUJ 8(/I TS a c a aIIStK s Bi<E 3fi3zffiIX 5g 8MgSat atati*nat at S Is III \li3 8EssE t 5I Si£3 I i s aI I S 85 f]Ss s g It «g g X a g g X g X Hia <jiggJsaEImgSg3 9 in a £I3 £ I2 I iiliiiiiilii lilSiiB |l I XB911<t s >■ 4 O IzI XII1ssIitLU1IIs!a li a1gt r GJRE 2 4 Weekday Time-of-Day Adjustments iI‘I 5 i t i 7 .,,tn.|p.m. jp.m.p.m.[p.m. |p.m. <p.m. ja.m. I 8 :9 :to i It 12,It I 12 ;1 j 2 1 3 I .ja.m. ia.m. Ip.m. jp.m. jp.m.|p.m.jp.m.p.6 ;7 .8 9 i 10a.m.!a.m. ia.m.a.m.i Land us« OK5K66K45K80K90K 9DK 80KBb% 85K103K?5K60K7SK /IK 1K%IK OK 1SK tSK 35K 3DK Vistiors ViS'tors Reta;l typics; De-cember ^2!e Dece-Tt-er CrV,30K lOK90K8080K BOK -COK 90K 80K■03%’03%OOK 90 KIK5K lOK OK ITk00%40% ?0%70%90% ■^COK !00K ’03K :coK ;03K -COK 97% tOK 90%●%?0K 40^, 70'Vi Vis:icra £mp.o>-c*ss Visaors OK lOK 40%20V;0%90%60V;●DQK ■COK!COK :COK ●COK90%10%20%40%10%Al; 20%5%5%05% 35%●COK 60%iOO’K90% 90%Supermarket/ grocery 60%67%85%20% 30%50%5% 20%20%20% 20%80%50% 30%lOOK IGOKICOK100K lOOK I COK90%ICOK20%30% 40% 60%Employees 5%20% 5%55% 35%IGOV;85%100%90%95% 97%67% 85%20% 30% 40% 6-0%60% ?D% V:s;'.srs 5%Pharmacy 20%20% 20%35%20%lOOV;80%50%1G0%im100%I'jOV;100%100%20% 30%83%tmp'.ryKS 5%1%10%45%30%95%85%75%60%K»%100%ICOV;120% 100% Discpun;stares/ superstores Homo impr-ov-emert stores/gar-Oen 75% 85%35%45%65%N'isitofs Err.pt-oyees Visitors En-p{a>'ees 15% 20%20%20%70% 55%40%95% 85%100%100%1Q0%100%35%100%45%55% 75%25% 0%0%10%60%50%30%80% 75%90%85%99% 98%35%99%100%15%20% 35% 55% 0%20%0%60% 40%70%95% 90%85%100% 100%100%:10D%95%10D%25% 30%45% 65% Food and beverage 40% 75% 75% 65%95% 75%25%100%95%lOOK 100%50% 75%40%15%Fme/casua! dining 0%0% 0% 0%Visitors Employees 100%35%85%100%103% 103%100%10J%75%75%90%90%90%90%90%20%50%75%0% 25%55% 65% 75% 65% aoK 60%75% 80%80%45% 45%103%90% 50%90%50% 75% 60% 75%85%Visitors ErnpUriees 25%Family restaurant 35%80%95% 95%75%95% 95%75%103%103%100%103%100%50% 90% 90% 5%30%20%10%50%60%85% 80%60%55%100%103%90%Fast casual/ fast fccdjfccd court/food halts 55% 85%20% 30%Visitors Empla^ees 6%10% 20%20%40%30%90%60%70%90%95% 70%60%75%103% S(H% 103%20% 20%30% 40% 759s 50V,75%'COK :COK lOOKhCOK ICOK iCOK 25%50%0% 0%0% 0%0%0%D% 0%cr%Ear/lounge/ nightclub 0%0%0"% 0% Visitors Employees 90%60%45Vi 70%10%20%5%10%itr%5%5V;5%D% 0% Entertainment 45%65%'85%95%]lG0%’95%'90% 75%100% ICOK ICOK 100% 100% iOOK 0%0%0%70% 45%0%.60%Vtsitors Employees 0%0%0%0%Family entertainment 5%5%5%55%10%5%80%70%25%0% 0%5% 10%0%0%95%IGO%55%9^:% i00% 100%lOOVj 1G0% 65%25%65%85%9G%55% 95% 50% 75%!GO%IGOVi IQOK !CO% !CO%!OOVi 0%Q%0% 0%Visiters Emp^oyc<es ActK-e entertainmeni «G%5%5%75%25%5%5% 5% 50%75%IOO% 100% iOO%i00% 100%!00% 100% 100% 100%103% 80%100% 100%30%65%40% 0%25%Q% Q%0%0%0% 0%0%Adult active entertainment 0%0%Visitors Em.pioyees Valters 0% 0% 70%!Q%20%45%10%10% 55% 5%5%0%5%5%0% 0% 60%55% 55%60%20%45%0% 0%0%0% 0%0%Ail rn-O'/ies typical Late December 70% 55%85K.80%10D% i0D%80% 70%75%80%30%35%60%0% 0%0% 0% 0%0%Viaitors 70%50%100%75%100% 100% 100% 10C% 100%60%75%10%50% 60%0% 0%0%Em.ptqyees 0% 0%All 0%0% 0%25%100% 100% 103%103% 103% 1%1%1%1% 1% 1%1%1%1%0%1%Visitors Emplff)'ee5 0% 0%Live theater 10%5%30%30%iCO%30%30%30% 30%20%30%10%10%20% 20%0% O'OK OK25K'03% :03% 103%03%D3% 0G%03%03% 1%1% 1%1%1%1%1%door ar.phitneator 1% 1%1%0^OK 0%Visitors Emplojees Visitors EmpUr^ees t30%TDK 50% 30%103%30K 30%30%30K 30%20% 20% 20%0%10%10% 10%80%70% 90%95% ●COK 90%85% 95% 03%50% 65%Public pari</ destination epen space 1% 5%10%25% 00%60%20%COK COKCOK COKCOK 80%OOK 00% 03%COK25%50%75V;5%10% 0%0%0% f*K- 10%OV;30V; ‘0% 90%85% 60%95%95%85% COK COV;Museum/45% 75% 65O'0%c^-.OV;Visitors Emplc'/ws S'0%5%75%COK COK BO'COK COK CV;aduarum COKr5% 0%65%0%25%OOK 00%10%1% 1%1%1%1%1%1% 1%0%0%0%1 %Arena No matinee Visiors Empicyt-es 10%5%30%30%GOV;GOV;00%ocr%30%53%53%20%30% 30%10%20%20%0%10% rtinued cn ret!paqel F;GURE 2-4 'IconiirueG; (4i7|8!9ll0in 12;ii2'3!4|5j6 \7 i e I 9 MO t H !12|a.m.!a.m.ja.m.|a-^-ia.m.ia.m.p.m.1 p.m.j p.m.;p.m.j p.m.■p-fn.|p.m.I p.m.\p.m.j p.m.i p.m.|p.m.j a.m. ! ILanduse i Entertainment jcom^nued] !j=fi -yf,Fro football stadium B p m start Pro baset-aU stadjum Visitors OV,O'f:0%IV.lOVv bOV;W%80V,?y<0% Emplo^t'es Visitors OV,10 V,10V, ?0V,?DV,2DV.20%30Vi 30V;30V;20%3Q%503%TC»3%-0G%UX)% 1C0% 5DK 7b%\0% 0% 0%m 1%1%b%5%b% 5%b%b%10%TC0%86%26%0% Employees 0%10%10%20% 20%2ir%30%30% 30%30%30% 30%;do%:oo% 500%100%25%10% Hf-akh club Visitors Employees 70% 76% 40%40%70% 76% 70%B0% 75% 70%60% 70%70%BOV.90%!C0%?0*% 75% 60*%70%36% 20% 10%0% 75%75%75%75*%75% 75% 75%76%100%)00%60%20%2Q%0% Public librar/Visitors Emplcyees Vis;t:fs 0%0%0%100%98%100%98% 78% 72%65%70% 79% 60%50%40%0% 0%0% 0% 0%10%6G%100%lOOV;KKT%100%1G0%100%100%lOOV.90%75%50% 20% 10%0%0% 0% Da->*:are center 0%2% 25%75%20% 2G% 20% 20%?o-%20%100*%50^)20% 5%0%0% 0%0% 0% Emp<cyees 0%50%75%90% 90%90%90%90%90%lOOV.100%lOOV.60%40%10%0%0%0%0% Ccr.vermon center Visitors Errployees 0%0%50%100%100%1(S)%100% 100% 100%100%100%100%50% 30%30%10%0%0%0% 30%5%33%33%100%100% 100% 100%100%100%90%70%40%25% 20%20%5%0%0% Hotel and residential Hotel-business Hoiet-teisure Employee Restaurant/ lounge Meet!nj‘'b3nqjet (<100 sq ft,/key| CoH'^.tion {>100 sq ft/ke-y) tmpl3>>ee Residential guest Resident rescrv'ed Residential suburban Residential urban 95%Visitors Visitors Employees Visitors 90%80%70%60% 60% 55%55%60%60% 65%70%75%80%75%85%95%100%103% 95%95%90%80%70% 70%65% 65%70% 70%75% 70% 80% 85% 85% 90%95%95%103% 1CO% 10%30%103% 103%103% 103% 103% 103%103%103%70%40%20%20% 20%20%10%5% 0%10%30%10%10%5%103%103%33%10%10%30%55% 60% 70%67%60% 40% 30% Visitors 0%0%30%60% 60%60%65% 65% 65% 65%t03%65%103%100% *03%tx%50%0%0% Visitors 0%0% 50%100% 100% 1DG%:C0%.100%'D0%■00% '03%50%39% 30%10%0%0^;0% £mp.C'/t*ss Visitors 10%10%60%1CO%103% 100%103%100%.103% 20% 103%1CO% 20% 1CO%60%4tr%40%20%0% 0%0% 0%10%20%20% 20%20%20% 20%20%40*%609i 100%100%*03%100%60*%50% Residents -CO%1(X)%100%:do%1EO%1D0*%100% 1C0%103%103%1E0*% 1C0*%103% 103% 1D0%1C0% 100%100%100% Residents 95% 63%67%55%50%45% 40% 60%40%40%46%50%60% 70% 80%65% 95%100%97% Residents 95% 65% 75%65%60%55% 50% 50% 50% 55%65%60% 70% 75% BO%65%95%100%97% Active s«mor housing Visitors & empicryees Residents 95%97%100% 100%99%98% 98% 99%93%100%99% 94%96% 93%97%97%97%98% 93% 95%97%1G0%1G0%99%93%98% 99%98%1G0%99%94%96% 98% 97%97%97% 98% 98% Office Office Visitors Emplo>*6es unreservt-d Empto)«ees reserved 0%1%20%60%100%45%15%45%95%45%15%10%5% 2%1%0% 0%0%0% 3%15%50% 90%100% 100%85% 35%85%95%95%60% 25%15%5%3%1%0%0% 00%100%100%100%100% 100%100%100%100%100% 100% 100%100% 10C% 100%100%100%100% 100% Medica!/ dental chice Visitors E^plcr»*ec-S 0%.D%90%90%100% 100%30% io:% 90%100% 100%90%80%67''!30*%15%0%0%0%0% 0%20%■03%103-%103%io:103%;03%.103% 103%103%67%30 15%0% 0%0% 0% Bark |drf»'e-in tranchl Visitors Emplo/ees 0%0%50%90%103%50%50%50%70%50% 80%103%0% 0%0%0%0%0%0% 0%0%60%103%10}%103%103%103% 103%103%103%!03%0*%0%0%0% 0% 0%0% Source See c^a 4 j'srussons l:r c-arh (a^'d use Crystal Cove iCommons Original Colors VILLAGENORTHPALM ^EACH MAR 8 ZON COMMUNITY DEVELOPMENT RECEIVED Brenda LightColorDesiQnConceptseo7‘267*i6o7 phS6i-97l-7369 fo»ircndoSicolowtIgrKoncfpts.coffl 'O'Color Design Concepts Crystal Cove Commons Scheme 1 VILUGE OF NORTH PALM BEACH Body\V I \ MAR 8 2024 /. COMMUNITY DEVELOPMENT- RECEIVED SW7004 Snowbound fiusA-ra. Trim Swi234 uncertoin Gfov Accent r SWI013Sky<ne Steel Shulleri.Ratlings SW625BTrtcom BlacV Brenda LightColorDesisnConoptt*07-»67'l6o7ph5S1-972-7269 r»xbrefld(@coh>rdesl3nconc«pts.com 'C'Color Design Concepts Mar 8 -20Z4 WA yA zeeraINDIANCIJISIMF38 r iLIIfI U.V Outdoor Dining Area 1 -Zeera Indian Cuisine (Furnishing Detail) '1' z o► "0> sm cdO j-niTfr-'O XI< Outdoor Dining Area 2 >Cod &Capers A (Furnishing Detail) IUL/'1. HI r-i r- 5: I T O r < gT)>■■●1 ^rr OSmrso CTDo CDOfN^-> gT) oOutdoorDiningArea3-Stormhouse X Brewing(Furnishing Detaii) ,^'#1 .'v.'i I-;"-, V,'. .-or wmi VILLAGE OFWORTHPALMBEACHI ■-FEB 287024 - COMMUNITY DEVELOPMENT ‘RECEIVHD 'S* ’.V \?.T-.' ^●1 j .:V ●r.J':■r:ri' I*"''’';I“><r:V^:..t«.!i.■'●.'S’"A./\fs ●>'..i " Outdoor mtm●agj >lililto>I0 ●.●●●^‘-.v1'.---*.v'-i,-’ fai»m o»>srci^t V-: 't ■1-.'I J» k..4_..:● I -J ■■ \ / ✓ r4 If '.*●^ 9●If Vi:f V ii-i_rA\;ic v./r NORTH PALM BEACH Outdoor Dining Area 2 -Cod &Capers (East Side) village OFnorthpalmbeach FEGL2 8 im__ S?!';esf*^ ●rr >/jh / ■●■‘‘T.-J h A _«-r-in.'-T-*●>v '+- /--r«c'E 'S‘;●T.'-'.’ ^V: %■■- :.-,.j'n^:* ,x"-.● '^■-- 'p Tni.'' Outdoor Dining Area 3 -Stormhouse Brewing VILLAGE OF ' NORTH PALM BEACH FEB 2 S 20Z4 COMMUNITY DEVELOPMEN1 RECEIVED r ● I Outdoor Dining Area 4 -Matteos (Rendering)-Conceptual Rendering -Not to Scale*DALLAGO ASSOCIATES HOSPITALITY DESICNTOS 2,750 SF OUTDOORDINING AREA #4US HWY NO. 1GOLFVIEW ROADMCLAREN ROAD UEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEU E UEUE UE UE UE UE UE UE UE UEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUE UEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUE UE UE UE UE UE UE UE UE UE UE UE UE UE UE UE UE UE UE UEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUE UEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEU E UE UE UE UE UE UE UE UE UE UE UE UE UE UEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUE UE UE UEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUE UE UE UE UEUEUEUE UE UE UE UE UE UE UE UE UEUEUE UEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUE UE UE UE UEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUE UEUEUEUEUE UEUEUEGOLFVIEW ROADEASEMENT "C"EASEMENT "C"EASEMENT "D"EASEMENT "D"EASEMENT "A"EASEMENT "B"EASEMENT "A"EASEMENT "C"EASEMENT "D"EASEMENT "B"EASEMENT "A"EASEMENT "A"EASEMENT "A"EASEMENT "A"EASEMENT "A"EASEMENT "B"EASEMENT "B"PROJECT IDENTIFICATIONSIGN TYPE 1A(REMOVE EXISTING SIGN)PROJECT IDENTIFICATIONSIGN TYPE 1B(REMOVE EXISTING SIGN)953 SFOUTDOORDINING AREA#2479 SF OUTDOORDINING AREA #130.0'30.0'10.0'10.0'10.0'10.0'SAFE SIGHT TRIANGLESAFE SIGHT TRIANGLE5' CONCRETE SIDEWALKExisting 1-StoryCBS BuildingUSE: MIXEDA-2 (RESTAURANT)M (MERCANTILE)Existing4-Story CBSBuildingExisting 1-4-StoryCBS BuildingUSE: MIXEDB (BUSINESS)M (MERCANTILE)Covered BreezewayGARAGERAMP DNGARAGERAMP UPExistingAdjacent4-Story CBSBuildingS87°52'13"E 175.00'S21°36'31"E 175.00'S87°52'13"E 319.51'Building Height 51.25'(17'-4" NGVD)USE: MIXEDA-2 (RESTAURANT)B (BUSINESS)M (MERCANTILE)Building Height 51.25' (17'-4" NGVD)Building Height 28.29' (17'-4" NGVD)N15°00'41"W 149.86'S85°04'22"E 143.78'S21°36'31"E 228.01 '30.15' (16'-8" NGVD)900 S.F.Existing 1-StoryCBS Building8,657 S.F.TOTAL 4-STORYBUILDING AREA =57,316 S.F.Existing 1-StoryCBS BuildingUSE: MIXEDA-2 (RESTAURANT)M (MERCANTILE)Building Height 30.15' (16'-8" NGVD)54,675 S.F.D=92°19'06"R=40.28'L=25.00'D=79°54'57"R=80.00'L=118.56'D=79°50'24"R=310.00'L=431.98'D=89°55'36"R=100.00'L=156.95'D=11°02'05"R=1020.00'L=196.44'D=13°00'00"R=520.00'L=117.98'D=95°05'22"R=25.00'L=41.49'D=14°21'51"R=1850.02'L=463.81'GARAGERAMP DNGARAGERAMP UPN02°57'35"W 19.1516.5'BIKE RACKBIKE RACKUS HWY NO. 19.0' (TYP)1 8 . 0 ' ( T Y P ) 16.3'14.6'114.8'58.3'16.8'15.7'8.0'15.7'131312111171141111111166126581010175962477713132201845216816145 "LP" DENOTESEXISTING LIGHTPOLE TO REMAINLPLPLPLPFHFHFHFHFHLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPRELOCATED LIGHTPOLEUP "UP" DENOTESEXISTING UTILITYPOLE TO REMAINUPUPUPUPUPLPLPDUMPSTERENCLOSURE DUMPSTERENCLOSUREVALETSTAND25.2'25.5'6.0'9.0' (TYP)18.0' (TYP)15.8 'ASPHALTASPHALTASPHALTASPHALTVA L E T D R O P OF F A R E AVALET PARKINGAREA 2VALET PARKINGAREA 1DUMPSTERENCLOSUREOPEN AIRCOURTYARDFOUNTAINFOUNTAINMHMHMHUE UEUEUEUEUEUEUEUEUECOMCOMCOMCOM COMCOMCOM C O M C O M CO M CO M COM COM COM COM COM COM COM COMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMC OM C OM C O M C O M C O M C O M CO M CO M CO M CO M COM COM COMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMC O M C O M CO M COM COMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOM COMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOMCOM C O M CO M COM COMCOMCOMCOMC O M C O M C O M CO M COM COM COM COM COM COM COM COM COM COM COMCOMCOMCOMCOMCOM C O M COMCOMCOM C O M C O M C O M C O M C O M CO M CO M CO M CO M CO M COM COM COMCOMCOMLPLP3.0'18.7'1.0'TYPE 2 PEDESTRIANDIRECTORY SIGNTYPE 2 PEDESTRIANDIRECTORY SIGN3.0'10.6'13.4'1.0'14.0'2.0' 10.0'2.0'6.0' (TYP)6.0' ( T Y P )DIAMOND TREEPLANTERDIAMOND TREEPLANTER5.0' NEW SIDEWALK6.0'6. 0 '6.0'6. 0 '6.0'6.0 'WALL PROJECTIDENTIFICATION SIGNPUBLIC SITEFURNISHINGS779 SFOUTSIDE DININGAREA #3ZONING CODE: VILLAGE OF NORTH PALM BEACH CODE OF ORDINANCESAPPLICABLE CODES:CITY:PROPERTY ADDRESS:PROPERTY OWNER:FOLIO NUMBER:VILLAGE OF NORTH PALM BEACH1201 US HIGHWAY NO. 1PEARLAND RJR, LLC68-43-42-09-10-000-0010LOTS 1 AND 2, GOLFVIEW ADDITION TO THEVILLAGE OF NORTH PALM BEACH, ACCORDINGTO THE PLAT THEREOF, RECORDED IN PLATBOOK 28, PAGE 199, OF THE PUBLIC RECORDSOF PALM BEACH COUNTY, FLORIDA. SAIDLANDS LYING IN THE VILLAGE OF NORTH PALMBEACH, PALM BEACH COUNTY, FLORIDAPROPERTY LEGAL DESCRIPTION:PROPOSED ZONING DESIGNATION: C1 - NEIGHBORHOOD COMMERCIAL -COMMERCIAL P.U.D.NET LOT AREA:341,080 SQ.FT (7.83 AC)FLOOD ZONEBASE FLOOD ELEVATION (B.F.E.)COMMUNITY PANELCN/A120217 0001 DFLOODPLAIN DATAFIRM DATE06/02/1992EXISTING ZONING DESIGNATION:C1 - NEIGHBORHOOD COMMERCIALPROPOSED LAND USE DESIGNATION: COMMERCIALEXISTING LAND USE DESIGNATION: COMMERCIALZONING DATAWAIVERCODE SECTIONPROPOSEDWAIVER1.37 PARKING SPACESSEE SHARED PARKINGSTUDY PREPARED BYSIMMONS & WHITE ANDJUSTIFICATION STATEMENTREQUIREMENT584 PARKING SPACESJUSTIFICATION 1621 PARKING SPACES2.SEC. 45-36(Q.)(i.) ANY PERMANENT ORTEMPORARY STRUCTURESASSOCIATED WITHOUTDOOR SEATING,INCLUDING, BUT NOTLIMITED TO, AWNINGS ANDCOVERED ROOFS SHALLNOT ENCROACH INTO THEREQUIRED BUILDINGSETBACK AREAS. TABLES,CHAIRS, UMBRELLAS,FENCING, SCREENING, ANDDIVIDING MATERIALS SHALLNOT BE LOCATED CLOSERTO THE PROPERTY LINETHAN TWO-THIRDS (2/3) OFTHE REQUIRED FRONT,SIDE, OR REAR BUILDINGSETBACKREQUIRED SETBACK - 16.47FT (2/3 OF 25 FT)FIVE (5) FEET (1/5 OF 25FT)REDUCTION OF SETBACK ISREQUIRED TO ALLOWOUTDOOR SEATING AREAAND ACCESSORYIMPROVEMENTS FORPROPOSED RESTAURANT ONTHE SOUTH END OF CENTER.11.47 FEET4.SECTION 27-65(A.) FIFTY-FOUR (54) TREESREQUIRED FOR THE TOTALREQUIRED LANDSCAPEAREA OF 5316 SF (1TREE/100 SF REQUIREDINTERIOR LANDSCAPEAREA)AND EACH SEPARATELANDSCAPE AREA SHALLCONTAIN A MINIMUM OFFIFTY (50) SQUARE FEETAND SHALL HAVE AMINIMUM DIMENSION OF ATLEAST FIVE (5) FEETEXISTING:FORTY-FIVE (45) TREESPROVIDEDMINIMUM DIMENSION OFFOUR (4) FEET FORPLANTING AREASFORTY-EIGHT (48)TREESA MINIMUM DIMENSIONOF AT LEAST FOUR (4)FEETSITE IS FULLY DEVELOPED;THE WIDTH OF THE EXISTINGISLANDS WILL NOT SUPPORTCANOPY TREES; THEEXISTING UTILITIES AND SITELIGHTING ON THE SITERESTRICT THE TYPE ANDSIZE OF TREES THAT CAN BEUTILIZED.SIX (6) TREESONE (1) FOOTDECREASE TO THEMINIMUM WIDTHDIMENSIONSECTION 45-33.E -PARKINGNOTE:1. SEE JUSTIFICATION STATEMENT FOR ADDITIONAL INFORMATIONWAIVERS REQUESTED3.SEC. 27-62(B.) (4.) PALMS ARE LIMITED TOFIFTY (50) PERCENT INPLACE OF THE REQUIREDSHADE TREESEXISTING:156 PALMS/3 = 52 TREES52/85 TOTAL TREES = 62%SIXTY TWO (62) PERCENTOF REQUIRED SHADETREES ARE PALM TREESALLOW FIFTY-EIGHT (58)PERCENT OF THEREQUIRED SHADETREES TO BE PALMSSITE IS FULLY DEVELOPED;THE WIDTH OF THE EXISTINGISLANDS WILL NOT SUPPORTCANOPY TREES; THEEXISTING UTILITIES AND SITELIGHTING ON THE SITERESTRICT THE TYPE ANDSIZE OF TREES THAT CAN BEUTILIZED.ALLOW AN EIGHT (8)PERCENT INCREASE OFPALMS IN PLACE OFTHE REQUIRED SHADETREESITEMPERMITTED / REQUIREDPROPOSED REFERENCEFRONT SETBACK110'-0"114'-10"SIDE, INTERIOR SETBACK0'-0"27'-2"45-33.DFLOOR AREA RATIO.35 x 341,080 SQ.FT =119,378 SQ.FT.45-36.PEXISTING114'-10"27'-2"REAR SETBACK0'-0"16'-9"16'-9"SIDE, STREET SETBACK 25'-0"26'-2"45-33.D27'-8"HEIGHT16 STORIES/160 FTFOR BUILDINGS IN EXCESSOF TWO (2) STORIES ORTHIRTY (30) FEET INHEIGHT, FIVE (5) FEETSHALL BE ADDED TO THEREQUIRED FRONT-YARDSETBACK FOR EACHSTORY IN EXCESS OF TWO(2) OR IN EXCESS OFTHIRTY (30) FEET INHEIGHT.78'-3"45-36.M.1 AND45-33.B78'-3"LOT COVERAGE35% OF 341,080 SQ.FT. =119,378 SQ.FT.78,579 SQ.FT.23%45-33.B78,579 SQ.FT.23%136,432 SQ.FT.0.40 FAR*136,432 SQ.FT.0.40 FAR*OUTDOOR DINING AREA4,671 SQ.FT.ZONING LEGEND*BUILDING SQUARE FOOTAGE BASED ON SURVEY BY R.B. BRENNAN SURVEYING,INC., DATED APRIL 20,2017ITEMPROPOSED REQUIREMENT PROPOSED REFERENCEOFFICE1 PER 300 SQ.FT. OFOFFICE AREA :45,682 / 300 = 153 SPACESCOMMERCIAL1 PER 200 SQ.FT. OFNON-STORAGE AREA :27,457 / 200 = 137 SPACES45-33.E.445-33.E.2RESTAURANT (INCLUDESOUTDOOR DINING)1 PER 75 SQ.FT. OFPATRON AREA,PLUS 1 PER EACH 1 1/2EMPLOYEE WORKINGDURING PEAK HOURS :12,483 / 75 = 168 +111 / 1.5 = 74TOTAL = 241 SPACES45-33.E.1FURNITURE SHOWROOMS 1 PER 400 SQ.FT. OFSALES AREA:18,472 / 400 = 46 SPACES45-33.E.8MEDICAL OFFICE1 PER 150 SQ.FT. UP TO3,000 SQ.FT.,PLUS 1 PER 200 SQ.FT. UPTO 5,000 SQ.FT.:7,013 / 150 = 38 SPACES45-33.E.3TOTAL REQUIRED PARKING 615 SPACES591 SPACESNOTE:TOTAL AMOUNT OF EXISTING PARKING SPACES PER SURVEY IS 588 (571 STANDARD AND 17ACCESSIBLE)PARKING CALCULATION1. THE AMOUNT OF LANDSCAPE AND HARDSCAPEAREA IS UNCHANGED. PERCENTAGES AREFOUND ON THE LANDSCAPE DRAWINGS.2. ALL CURBS, CUTS, DRIVEWAY ENTRANCES ANDEXITS, LOADING AREAS, OUTDOOR LIGHTINGSYSTEMS, OUTDOOR SOUND SYSTEMS, STORMDRAINAGE AND SANITARY FACILITIES AREEXISTING.3. ALL TRASH AND GARBAGE DISPOSAL SYSTEMSARE EXISTING.4. ALL PEDESTRIAN WALKWAYS, SIDEWALKS ANDBICYCLE CIRCULATION ARE EXISTING.5. ALL MAIL RECEPTACLES ARE EXISTING.6. GENERAL LOCATION, CHARACTER, SIZE,HEIGHT AND ORIENTATION OF PROPOSEDSIGNAGE ARE FOUND ON THE LANDSCAPEDRAWINGS.7. LANDSCAPE OPEN SPACE CALCULATIONS AREFOUND ON THE LANDSCAPE DRAWINGS.8. REFER TO SURVEY FOR ADDITIONALINFORMATION ON EXISTING RIGHT OF WAY,DEDICATIONS, EASEMENTS, PROPERTY LINES,EXISTING STREETS, BUILDINGS,WATERCOURSES, WATERWAYS OR LAKES, ANDOTHER EXISTING PHYSICAL FEATURES IN ORADJOINING THE PROJECT.Site Plan Review Application NotesDrawing name: H:\JOBS\Crystal Cove Commons aka Crystal Tree Plaza_16-098\Crystal Cove Commons LLC_DD_.003\Drawings\Site Plan\2024-01-30 PERMIT SET_Site Plan.dwg Urban Planning & DesignLandscape ArchitectureCommunication GraphicsRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udkstudios.com#LCC00003504.20.1716-098.000RDDRDDLJSP -1of 1#1 - RESUBMITTAL 3.24.17#2 - RESUBMITTAL 4.20.17#3 - RESUBMITTAL 5.24.17#4 - RESUBMITTAL 6.12.17Minor PD amend 8.7.18CC outdoor seating 5.21.19OUTDOOR DINING REVISION 09.28.2023OUTDOOR DINING REVISION 11.29.2023Village of North Palm Beach, Florida Site Plan Crystal Cove Commons 80'40'20'1" = 40'-0"EASEMENT AEASEMENT IN FAVOR OF SEACOAST UTILITIES, INC. FOR THE INSTALLATION AND MAINTENANCE OF WATERLINES RECORDED IN O.R. BOOK 3885, PAGE 1833, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,AS AFFECTED BY ASSIGNMENT AND ASSUMPTION AGREEMENTS RECORDED IN O.R. BOOK 5542, PAGE 1399,O.R. BOOK 6002 PAGE 62 AND O.R. BOOK 6007, PAGE 1275 PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA (EXCEPTION 17)EASEMENT B(12' UTILITY EASEMENT) IN FAVOR OF FLORIDA POWER AND LIGHT COMPANY, AS RECORDED IN ORB 3798,PG 1801 (DATED 9/22/1982) EXCEPTION 16.EASEMENT C(12' UTILITY EASEMENT, UNLESS OTHERWISE SHOWN) IN FAVOR OF FLORIDA POWER AND LIGHT COMPANY,AS RECORDED IN ORB 4007, PG 1406. EXCEPTION 18.EASEMENT D(20' UTILITY EASEMENT) DEDICATION OF EASEMENT TO NORTH PALM BEACH UTILITIES, INC., RECORDED IDORB 1114, PG 420 (DATED 11/12/1964), AS ASSIGNED TO JOHN D. AND CATHERINE T. McCATHURFOUNDATION IN ORB 5542, PG 1399, AS ASSIGNED TO SEACOAST UTILITY AUTHORITY IN O.R. BOOK 6002,PAGE 62, AS ASSIGNED TO SEACOAST UTILITY AUTHORITY IN ORB 6007, PG 1275. EXCEPTION 12 AND 17. PUD-2023-016 Page 1 of 12 1201 US Highway 1 (Crystal Cove) PUD-2034-016 Revised: Apr 3, 2024 Date: March 12, 2024 Subject/Agenda Item: PUD-2023-016 555 US Highway 1 (Crystal Cove Shopping Center) Consideration of Approval: A request from Lentzy Jean-Louis, agent for the property owner, Crystal Cove Commons, LLC, for a minor amendment to an approved Planned Unit Development to add four (4) outside seating areas, amend the approved uses, amend the approved parking ratios, and permit a color change to the façade at 1201 US Highway 1. [X] Recommendation to APPROVE [ ] Recommendation to DENY [X] Quasi-Judicial [ ] Legislative [ ] Public Hearing Originating Department: Planning & Zoning Project Manager __________________ Caryn Gardner-Young, AICP Reviewed By: Community Development Director _________________ Caryn Gardner-Young, AICP Attachments:  Shared Parking Agreement by Simmons and White and stamp-dated November 29, 2023  Elevations with Original and Proposed Colors by Color Design Concepts stamp-dated March 8, 2024  Pictures showing the outdoor seating furniture for Zeera Indian Cuisine, Cod & Capers and Stormhouse Brewing stamp-dated March 8, 2024  Pictures showing the outdoor seating area for Zeera, Cod & Capers, Stormhouse Brewing, and Matteos stamp-dated February 28, 2024  Crystal Cove Commons Site Plan by Urban Design Kilday Studios stamp-dated February 28, 2024 Public Notice: [ ] Required [X] Not Required Dates: Paper: Mailing [ ] Required [ X ] Not Required Notice Distance: I. Executive Summary The applicant is proposing to add four (4) outside seating areas, amend the approved uses, amend the approved parking ratios, and change of the façade at 1201 US Highway 1. COMMUNITY DEVELOPMENT DEPARTMENT REPORT AND RECOMMENDATION PUD-2023-016 Page 2 of 12 1201 US Highway 1 (Crystal Cove) II. Site Data Existing Use: Shopping Center Parcel Control Numbers: 68-43-42-09-10-000-0010 Legal Description: Golfview Add to Village of North Palm Beach Lots 1 & 2 Parcel Size: 7.8638 acres Existing Future Land Use Designation: Commercial Existing Zoning District: Shopping Commercial (C-S) III. Annexation/Zoning History The subject parcel site is located on the west side of US Highway 1 approximately 192 feet south of McLaren Road. The subject site has a Future Land Use designation of Commercial and a Zoning designation of Shopping Commercial (C-S) with an approved Commercial Planned Unit Development (PUD). The Village initially approved development of the site in the early 1980’s to allow a 136,432 GFA center providing for a mix of retail uses, restaurants, and office uses. On June 22, 2017, the Village Council adopted Ordinance No. 2017-09 approving a Commercial Planned Unit Development (CPUD) and modification of the site plan to allow the construction of exterior improvements to the existing 136,432 square foot commercial plaza, including changes to parking, the façade, landscaping, and signage. On February 22, 2018, the Village Council adopted Resolution No. 2018-19 approving minor modification to the CPUD allowing the removal of a tower architectural element located south of the fountain area and modifying the location of a door on the south side of the Cod and Capers Restaurant. The Village subsequently amended the plan so that the prior identified locations of the Table 1: Surrounding Existing Land Use, Future Land Use, Zoning District: Directio n Existing Land Use Future Land Use Zoning District North Benjamin Private School Commercial, Educational Shopping Commercial (C-S) South Waterway Terrace Condo High Density Apt. Dwelling (R-3) East Cove Plaza Commercial Shopping Commercial (C-S) West Royal Harbour Condo,, Everglades of North Palm Beach Condo, Seamark Condo, Governors Pointe Condo, and Gemini Condo High Density Apt. Dwelling (R-3) PUD-2023-016 Page 3 of 12 1201 US Highway 1 (Crystal Cove) outdoor seating were removed, with only the total allowable square footage of 3,211 SF identified as available. On March 11, 2020, the Village’s then Community Development Director approved an outdoor seating layout as reflected on site plan sheet SPD-1. The layout approved in 2020 only displayed 624 SF of outdoor seating for the Cod & Capers tenant and 1,138 SF for the Cucina Cabana tenant, leaving 1,449 SF of outdoor seating available but unallocated to a specific location. IV. Applicable Code Provisions: Section 45-36 General provisions. Section 45-35.1 Planned unit development V. Summary of Proposed Site Plan and Appearance Details: The petitioner's Minor Planned Unit Development Amendment documents consists of: a. Shared Parking Agreement by Simmons and White and stamp-dated November 29, 2023 b. Elevations with Original and Proposed Colors by Color Design Concepts stamp- dated March 8, 2024 c. Pictures showing the outdoor seating furniture for Zeera Indian Cuisine, Cod & Capers and Stormhouse Brewing stamp-dated March 8, 2024 d. Pictures showing the outdoor seating area for Zeera, Cod & Capers, Stormhouse Brewing, and Matteos stamp-dated February 28, 2024 e. Crystal Cove Commons Site Plan by Urban Design Kilday Studios stamp-dated February 28, 2024 VI. Staff Analysis: The petition is for Minor Amendment to an approved Planned Unit Development to add four (4) outside seating areas, amend the approved uses, revise the parking calculations consistent with current tenant mix, and change the color of the façade at 1201 US Highway 1. Outdoor Seating The subject Minor Site Plan Modification identifies 4 ,671 SF of total outdoor dining allocated to specific locations consistent with current and proposed conditions (which will bring a new, upscale dining option to the Village). As part of this, the outdoor seating is proposed to increase 1,460 SF from the previous approved outdoor seating square footage. Three (3) outdoor dining areas currently exist on site, with a fourth proposed as part of this request. The areas are described as follows and reflected on the proposed Site Plan (Area #4 is the proposed new area): PUD-2023-016 Page 4 of 12 1201 US Highway 1 (Crystal Cove) Outdoor Dining Area #1: Zeera Indian Cuisine - 479 SF This is a courtyard area located at the center of the shopping center. Screening of this outdoor seating area is provided via fencing around the perimeter of the provided seating. Accessibility is provided from the entrance to the outdoor seating area and the rest of the CPUD. Outdoor Dining Area #2: Cod & Capers – 953 SF Screening of this outdoor seating area is provided via shrubs around the perimeter of the seating are a. Access to the outdoor seating area and the rest of the CPUD is provided from the entrance of the food establishment. Outdoor Dining Area #3: Stormhouse Brewing – 779 SF Screening of this outdoor seating area is provided via planter boxes around the perimeter of the provided seating. Access to the outdoor seating area and the rest of the CPUD is provided from the entrance of the food establishment. Outdoor Dining Area #4: Matteo’s – 2,750 SF Screening of this outdoor seating area will be provided via planter boxes around the perimeter of the provided seating. Access to the outdoor seating area and the rest of the CPUD is provided from the entrance of the food establishment. A rendering of the proposed outdoor seating area, though not to scale, is included with this application to identify the style and intent of the screening for this area. The 2017 approval identified six (6) outdoor seating areas totaling 3,211 SF; thre e of those areas remain - Zeera Indian Cuisine, Cod & Capers, and Stormhouse Brewing. As noted above, the specific locations of the outdoor seating were removed from the Site Plan in 2018, with only the total square footage of 3,211 SF being identified. The subsequent outdoor seating layout as part of the 2020 approval then identified 624 SF of outdoor seating for the Cod & Capers tenant and 1138 SF for the Cucina Cabana tenant, leaving 1449 SF remaining unallocated square footage. Cucina Cabana has since vacated its space and Matteo’s has leased that space, including the proposed outdoor seating square footage. The request identifies the location of the three (3) existing outdoor seating areas and the tenants to which they pertain. This will provide clarity for review and consideration of the seating areas as the entire allowable outdoor seating square footage is intended to be utilized at this time. Parking and Uses The site is zoned C-S (Commercial Shopping) with a Commercial Planned Unit Development (CPUD) designation. As noted above, the site received original Site Plan approval and has since been amended twice. The current Site Plan identifies the following uses and tenant mix: PUD-2023-016 Page 5 of 12 1201 US Highway 1 (Crystal Cove) Proposed Parking Ratio Parking Required Parking Provided Office 45,585 SF 1/300 152 Medical Office 572 SF 1/150 up to 3000 SF, 1/200 up to 5000 SF, 1/250 in excess of 5000 SF 4 Commercial 36,232 SF 1/200 181 Furniture Showroom 4,165 SF 1/400 of sales area 11 Restaurant (Inclusive of 3,211 SF Outdoor Dining) 14,911 SF & 111 Employees 1/75 of Patron Area, 1 per 1.5 Employees 273 TOTAL REQUIRED 621 591 The approved Site Plan includes a 30-space parking difference, permitting 591 spaces of the 621 spaces that would have otherwise been required by Code. This is within the approved 37 space wa iver approved in the original Ordinance. The proposed modifications consist of updating the uses within the shopping center to reflect the current tenant mix and updating the Site Plan tabular table to identify the current tenant mix at 100% occupancy which is shown below. Proposed Parking Ratio Parking Required Parking Provided Office 45,862 SF 1/300 153 Medical Office 7,013 SF 1/150 up to 3000 SF, 1/200 up to 5000 SF, 1/250 in excess of 5000 SF 38 Commercial 27,457 SF 1/200 137 Furniture Showroom 18,472 SF 1/400 of sales area 46 Restaurant (Inclusive of 4,671 SF Outdoor Seating) 12,483 SF & 111 Employees 1/75 of Patron Area , 1 per 1.5 Employees 240 TOTAL REQUIRED 615 591 As identified in the table, there is a deficiency of 24 spaces between the Code requirements and provided parking. This remains within the 37-space waiver approved in 2017. As further discussed below, this remains an appropriate waiver; the site maintains adequate parking. As is typical for centers similar to the site, there have been changes to the uses within the center since its 2017 approval. These are identified as follows: PUD-2023-016 Page 6 of 12 1201 US Highway 1 (Crystal Cove) Use 2017 Approved Plan Proposed Difference Office 45,585 SF 45,862 SF +277 SF Medical Office 572 SF 7,013 SF +6,501 SF Commercial 36,232 SF 27,457 SF -8,775 SF Furniture Showroom 4,165 SF 18,472 SF +14,307 SF Restaurant 14,911 SF (inclusive 3,211 SF of outdoor dining) 12,483 SF (inclusive 4,671 SF of outdoor dining) -2,428 SF The Applicant evaluated parking requirements and calculations based on the Commercial Shopping District (C-S) regulations. The Village Code provides that for Furniture Display uses, only the sales area is considered for parking calculations (1/400 of sales area), and for restaurant uses (1/75 of Patron Area), only the patron area is considered for parking calculations. The above parking tabulation requirements take these parking ratios into consideration when evaluating the current tenant mix and required parking. The current tenant list and associated use classifications have been provided and are included in this resubmittal. Simmons & White engineers prepared a shared parking study that analyzes the appropriate parking required based on estimated activity at different hours within the shopping center utilizing industry standard parking rates from the Urban Land Institute (ULI) to identify realistic parking requirements. The study concludes that the anticipated maximum parking demand for the development is 559 parking spaces. As identified on the Site Plan, 591 parking spaces are provided, a 32 -space surplus. This confirms that the approved waiver will allow for the site to continue to meet parking needs. We note that the shared parking study prepared was based on an initially proposed outdoor seating and restaurant area of 12,572 SF that has since been reduced. The proposed restaurant square footage amounts to 12,483 SF, resulting in a surplus of 89 SF of restaurant space accounted for in the parking study, which has no adverse impact on the analysis. Painting As part of this PUD minor amendment, the repainting with slightly new colors of the exterior of the 4 - story, 57,136 SF office building located near the northwestern area of the site is proposed. The repainting of the office building will improve the aesthetic appeal of the office building, update its appearance in light of current aesthetic design trends, provide better protection to the building’s shell with a new paint coating, and be consistent with the established color scheme of the shopping center. A rendering of the proposed repainting as well as details of the specific paint colors used are attached. New building colors for the following: a. Trim – Sherwin-Williams Uncertain Gray SW6234 b. Body – Sherwin-Williams Snowbound SW 7004 c. Accent – Sherwin-Williams Skyline Steel SW 1015 d. Shutters/Railings – Sherwin-Williams Tricorn Black PUD-2023-016 Page 7 of 12 1201 US Highway 1 (Crystal Cove) Standards and Staff Findings: 1. Outdoor seating - Sec. 45-36(Q)(1): The outdoor seating area is adjacent to that portion of the food service establishment which is inside the building. The outdoor seating areas are all located in an existing area adjacent to restaurant use. The proposal meets this requirement. The outdoor seating area is located on property which is either owned or leased by the adjacent food service establishment or the landlord of such food service establishment. The outdoor seating areas are part of the Shopping Center and included in the food service lease agreement. The proposal meets this requirement. The outdoor seating can be accommodated without impeding the access of the general public, including persons with disabilities, to the portion of the food service establishment which is located inside the building or to any other commerc ial business of other use. The outdoor seating areas are located in an existing area which will not impede access to the general public. The proposal meets this requirement. The outdoor seating can be accommodated without creating a need for additional parking spaces which could not be provided on the same site as the building, for which the outdoor seating would be considered an accessory use or would create a non - conforming status for existing parking provided for such building. Based upon the shared parking study, there is sufficient parking for the outdoor seating areas. The proposal meets this requirement . 2. Outdoor seating - Sec. 45-36(Q)(3): The outdoor seating shall be arranged when in use, in a manner that allows a pedestrian walkway in compliance with applicable accessibility building and fire codes. The PUD-2023-016 Page 8 of 12 1201 US Highway 1 (Crystal Cove) outdoor seating area meets this requirement. Outdoor seating which is used for service and sale of food or beverage of any kind within the outdoor seating area, shall be physically separated and visually distinct from any immediately adjacent public passageway or walkway by means of approved fencing or screening material which is not less than two (2) feet in height, by means of one or more planter boxes and other plant containers, by means of some other approved divider, or any combination of such means, but not including tables, chairs or other seating. The applicant is proposing fencing, planters and landscaping to divide the outdoor seating area from other uses . The proposal meets this requirement. Outdoor seating may only contain tables, chairs, umbrellas and/or awnings and required fencing or screening materials. All such equipment shall be compatible in color and style with the exteriors of the building and shall not contain or have affixed to it any sign, lettering or advertising of any kind. The applicant is proposing tables and chairs and screening planters only and no changes to the exterior of the building. The proposal meets this requirement. 3. General Requirements (Parking): Outdoor seating which increases the total number of seats available at a food service establishment shall be considered an expansion of use. Such outdoor seating shall be included in any calculation of the total number of seats provided by the food service establishment, but not limited to, parking, restroom facilities and business taxes. Based upon the shared parking study, there is sufficient parking for the outdoor seating areas. There is sufficient parking for the outdoor seating. Once approved, the food service establishments will be required to amend their BTR to account for the additional seats. PUD-2023-016 Page 9 of 12 1201 US Highway 1 (Crystal Cove) 4. PUD - Sec. 45-35.1(IV)(A)(2): The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of the neighborhood. In applying this standard, the commission shall consider, among other things: convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed project to main traffic thoroughfares and to street and road intersections; and, the general character and intensity of the existing and potential development of the neighborhood. In addition, where appropriate, the commission shall determine that noise, vibration, odor, light, glare, heat, electromagnetic or radioactive radiation, or other external effects, from any source whatsoever which is connected with the proposed use, will not have a detrimental effect upon neighboring property or the neighboring area in general. Based upon the breakdown of uses, the shopping center uses are neither hazardous or inconvenient to the neighborhood nor do they conflict with the normal traffic of the neighborhood. The proposal is in compliance with this requirement. 5. PUD - Sec. 45-35.1(IV)(A)(5): There shall be no uses within the proposed project which are not permitted uses in the zoning district in which the proposed project is to be located. All the listed uses are permitted in the C-S Zoning District. The proposal is in compliance with this requirement. 6. Building Design: Building colors shall be harmonious, with bright or brilliant colors used only for accent. The color proposed for the body of the building is pink, the trim is gray, the accent is brown and the shutters and PUD-2023-016 Page 10 of 12 1201 US Highway 1 (Crystal Cove) railings are black. They are harmonious and reflect a clean look for the building. The proposal is in compliance with this requirement. 2. Building Design: Materials shall be selected for suitability to the type of buildings and have the same materials, or those which are architecturally harmonious, used for all building walls and other exteriors building components wholly or partly visible from the public ways and adjoining properties. The materials used are suitable for their use and are consistent with the established co lor scheme of the shopping center which makes them architecturally harmonious. The proposal is in compliance with this requirement. VII. Staff Recommendation: Approval of SP-2023-016 with the following conditions: 1. The most stringent requirements of Exhibit “A” Community Development Department Report and Recommendation dated March 12, 2024, and strict compliance with the Exhibits listed below, which are attached hereto and made part hereof as Exhibit “B” a. Shared Parking Agreement by Simmons and White and stamp-dated November 29, 2023 b. Elevations with Original and Proposed Colors by Color Design Concepts stamp- dated March 8, 2024 c. Pictures showing the outdoor seating furniture for Zeera Indian Cuisine, Cod & Capers and Stormhouse Brewing stamp-dated March 8, 2024 d. Pictures showing the outdoor seating area for Zeera, Cod & Capers, Stormhouse Brewing, and Matteos stamp-dated February 28, 2024 e. Crystal Cove Commons Site Plan by Urban Design Kilday Studios stamp-dated February 28, 2024 2. The planters, landscaping, and fencing in the outdoor seating areas shall be no less than two (2) feet in height. (Planning and Zoning) 3. The outdoor seating areas shall meet all building regulations governing general and handicapped accessibility. (Planning and Building) 4. The outdoor seating areas shall be restricted to tables and chairs only and the required screening materials. Such items shall be compatible in color and style with the exterior of PUD-2023-016 Page 11 of 12 1201 US Highway 1 (Crystal Cove) the building and shall not contain or have affixed to them any sign, lettering, or advertising of any kind. (Planning and Zoning) 5. The outdoor seating areas shall meet all health code and other applicable code requirements for restaurants. (Planning and Zoning) 6. The outdoor seating areas shall be maintained in a secure manner whenever the food services establishment is closed to the public. (Planning and Zoning) 7. All sales and service of food and beverages in the outdoor seating area s are prohibited between the hours of 10:30 pm and 7:00 am Sunday through Thursday and between the hours of 11:00 pm and 7:00 am Friday and Saturday. (Planning and Zoning) 8. The outdoor seating areas shall comply with the Village’s noise regulations. (Planning and Zoning) 9. The outdoor seating area for the Matteos restaurant will include a walkway path that is no less than eight feet (8’) in width. (Planning and Zoning) 10. The site plan shall be revised as necessary to reflect all conditions of approval and re- submitted prior to the issuance of building permits. (Planning and Zoning) 11. Non-compliance with any of the conditions of approval will result in withholding of the issuance of building permits or a Certificate of Completion. (Planning and Building) 12. All advertisements and legal addresses on insurance policies and business correspondence shall clearly state that the project is located within the “Village of North Palm Beach”. (Planning and Zoning) PLANNING, ZONING AND ADJUSTMENT BOARD ACTION – April 2, 2024 On a Motion by Board Member Cross and Seconded by Board Member Haigh, the Planning, Zoning and Adjustment Board approved PUD 2023-016 unanimously (4-0) as presented with one modification that the walkway path through the Mattteos restaurant area shall be no less than eight feet (8’) in width. PUD-2023-016 Page 12 of 12 1201 US Highway 1 (Crystal Cove) Exhibit B Location Map 0 VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Chad Girard, Public Works Director James Anthony, Facilities Manager DATE: April 25, 2024 SUBJECT: RESOLUTION – Accepting a sole source proposal from Wisch & Jackson Co. of Florida, Inc. to install an HVAC automation/integration system in the Public Safety Building at a cost of $161,000.00 and authorizing execution of a Contract. Village Staff is requesting Council consideration and approval of the attached Resolution accepting the proposal from Wisch & Jackson Co. of Florida, Inc. to install an HVAC automation/integration system in the Public Safety building and authorizing the execution of a Contract. Background: This installation is imperative to efficiently integrate the newly installed chiller system and the new air handlers arriving at the end of July 2024. This system maintains electronic communication between all component parts and allows for remote system access and control. Increased energy efficiency and reduced maintenance costs should recoup the bulk of the system costs within the first few years. This upgrade is long overdue. Wisch & Jackson systems have been extremely reliable and very cost effective for the Village to date. Purchasing: This purchase will be a sole-source purchase to standardize this system with the rest of the Wisch & Jackson systems throughout the Village. The Village’s purchasing policies and procedures define a sole source purchase as the acquisition of goods and services that for all practical purposes can only be obtained from a single vendor because of technological compatibility with existing systems already in use by the Village. Account Information: Fund Department Account Number Account Description Amount Special Projects Fund Special Projects Fund Expense Q5541-66210 Construction & Major Renovation $161,000 The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council consideration and approval of the attached Resolution accepting the sole source proposal from Wisch & Jackson Co. of Florida, Inc. for the installation of an HVAC automation/integration system in the Public Safety Building at a cost of $161,000.00, with funds expended from Account No. Q5541-66210 (Special Projects Fund – Construction and Major Renovation) and authorizing the Mayor and Village Clerk to execute a Contract in accordance with Village policies and procedures. RESOLUTION 2024- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A SOLE SOURCE PROPOSAL FROM WISCH & JACKSON CO. OF FLORIDA, INC. FOR THE INSTALLATION OF AN HVAC AUTOMATION/INTEGRATION SYSTEM AT THE PUBLIC SAFETY BUILDING AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Wisch & Jackson Co. of Florida, Inc. has provided the Village with a proposal for the installation of an HVAC automation/integration system at the Public Safety Building; and WHEREAS, because Wisch & Jackson has installed such systems in other Village facilities, the Village’s purchasing policies and procedures authorize this expenditure as a sole source purchase because of technological compatibility with systems already in place; and WHEREAS, the Village Council determines that adoption of this Resolution, including the waiver of any conflicting purchasing policies and procedures, is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves and accepts the sole source proposal from Wisch & Jackson Co. of Florida, Inc. for the installation of an HVAC automation/integration system at the Public Safety Building at a total cost of $161,000, with funds expended from Account No. Q5541- 66210 (Special Projects Fund – Construction & Major Renovation) and further authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of which is attached hereto and incorporated herein by reference. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2024. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 9 CONTRACT THIS CONTRACT is made as of the ____ day of ________________, 2024 by and between the VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and WISCH & JACKSON CO. OF FLORIDA, INC., a Florida corporation, hereinafter referred to as CONTRACTOR. WHEREAS, the VILLAGE is need of an HVAC automation/integration system at the Public Safety Building; and WHEREAS, the CONTRACTOR has installed such systems in other VILLAGE facilities, and in order to achieve system integration, the VILLAGE wishes to retain the services of CONTRACTOR as a sole source provider; and WHEREAS, CONTRACTOR has submitted a proposal to the VILLAGE, and the VILLAGE wishes to retain CONTRACTOR to perform the work outlined in its proposal pursuant to the terms and conditions of this Contract. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONTRACTOR. CONTRACTOR shall perform the services set forth in in its Proposal dated September 23, 2023, attached hereto as Exhibit “A” and incorporated herein by reference (“Work”). The Proposal does not include the cost of any permit fees. In the event of a conflict between the terms of the Project Quote and this Contract, the terms of this Contract shall control. CONTRACTOR shall perform the Work to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its vocation practicing in the same or similar locality at the time such services are performed. ARTICLE 2. TERM OF CONTRACT. The term of this Contract shall commence upon the VILLAGE’s issuance of a Notice to Proceed and shall remain in effect until CONTRACTOR completes all services within the scope of this Contract to the satisfaction of the VILLAGE, unless otherwise terminated in accordance with Article 8. CONTRACTOR shall complete the Work within ninety (90) calendar days after the issuance of the Notice to Proceed. ARTICLE 3. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate CONTRACTOR in accordance with CONTRACTOR’s Proposal in an amount not to exceed One Hundred and Sixty-One Thousand Dollars and No Cents ($161,000.00). B. Invoices received from CONTRACTOR pursuant to this Contract will be reviewed and approved by the VILLAGE’s representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Page 2 of 9 CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in the Proposal without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all Work has been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of the Work. ARTICLE 4. INSURANCE. A. Prior to execution of this Contract by the VILLAGE, CONTRACTOR shall provide certificates evidencing insurance coverage as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Article and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the VILLAGE’S representative. Compliance with the foregoing requirements shall not relieve CONTRACTOR of its liability and obligations under this Contract. B. CONTRACTOR shall maintain, during the life of this Contract, Commercial General Liability insurance in the amount of $1,000,000.00 in aggregate to protect CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract, whether such operations be by CONTRACTOR or by anyone directly employed by or contracting with CONTRACTOR. C. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit for bodily injury and property damages liability to protect CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR. D. The parties to this Contract shall carry Workers’ Compensation Insurance and Employer’s Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers’ Compensation Insurance and chooses not to obtain same, then such party shall. in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the VILLAGE. E. All insurance, other than Worker’s Compensation, to be maintained by CONTRACTOR shall specifically include the VILLAGE OF NORTH PALM BEACH as an “Additional Insured.” Page 3 of 9 ARTICLE 5. PERSONNEL. A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by CONTRACTOR or under its supervision, and all personnel engaged in performing the Work (including subcontractors) shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of CONTRACTOR’s personnel (and all subcontractors) while on VILLAGE premises, will comply with all applicable requirements governing conduct, safety, and security, provided, however, that CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. ARTICLE 6. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. ARTICLE 7. INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall be, in the performance of services pursuant to this Contract, an independent contractor and not an employee, agent or servant of the VILLAGE. All persons engaged in any services performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s sole discretion, supervision and control, and CONTRACTOR shall exercise sole control over the means and manner in which its employees, consultants and subcontractors perform such services. ARTICLE 8. TERMINATION. This Contract may be terminated by CONTRACTOR upon ten (10) days’ prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days’ written notice to the CONTRACTOR. Unless CONTRACTOR is in breach of this Contract, CONTRACTOR shall be paid Page 4 of 9 for Work rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, CONTRACTOR shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE; and D. Continue and complete all parts of the work that have not been terminated. ARTICLE 9. SUCCESSORS AND ASSIGNS. The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and CONTRACTOR. ARTICLE 10. ACCESS AND AUDITS. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 11. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 12. PROTECTION OF WORK AND PROPERTY. A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and shall protect the VILLAGE’s property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. Page 5 of 9 B. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. ARTICLE 13. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Village Manager Village Hall 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: Wisch & Jackson Co. of Florida, Inc. Attn: John Walz 861 Jupiter Park Drive, Suite A Jupiter, FL 33458 The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 14. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and CONTRACTOR agree that this Contract, including all documents referenced herein, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 15. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. ARTICLE 16. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. Page 6 of 9 ARTICLE 17. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 18. EXHIBITS AND CONTRACT DOCUMENTS. All exhibits and other documents referred to in this Contract form an essential part of this Contract. The exhibits and other documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 19. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 20. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 21. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. ARTICLE 22. WARRANTY. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following completion of the Work and successful final inspection, or as otherwise stated in the Proposal. Should any Work fail to comply with this warranty during the warranty period of one (1) year, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR’s sole expense. CONTRACTOR shall transfer all factory warranties to the VILLAGE. ARTICLE 23. REPRESENTATIONS/BINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. Page 7 of 9 ARTICLE 24. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation arising out of or in connection with this Contract. ARTICLE 25. FEDERAL AND STATE TAXES. The VILLAGE is exempt from federal tax and state sales tax and use taxes. Upon request, the VILLAGE shall provide an exemption certificate to CONTRACTOR. CONTRACTOR is not exempt from paying sales tax to its suppliers for materials used to fulfill its obligations under this Contract, nor shall CONTRACTOR be authorized to use the VILLAGE’s tax exemption number in securing such materials. ARTICLE 26. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 27. PUBLIC RECORDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: 1. Keep and maintain public requires required by the VILLAGE to perform the service. Page 8 of 9 2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. ARTICLE 28. E-VERIFY CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. ARTICLE 29. CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL As provided in section 287.135, Florida Statutes, CONTRACTOR certifies that it and any authorized subcontractors are not participating in a boycott of Israel. CONTRACTOR further certifies that it and its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida Statutes. The VILLAGE and CONTRACTOR agree that the VILLAGE shall have the right to immediately terminate this Contract if CONTRACTOR, its authorized subcontractors or affiliates have been placed on the Scrutinized Companies that Boycott Israel List, is engaged in a boycott of Israel, or has been placed on the Convicted Vendor List maintained by the State of Florida. Remainder of page blank – signatures on next page Page 9 of 9 IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: WISCH & JACKSON CO. OF FLORIDA, INC. BY: Print Name: Title:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ SUSAN BICKEL MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY Wisch & Jackson Co. of Florida, Inc. | 861 Jupiter Park Drive, Suite A | Jupiter, FL 33458 O: (561) 747-0484 | F: (561) 747-0687 | wischandjackson.com September 25, 2023 Mr. Nelson Schad Village of North Palm Beach 645 Prosperity Farms Road North Palm Beach, Florida 33408 RE: Automated Logic Building Automation System Public Safety (Police and Fire) Building North Palm Beach, FL Dear Nelson, We are pleased to offer our updated proposal for the upgrade of the Building Automation/Control system for the Village of North Palm Beach Public Safety Building. Our proposal is based on the following: 1. Mechanical Plans prepared by Gee and Jenson dated 12/5/97 2. Our meeting and walk-thru and inspection on 3/3/16 and 9/15/23 Please note that we have not performed any controls or service work at this building, and we have not performed any inspections of the equipment or controls since our original walk-thru in 2016. Therefore, our updated proposal is based on equipment and conditions from our original inspection. The existing HVAC system consists of: • 1 Air Cooled Chiller (CH-1) • 2 Constant Speed Chilled Water Pumps (P-1, P-2) • 3 VAV Air Handling Unit (AHU-1, 3, 4) with associated OA Supply Fans • 1 Single Zone Constant Volume Air Handling Unit (AHU-2) • 29 VAV boxes • 4 Exhaust Fans interlocked with the operation of AHU-1 (EF-5, 6, 7, 8) The existing HVAC equipment is controlled by Trane Controls. These Trane controls are not tied together as a system but are all stand-alone. The Chiller, the AHUs and VAV boxes all operate independently and there is no way to monitor or control the equipment from a central computer. In addition, when we first inspected them, the Trane controls did not appear to be working properly. In addition, the 29 Trane VAV boxes are of a type that proved to be less than reliable. Trane no longer makes these VAV boxes, and their repair kits are very expensive. It is very likely that most if not all the VAV boxes are not working. Wisch & Jackson Co. of Florida, Inc. | 861 Jupiter Park Drive, Suite A | Jupiter, FL 33458 O: (561) 747-0484 | F: (561) 747-0687 | wischandjackson.com Page 2 We also found that there are no outside air dampers in the ducts that bring in OA to the building. This means that there is always OA coming into the building even during unoccupied or low occupancy periods. This is very energy inefficient (and expensive) and may cause high humidity problems. Finally, it was pointed out that there is not adequate exhaust in the Evidence Room. Should you decide to install an additional exhaust fan in this room we would modify the control sequence on the VAV box that serves this room to provide additional supply air to make-up for the exhaust. Included in our proposal is to: • Furnish and install an Automated Logic Building Automation System that will tie into your existing ALC BAS now controlling the Village Hall. It will provide you with the ability to centrally control and monitor the operation of the Chiller Plant, AHUs, VAV boxes and supply and exhaust fans. This will provide immediate notification of any problems and ensure equipment is running properly as well as only running when needed, thus reducing operating costs. • Mechanically retrofit all the VAV boxes so that they will be able to properly regulate the amount of cooling (and heating) to maintain comfort conditions. • Install Outdoor Air Dampers in the ducts to be able to shut off the OA to the buildings when not needed, and/or, in an emergency. • Fine tune the operation of the HVAC equipment to maintain comfort conditions while only running the equipment when needed. Again, this will improve comfort and reduce operating costs. • Utilize both space temperature and humidity to control the operation of the equipment. o Adding humidity control enables the space to feel more comfortable at slightly higher room temperatures while saving energy. • Control of building pressure such that no room experiences excessive negative pressure. Our proposal provides the following: • Front End Interface and BAS network o Provide and install Automated Logic Interface to connect the new system serving the Public Safety Building to the BAS server at the Village Hall. o Provide new custom graphics depicting the building systems and allowing authorized personnel to monitor and control these systems via point and click commands. o Furnish and install a new BAS network (none currently exists) • Chiller Plant o Furnish and install a new Automated Logic DDC control module. o Provide monitoring and control of the Carrier Chiller via a BACnet communication interface. (The Carrier chiller will need a BACnet interface card). Wisch & Jackson Co. of Florida, Inc. | 861 Jupiter Park Drive, Suite A | Jupiter, FL 33458 O: (561) 747-0484 | F: (561) 747-0687 | wischandjackson.com Page 3 o Provide monitoring and control of the chilled water pumps utilizing the existing start/stop relays and furnishing and installing new CT current status switches. o Monitor the chilled water supply temperature. • VAV AHUs (for each, typical of 3) o Remove the existing Trane controller and replace with a new Automated Logic DDC control module. o Furnish and install a new supply air temperature sensor. o Furnish and install a new return duct CO2 sensor. o Supply and control new OA Damper and OA Damper actuator. Installation by others. o Furnish and install a new OA Supply Fan start/stop control relay and new CT current status switch for monitoring. o Re-use the existing return air temperature sensor. o Re-use the existing supply fan start/stop and VFD speed control and add a new CT current status switch for monitoring. o Supply and control chilled water valves. Installation by others. o Re-use the existing filter differential pressure switch. o Replace the existing supply air static pressure sensor. • Single Zone AHU (for each, typical of 1) o Remove the existing Trane controller and replace it with new Automated Logic DDC control module. o Furnish and install a new return duct CO2 sensor. o Furnish and install a new supply air temperature sensor in the discharge of the cooling coil. o Furnish and install a new supply air temperature sensor in the discharge of the heating coil. o Supply and control OA Damper and OA Damper actuator. Installation by others. o Re-use the existing return air temperature sensor. o Re-use the existing supply fan start/stop and add a new CT current status switch for monitoring. o Supply and control chilled water valve. Installation by others. o Re-use the existing heating coil controls. o Re-use the existing filter differential pressure switch. o Replace the existing space temperature sensor in the Records Room and add a second space temperature sensor in the Dispatch Room. • VAV box controls (typical of 29 VAV boxes) o Remove the existing Trane damper assembly and install a new retrofit damper and airflow sensor. o Remove the existing Trane VAV box controllers and replace with new Automated Logic DDC VAV box control modules (complete with new damper actuators and air flow transducers). o Furnish and install new room temperature sensors and provide humidity sensors for 3 locations (one per AHU). Wisch & Jackson Co. of Florida, Inc. | 861 Jupiter Park Drive, Suite A | Jupiter, FL 33458 O: (561) 747-0484 | F: (561) 747-0687 | wischandjackson.com Page 4 o Furnish and install new duct temperature sensors in the supply air of the VAV boxes. • Exhaust Fans (typical of 4) o Install new exhaust fan start/stop relays and status sensors and connect to closest DDC control module. • Test and Balance (provided in Carrier’s proposal) o Following the replacement/upgrade of the controls we will assist the test and balancer. • We will provide a complete operating system including all documentation, software, programming, installation, checkout, and start-up. • Provide training (as much as necessary) to ensure the owner and staff are comfortable in the operation of the system. BASE PRICE: $161,000 Please note: Above pricing is valid for 60 days. Given the volatility of the market we will try and hold our price until the end of this year, however, if we are notified of any price increases we will let you know as soon as possible. Not included in above prices: • Permit Fees • Repair or replacement of any existing equipment or controls to be re-used. • BACnet interface card for the Carrier chiller. • Installation of control valves, taps or wells. • High Speed Internet connection. • Installation, connection to, or modification of fire alarm or life safety systems. If you have any questions or comments, please do not hesitate to contact me. Sincerely, John Walz Wisch and Jackson Co. of Florida, Inc. VILLAGE OF NORTH PALM BEACH COUNTRY CLUB – GOLF OPERATIONS TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Beth Davis, Country Club General Manager Allan Bowman, Head Golf Professional DATE: April 25, 2024 SUBJECT: Resolution – Approving an Amendment to the Contract with Marsh Management Systems, LLC for Pond Stabilization Work at the North Palm Beach Country Club Through the adoption of Resolution No. 2024-18 on March 14, 2024, the Village Council approved a contract with Marsh Management Systems, LLC for pond stabilization work at the North Palm Beach Country Club Golf Course at a total cost of $182,700. In addition to the work contained in the original proposal, the Village is need of the following additional work:  Address damage that was created by some teenagers during the last rain storm (teenagers from the pool were skidding across the green and down the steep embankment);  Address repeated cart damage to the bank on the bunker on Hole # 2 (design was adjusted to make sure that this cannot occur again); and  Create a safety hedge and stabilize the bank to prevent from a possible serious injury behind the # 13 green. Marsh Management has provided a proposal in the amount of $27,062.50 to address the additional work and provide:  Bunker Bank Stabilization project for fairway bunker on left side of Hole # 2 and right greenside of Hole # 18 fairway; and  Canal Bank Stabilization behind Hole # 13 The above items would include stripping turf, importing a higher grade of organic soil, prepping, and sod installation. Nicklaus/Vendor Support: Each of the design enhancements have been addressed with and approved by Chris Cochran of the Nicklaus Design Group. He has worked closely with the golf course superintendent and head golf professional to adjust the areas that are needed for our continual growth and improvement. Account Information: Fund Department Account Number Description Amount Country Club Golf Course Maintenance L8045-66210 (Construction & Major Renovation) Original Amount $182,700.00 Amendment $27,062.50 Subtotal $209,762.50 Contingency $10,000.00 Total Total w/ Contingency $219,762.50 The attached Resolution has been prepared and reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff is seeking Council consideration and approval of the attached Resolution approving an Amendment to the Contract with Marsh Management, LLC for Pond Stabilization Work to expand the scope of work and increase the compensation by $27,062.50 (for a total cost of $209,762.50, with funds expended from Account No. L8045-66210 (Golf Course Maintenance – Construction & Major Renovation), and authorizing the Mayor and Village Clerk to execute the Amendment in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2024- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CONTRACT WITH MARSH MANAGEMENT SYSTEMS, LLC FOR POND STABILIZATION WORK AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE TO EXPAND THE SCOPE OF WORK AND ADJUST THE COMPENSATION; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; WAIVING THE VILLAGE’S PURCHASING POLICES AND PROCEDURES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2024-18 on March 14, 2024, the Village Council approved a Contract with Mash Management Systems, LLC for pond stabilization work (adjacent to the 8th fairway and between holes 13 and 14) at the North Palm Beach Country Club Golf Course; and WHEREAS, the parties wish the amend the scope of work to include additional bunker stabilization on the left side of Hole No. 2 and right green side of Hole No. 18 and canal bank stabilization behind Hole No. 13 and to increase the amount of compensation; and WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves an Amendment to the Contract with Marsh Management Systems, LLC for pond stabilization work at the North Palm Beach Country Club, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendment on behalf of the Village. The total cost of the Contract is increased by $27,062.50 to $209,762.50, with funds expended from Account No. L8045-66210 (Golf Course Maintenance – Construction and Major Renovation). Including contingency, the total project budget shall be $219,762.50. Section 3. In approving this Contract, the Village Council hereby by waives all conflicting provisions of the Village’s purchasing policies and procedures. Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall take effect immediately upon adoption. Page 2 of 2 PASSED AND ADOPTED THIS DAY OF , 2024. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 2 AMENDMENT TO CONTRACT THIS AMENDMENT is made as of the ____ day of ________________, 2024 by and between the VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and MARSH MANAGEMENT SYSTEMS, LLC, a Florida limited liability company, hereinafter referred to as CONTRACTOR. WHEREAS, the VILLAGE and CONTRACTOR are parties to a Contract dated March 14, 2024 (“Contract”) for pond stabilization work at the North Palm Beach Country Club Golf Course; and WHEREAS, the parties wish to expand the Scope of Services to include additional bunker stabilization work on the left side of Hole No. 2 and the right green side of the Hole No. 18 fairway and canal bank stabilization work behind Hole No. 13 and adjust the compensation accordingly. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained in the Agreement, as amended, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. Article 1 of the Contract, “Services of Contractor,” is hereby amended to include the additional services set forth in CONTRACTOR’s “Add-On: Custom Erosion Restoration Proposal” dated March 19, 2024, attached hereto as Exhibit “A” and incorporated herein, within the scope of the Work. In the event of a conflict between the terms of the Proposal and the Contract, the terms of this Contract shall control. 3. Article 3 of the Contract, “Compensation and Method of Payment,” is hereby amended to increase the total amount of compensation in Article 3.A to Two Hundred and Nine Thousand Seven Hundred and Sixty-Two Dollars and Fifty Cents ($209,762.50). All references in Article 3 to the Project Quote shall include the additional work set forth in the Proposal referenced above. 4. All other provisions of the Contract, to the extent not specifically modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Amendment as of the day and year first above written. CONTRACTOR: MARSH MANAGEMENT SYSTEMS, LLC BY: Print Name: Title:_____________________________ Page 2 of 2 VILLAGE OF NORTH PALM BEACH BY: ________________________________ SUSAN BICKEL MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY Marsh Management Systems, LLC. • 7957 N University Dr. #1041 • Parkland, Florida 33067 Office: 561-246-3763 • www.marshmgtsystems.com North Palm Beach Country Club ADD-ON: Custom Erosion Restoration Proposal March 19, 2024 • North Palm Beach • Florida Prepared by: Dustin Anderson Marsh Management Systems, LLC. 1312 Commerce Lane 16B, Jupiter FL, 33458 Mobile 561-596-2002 • Office 561-246-3763 dustin@marshmgtsystems.com Florida’s Premier Golf Course SOX® Certified Service Provider Marsh Management Systems, LLC. • 7957 N University Dr. #1041 • Parkland, Florida 33067 Office: 561-246-3763 • www.marshmgtsystems.com March 19, 2024 Mr. Allan Bowman North Palm Beach Country Club 951 US-1 North Palm Beach, FL 33408 Dear Mr. Bowman, We appreciate the opportunity to bid on this project for you! Attached is the Agreement for the SOX Erosion Solutions™ erosion restoration at North Palm Beach Country Club in North Palm Beach, Florida. SOX Erosion Solutions™ suite of patented erosion control products are eco-friendly, bioengineered and designed to immediately halt soil erosion and stabilizes shorelines using rip-stop technology. Our SOX erosion control systems offer these unique attributes: • Long lasting results that continue to improve over time, • Superior buffering and filtering results in improved waterway and ecosystem, • Exceptional water retention for vigorous growth of new vegetation, • The only erosion control system that integrates into the Earth, • Uses locally sourced organic fill • Attaches directly to “intact” shore bank NOT to unstable shore bed, • Allows SOX to be re-tensioned whenever necessary, • Subsurface staking system eliminates injury liability to humans and animals, • SOX “self-tightens” due to its ability to manage incredible weight displacement. We take pride in providing the highest level of service in the industry and look forward to the opportunity of exceeding your expectations! Respectfully yours, Marsh Management Systems, LLC. Florida’s Premier Golf Course SOX® Certified Service Provider Our team has the combined experience of restoring over 100,000 linear feet of shoreline restoration for Florida golf courses using the SOX Erosion Solutions® system. Marsh Management Systems, LLC. • 7957 N University Dr. #1041 • Parkland, Florida 33067 Office: 561-246-3763 • www.marshmgtsystems.com EROSION CONTROL AGREEMENT This agreement dated March 19, 2024, is made between Marsh Management Systems, LLC. (MMS) and CUSTOMER: North Palm Beach Country Club Phone: (908)666-2668 951 US-1 Email: Abowman@village-npb.org North Palm Beach, FL 33408 Contact: Allan Bowman ADD-ON: Project Description Bunker face renovation work using 6’ SOX system for approximately 200 Linear Feet. Strip sod reshape secure and re-sod. MMS will be providing Sod and will be installing it for this project. Re-slope and regrade approximately 250 Linear Feet of canal along with berm enhancements and drainage. We will install catch basin and French drain, repair rip rap, install TRM Matting along the canal, re-sod and install plantings along berm (130 plants at 2’centers). MMS will be providing sod for this project. Total Restoration & Enhancements: $27,062.50 Service includes SOX & TRM Material, custom stakes & rope, sod, equipment, supervisor, labor, travel, and insurance to complete the project. Marsh Management Systems, LLC. • 7957 N University Dr. #1041 • Parkland, Florida 33067 Office: 561-246-3763 • www.marshmgtsystems.com EROSION CONTROL AGREEMENT MMS will provide equipment needed to transport the fill on the course from the staging area to the installation area. CUSTOMER will provide the sand/fill mix for the project. We used approximately 30 cubic yds of fill per 100 LF of 12’ material. MMS will provide and install sod once the system has been installed. It will be the responsibility of the CUSTOMER to irrigate the new sod/planted area once installed. Sprinkler heads will be marked by CUSTOMER otherwise MMS will not be responsible for damage to them during the project. MMS will repair any exposed sprinkler heads damaged during erosion work in a timely manner. A staging area for materials and equipment will be required. MMS will access the waterway at designated areas and sod these areas to bring the property back to complete restoration if needed. MMS is not responsible for damage to any underground irrigation, headwalls, piping, electrical, trees or any lines not noted on the as-builts or not located by Sunshine Locating Services (where digging is necessary). CUSTOMER is responsible for the cost of any necessary permits that may be required prior to commencement of work. The labor warranty for any manual adjustments needed is for a one (1) year period. Our guarantee does not include the loss of material due to ‘acts of God’ such as floods, fire, hurricanes, or other catastrophic events, nor does it include losses due to theft, lack of adequate irrigation, vandalism or negligence by others, or other factors outside the control of our organization. CUSTOMER will be responsible for the purchase of additional materials lost and additional labor needed during the event of a situation mentioned above. Marsh Management Systems, LLC. • 7957 N University Dr. #1041 • Parkland, Florida 33067 Office: 561-246-3763 • www.marshmgtsystems.com CONDITIONS 1. Ownership of property is implied by CUSTOMER with acceptance of this Agreement. In the event that CUSTOMER does not expressly own the areas where the above stated services are to be provided, CUSTOMER represents that express permission of the owner is given and that authorization to commence the above-mentioned services is allowed. In the event of dispute of ownership, CUSTOMER agrees to hold harmless Marsh Management Systems, LLC. for the consequences of such services. 2. Marsh Management Systems, LLC. shall not be responsible for acts beyond its reasonable control, including adverse soil and / or water conditions, adverse weather conditions, unavailable materials, Acts of God, war, acts of vandalism, theft or third-party actions. CUSTOMER further states that neither party shall be responsible in damages or penalties for any failure or delay in performance of any of its obligations caused by above named incidences. 3. Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. 4. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 5. This proposal shall be valid for 30 days. 6. If Marsh Management Systems, LLC. is required to enroll in any third-party compliance programs, invoicing or payment plans that access fees to perform work for CUSTOMER, those charges will be invoiced back to CUSTOMER as invoiced to Marsh Management Systems, LLC. 7. Marsh Management Systems, LLC. will maintain insurance coverage, which includes but is not limited to; General Liability Property Damage, Automobile Liability, and Workman's Compensation at its own expense. 8. No alterations or modifications, oral or written, of the terms contained above shall be valid unless made in writing and accepted in its entirety by authorized representatives of both Marsh Management Systems, LLC. and the CUSTOMER. Marsh Management Systems, LLC. • 7957 N University Dr. #1041 • Parkland, Florida 33067 Office: 561-246-3763 • www.marshmgtsystems.com CONDITIONS CONTINUED 9. Marsh Management Systems, LLC. shall not be responsible for acts beyond its reasonable control, including adverse soil and/or water conditions, adverse weather conditions, unavailable materials, Each party will be excused for a delay of performance under this Agreement if such delay is due to vandalism, acts of war or terrorism, transportation restrictions, strikes, embargoes, acts of God (including, but not limited to, fires, floods, hurricanes, tsunamis, earthquakes, mudslides and severe weather), government orders, or failure of transportation or communications carriers (each a “Force Majeure Event”) for the period of such delay, provided that the party seeking such delay promptly informs the other party of the difficulty encountered and resumes its responsibilities as promptly as practicable. 10. Customer shall permit Marsh Management Systems, LLC. without additional consideration to Customer, to take photographs or video at the project site of both completed work and work in progress. 11. Severability. If any part of this Agreement is determined to be invalid or illegal by any court or agency of competent jurisdiction, then that part shall be limited or curtailed to the extent necessary to make such provision valid, and all other remaining terms of this Agreement shall remain in full force and effect. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 13. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party hereto and their respective successors or permitted assigns, and it is not the intention of the parties to confer third-party beneficiary rights upon any other person or entity. 14. Waiver. The waiver of any breach of any provisions of this Agreement will not operate or be construed as a waiver of any subsequent breach of the same or other provision of this Agreement. 15. No Rights of Set-Off. In no event shall CUSTOMER be entitled to offset against any payment due or to become due to Marsh Management Systems, LLC. under this Agreement. 16. Attorney’s Fees. In the event any party shall be forced to enforce this Agreement, whether or not through litigation, the prevailing party shall be entitled to receive reasonable attorney’s fees and all costs incurred in connection with such enforcement, including fees and costs of appeal. Marsh Management Systems, LLC. • 7957 N University Dr. #1041 • Parkland, Florida 33067 Office: 561-246-3763 • www.marshmgtsystems.com Customer Acceptance The above prices, specifications and conditions are hereby accepted for: North Palm Beach Country Club ADD-ON PROJECT SCHEDULE OF PAYMENT 50% - Mobilization & Material Deposit due 2 weeks prior to installation: $13,521.25 50% - Due Immediately Upon Project Completion: $13,521.25 Billing Address: 7957 N University Dr. #1041, Parkland, FL 33067 Customer: Mr. Allan Bowman Dustin Anderson North Palm Beach Country Club Marsh Management Systems, LLC. 951 US-1 7957 N University Dr. #1041 North Palm Beach, FL 33408 Parkland, FL 33067 Phone: (908)666-2668 Contact: 561-596-2002 Abowman@village-npb.org dustin@marshmgtsystems.com Signature: ______________________ Signature: _____________________ Printed Name: ___________________ Printed Name: __Dustin Anderson___ Date: __________________________ Date: ___ __3/19/2024_________ Florida’s Premier Golf Course SOX® Certified Service Provider VILLAGE OF NORTH PALM BEACH COUNTRY CLUB – GOLF OPERATIONS TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Beth Davis, Country Club General Manager Allan Bowman, Head Golf Professional DATE: April 25, 2024 SUBJECT: RESOLUTION – Approval of a proposal from EZ-GO, a division of Textron, Inc., for a 45-month lease of eighty GPS-equipped Golf Carts, one Utility Hauler, one Shuttle, and one Beverage Cart at a total cost of $840,325.68 _________________________________________________________________________________ Village Staff is requesting Council consideration and approval of the attached Resolution authorizing the extension of the current golf cart lease with E-Z-GO, a division of Textron, Inc., for nine (9) months, along with a commitment for a subsequent three (3) year lease starting in October 2025, for a total lease term of forty-five (45) months. This extension will be facilitated utilizing pricing established in an existing Omnia Partners Public Sector Contract (No. R210201). Background / Project Scope: On May 13, 2021, the Village entered into a thirty-six (36) month lease agreement with E-Z-GO for the lease of eighty GPS equipped golf carts, one utility hauler, one shuttle and one beverage cart (Resolution No. 2021-40). The final payment for this lease is scheduled for January 2025. E-Z-GO has presented the Village with the option to extend the current lease until the end of fiscal year 2025, followed by a new lease for a term of thirty-six (36) months. This arrangement offers several benefits:  The existing golf carts will remain under warranty throughout the extended period and will be promptly refurnished with new bottom seats for the duration of the lease.  Following the January 2025 payment, the GPS payment will be reduced, resulting in a savings of $19,440 over the 9-month extension period ($27.00 per cart x 80 golf carts x 9 months).  By opting for this extension, the Village would “lock-in” current pricing and be shielded from any price increases for the 2026 model year. As part of Staff’s thorough evaluation, proposals were obtained from other major golf cart companies such as Yamaha and Club Car. The total costs for each proposal are outlined below: Total Cost E-Z-GO Club Car Yamaha $840,325.68 (9 months = $108,074.88) (36 months = $732,250,80) $810,270.00 $769,796.55 Although E-Z-GO presents as the highest cost option, there are pertinent factors beyond cost that need to be considered:  EZGO features a patented “Intelibrake system” (basically an airbrake) which is particularly beneficial for negotiating elevation changes at the North Palm Beach Country Club.  During previous leases with Club Car, Staff often experienced anywhere between 10% - 20% of the carts being inoperable due to maintenance issues.  Yamaha’s lack of a track record with lithium batteries and its utilization of a new supplier raise concerns. Additionally, Yamaha’s fleet lacks the advanced braking system offered by E-Z-GO.  While the prices for Yamaha and Club Car pertain to the 2024/2025 product line, the prices for E-Z-GO reflect a 2026 model, providing a more forward-looking investment.  The selection of E-Z-GO aligns with the preferences of the Nicklaus Design Group and is the preferred provider for all Nicklaus Signature and Golf Course properties. Collaborating with E-Z-GO would enable the placement of a golden bear decal on the carts, enhancing awareness of our “signature” status. Golf Advisory Board: At its April 15th meeting, the Golf Advisory Board made recommendation to extend the lease with E-Z-GO as described above. Account Information: Fund Department Account Number Account Description Total Payments 45 Months Country Club Golf Shop L8046-33491 Contractual Services $840,325.68 The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution accepting a proposal from E-Z-GO for a nine (9) month extension of the existing lease and an additional thirty-six (36) month lease (for a total term of forty-five (45) months) of eighty (80) GPS equipped golf carts, one utility hauler, one shuttle and one beverage cart utilizing pricing established in an existing Omnia Partners Public Sector Contract (No. R210201) at a total cost of $840,325.68, with funds expended from Account No. L8046-33491 (Golf Shop – Contractual Services) and authorizing the Village Manager to execute the necessary lease agreements and related documents, subject to review by the Village Attorney as to form and legal sufficiency and in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2024-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM E-Z- GO, A DIVISION OF TEXTRON, INC., FOR A NINE-MONTH EXTENSION OF THE EXISTING LEASE AND A NEW THIRTY-SIX MONTH LEASE FOR EIGHTY GPS EQUIPPED GOLF CARTS, ONE UTILITY HAULER, ONE SHUTTLE, AND ONE BEVERAGE CART PURSUANT TO PRICING ESTABLISHED IN AN EXISTING OMNIA PARTNERS PUBLIC SECTOR CONTRACT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE NECESSARY LEASE AGREEMENTS AND RELATED DOCUMENTS IN ACCORDANCE WITH THE TERMS OF THE PROPOSAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff recommended accepting a proposal from E-Z-GO, a division of Textron, Inc., for a nine-month extension of the Village’s existing lease agreement and a new thirty-six- month lease commencing in October 2025 for eighty (80) 2026 RXV ELITE Lithium golf carts equipped with GPS, one (1) utility hauler, one (1) shuttle and one (1) beverage cart pursuant to pricing established in an existing Omnia Partners, Public Sector Contract (No. R210201); and WHEREAS, the Village Council wishes to accept the E-Z-GO proposal and authorize the Village Manager to execute the necessary lease agreements and related documents; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal submitted by E-Z-GO, a division of Textron, Inc., for a nine-month extension of the Village’s existing lease agreement and a new thirty-six- month lease commencing in October 2025 for eighty (80) 2026 RXV ELITE Lithium golf carts equipped with GPS, one (1) utility hauler, one (1) shuttle and one (1) beverage cart pursuant to pricing established in an existing Omnia Partners, Public Sector Contract (No. R210201) at a total cost of $840,325.68, with funds expended from Account No. L8046-33491 (Golf – Contractual Services). Section 3. Subject to review and approval as to form and legal sufficiency by the Village Attorney, the Village Council further authorizes the Village Manager to execute the required lease agreements and all related documents necessary to effectuate the transaction. Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Page 2 of 2 Section 5. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2024. (Village Seal) MAYOR ATTEST: VILLAGE CLERK PREPARED FOR: The Best Will Always Have Our Name On It. North Palm Beach Country Club Partner with the Industry Leader February 20, 2024 Allan Bowman North Palm Beach Country Club 951 US HWY 1 NORTH PALM BEACH, 33408 Dear Allan Bowman, E-Z-GO® is honored to prepare this exclusive proposal for North Palm Beach Country Club and its members. Since 1954, E-Z-GO has been at the forefront of innovation, reliability and service for the last 70 years. We are committed to providing our customers with vehicle solutions that exceed expectations and perform to the demands of your facilities. E-Z-GO and Cushman® vehicles are manufactured with purpose in mind. We have taken the golf car industry by storm with technologies such as the Samsung Powered ELiTE Lithium batteries, a first-of-its-kind EX1 gas engine, and our Textron Pace systems. These technologies, paired with our reliable fleet and utility vehicle options, provide an experience refined to elevate and improve any course to a premium caliber. The E-Z-GO and Cushman advantage goes far beyond our products. You’ll gain access to a level of service and support unsurpassed in the industry, through the largest fleet of factory direct service technicians, our strong network of factory-owned branch locations and authorized distributors. Through highly reputable regional sponsorships, professional golfers and industry partners, we are dedicated to advancing the game of golf and the industry that fuels it. Our constant pursuit for innovation, performance and customer service elevated our name to the premium provider in the industry. We’re committed to the game and will never stop looking for what’s next. Never settling has put our products on the most prestigious courses and facilities in the world so if you’re looking for the best, E-Z-GO and Cushman have you covered. As you review the enclosed materials, please do not hesitate to contact me with additional questions. I look forward to hearing from you soon, and to serving you at North Palm Beach Country Club. With sincere appreciation, John Baughman Sr. Fleet Sales Representative (954) 540-2764 jbaughman@textron.com Proposal North Palm Beach Country Club February 20, 2024 RXV ELITE 5-YEAR BATTERY WARRANTY ZERO MAINTENANCE BATTERIES ADVANCED INTELLIBRAKE TECHNOLOGY SAMSUNG SDI LITHIUM BATTERIES UNBEATABLE ENERGY EFFICIENCY LOWEST COST OF OPERATIONS 2024 Model Year 74 Body Color Ocean Gray 74 Premium Seat Gray 74 Hole-in-One 18 x 8.50 - 8 (4 Ply Rated) - (Set of 4)74 Spoke, Silver (Set of 4)74 2.2 Single ELiTE Battery Pack 74 Light World Charger, ELiTE (3 m [10 ft] Cord)74 Premium Steering Wheel 74 Frame - E-Shield E-Coat Enhanced Coating 74 USB Port 74 Cooler & Bracket (Passenger Side)74 Sand Bottle (Single) (Both)148 Sand Bucket & Bracket (Driver Side)74 Windshield Mounted Message Holder 74 Windshield, Fold Down 74 NEW Canopy Top, 2 Passenger Modular, Black 74 Pace Wiring Harness Screens 74 Custom Logo/Decals 74 Freight 74 STANDARD FEATURES ACCESSORIES Proposal North Palm Beach Country Club February 20, 2024 RXV FREEDOM ELITE 5 – YEAR BATTERY WARRANTY ZERO MAINTENANCE BATTERIES ADVANCED INTELLIBRAKE TECHNOLOGY SAMSUNG SDI LITHIUM BATTERIES UNBEATABLE ENERGY EFFICIENCY LOWEST COST OF OPERATIONS 2024 Model Year 6 Body Color Ocean Gray 6 Premium Seat Gray 6 Hole-in-One 18 x 8.50 - 8 (4 Ply Rated) - (Set of 4)6 Spoke, Silver (Set of 4)6 2.2 Single ELiTE Battery Pack 6 Light World Charger, ELiTE (3 m [10 ft] Cord)6 Premium Steering Wheel 6 Frame - E-Shield E-Coat Enhanced Coating 6 Headlights/Taillights/Brake Lights (LED) (Turn Signals Not Included)6 State of Charge Meter 6 DC Converter 6 USB Port 6 Cooler & Bracket (Passenger Side)6 Sand Bottle (Single) (Both)12 Sand Bottle Premium Seat Bracket ()1 Sand Bucket & Bracket (Driver Side)6 Windshield, Fold Down 6 NEW Canopy Top, 2 Passenger Modular, Black 6 Pace Wiring Harness Screens 6 Custom Logo/Decals 6 Freight 6 STANDARD FEATURES ACCESSORIES Proposal North Palm Beach Country Club February 20, 2024 HAULER 800X GAS 13.5-HP EFI GAS ENGINE 800-LB VEHICLE LOAD CAPACITY FUNCTIONAL DASHBOARD WITH STORAGE 8.4-CU-FT CARGO BED HEADLIGHTS & BRUSHGUARD LIFTED SUSPENSION K500 20 x 8-10, 6 Ply Rated, Black Wheel 1 Body Color Forest Green 1 Side Decals Matte Black (no decal)1 Contoured Seat Gray 1 Two Wheel Mechanical Brakes 1 Brush Guard 1 Comfort Grip Steering Wheel with Scorecard Holder 1 Large Fender Flares 1 Fuel/Oil Gauge 1 Hour Meter 1 Halogen Headlights 1 Plastic Bed Box (Manual Lift)1 Ball Cage - ROPS Certified 1 Freight 1 STANDARD FEATURES ACCESSORIES Proposal North Palm Beach Country Club February 20, 2024 SHUTTLE 6 ELITE 5-YEAR BATTERY WARRANTY ZERO MAINTENANCE BATTERIES 1,200-LB VEHICLE LOAD CAPACITY 6-PASSENGER SEATING HEADLIGHTS, BRAKELIGHTS AND TAIL LIGHTS SAMSUNG SDI LITHIUM BATTERIES Hole-N-One 18 x 8.5-8 (Front)1 Hole-N-One 18 x 8.5-8 (Rear)1 Silver Metallic (Set of 4)1 Body Color Forest Green 1 ELiTE World Charger, 48V DC, 10' (3.0M) Cord UL/CSA 1 Seat Color - 6 Passenger Only (Gray)1 Headlights 1 Horn 1 ELiTE 4.2 Batteries 1 DC/DC Converter 1 State of Charge Meter 1 Hour Meter 1 USB Port, Dual 1 5 Panel Mirror 1 Windshield Split 1 Frame - E-Shield E-Coat Enhanced Coating 1 Brushguard 1 Sun Canopy Top, 116" Black 1 Limited Slip Differential 1 Custom Logo/Decals 1 Freight 1 STANDARD FEATURES ACCESSORIES Proposal North Palm Beach Country Club February 20, 2024 REFRESHER OASIS 13.5-HP EFI GAS ENGINE 4 COLD STORAGE DRAWERS 12.1-SQ-FT WRAP-AROUND COUNTER MERCHANDISE CABINET 500 CAN CAPACITY MERCHANDISE CABINET Cowl Color Forest Green 1 Refresher Unit Color Graphite Gray 1 Side Decals Matte Black (no decal)1 Standard Seat Gray 1 K399 Load Star 18.5 x 8.5 - 8, 8 Ply Rated, Black Wheel 1 Two Wheel Mechanical Brakes 1 Brush Guard 1 Comfort Grip Steering Wheel with Scorecard Holder 1 Hour Meter 1 Fuel/Oil Gauge 1 Halogen Headlights 1 Counter Top White 1 Sun Canopy, Slate (with Pebble Platinum)1 Airpots (two, three liter airpots mounted on the dry goods section)1 Consumable Ice Bin with Lid 1 Windshield, Flat with Side Mirrors 1 Custom Logo/Decals 1 Freight 1 STANDARD FEATURES ACCESSORIES Proposal North Palm Beach Country Club February 20, 2024 PACE 10EX (36 MO) REAL-TIME VEHICLE DATA AUTOMATIC SOFTWARE UPDATES 10" ULTRA-BRIGHT TOUCHSCREEN DISPLAY ACCURATE HOLE AND YARDAGE GPS EHANCED HD HOLE GRAPHICS GEOFENCING & VEHICLE ALERTS STANDARD FEATURES ACCESSORIES Proposal North Palm Beach Country Club February 20, 2024 CURRENT LEASE CONDITIONS Upon acceptance of this proposal, North Palm Beach Country Club current lease schedule(s) 0843032-100 will be terminated after Oct 22, 2025 payment has been made provided the lease is current and in good standing. Upon acceptance of this proposal, North Palm Beach Country Club current lease schedule(s) 0843032-101 will be terminated after Oct 22, 2025 payment has been made provided the lease is current and in good standing. Upon acceptance of this proposal, North Palm Beach Country Club current lease schedule(s) 0843032-102 will be terminated after Oct 22, 2025 payment has been made provided the lease is current and in good standing. Upon acceptance of this proposal, North Palm Beach Country Club current lease schedule(s) 0843032-102 will be terminated after Oct 22, 2025 payment has been made provided the lease is current and in good standing. Upon acceptance of this proposal, North Palm Beach Country Club current lease schedule(s) 0843032-102 will be terminated after Oct 22, 2025 payment has been made provided the lease is current and in good standing. This last payment date is subject to change due to shifts in the delivery timeline. Unless otherwise stated, the last payment will coincide with the month of the new delivery. SPECIAL CONSIDERATIONS While it is our intent to honor the quoted pricing, the final pricing may change due to factors beyond the control of E-Z-GO. Final interest rates, pricing, and trade values will be determined 90 days prior to delivery. Trades must be in working condition and free from major cosmetic or mechanical damage, at time of pickup, to receive full trade value. The Village of North Palm Beach will make 9 extension payments on the current lease schedules through October 22, 2025 with delivery of the new equipment in October 2025. After the January 22, 2025 payment on the Pace GPS lease (008-0843032-300) the payment will be reduced to $1440.00 per month which will save the Village of NPB $19,440.00 over the 9 months prior to delivery. With this commitment the Village of North Palm Beach will "lock-in" current pricing and be sheltered from any price increases for the 2026 model year products not related to lease interest rates. All pricing established using the Omnia Partners Public Sector Contract #R210201. Based on the structure of the above proposed deal, the following documentation will be required for all deals, to establish creditworthiness: YEAR MODEL QTY TERM CAR/MONTH TOTAL MONTHLY PRICE 2024 RXV ELiTE 74 36 Month $189.00 $13,986.00 2024 RXV Freedom ELiTE 6 36 Month $189.00 $1,134.00 2024 Hauler 800X Gas 1 36 Month $312.85 $312.85 2024 Shuttle 6 ELiTE 1 36 Month $376.45 $376.45 2024 Refresher Oasis 1 36 Month $535.00 $535.00 Pace 10EX (36 Mo)80 36 Month $49.95 $3,996.00 MONTHLY AMOUNT $20,340.30 NUMBER OF PAYMENTS PER YEAR PAYMENT MONTHS DELIVERY FIRST PAYMENT 12 All October 2025 November 2025 FAIR MARKET VALUE LEASE PROGRAM DETAILS Proposal North Palm Beach Country Club February 20, 2024 LEASED NEEDS: ·Signed Credit Application ·Last Two Full years of Audited Financial Statements (Income Statement, Balance Sheet) ·YTD Financial Statements (Income Statement, Balance Sheet) CASH PURCHASE NEEDS: ·Bank Letter (Proof of Funds at 90 days prior to delivery) OR Financials (Income Statement, Balance Sheet) to establish a Credit Limit with E-Z-GO. While it’s our intent to hold this pricing, this pricing is subject to change due to factors that are beyond the control of E-Z-GO. Final interest rates, trade values, and pricing will be determined 90 days prior to delivery. NOTE: All goods ordered in error by the Customer or goods the Customer wishes to return are subject to a restock fee. The restock fee is 3% of the original invoice value of the goods. Prices quoted above are those currently in effect and are guaranteed subject to acceptance within 30 days of the date of this proposal. Applicable state taxes, local taxes, and insurance are not included. Lease rates may change if alternate financing is required. Payment schedule(s) does not include any finance, documentation, or initiation fees that may be included with the first payment. All lease cars and trades must be in running condition and a fleet inspection will be performed prior to pick up. It is the club's responsibility to either repair damages noted or pay for the repairs to be completed. All electric cars must have a working charger. All pricing and trade values are contingent upon management approval. Any change to the accessory list must be obtained in writing at least 30 days prior to production date. North Palm Beach Country Club E-Z-GO Accepted by:____________________________________________Accepted by:_____________________________________________ Title:___________________________________________________Title: ___________________________________________________ Date:___________________________________________________Date:____________________________________________________ } MODEL YEAR 2024 Limited Warranty Terms and Conditions – Non-Fleet Lithium Vehicles E-Z-GO Textron Specialized Vehicles Inc. (“Company”) provides that any new Model Year 2024 E-Z-GO non-fleet vehicle equipped with a lithium battery pack (the “Vehicle”) and/or the battery charger for the Vehicle’s lithium battery pack purchased from Company, a Company affiliate, or an authorized Company dealer or distributor, or leased from a leasing company approved by Company, shall be free from defects in material or workmanship under normal use and service (the “Limited Warranty”). This Limited Warranty with respect only to parts and labor is extended to the Original Retail Purchaser or the Original Retail Lessee (“Purchaser”) for defects reported to Company no later than the following warranty periods for the Vehicle parts and components set forth below (the “Warranty Period”): Vehicle Warranty Period NON-FLEET LITHIUM POWERED VEHICLES FRAME - WORKMANSHIP LIFETIME LITHIUM BATTERY PACK – Individual Cells 5 years LITHIUM BMS – Battery Management System Only 5 years Chargers and receptacles 5 years ALL OTHER PARTS AND COMPONENTS FOR FREEDOM MODELS 3 years ALL OTHER PARTS AND COMPONENTS FOR EXPRESS/LIBERTY 2 years ALL REMAINING COMPONENTS - All options and accessories supplied by E-Z-GO at time of delivery, and all components not specified elsewhere 2 years INITIAL ADJUSTMENTS - Initial alignment, adjustments, fastener retightening 90 days ALL PACE SCREENS supplied by Company at time of purchase 5 Years ALL OTHER PACE COMPONENTS supplied by Company at time of purchase 3 Years The Warranty Period for all parts and components of the Vehicle other than Lithium Batteries shall commence on the date of delivery to the Purchaser’s location or the date on which the Vehicle is placed in Purchaser-requested storage. The Warranty Period for Lithium Batteries shall commence on the earliest of the following dates: (a)of Vehicle delivery to the Purchaser’s location, (b)on which the Vehicle is placed in Purchaser- requested storage or (c)that is sixty (60) days from the date of sale or lease of the Vehicle by the Company to an authorized Company dealer or distributor. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the original Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval from the Director of the Company’s Customer Care / Warranty Department. EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are: -routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result of fluctuations in electric current; -damage to or deterioration of a Vehicle, part or battery charger resulting from neglect, abuse, accident, collision, or inadequate maintenance; -damage resulting from installation or use of parts or accessories not approved by Company, including but not limited to subsequent failures of the Vehicle, other parts or the battery charger due to the installation and/or use of parts and accessories not approved by Company; -warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; -damage or loss resulting from acts of nature, vandalism, theft, war or other events over which Company has no control; -any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer, distributor or designee for warranty service or in performing field warranty service; and -any and all expenses, fees or duties incurred relative to inbound freight, importation, or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: -shows indications that routine maintenance was not performed in accordance with the Owner’s Manual provided with the Vehicle, including but not limited to proper tire inflation or lack of charging -shows indications that non-recommended lubricants were applied to the Vehicle and any part thereof; -shows indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; -shows indications that it has been altered or modified in any way from Company specifications, including but not limited to alterations to the speed braking system, electrical system, passenger capacity or seating; -has been altered to be used or operated outside of Company approved applications, specified environments or performance conditions; -is equipped with tires not expressly approved by Company for use with the Vehicle; -lacks an adequate number of operating battery chargers, or uses unapproved battery chargers for the Vehicle,or uses extension cords with battery chargers; -has electrical accessories that are not manufactured or sold by the Company for use with the Vehicle or any electrical energy consuming devices installed directly to the battery pack; -shows indications that the battery pack was disassembled, opened, or tampered with in any way; -shows indications that attempts may have been made to intentionally reduce the battery pack life; -contain lithium battery packs that are not paired with the battery management system as supplied by the Company. } Storage and Operation limitations Condition Time Allowed STORAGE BETWEEN CHARGE CYCLES 3 months STORAGE BETWEEN -22°F (-30°C) AND -4°F (-20°C) STORAGE ONLY – NO CHARGING OR DISCHARGING OF BATTERY PACK 1 month OPERATION OF VEHICLE BELOW -4°F (-20°C) OR ABOVE 140°F (60°C)NOT ALLOWED USE OF NON-APPROVED PARTS AND ACCESSORIES: THIS LIMITED WARRANTY SHALL NOT APPLY TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR EXPRESSLY AUTHORIZED BY COMPANY, OR WHICH WERE NOT INSTALLED BY COMPANY, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPS SYSTEMS, COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS, INFORMATION SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLEBATTERIES. REMEDY: Purchaser’s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle, any part or component, or battery charger during the applicable Warranty Period is that Company will, at its sole option, repair or replace any defective parts. For such warranty repairs or replacements, Company may, at its sole discretion, provide factory reconditioned parts or new components from alternate suppliers. All replaced parts become the sole property of Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as Company has made reasonable efforts to repair or replace the defective parts. DISCLAIMER: THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. LIABILITY LIMITATIONS: IN NO CASE SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER, OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSS, WHETHER OR NOT COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF TH E VEHICLE, INCREASES THE VEHICLE’S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. DO NOT MAKE ANY SUCH MODIFICATIONS OR CHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THIS LIMITED WARRANTY. COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD A DVERSELY IMPACT THE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. LITHIUM BATTERY WARRANTY LIMITATIONS, CONDITIONS AND EXCEPTIONS: -Claims for battery replacement require specific testing, as specified by the Company’s Customer Care / Warranty Department, prior to approving any such warranty claim. Company, or an authorized Company dealer or distributor, should be contacted to obtain a copy of the required tests, however, such tests may only be performed by Company personnel or personnel expressly authorized by the Company to perform such testing. -IF IT IS DETERMINED THAT PARTS OR ACCESSORIES WERE INSTALLED DIRECTLY TO THE VEHICLE’S BATTERY PACK WITHOUT THE COMPANY’S EXPRESS WRITTEN APPROVAL, THEN THE WARRANTY FOR THE BATTERY PACK AND THE BATTERY MANAGEMENT SYSTEM SHALL BE VOID. -ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. -Electric Vehicle storage facilities must provide the following: -ample electrical power to charge all Vehicles and allow the charger to shut off automatically; -battery chargers must each have an independent dedicated 10 amp circuit; -each battery charger must be connected to its circuit with at minimum a NEMA 15-5R three-pin receptacle; -one (1) functional charger for each Vehicle with a proper electrical supply as specified above; and -BATTERY CHARGERS MUST BE THE COMPANY APPROVED CHARGERS FOR LITHIUM BATTERY PACK VEHICLES. OTHER COMPANY RIGHTS: -Company may improve, modify or change the design of any Company vehicle, part, or battery charger without being responsible to modify previously manufactured vehicles, parts or battery chargers. -Company may audit and inspect the Purchaser’s facility, maintenance records and its Vehicles prior to approving any warranty claim; also Company may use a third party to perform such audit or inspection of the Purchaser’s storage facilities, and/or batteries. -THIS LIMITED WARRANTY SHALL BE VOID IF DATA SUBMITTED FOR ANY WARRANTY CLAIM CONTAINS FALSE OR MISLEADING INFORMATION. AUTHORITY: No Company employee, dealer, distributor or representative, or any other person, has any authority to bind Company to any modifications of the terms and conditions of this Limited Warranty without the express written approval from the Director of the Company’s Customer Care / Warranty Department. FOR FURTHER INFORMATION, CALL 1-800-774-3946, GO TO EZGO.COM 657285G24 } MODEL YEAR 2024 Limited Warranty Terms and Conditions – RXV ELiTE Fleet Vehicles Textron Specialized Vehicles Inc. (“Company”) provides that any new Model Year 2024 E-Z-GO RXV Fleet Elite electric vehicle (Vehicles factory equipped with a lithium battery pack) (the “Vehicles”) and/or the battery charger for the Vehicle’s lithium battery pack purchased from the Company, a Company affiliate, or an authorized Company dealer or distributor, or leased from a leasing company approved by the Company, shall be free from defects in material or workmanship under normal use and service (the “Limited Warranty”). This Limited Warranty with respect only to parts and labor is extended to the Original Retail Purchaser or the Original Retail Lessee (“Purchaser”) for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below (the “Warranty Period”): Part or Component Warranty Period FRAME - WORKMANSHIP LIFETIME SUSPENSION - Steering Gearbox, steering column, shocks and leaf springs 4 Years MAJOR ELECTRONICS – Electric motor, solid state speed controller 4 Years LITHIUM BATTERY SYSTEM – Battery pack, battery management system, battery charger, and charger receptacle 5 Years PEDAL GROUP - Pedal assemblies, and motor brake 4 Years SEATS - Seat bottom, seat back and hip restraints 3 Years CANOPY SYSTEM - Canopy and canopy struts 4 Years POWERTRAIN – Electric axle 3 Years BODY GROUP – Front and rear cowls, side panels and instrument panel 3 Years OTHER ELECTRICAL COMPONENTS – Solenoid, limit switches, DC/DC converter, F&R switch, charger cord, wiring harness 3 Years ALL REMAINING COMPONENTS - All options and accessories supplied by E-Z-GO at time of delivery, and all components not specified elsewhere 2 Years INITIAL ADJUSTMENTS – Initial alignment, adjustments, fastener tightening 90 days ALL PACE SCREENS supplied by Company at time of purchase 5 Years ALL OTHER PACE COMPONENTS supplied by Company at time of purchase 3 Years The Warranty Period for all parts and components of the Vehicle other than Lithium Batteries shall commence on the date of delivery to the Purchaser’s location or the date on which the Vehicle is placed in Purchaser-requested storage. The Warranty Period for Lithium Batteries shall commence on the earliest of the following dates: -of Vehicle delivery to the Purchaser’s location, -on which the Vehicle is placed in Purchaser- requested storage or -that is sixty (60) days from the date of sale or lease of the Vehicle by the Company to an authorized Company dealer or distributor. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the original Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval from the Director of the Company’s Customer Care / Warranty Department. EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are: -routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result of fluctuations in electric current; -damage to or deterioration of a Vehicle, part or battery charger resulting from an accident or collision, or from the neglect, abuse, or inadequate maintenance of the Vehicles; -damage resulting from installation or use of parts or accessories not approved by Company, including but not limited to subsequent failures of the Vehicle, other parts or the battery charger due to the installation and/or use of parts and accessories not approved by Company; -warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; -damage or loss resulting from acts of nature, vandalism, theft, war or other events over which Company has no control; -any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer, distributor or designee for warranty service or in performing field warranty service; and -any and all expenses, fees or duties incurred relative to inbound freight, importation, or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: - shows indications that routine maintenance was not performed in accordance with the Owner’s Manual provided with the Vehicle, including but not limited to rotation of fleet, proper tire inflation, and lack of charging. -shows indications that non-recommended lubricants were applied to the Vehicle and any part thereof; -shows indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; -shows indications that it has been altered or modified in any way from Company specifications, including but not limited to alterations to the speed braking system, electrical system, passenger capacity or seating; -has been altered to be used or operated outside of Company approved applications, specified environments or performance conditions; -is equipped with tires not expressly approved by Company for use with the Vehicles; -lacks an adequate number of operating battery chargers, or uses unapproved battery chargers for the Vehicle or uses extension cords with battery chargers; -shows indication that the battery charger has been modified to charged vehicles not approved for the charger; -has electrical accessories that are not manufactured or sold by the Company for use with the Vehicle or any electrical energy consuming devices installed directly to the battery pack; -shows indications that the battery pack was disassembled, opened, or tampered with in any way; -shows indications that attempts may have been made to intentionally reduce the battery pack life; -contain lithium battery packs that are not paired with the battery management system as supplied by the Company; } Storage and Operation Limitations Condition Time Allowed STORAGE BETWEEN CHARGE CYCLES 3 months STORAGE BETWEEN -22°F (-30°C) AND -4°F (-20°C) STORAGE ONLY – NO CHARGING OR DISCHARGING OF BATTERY PACK 1 month OPERATION OF VEHICLE BELOW -4°F (-20°C) OR ABOVE 140°F (60°C)NOT ALLOWED USE OF NON-APPROVED PARTS AND ACCESSORIES: THIS LIMITED WARRANTY SHALL NOT APPLY TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR EXPRESSLY AUTHORIZED BY THE COMPANY, OR WHICH WERE NOT INSTALLED BY THE COMPANY, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPS SYSTEMS, COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS, INFORMATION SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY: Purchaser’s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle, any part or component, or battery charger during the applicable Warranty Period is that Company will, at its sole option, repair or replace any defective parts. For such warranty repairs or replacements, the Company may, at its discretion, provide factory reconditioned parts or new components from alternate suppliers. All replaced parts become the sole property of the Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as the Company has made reasonable efforts to repair or replace the defective parts. DISCLAIMER: THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. LIABILITY LIMITATIONS: IN NO CASE SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER, OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSS, WHETHER OR NOT THE COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE’S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. DONOTMAKEANYSUCHMODIFICATIONSORCHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THIS LIMITED WARRANTY. THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACT THE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. LITHIUM BATTERY WARRANTY LIMITATIONS, CONDITIONS AND EXCEPTIONS: -Claims for battery replacement require specific testing, as specified by Company’s Customer Care / Warranty Department. The Company, or an authorized Company dealer or distributor, should be contacted to obtain a copy of the required tests. -IF IT IS DETERMINED THAT PARTS OR ACCESSORIES WERE INSTALLED DIRECTLY TO THE VEHICLE’S BATTERY PACK WITHOUT THE COMPANY’S EXPRESS WRITTEN APPROVAL, THEN THE WARRANTY FOR THE BATTERY PACK AND THE BATTERY MANAGEMENT SYSTEM SHALL BE VOID. -ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. -Electric Vehicle storage facilities must provide the following: - ample electrical power to charge all Vehicles and allow the charger to shut off automatically; -battery chargers must each have an independent dedicated 15 amp circuit; - each battery charger must be connected to its circuit with at minimum a NEMA 15-5R three-pin receptacle; -one (1) functional charger for each Vehicle in the fleet with a proper electrical supply as specified above; and -BATTERY CHARGERS MUST BE THE COMPANY APPROVED CHARGERS FOR LITHIUM BATTERY PACK VEHICLES. OTHER COMPANY RIGHTS: -Company may perform semi-annual vehicle inspections (directly or through assigned Company representatives) through the term of any fleet lease. -Company may improve, modify or change the design of any Company vehicle, part or battery charger without being responsible to modify previously manufactured vehicles, parts or battery chargers. -Company may audit and inspect the Purchaser’s facility, maintenance records and its Vehicles prior to approving any warranty claim; furthermore, Company may use a third party to perform such audit or inspection of the Purchaser’s storage facilities, and/or batteries. -THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS FALSE OR MISLEADING INFORMATION. AUTHORITY: No Company employee, dealer, distributor or representative, or any other person, has any authority to bind Company to any modifications of the terms and conditions of this Limited Warranty without the express written approval from the Director of the Company’s Customer Care / Warranty Department FOR FURTHER INFORMATION, CALL 1-800-774-3946, GO TO TSV.COM, OR WRITE TO TEXTRON SPECIALIZED VEHICLES INC., ATTENTION: TSV CUSTOMER CARE / WARRANTY DEPARTMENT, 1451 MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30906 USA. TSV P/N 657284G24 } MODEL YEAR 2024 Limited Warranty Terms and Conditions – Cushman Lithium Vehicles The Textron Specialized Vehicles (TSV) Division of Textron Inc. (“Company”) provides that any new Model Year 2024 Cushman Shuttle/Hauler vehicles (the “Vehicle”) and/or battery charger for the Vehicle’s lithium-ion battery pack purchased from the Company, a Company affiliate, or an authorized Company dealer or distributor, or leased from a leasing company approved by Company, shall be free from defects in material or workmanship under normal use and service (the “Limited Warranty”). This Limited Warranty with respect only to parts and labor is extended to the Original Retail Purchaser or the Original Retail Lessee (“Purchaser”) for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below (the “Warranty Period”): Part or Component Warranty Period FRAME – WORKMANSHIP LIFETIME LITHIUM BATTERY SYSTEM – Battery pack, battery management system, battery charger, and charger receptacle 5 years ALL REMAINING COMPONENETS – Including all options and accessories provided by TSV at time of delivery 2 years INITIAL ADJUSTMENTS – Initial alignment, adjustments, fastener tightening 90 days ALL PACE SCREENS supplied by Company at time of purchase 5 Years ALL OTHER PACE COMPONENTS supplied by Company at time of purchase 3 Years The Warranty Period for all parts and components of the Vehicle other than Lithium-ion Batteries shall commence on the date of delivery to the Purchaser’s location or the date on which the Vehicle is placed in Purchaser-requested storage. The Warranty Period for Lithium-ion Batteries shall commence on the earliest of the date: -of Vehicle delivery to the Purchaser’s location, -on which the Vehicle is placed in Purchaser-requested storage or -that is sixty (60) days from the date of sale or lease of the Vehicle by the Company to an authorized company dealer or distributor. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the Customer Care / Warranty Department. EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are: -routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result of fluctuations in electric current; -damage to or deterioration of a Vehicle, part or battery charger resulting from inadequate maintenance, neglect, abuse, accident or collision; -damage resulting from installation or use of parts or accessories not approved by the Company, including but not limited to subsequent failures of the Vehicle, other parts or the battery charger due to the installation and/or use of parts and accessories not approved by Company; -warranty repairs made by other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs by other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; -damage or loss resulting from acts of nature, vandalism, theft, war or other events over which Company has no control; -any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer, distributor or designee for warranty service or in performing field warranty service; and -any and all expenses, fees or duties incurred relative to inbound freight, importation, or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: -shows indications that routine maintenance was not performed per the Owner’s Manual, including but not limited to proper tire inflation and lack of charging; -shows indications that non-recommended lubricants were applied to the Vehicle and any part thereof; -shows indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; -shows indications that it has been altered or modified in any way from Company specifications, including but not limited to alterations to the speed braking system, electrical system, passenger capacity or seating; -has been altered to be used or operated outside of Company approved applications, specified environments or performance conditions; -is equipped with tires not expressly approved by Company for use with the Vehicles; -lacks an adequate number of operating battery chargers, or uses unapproved battery chargers for the Vehicle or uses extension cords with battery chargers; -shows indication that the battery charger has been modified to charge vehicles not approved for the charger; -has electrical accessories that are not manufactured or sold by the Company for use with the Vehicle or any electrical energy consuming devices installed directly to the battery pack; -shows indications that the battery pack was disassembled, opened, or tampered with in any way; -shows indications that attempts may have been made to intentionally reduce the battery pack life; -contains lithium battery packs that are not paired with the battery management system as supplied by the Company; Storage and Operation Limitations Condition Time Allowed STORAGE BETWEEN CHARGE CYCLES 3 months STORAGE BETWEEN -22°F (-30°C) AND -4°F (-20°C) STORAGE ONLY – NO CHARGING OR DISCHARGING OF BATTERY PACK 1 month OPERATION OF VEHICLE BELOW -4°F (-20°C) OR ABOVE 140°F (60°C) NOT ALLOWED USE OF NON-APPROVED COMPANY PARTS AND ACCESSORIES: THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY COMPANY, OR WHICH WERE NOT INSTALLED BY COMPANY, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPS SYSTEMS, COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS, INFORMATION SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. } REMEDY: Purchaser’s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle, any part or component, or battery charger during the applicable Warranty Period is that Company will, at its sole option, repair or replace any defective parts. If Company elects to repair or replace a defective part, Company may at its discretion provide a factory reconditioned part or new component from an alternate supplier. All replaced parts become the sole property of Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as Company has made reasonable efforts to repair or replace the defective parts. DISCLAIMER: THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. LIABILITY LIMITATIONS: IN NO CASE SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER, OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSS, WHETHER OR NOT COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER’S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE VEHICLE FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE’S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. DO NOT MAKE ANY SUCH MODIFICATIONS OR CHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THE LIMITED WARRANTY. COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACT THE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. -Claims for battery replacement require specific testing, as specified by Company’s Customer Care / Warranty Department. The Company, or an authorized Company dealer or distributor, should be contacted to obtain a copy of the required tests. -IF IT IS DETERMINED THAT PARTS OR ACCESSORIES WERE INSTALLED DIRECTLY TO THE VEHICLE’S BATTERY PACK WITHOUT THE COMPANY’S EXPRESS WRITTEN APPROVAL, THEN THE WARRANTY FOR THE BATTERY PACK AND THE BATTERY MANAGEMENT SYSTEM SHALL BE VOID. -ALL NON-48 VOLT AND/OR NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. -Electric Vehicle storage facilities must provide the following: • ample electrical power to charge all Vehicles and allow the charger to shut off automatically; -battery chargers must each have an independent dedicated 15 amp circuit; -each battery charger must be connected to its circuit with at minimum a NEMA 15-5R three-pin receptacle; -one (1) functional charger for each Vehicle in the fleet with a proper electrical supply as specified above; and -BATTERY CHARGERS MUST BE THE COMPANY APPROVED CHARGERS FOR LITHIUM BATTERY PACK VEHICLES. OTHER COMPANY RIGHTS: -Company may improve, modify or change the design of any TSV vehicle, part or battery charger without being responsible to modify previously manufactured vehicles, parts or battery chargers. -Company may audit and inspect the Purchaser’s facility, maintenance records and its Vehicles by Company representatives prior to approving a warranty claim and may contract with a third party to evaluate the Purchaser’s storage facilities, fuel storage tanks and/or batteries. AUTHORITY: No Company employee, dealer, distributor or representative, or any other person, has any authority to bind Company beyond the terms of this Limited Warranty without the express written approval of the Customer Care / Warranty Department. FOR FURTHER INFORMATION, CALL 1-800-774-3946, GO TO WWW.CUSHMAN.COM, OR WRITE TO TSV DIVISION OF TEXTRON INC., ATTENTION: TSV CUSTOMER CARE / WARRANTY DEPARTMENT, 1451 MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30906 USA. TSV P/N 681105G24 } MODEL YEAR 2024 Limited Warranty Terms and Conditions – TSV Commercial / Turf Vehicles The Textron Specialized Vehicles (TSV) Division of Textron Inc. (“Company”) provides that any new Model Year 2024 Cushman Commercial / Turf vehicle (the “Vehicle”) and/or battery charger purchased from Company, a Company affiliate, or an authorized Company dealer or distributor, or leased from a leasing company approved by Company, shall be free from defects in material or workmanship under normal use and service (the “Limited Warranty”). This Limited Warranty with respect only to parts and labor is extended to the Original Retail Purchaser or the Original Retail Lessee (“Purchaser”) for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below (the “Warranty Period”): Vehicle Warranty Period Cushman Commercial/Turf Vehicles (Refresher, Shuttle, Hauler): -Frame - workmanship -All other parts and components unless otherwise noted Lifetime 2 years INITIAL ADJUSTMENTS – Initial alignment, adjustments, fastener retightening 90 days Lead Acid Deep Cycle Batteries Earlier of 2 years or 23,000 amp hours* ALL PACE SCREENS supplied by Company at time of purchase 5 Years ALL OTHER PACE COMPONENTS supplied by Company at time of purchase 3 Years * Added electrical components not part of original Vehicle drive system equipment that consume equal to or more than .4 amps shall reduce the amp hour battery warranty by fifteen percent (15%). Added electrical components not part of original Vehicle drive system equipment that consume less than .4 amps shall reduce the amp hour battery warranty by ten percent (10%). See reverse for other battery warranty limitations, conditions and exceptions. The Warranty Period for all parts and components of the Vehicle other than Lead Acid Deep Cycle Batteries shall commence on the date of delivery to the Purchaser’s location or the date on which the Vehicle is placed in Purchaser-requested storage. The Warranty Period for Lead Acid Deep Cycle Batteries shall commence on the earliest of the date: -of Vehicle delivery to the Purchaser’s location, -on which the Vehicle is placed in Purchaser-requested storage or -that is one (1) year from the date of sale or lease of the Vehicle by the Company to an authorized company dealer or distributor. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the Customer Care / Warranty Department. EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are: -routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result of fluctuations in electric current; -damage to or deterioration of a Vehicle, part or battery charger resulting from inadequate maintenance, neglect, abuse, accident or collision; -damage resulting from installation or use of parts or accessories not approved by Company, including but not limited to subsequent failures of the Vehicle, other parts or the battery charger due to the installation and/or use of parts and accessories not approved by Company; -warranty repairs made by other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs by other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; -damage or loss resulting from acts of nature, vandalism, theft, war or other events over which Company has no control; -any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer, distributor or designee for warranty service or in performing field warranty service; and -any and all expenses, fees or duties incurred relative to inbound freight, importation, or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: -shows indications that routine maintenance was not performed per the Owner’s Manual, including but not limited to proper tire inflation, lack of charging, inadequate Lead Acid battery watering, use of contaminated water, loose battery hold downs, corroded battery cables and loose battery terminals; -lacks an adequate number of operating battery chargers, uses unapproved battery chargers for the vehicle or uses extension cords with battery chargers; -gasoline powered Vehicles fueled with unleaded gasoline containing more than 10% ethanol, E85 ethanol fuel or other non-recommended fuels, contaminated gasoline or other non-recommended lubricants; -shows indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; -shows indications it has been altered or modified in any way from Company specifications, including but not limited to alterations to the speed braking system, electrical system, passenger capacity or seating; -has non-Company approved electrical accessories or electrical energy consuming devices installed on a gasoline Vehicle without installation of a heavy duty 12V battery; -has non-Company approved electrical accessories or electrical energy consuming devices installed on an electric powered Vehicle without installation of an adequately sized DC to DC converter to draw energy from the entire battery pack; -adjustments are made to the injection pump fuel delivery system or CVT system; or -is equipped with non-standard tires not approved by the Company. USE OF NON-APPROVED COMPANY PARTS AND ACCESSORIES: THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY COMPANY, OR WHICH WERE NOT INSTALLED BY COMPANY, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPS SYSTEMS, COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS, INFORMATION SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY: Purchaser’s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle, any part or component, or battery charger during the applicable Warranty Period is that Company will, at its sole option, repair or replace any defective parts. If Company elects to repair or replace a defective part, Company may at its discretion provide a factory reconditioned part or new component from an alternate supplier. All replaced parts become the sole property of Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as Company has made reasonable efforts to repair } or replace the defective parts. DISCLAIMER: THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. LIABILITY LIMITATIONS: IN NO CASE SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER, OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSS, WHETHER OR NOT COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER’S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE VEHICLE FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE’S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. DO NOT MAKE ANY SUCH MODIFICATIONS OR CHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THE LIMITED WARRANTY. COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACT THE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. LEAD ACID DEEP CYCLE BATTERY WARRANTY LIMITATIONS, CONDITIONS AND EXCEPTIONS: -Claims for battery warranty replacement require specific testing, as specified by the Customer Care / Warranty Department. Company, or an authorized Company dealer or distributor, should be contacted to obtain a copy of the required tests, which must be performed and corrected for temperature, based upon BCI (Battery Council International) recommendations. -NON-FACTORY INSTALLED PARTS OR ACCESSORIES INSTALLED DIRECTLY TO LESS THAN THE COMPLETE VEHICLE BATTERY PACK WILL VOID THE WARRANTY FOR THE ENTIRE BATTERY PACK. -ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. -Electric Vehicle storage facilities must provide the following: -ample electrical power to charge all Vehicles and allow the charger to shut off automatically; -battery chargers must each have an independent dedicated 15 amp circuit; -each battery charger must be connected to its circuit with at minimum a NEMA 15-5R three-pin receptacle; -five (5) air exchanges per hour in the charging facility; and -one (1) functional charger for each Vehicle in the fleet with a proper electrical supply as specified above. OTHER COMPANY RIGHTS: -Company may improve, modify or change the design of any TSV vehicle, part or battery charger without being responsible to modify previously manufactured vehicles, parts or battery chargers. -Company may audit and inspect the Purchaser’s facility, maintenance records and its Vehicles by Company representatives prior to approving a warranty claim and may contract with a third party to evaluate the Purchaser’s storage facilities, fuel storage tanks and/or batteries. AUTHORITY: No Company employee, dealer, distributor or representative, or any other person, has any authority to bind Company beyond the terms of this Limited Warranty without the express written approval of the Customer Care / Warranty Department. EMISSIONS CONTROL WARRANTY: The Vehicle may also be subject to an emissions control warranty, as required by the U.S. Environmental Protection Agency and California Air Resources Board, which is provided with the Vehicle. FOR FURTHER INFORMATION, CALL 1-800-774-3946, GO TO TXTSV.COM, OR WRITE TO TSV DIVISION OF TEXTRON INC., ATTENTION: TSV CUSTOMER CARE / WARRANTY DEPARTMENT, 1451 MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30906 USA. TSV P/N 646529G24 Golf Cart Lease Comparison WorksheetClub CarQuantityTermMonthlyLease/MonthLease/YearLease/45-monthsGolf Carts80 45 $183.00 $14,640.00 $175,680.00 $658,800.00GPS80 45 29.00 2,320.00 27,840.00 104,400.00Subtotal (Carts + GPS Only)16,960.00 203,520.00 763,200.00Shuttle1 45 239.00 239.00 2,868.00 10,755.00Beverage Cart 1 45 568.00 568.00 6,816.00 25,560.00Utility Vehicle 1 45 239.00 239.00 2,868.00 10,755.00Subtotal (Additional Vehicles)1,046.00 12,552.00 47,070.00YamahaQuantityTermMonthlyLease/MonthLease/YearLease/45 months74 45 154.59 $11,439.66 $137,275.92 $514,784.706 45 203.52 1,221.12 14,653.44 54,950.40GPS 80 45 46.04 3,683.20 44,198.40 165,744.00Subtotal (Carts + GPS Only) 16,343.98 196,127.76 735,479.10Shuttle 1 45 261.87 261.87 3,142.44 11,784.15Beverage Cart 1 45 238.87 238.87 2,866.44 10,749.15Utility Vehicle 1 45 261.87 261.87 3,142.44 11,784.15Subtotal (Additional Vehicles) 762.61 9,151.32 34,317.45E-Z-GOQuantityTermMonthlyLease/MonthLease/YearLease/9-monthsE-Z-GOQuantityTermMonthlyLease/MonthLease/YearLease/36-monthsGolf Carts80 9 $120.00 $9,600.00 $86,400.00 $86,400.00 Golf Carts80 36 $189.00 $15,120.00 $181,440.00 $544,320.00GPS80 9 19.00 1,520.00 13,680.00 13,680.00 GPS80 36 49.95 3,996.00 47,952.00 143,856.00Subtotal (Carts + GPS Only)11,120.00 100,080.00 100,080.00 Subtotal (Carts + GPS Only)19,116.00 229,392.00 688,176.00Shuttle1 9 248.25 248.25 2,234.25 2,234.25 Shuttle1 36 376.45 376.45 4,517.4013,552.20Beverage Cart 1 9 450.15 450.15 4,051.35 4,051.35 Beverage Cart1 36 535.00 535.00 6,420.0019,260.00Utility Vehicle 1 9 189.92 189.92 1,709.28 1,709.28Utility Vehicle1 36 312.85 312.85 3,754.2011,262.60Subtotal (Additional Vehicles)888.32 7,994.88 7,994.88 Subtotal (Additional Vehicles)1,224.30 14,691.6044,074.80$20,340.30 $244,083.60 $732,250.80Total Club Car Proposal $18,006.00 $216,072.00 $810,270.00$12,008.32$17,106.59$108,074.88$205,279.08Total E-Z-GO Proposal Total Yamaha ProposalGolf Carts$769,796.55$108,074.88 Total E-Z-GO Proposal North Palm Beach Country Club North Palm Beach, Florida January 22, 2024 Presented by: David Kelly With over 60 years of experience of innovation and design in producing small-wheel vehicles, Club Car is a leading manufacturer of gas and electric golf, utility and personal transportation vehicles. Founded in 1958, the Club Car product portfolio has grown to include much more than golf cars, now encompassing vehicles for commercial and consumer markets, built with an uncompromised desire for superior performance. As an industry leader in electrification and sustainability, Club Car is proud to be on the forefront of environmentally responsible Zero Emission Vehicle (ZEV) technologies. Company Profile Club Car combines a quality-driven philosophy, an innovative spirit, and a solutions-oriented approach to business. Club Car has established itself as a leading global manufacturer of vehicles that serve the golf, rough terrain, private owner, and commercial markets. Mobile Merchandising TurfFleet Golf Utility 4x2 Transport Utility 4x4 Personal Transport Club Car Connect Tempo Walk Fit-to-Task Street Legal (LSV) How Do These Partnerships Benefit You? ● Club Car sponsors PGA section events, educational seminars and local chapters to grow the game of golf. ● If you are a member of VGM, ask about rebates on golf car fleets. ● If you involved with US Kids, Club Car funds the coaches to educate the future of golf. Golf Partnerships Club Car honors the game in its service to customers and support of the golf industry ENHANCE THE GOLF UTILITY EXPERIENCE A new way to cover all utility needs at the golf course whether gas or electric. Features for the Carryall Vehicles: ● Gas Engine / Motor Type: 14 HP Kohler ECH 440 EFI Gas Engine ● Electric Motor Type: 48 volt DC ● Bed Load Capacity 800-1000 lb (362.8 kg) ● Towing Capacity 1200-1500 lb (544.3 kg) ● Speed 15-17 mph (24-27 kph) ● Gas Warranty: 3 yr/3000 hr limited powertrain/frame; 2 yr limited remaining vehicle ● Electric Warranty: 4 yr limited battery warranty; 3 yr limited powertrain/frame; 2 yr limited remaining vehicle Description: ●Turf tires ●Body color- dark green ●Seat color- gray ●Limited slip diff transaxle ●Halogen headlights Proposed Equipment North Palm Beach CC DescriptionQTY. 2024 Club Car Tempo Electric Lithium Ion Vehicles • Tempo Electric Lithium Ion 2 Passenger • Standard Body Color of Choice • Premium Seats • Monsoon Canopy Top • Clear Hinged Windshield * Magnetic Bag Cover • Comfort Grip Steering Wheel • Premium Tread Tires • Standard Wheel Cover • Shelf charger 9' DC Cord, 6 ft AC Power Cord • Club Car Nameplate • Number Decals (two per car) • Sand Bucket (two per car) • Sand Bottle (two per car) • Rear Tow Plate • Dual USB Port • Standard Light Package w/ Horn (six cars only) • Includes Freight and Prepping 80 Customer Initial _____Grand Total – See Lease Total Monthly PaymentPayment Per MonthLease TermType of CarNumber of Cars $20,240$25324 months2024 Tempo Lithium Ion80 $14,640$18336 months2024 Tempo Lithium Ion80 $786$78624 months2024 Café Express1 $568$56836 months2024 Café Express1 $626$31324 months 2024 Carryall 502 Gas Utility Vehicle2 $478$23936 months 2024 Carryall 502 Gas Utility Vehicle2 $2,320$29 24 or 36 monthsVisage GPS80 Golf Car Payment Options ………. Prices quoted herein are projected for a future estimated date of delivery of Club Car golf and utility products. Due to current market conditions and estimated lead times, pricing and interest rates are subject to change prior to projected delivery. Customer is to submit required credit information for credit approval. Any applicable State or Local Taxes or any additional fees associated with documentation are not included. F.O.B. – Augusta, GA North Palm Beach CC Club Car Signature: ________________________ Signature: _____________________________ Title: _____________________________ Title: __________________________________ Date: ____________________________ Date: __________________________________ Please Initial Selected Options 24 Month Operational Lease Tempo Lithium Ion __________ 36 Month Operational Lease Tempo Lithium Ion __________ 24 Month Operational Lease Café Express __________ 36 Month Operational Lease Café Express __________ 24 Month Operational Lease Carryall 502 Gas __________ 36 Month Operational Lease Carryall 502 Gas __________ Select Tempo Golf Car Color Options Standard Body Color White_____ Green _____ Platinum ______ Cashmere Canopy Top Color Beige_____ White_____ Black ______ Premium Seat Color Lt. Beige ______ Camello _______ Black _______ Gray _______ Two Tone Premium Seat Color Lt. Beige / Off White ________ Lt. Beige / Camello ______ Black / Gray ________ Club Protector Bag Cover Beige____ Black_____ Green ______ Summary and Acceptance of Proposal