EXHIBIT 10.4
HEATHROW
000 XXXXXXXXXXXXX XXXXXXX
LEASE AGREEMENT
Between
000 XXXXXXXXXXXXX XXXXXXX DEVELOPMENT COMPANY
("Landlord")
and
SEAGATE SOFTWARE STORAGE MANAGEMENT GROUP
("Tenant")
LEASE SUMMARY
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A. DATE OF EXECUTION OF LEASE: March 8, 1996
B. LANDLORD: 000 Xxxxxxxxxxxxx Xxxxxxx Development Company
A Florida general partnership
C. ADDRESS OF LANDLORD: c/x Xxxxxxx Management Inc.
000 Xxxxx Xxxxxx Xxxxxx
Xxxxx 0000
Xxxxxxx, Xxxxxxx 00000
D. TENANT: Seagate Software Storage Management Group
E. ADDRESS OF TENANT: 708 Fiero Xxxxxxxx Xxxx
Xxxxx 0
Xxx Xxxx Xxxxxx, Xxxxxxxxxx 00000
F. BUILDING: The four story office building located at 000
Xxxxxxxxxxxxx Xxxxxxx, Xxxxxxxx, Xxxxxxx,
together with the approximately 6.7 acre
tract of land on which the building is
located. The Building contains 100,821 square
feet of rentable space rentable square feet
(based on a common area factor of 8.11%).
G. LEASED PREMISES: The entire Building containing 100,821 square
feet of rentable space.
H. PERMITTED USE: General office use and any activities related
to the marketing, sales or development of
software.
I. LEASE TERM: Ten years commencing on the Commencement Date
and terminating on the Termination Date,
subject to early cancellation options after
five and seven years, respectively, per the
terms set forth in (S)34 of this Lease.
J. COMMENCEMENT DATE: October 15, 1996 (subject to adjustment per
(S)9 of this Lease).
K. TERMINATION DATE: October 14, 2006 (subject to adjustment per
(S)9 of this Lease).
L. BASE RENT: See the Base Rent Schedule attached as
Exhibit A to the Lease.
M. BASE EXPENSES: Actual Operating Expenses incurred by
Landlord during the 1997 calendar year - see
(S)2 of this Lease.
The following exhibits are attached to and made a part of the Lease:
Exhibit A - Base Rent Schedule
Exhibit B - List of Operating Expenses
Exhibit C - Heathrow Rules and Regulations
Exhibit D - List of Building Plans and Specifications
Exhibit E - Construction Milestone Dates
Exhibit F - Form of Subordination, Nondisturbance and Attornment Agreement
Exhibit G - Agency Discourse Statement
Exhibit H - Radon Notice
Exhibit I - Signage Specifications
Exhibit J - Janitorial Specifications
Exhibit K - Example of Base Rent Adjustment per (S)9 of Lease
Exhibit L - Standard Construction Program
THE PROVISIONS OF THIS LEASE SUMMARY ARE INCORPORATED BY THIS REFERENCE INTO THE
LEASE.
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LEASE AGREEMENT
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Landlord hereby leases the Leased Premises to Tenant for the duration of the
Lease Term (subject to any early cancellation options granted to Tenant
hereunder). All reference herein to the Lease Term will mean both the initial
ten-year term and any renewal terms exercised by Tenant under this Lease. The
leasing of the Leased Premises to Tenant will be upon the terms and conditions
set forth in this Lease.
(S)1. BASE RENT. Tenant will pay Base Rent in the amount set forth in
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the Base Rent Schedule attached hereto as Exhibit A.
(S)2. EXCESS EXPENSE PAYMENTS. Tenant will pay the increase, if any,
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of the Operating Expenses incurred by Landlord during the Lease Term over the
Base Expenses ("Excess Expenses"). For the purposes of this Lease, "Base
Expenses" will mean the actual Operating Expenses incurred by Landlord during
the calendar year 1997. A list of those expenses which are included within the
definition of "Operating Expenses" is set forth in Exhibit B. Any such Excess
Expenses will be paid by Tenant in advance based upon Landlord's estimate of the
Excess Expenses which will be incurred during each calendar year during the
Lease Term, beginning with the 1998 calendar year. Landlord will use its best
efforts to notify Tenant by December 1 of each year during the Lease Term,
beginning with the 1998 calendar year, of the amount of the estimated Excess
Expense payment which Tenant will be required to make for each month of the
upcoming calendar year.
Notwithstanding anything to the contrary contained herein, Tenant's obligation
to pay any Excess Expenses related to "Controllable Expenses" (as that term is
hereinafter defined) will be limited to an amount equal to the actual
Controllable Expenses incurred by Landlord during the calendar year 1997, with
increases capped at the rate of 7% per year for each calendar year thereafter.
For the purposes of this Lease, "Controllable Expenses" will have the meaning
set forth in Exhibit B.
As soon as reasonably practicable after the end of each calendar year (beginning
with the 1998 calendar year), Landlord will deliver to Tenant a written
statement showing its actual Operating Expenses for such calendar year and the
amount of the Excess Expenses, if any. If the sum of the estimated Excess
Expense payments paid by Tenant during such calendar year exceeds the actual
Excess Expenses incurred during such year, then, at Landlord's election,
Landlord will either refund the excess to Tenant or apply the same toward the
next succeeding monthly estimated Excess Expense payment due from Tenant. If
the sum of the estimated Excess Expense payments paid by Tenant during such
calendar year is less than the actual Excess Expenses incurred during such year,
then Tenant will pay the deficiency to Landlord within ten days after Tenant's
receipt of Landlord's written demand for the payment thereof. If the Lease Term
expires on a date other than December 31, then the Excess Expenses for the last
calendar year during which the Lease Term is in effect will be prorated to take
into consideration the number of days during such calendar year in which the
Lease Term is in effect.
Tenant will have the right, upon reasonable prior written notice to Landlord, to
audit and make copies of Landlord's books, records and computations with respect
to its Operating Expenses. Landlord will retain such books, records and
computations for at least three years following the end of the calendar year to
which they relate. If any audit conducted by Tenant discloses an average in the
amount billed to Tenant over the amount actually due from Tenant hereunder, then
Landlord will reimburse Tenant for such overpayment and all reasonable costs and
professional fees incurred by Tenant in connection with its auditing of
Landlord's books, records and computations. The payments referred to in the
immediately
preceding sentence will be made by Landlord to Tenant within ten days after
Landlord's receipt of a detailed invoice identifying the amounts of such
Payments.
At Tenant's request, Landlord will provide Tenant with copies of any invoice
received by Landlord with respect to the imposition of any assessments against
the Building by any property owner's association (specifically, the Heathrow
International Business Center owner's association). Landlord will further, at
Tenant's request, assign and delegate to Tenant the right to contest the amount
of any such assessment granted to Landlord as the owner of the Building pursuant
to the applicable owner's association documents, a copy of which documents have
been previously furnished to Tenant by Landlord. Finally, if Tenant believes a
change is necessary in the identity of any on-site personnel assigned to the
Building by Landlord to perform property management or maintenance services,
Tenant will so notify Landlord and Landlord and Tenant will promptly meet to
address Tenant's concerns and, if appropriate, assign new personnel to perform
such services al the Building.
If Landlord obtains a refund or abatement of any real estate taxes or
assessments attributable to the Building, the amount of which has previously
been contributed to by Tenant, then, at Landlord's election, Landlord will
either pay Tenant's Proportionate Share of such refund or abatement to Tenant or
apply the amount thereof toward the next succeeding monthly estimated Excess
Expense payment(s) due from Tenant hereunder. Tenant will have the right, at
its own expense and in its name, to contest the amount, propriety, accuracy or
validity of any real estate taxes or assessments imposed against the Building.
Any refund or abatement of any real estate taxes or assessments which is
received by Landlord and which is attributable to Tenant's contesting of the
same pursuant to the immediately preceding sentence will be disbursed for
Tenant's benefit in the manner set forth in the first sentence of this
paragraph.
(S)3. MANNER AND TIMING OF RENT PAYMENTS. Monthly installments of Base
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Rent and estimated Excess Expense payments, if any, will be due and payable in
advance on or before the first day of each calendar month during the Lease Term.
Each such installment will be paid to Landlord at its address set forth in the
Lease Summary (or such other address as Landlord may designate from time to
time). If the Lease Term commences on a day other than the first day of the
month or terminates on a day other than the last day of the month, then the
installments of Base Rent and estimated Excess Expense payments for such
month(s) will be adjusted accordingly. If any installment of Base Rent or any
Excess Expense payment is not received by Landlord within ten days after
Tenant's receipt of written notice from Landlord that any such payment is due
and unpaid, then a late payment charge of 5% of such past due amount will be
assessed and will be immediately due and payable from Tenant. All installments
of Base Rent and estimated Excess Expense payments will be paid by Tenant
without demand and without any rights of reduction, counterclaim or offset.
Tenant hereby agrees to pay as additional rent any sales, use or other tax
(other than income taxes) now or hereafter imposed by any governmental authority
upon the rent and other sums payable by Tenant hereunder. The sales tax on Base
Rent initially payable by Tenant is set forth in the Base Rent Schedule attached
hereto as Exhibit A. Landlord will notify Tenant of any change in any tax
payable by Tenant as additional rent hereunder. Landlord's acceptance of any
payment which constitutes less than all of the balance then owed to it by Tenant
hereunder will be treated as its receipt of a payment "on account" and not as an
accord and satisfaction and Landlord may accept any such payment (regardless of
the existence of any endorsement or statement to the contrary contained on any
check or letter accompanying such payment) without prejudice to
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Landlord's right to recover the balance of the amount owed to it or pursue any
other remedy provided for in this Lease.
(S)4. SERVICES. Landlord will provide all utility, HVAC and elevator
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services which are required for the use of the Leased Premises for general
office purposes during normal business hours (8:00 a.m. to 8:00 p.m. Monday
through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, holidays excepted). HVAC
service will be provided to the Leased Premises outside of the normal business
hours set forth above at a surcharge to Tenant of $22 per hour. To the extent
Tenant requires any such additional HVAC service, it will notify Landlord of its
need therefor by noon of the day prior to the day of its required additional
service. Notwithstanding the foregoing, Tenant will pay directly to the service
provider all costs related to the provision of telephone service to the Leased
Premises. If utility services to the Leased Premises are interrupted for a
period of three successive business days, such that Tenant cannot reasonably
operate its business in the Leased Premises, then, unless any such interruption
is attributable to the occurrence of any event beyond Landlord's reasonable
control, Tenant will be entitled to an abatement of Base Rent and Excess Expense
payments from the date of such interruption, until the provision of such utility
services to the Leased Premises is restored such that Tenant can operate its
business in the Leased Premises. Landlord will not be liable to Tenant, nor
will Tenant be relieved of any obligation hereunder if any service to the Leased
Premises is interrupted for any reason beyond Landlord's reasonable control. If
the interruption in the provision of utility services to the Leased Premises is
caused by any event beyond Landlord's reasonable control, Landlord will provide
written notice to such effect to Tenant.
The Building and the Leased Premises will be equipped with an ESP after-hours
exits proxy card reader system. Any other security system which may be
installed or upgraded in the Leased Premises by Tenant will be managed and paid
for by Tenant, subject to Landlord's prior approval as to the nature and extent
of such system.
Landlord will provide as part of the base Building improvements two 150 ton air
cooled water chillers; 2,500 amp, 480-277 V3 phase, 4W main electrical service
distributions and a 000 xxxxxxxx xxxxxxxxx power generator. Any upgrade in the
aforementioned facilities resulting in increased construction costs will be
applied against the TI Allowance being provided to Tenant pursuant to (S)9
hereof.
(S)5. MAINTENANCE AND REPAIR. Landlord will maintain the Building
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(including all common areas which serve the Building) and all structural
elements and mechanical systems located within the Leased Premises in a first
class condition, with all systems properly functioning; provided, however, that
Tenant (and not Landlord) will be required to pay all costs of maintaining the
same (over and above any insurance proceeds received by Landlord to reimburse it
for the cost of maintaining the same) if the need therefor arises due to the
fault or negligence of Tenant or its agents, employees or guests. Landlord will
also provide janitorial service to the Leased Premises five days per week in
accordance with the Janitorial Specifications attached hereto as Exhibit J.
Except as otherwise expressly set forth in this (S)5, Tenant will be responsible
and pay for all costs associated with maintaining and repairing the interior of
the Leased Premises, including, without limitation, all costs associated with
the painting of interior walls, the cleaning or replacing of wallcoverings and
floorcoverings and the replacing of light bulbs and light fixtures. Landlord
will not be liable to Tenant, nor will Tenant be relieved of any obligation
hereunder if Tenant's use of the Leased Premises is interrupted as a result of
Landlord's required entry into the Leased Premises
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for the purpose of making any repairs, alterations or improvements to the
structural elements or mechanical systems located within the Leased Premises
(including, without limitation, the HVAC system).
Landlord will be required to purchase, install, maintain and replace all
Building and Leased Premises heating, ventilating and air conditioning systems,
equipment and installations, including, without limitation, mechanical plant for
chilled water and hot water, energy management systems (if any), supply and
return fans, supply and return ductwork, diffusers, heat pumps, VAV boxes and
all attendant piping, wiring, thermostats, sensors and other conduits and
appurtenances thereto required by the terms of this Lease and the Building Plans
attached hereto as Exhibit D, other than any of the same which are hereunder
defined in the next paragraph as "Equipment Room HVAC Systems" (collectively the
"HVAC Systems"). The purchase, installation, maintenance, repair and
replacement of the HVAC Systems will be at Landlord's sole cost and expense,
except that Landlord will have the right to pass-through to Tenant all Excess
Expenses and any Operating Expenses attributable to the HVAC systems, as the
term "Operating Expense" is otherwise defined in this Lease.
Except as otherwise expressly provided in this paragraph, Tenant will be solely
responsible, at its expense, for purchasing, installing, maintaining, repairing
and replacing: (i) all HVAC Systems that Tenant may need to supplement the HVAC
Systems described in the immediately preceding paragraph; and (ii) all HVAC
systems and equipment that are dedicated solely for use in, or service to, any
special equipment room that is used solely by Tenant and which requires 24 hours
per day, seven days per week, air conditioning (the equipment and systems
referred to in clauses (i) and (ii), above, are hereinafter collectively
referred to as the "Equipment Room HVAC Systems"). All or a portion of any TI
Allowance provided for in (S)9 of this Lease may be used by Tenant to pay the
expenses associated with the Equipment Room HVAC Systems described above.
Notwithstanding anything to the contrary contained herein, in the event that
portions of the Equipment Room HVAC System are an integral part of the
Building's overall HVAC Systems for which Landlord has responsibility as
described in the immediately preceding paragraph of this (S)5, then Tenant will
request that Landlord install, maintain, repair and replace such portions of the
Equipment Room HVAC System and Landlord will thereafter proceed to purchase,
install, maintain, repair and replace such portions of the Equipment Room HVAC
Systems. Upon completion of Landlord's purchase, installation, maintenance,
repair or replacement of any such portions of the Equipment Room HVAC Systems
pursuant to Tenant's request, Tenant will, within ten days after its receipt of
a written payment demand from Landlord, promptly reimburse Landlord for all
reasonable costs incurred by Landlord in connection with such work.
(S)6. USE OF LEASED PREMISES. Tenant will use the Leased Premises
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solely for the Permitted Use. Tenant will not cause or permit any waste or
damage to the Leased Premises or the Building and will not occupy or use the
Leased Premises for any business or purpose which is unlawful, hazardous,
unsanitary, noxious or offensive or which unreasonably interferes with the
business operations of other tenants in the Building. Tenant will comply with
the Rules and Regulations for the Building which are set forth in Exhibit C (and
any reasonable modifications thereto which are consistent with the provisions of
this Lease). Tenant will also have the non-exclusive right to use the common
areas which serve the Building, including, without limitation, the Building's
common lobbies, hallways, elevators, restrooms and parking areas.
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(S)7. COMPLIANCE WITH LAW. Tenant will at its sole expense comply
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with all laws, governmental requirements and recommended covenants or conditions
which are now or hereafter in force pertaining to the Leased Premises and
Tenant's occupancy and use therefor, including, without limitation, the
Americans with Disabilities Act of 1990, as amended. Landlord (and not Tenant)
will, at its initial expense, make any and all structural or extraordinary
alterations (including without limitation, the installation of a sprinkler
system in the Leased Premises) which are required to be made to the Leased
Premises by law, ordinance or regulation of any governmental or quasi-
governmental authority (including, without limitation, any such governmental
authority charged with enforcing the Americans with Disabilities Act
requirements), board of fire insurance underwriters, Landlord's insureds or any
other similar authority, if such alterations are not necessitated by Tenant's
particular use or occupancy of the Leased Premises. Landlord hereby represents
and warrants to Tenant that, as of the Commencement Date, the Building will be
in compliance with the Americans with Disabilities Act.
(S)8. SIGNS. Tenant will be identified on monument signage located at
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the front of the tract of land on which the Building is located. In addition,
to the extent the park covenants for the Heathrow International Business Center
and any applicable zoning or building codes permit the erection of signage on
the Building itself, Landlord will provide Building signage identifying Tenant.
The cost of any such Building signage will be part of the tenant improvement
allowance being granted to Tenant pursuant to (S)9. The location, design and
composition of the monument sign, as well as any permitted Building sign, will
be consistent with the signage specifications attached hereto as Exhibit J. To
the extent Tenant requests any variance from the attached signage
specifications, then any such variance will be subject to Landlord's prior
review and approval. Except as otherwise provided above, Tenant will not place
any other sign or advertising material on the exterior of the Building, without
the prior written consent of Landlord.
(S)9. LEASEHOLD IMPROVEMENTS. Landlord will construct the Building in
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substantial accordance with the building plans and specifications previously
furnished to Tenant ("Building Plans"), which Building Plans are identified in
Exhibit D. Landlord will use its best efforts to substantially complete the
construction of the Building in such a time frame, so as to facilitate the
substantial completion of the improvements to the Leased Premises by the
targeted Commencement Date set forth in the Lease Summary (subject to the
occurrence of the "Delay Events" defined later in this (S)9).
Landlord will provide a tenant improvement allowance of $2,016,420 ("TI
Allowance") for the construction of leasehold improvements to the Leased
Premises below a finished ceiling ("Improvements"). To the extent the cost of
the improvements ultimately approved by Landlord and Tenant is more or less than
the aforementioned TI Allowance, then the annual Base Rent payable by Tenant
during each year of the initial ten-year Lease Term will be increased (in the
case of excess costs) or decreased (in the case of diminished costs), as the
case may be, by an amount equal to 16.5% of such excess or diminished costs.
Landlord and Tenant agree that, promptly following the parties' execution of
this Lease, they will meet to develop approved preliminary specifications for
the Improvements. Once Landlord and Tenant have approved preliminary
specifications for the Improvements, Landlord will proceed with the preparation
of the final architectural and engineering drawings, plans and specifications
for the Improvements. Once those drawings, plans and specifications are
completed, Landlord will deliver a full set thereof to Tenant
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for its review and approval. The approved final drawings, plans and
specifications ("Final Plans") will be deemed incorporated herein by its
reference.
If, following the approval of the Final Plans, Tenant expresses a desire to make
any revisions thereto, Tenant will so notify Landlord and Landlord will then ask
its general contractor to prepare a cost estimate for the making of such
changes. Landlord will promptly notify Tenant of any increased costs or savings
resulting from such changes and Tenant will have the right to require Landlord
to cause such changes to be made to the final Plans; provided, however, that
such changes will not unreasonably affect the structurally integrity or value of
the Building. If the aggregate of all such changes results in a net increase or
decrease in the cost of the construction of the Improvements, then any such
difference will be taken into consideration in adjusting the Base Rent in the
manner contemplated in the second paragraph of this (S)9.
Tenant will have the right to select a bonded, licensed contractor to
participate in open bidding for the contract to construct the Improvements.
Landlord will keep Tenant fully apprised of and invite Tenant's participation in
and review of all general contractor bids for the construction of the
Improvements. Landlord will consult with Tenant with regard to the final
selection of a general contractor to construct the Improvements. The general
contractor ultimately selected to construct the Improvements will be a general
contractor, which is reasonably acceptable to both Landlord and Tenant. If all
of the bids received with respect to the construction of the Improvements are
substantially higher than the TI Allowance, then Tenant will have the right to
cause Landlord to revise the Final Plans and resubmit the same to the designated
general contractors, asking them for a revised bid, so as to try to reduce the
ultimate cost of such Improvements; provided, however, that any delay in
Landlord's construction of the Improvements caused by the revision of such Final
Plans and the resubmission thereof to the designated general contractors will be
treated as a Tenant-caused delay within the meaning of this (S)9. Landlord
agrees that all bids solicited by it from general contractors with respect to
the construction of the Improvements will be required to include a schedule of
values so as to facilitate the identification and computation of change orders
and cost modifications. Finally, Tenant will have the right to select an
independent construction management firm to supervise construction of the
Improvements on Tenant's behalf, with all fees to be paid to such construction
manager to be included in the TI Allowance.
Landlord will cause the improvements to be constructed in accordance with the
Final Plans. Landlord will conduct a "walk-through" of the Leased Premises with
Tenant, so as to permit Tenant the right and opportunity to confirm that the
improvements have been constructed in accordance with the Final Plans. Landlord
will use its best efforts to substantially complete construction of the
Improvements on or before the targeted Commencement Date set forth in the Lease
Summary, subject to delays caused by the occurrence of events beyond its
reasonable control, including, without limitation, labor troubles, inability to
procure materials, restrictive governmental laws, actions and pronouncements,
acts of God, unseasonable weather, Tenant's failure to timely respond to any
matter submitted for its review, and Tenant's requested change orders ("Delay
Events"). The establishment of the substantial completion date referred to in
the immediately preceding sentence is predicated upon the various Construction
Milestone Dates referred to in Exhibit E being met in a timely manner with
respect to the preparation, submission and approval of all preliminary
specifications and Final Plans. Tenant agrees that it will review and either
review or specify its objections to any documents or drawings submitted to it
for its review and approval hereunder within ten days after its receipt of the
same. If Tenant fails to respond to any submission to
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it within ten days after its receipt of the same, then it will be deemed to have
approved the same for all purposes of this Lease. Notwithstanding anything to
the contrary contained herein, if Landlord's inability to substantially complete
the improvements on or before the targeted Commencement Date set forth in the
Lease Summary is attributable to Tenant-caused delays (including, without
limitation, Tenant's failure to timely respond to any matter submitted for its
review, delays caused by Tenant' s requested change orders or Tenant's failure
to meet the Construction Milestone Dates referred to in Exhibit E), then the
Commencement Date will remain as set forth in the Lease Summary, notwithstanding
the fact that the Improvements are not yet substantially completed, and Tenant
will, from and after the Commencement Date, have an obligation to pay Base Rent
and perform all of its other obligations and duties set forth in this Lease. If
Landlord's failure to substantially complete the improvements to the Leased
Premises by the targeted Commencement Date set forth in the Lease Summary is
attributable to any reason other than a Tenant-caused delay (as that term is
defined above), then, subject to the remaining provisions of this (S)9 with
respect to the imposition of per diem penalties and the grant to Tenant of a
right to terminate the Lease, the Commencement Date and the Termination Date
will each be deferred by the number of days of the delay in substantially
completing the improvements to the Leased Premises and Tenant's obligation to
pay Base Rent and perform all of its other obligations and duties set forth in
this Lease will be similarly deferred until the deferred Commencement Date
hereunder.
If the Leased Premises are not substantially completed by November 1, 1996, for
any reason other than the occurrence of any Delay Event, then Landlord will be
obligated to pay a per diem penalty to Tenant equal to $967 per day for each day
after November 1, 1996 until the Leased Premises are so substantially completed.
If the Leased Premises are not substantially completed by January 1, 1997, for
any reason other than the occurrence of any Delay Event, then Tenant will have
the right to terminate this Lease by delivering written notice of the
termination thereof to Landlord on or before January 31, 1997.
For the purposes of this Lease, the improvements will be deemed "substantially
completed" on the earlier of the date on which Tenant occupies the Leased
Premises or the date on which a certificate of occupancy for the Improvements is
issued by the appropriate governmental authority. To the extent Tenant occupies
a part, but not all of the Leased Premises prior to the Commencement Date as it
relates to the entire Leased Premises, then all of the terms and conditions of
this Lease will nonetheless apply to Tenant's occupancy of such part of the
Leased Premises prior to such Commencement Date and Tenant will pay Base Rent
hereunder in an amount equal to the Base Rent payable hereunder for the entire
Leased Premises, multiplied by a fraction having as its numerator the number of
rentable square feet so occupied by Tenant and having as its denominator the
total number of rentable square feet contained within the Leased Premises.
(S)10. ALTERATIONS. Except for "Minor Alterations" (as that term is
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hereinafter defined), Tenant may not at any time during the Lease Term make any
alterations, additions or improvements to the Leased Premises, without the prior
written consent of Landlord. For the purposes of this (S)10, "Minor
Alterations" will mean any alteration, addition or improvement to the Leased
Premises which cost less than $50,000 and which does not alter the exterior
aesthetics or structural integrity of the Building. All improvements,
alterations and additions made at one time in connection with any one job will
be aggregated for the purposes of determining whether the $50,000 limit has been
exceeded. Any alterations, additions or improvements made to the Leased
Premises in accordance with this (S)10 will at
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all times remain the property of Landlord. If Landlord consents to any proposed
alteration, addition or improvement, the same will be made by Landlord at
Tenant's sole expense.
(S)11. MECHANICS LIENS. Tenant will indemnify and hold Landlord
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harmless from any liability or expense associated with its construction of any
alteration, addition or improvement to the Leased Premises. In particular,
Tenant will execute and record an appropriate notice of commencement pursuant to
Chapter 713, Florida Statutes, identifying Tenant's interest in the Leased
Premises as a leasehold interest only. Tenant will immediately discharge any
mechanics lien filed against the Leased Premises or the Building in connection
with any work performed by Tenant.
(S)12. ASSIGNMENT AND SUBLETTING. Except as otherwise expressly
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provided herein, Tenant will not assign this Lease or sublet all or any part of
the Leased Premises without the prior written consent of Landlord. Unless
otherwise agreed to by Landlord, Landlord's consent to any such assignment or
sublease will not relieve Tenant from its obligations under this Lease. The
consent of Landlord to any assignment of Tenant's interest in any part of this
Lease or the subletting of any part of the Leased Premises will not be
unreasonably withheld. Notwithstanding the above, Tenant may assign this Lease
or sublet the Leased Premises or any part thereof to a subsidiary, affiliate or
parent of Tenant, provided that any such permitted assignment or subletting will
not relieve Tenant from any liability under this Lease and provided further that
Tenant provides Landlord with written notice of its intention to so assign or
sublet to its subsidiary, affiliate or parent corporation no later than ten days
prior to its effecting of such assignment or subletting.
If Landlord fails to respond to any written request made by Tenant under the
terms of this (S)12 within 30 days after its receipt of such written request,
then it will conclusively be deemed to have given its consent to such request by
Tenant. Landlord also agrees to exempt from the foregoing assignment and
subletting clause, Tenant's duty to obtain Landlord's consent for any assignment
resulting from a merger, consolidation, takeover or sale of Tenant's entire
business. Assignments of this Lease or the Leased Premises arising from any
such merger, consolidation, takeover or sale of Tenant's entire business will
not constitute a default under terms of this Lease. Tenant will, however, be
required to provide Landlord with at least ten days prior written notice of the
occurrence of any such merger, consolidation, takeover or sale of Tenant's
entire business.
(S)13. SUBORDINATION AND NONDISTURBANCE AGREEMENT. The priority of this
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Lease and the leasehold estate of Tenant created hereunder are and will be
subject and subordinate to the lien of any mortgage or ground lease, which may
now or hereafter affect the Building and to all renewals, modifications,
consolidations, replacements and extensions thereof, and all advances
thereunder, effective upon the date the mortgagee or ground lessor, as the case
may be, delivers to Tenant a subordination, nondisturbance and attornment
agreement in recordable form and otherwise in the form attached hereto as
Exhibit F, which agreement has been executed and acknowledge by and on behalf of
the mortgage or ground lessor. The subordination, nondisturbance and attornment
agreement will provide, among other things, that so long as Tenant is not in
default hereunder, Tenant may remain in possession of the Leased Premises
pursuant to the terms hereof, and without any diminution of Tenant's rights
should Landlord become in default with respect to such mortgage or ground lease
or should the Leased Premises become the subject of any action to foreclose any
mortgage or to dispossess Landlord of its interest in the
-8-
Building. Any fee which Landlord's lender or ground lessor may charge with
respect to any such subordination, nondisturbance and attornment agreement will
be paid by Landlord.
(S)14. LIMITATION OF LANDLORD'S PERSONAL LIABILITY. Tenant will look
-------------------------------------------
solely to Landlord's interest in the Leased Premises and the Building (and, to
the extent appropriate, to the proceeds of insurance required to be maintained
by Landlord under (S)(S)15 and 16 hereof) for the recovery of any judgment
against Landlord; it being the express intent of the parties hereto that neither
Landlord, nor any of its partners will ever be personally liable for any such
judgment.
(S)15. INDEMNIFICATION AND INSURANCE. Landlord will not be liable for
-----------------------------
and Tenant hereby releases Landlord from any liability or expense associated
with any damage or injury to any person or property (including any person or
property of Tenant or anyone claiming under Tenant) which arises directly or
indirectly in connection with the Leased Premises or Tenant's use or occupancy
of the Leased Premises or any common areas serving the Building, provided,
however, that the foregoing release will not extend to any liability or expense
occasioned by the fault or negligence of Landlord. Tenant will indemnify and
hold Landlord harmless from any of the above-described liabilities and expenses;
provided, however, that Tenant will not be obligated to indemnify Landlord as to
any liability or expense occasioned by the fault or negligence of Landlord.
Landlord will indemnify, hold harmless and defend Tenant from and against any
and all claims, demands, damages, judgments, fines, penalties, losses, costs and
expenses (including, without limitation, any of the same related to appeals),
incurred by Tenant as the result of the negligent or willful acts or omissions
of Landlord, its agents, contractors or employees or as a result of a material
breach of the provisions of this Lease by Landlord. Except as otherwise
provided in (S)16 hereof, nothing contained in this Lease will be construed or
interpreted to excuse Landlord from having to pay damages caused to Tenant as
the result of the negligence or willful misconduct of Landlord or Landlord's
agents, contractors or employees.
All property stored or placed by Tenant in or about the Leased Premises will be
so stored or placed at the sole risk of Tenant. Tenant will at its sole expense
maintain in full force and effect at all times during the Lease Term: (a)
commercial general liability insurance for personal injury and property damage
with liability limits of not less than $1,000,000 combined single limit and
$2,000,000 general aggregate for property damage; and (b) fire and extended
coverage insurance on all property stored or placed by Tenant in or about the
Leased Premises in an amount equal to the full replacement value thereof. Each
insurance policy required to be maintained by Tenant hereunder will name
Landlord as an additional insured and will specifically provide that such
insurance policy cannot be terminated without giving at least 30 days prior
written notice to Landlord.
(S)16. WAIVER OF SUBROGATION. Landlord and Tenant each hereby waives
---------------------
its right to receive damages against the other party with respect to any loss or
claim occasioned by the occurrence of any casualty to the Building or the Leased
Premises which is covered under a valid and collectible fire and extended
coverage insurance policy. Any insurance policy procured by either Tenant or
Landlord hereunder will contain an express waiver of any right of subrogation by
the insurance company against Landlord or Tenant, as the case may be.
Landlord will maintain in full force and effect at all times during the Lease
Term: (a) comprehensive public liability insurance for personal injury and
property damage with liability limits of not less than
-9-
$5,000,000 for injury to one person, $10,000,000 for injury from one occurrence
and $2,000,000 for property damage; and (b) fire and extended coverage insurance
on the Building in an amount equal to the full replacement value thereof. Each
insurance policy required to be maintained by Landlord hereunder will name
Tenant as an additional insured. Tenant acknowledges that Landlord's cost of
maintaining such insurance will be an Operating Expense for the purposes of (S)2
of this Lease. Tenant reserves the right to periodically review the expense
associated with Landlord's maintenance of the foregoing insurance coverages and
to substitute comparable coverages and conditions of insurance with other
carriers of Tenant's choice in the event the expense is deemed by Tenant to be
excessive.
(S)17. HAZARDOUS SUBSTANCES. Tenant will not use, store or dispose of
--------------------
any "hazardous substance," "hazardous material" or "toxic substance" (as those
terms are defined or used in the context of Comprehensive Environmental
Response, Compensation and Liability Act or any other federal, state or local
environmental law, regulation or requirement) on or about the Leased Premises,
except for immaterial amounts that are exempt from or do not give rise to any
violation of applicable law. Tenant will indemnify and hold Landlord harmless
from any liability or expense (including, without limitation, reasonable
attorney's fees and expenses, court costs, expenses and costs incurred in the
investigation, settlement and defense of claims and any cost or expense incurred
in connection with any environmental clean-up) incurred by or claimed against
Landlord as a result of Tenant's breach of the covenant contained in this
section. The foregoing indemnification (as well as the indemnification set
forth in (S)15 of this Lease) will survive the expiration or sooner termination
of the Lease Term.
Landlord hereby represents and warrants that the Building does not contain any
Hazardous Substance, underground storage tank or asbestos-containing material in
violation of any Federal, state or local laws, ordinances or regulations.
Landlord agrees to indemnify, defend and hold Tenant harmless from and against
any liability, loss, claim, action or expense incurred by or claimed against
Tenant (including, without limitation, reasonable attorney's fees) related to or
arising out of a breach of the foregoing representation or warranty.
(S)18. SURRENDER OF PREMISES. Upon the termination of Tenant's right of
---------------------
possession under this Lease, Tenant will immediately surrender possession of the
Leased Premises to Landlord in good repair and "broom clean" condition,
excepting reasonable wear and tear and any damages caused by the elements,
casualty or any other cause for which Tenant is not liable hereunder. Tenant
will have the option, but not the obligation, to remove any or all of the
improvements and alterations made to the Leased Premises by Tenant at Tenant's
expense. Any damage to the Leased Premises resulting from the removal of such
improvements or alterations will be repaired by Tenant at Tenant's sole expense.
Tenant will at the same time remove all of its trade fixtures from the Leased
Premises. Tenant will promptly repair any damage caused to the Leased Premises
by the removal of any of such trade fixtures.
(S)19. CASUALTY. If the Leased Premises is damaged by fire or other
--------
casualty, the Landlord will promptly give written notice to Tenant whether the
damaged area can reasonably be repaired within 180 days after the date on which
all requisite permits and licenses for the repair thereof are obtained from the
appropriate governmental authorities. If Landlord notifies Tenant that it does
not believe that the damaged area can reasonably be repaired within such 180-day
period, then both Landlord and Tenant will have the option of terminating this
Lease by giving written notice thereof to the other at any time within 30 days
after the date of Tenant's receipt of the aforementioned notice from Landlord.
If Landlord
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determines that the damaged area can reasonably be repaired within such 180-day
period or if neither party elects to terminate this Lease despite the fact that
Landlord has determined that the damaged area cannot be reasonably repaired
within such 180-day period, then Landlord will proceed to repair the damaged
area at its sole expense; provided, however, that Landlord will in no event be
required to repair any improvements previously made to the Leased Premises by or
at the request of Tenant pursuant to (S)10 hereof. If the Leased Premises are
rendered untenantable in whole or in part as a result of a fire or other
casualty which was not caused by Tenant, then all rent and other payments
accruing after the occurrence of any such fire or other casualty and prior to
the completion of the repair of the Leased Premises will be equitably and
proportionately abated to reflect the untenantable portion of the Leased
Premises. Landlord will not be liable to Tenant for any inconvenience or
interruption to Tenant's business occasioned by such fire or other casualty or
the concomitant repair of the damaged area.
In addition to the termination rights given to Landlord and Tenant in the
immediately preceding paragraph of this (S)19, Tenant will also have the right
to terminate this Lease upon the occurrence of any of the following events: (a)
the occurrence of any fire or other casualty during the last two years of the
Lease Term it at least 50% of the rentable square feet contained within the
Leased Premises are rendered untenantable as a result of the occurrence of such
fire or other casualty; (b) Landlord's failure to begin its repair of any
damaged area in the Leased Premises caused by such fire or other casualty within
60 days after the occurrence thereof, subject to the occurrence of any Delay
Event (as that term is defined in (S)9 hereof); or (c) Landlord's failure
(subject to the occurrence of any Delay Event) to complete the repair of any
damaged area within 180 days after the date on which all requisite permits and
licenses for the repair thereof are obtained from the appropriate governmental
authorities, notwithstanding the fact that Landlord had earlier given written
notice to Tenant that the damaged area could reasonably be repaired within the
aforementioned 180 day period. Tenant will exercise any termination right
granted to it in this paragraph by giving written notice of such termination to
Landlord at any time within thirty days after the date of the occurrence of the
event giving rise to Tenant's termination right hereunder. If this Lease is
terminated in accordance with the provisions of this (S)19, all Base Rent,
Excess Expense payments and other monetary obligations of Tenant hereunder will
be prorated effective as of the date of Tenant's delivery of any such
termination notice to Landlord.
(S)20. CONDEMNATION. If all or any substantial portion of the Leased
------------
Premises is taken by or under threat of condemnation so as to render the Leased
Premises wholly untenantable, then this Lease will automatically terminate as of
the date of the vesting of title to such property in the condemning authority.
If such taking does not render the Leased Premises wholly untenantable, then
this Lease will not terminate but will continue in full force and effect in
accordance with its terms, except that the Base Rent and Tenant's Proportionate
Share will be adjusted to fairly reflect the portion of the Leased Premises
which was so taken. Landlord will not be liable to Tenant for any inconvenience
or interruption to Tenant's business occasioned by any such taking. Landlord
will be entitled to receive the entire award made by the condemning authority
for any such taking. Landlord will promptly notify Tenant of the institution of
any condemnation proceeding affecting the Leased Premises.
(S)21. HOLDING OVER. Tenant will have the right to hold over in its
------------
occupancy of the Leased Premises after the expiration of the Lease Term for a
period of 90 days, provided that it has given written notice of its intention to
so hold over to Landlord at least 120 days prior to the expiration of the Lease
Term, and provided further that the monthly Base Rent payable by Tenant during
the holdover term will
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be 125% of the Base Rent in effect for the last month of the Lease Term. Except
as otherwise provided above, Tenant will not hold over in its occupancy of the
Leased Premises after the expiration of the Lease Term, without the prior
written consent of Landlord.
(S)22. DEFAULT. If Tenant fails to pay any installment of Base Rent or
-------
any other sum payable by it hereunder within ten days after its receipt (and the
receipt thereof by any guarantor of Tenant's obligations hereunder) of written
notice from Landlord that any such sum is due and unpaid hereunder, or if Tenant
defaults in the performance of any of its other obligations under this Lease and
such default continues for 30 days after written notice thereof is given to
Tenant (and any guarantor of Tenant's obligations hereunder) (unless such
default is not capable of being cured within the aforementioned 30-day period,
in which event, Tenant will have such longer grace period as is reasonably
required to cure such default, provided that Tenant commences the cure thereof
within the aforementioned 30-day period and at all times thereafter diligently
pursue such cure to completion), then, in addition to any other legal rights and
remedies available to Landlord at law or in equity, Landlord may: (a) terminate
Tenant's right of possession under this Lease and declare all Base Rent and
estimated Excess Expense payments payable over the remainder of the Lease Term
to be immediately due and payable; or (b) reenter and attempt to relet the
Leased Premises without terminating this Lease, in which event Tenant will
remain obligated to pay to Landlord any deficiency between all sums payable by
Tenant pursuant to this Lease and any sums collected by Landlord from any
reletting of the Leased Premises (net of any sums paid by Landlord in connection
with such reletting, including, without limitation, leasing commissions,
attorneys' fees and costs of improvements to the Leased Premises).
If Landlord defaults in the performance of any of its obligations under this
Lease and such default continues for thirty days after its receipt of written
notice (unless such default is not capable of being cured within the
aforementioned 30-day period, in which event, Landlord will have such longer
grace period as is reasonably required to cure such default, provided that
Landlord commences the cure thereof within the aforementioned 30-day period and
at all times thereafter diligently pursues such cure to completion), then, in
addition to any other legal rights and remedies available to Tenant at law or in
equity, Tenant will have the right to take all reasonable actions required to
cure such default and Tenant may thereafter offset the reasonable out-of-pocket
expenses incurred by Tenant in curing such default against any Base Rent payable
by Tenant hereunder.
(S)23. PREVAILING PARTY'S FEES. If any legal action is commenced by
-----------------------
either Landlord or Tenant, to enforce its rights hereunder, then all attorneys'
fees, paralegal fees and other expenses incurred by the prevailing party in such
action shall be promptly paid by the non-prevailing party.
(S)24. SUCCESSORS AND ASSIGNS. This Lease shall be binding upon and
----------------------
inure to the benefit of the successors and assigns of Landlord and the
successors and permitted assigns of Tenant.
(S)25. NO WAIVER. No waiver of any covenant or condition of this Lease
---------
by either party will be deemed to constitute a future waiver of the same or any
other covenant or condition of this Lease. In order to be effective, any such
waiver must be in writing and must be delivered to other party to this Lease.
-12-
(S)26. BROKERAGE COMMISSIONS. Each of Landlord and Tenant hereby
---------------------
represents and warrants that it has not dealt or consulted with any real estate
broker or agent in connection with this Lease other than those real estate
brokers and agents specifically identified in the Agency Disclosure Statement
attached hereto as Exhibit G. Each of Landlord and Tenant agrees to indemnify
and hold the other harmless from and against any liability or expense occasioned
by a breach of the foregoing representation.
(S)27. REASONABLENESS OF CONSENT. Landlord shall not unreasonably
-------------------------
withhold any consent or approval which is required to be given by it pursuant to
the terms of this Lease.
(S)28. AMENDMENT. This Lease may not be amended except by a written
---------
instrument signed by both Landlord and Tenant.
(S)29. GOVERNING LAW. This Lease will be governed by and construed in
-------------
accordance with the laws of the State of Florida.
(S)30. NOTICES. All notices required or permitted under this Lease must
-------
be in writing and must be delivered to Landlord and Tenant at their addresses
set forth in the Lease Summary (or such other address as may hereafter be
designated by such party). Any such notice must be personally delivered or sent
by registered or certified mail, overnight courier or facsimile transmission.
Any such notice will be deemed effective when received (if sent by hand
delivery, overnight courier or facsimile transmission) or on the date which is
three days after such notice of deposit in the United States mail (if sent by
registered or certified mail).
(S)31. RENEWAL OPTIONS. Tenant will have the option to renew this Lease
---------------
for two renewal terms of five years each. Each such renewal option must be
exercised, if at all, by Tenant's delivery of written notice of exercise to
Landlord at least 150 days prior to the scheduled expiration of the then
existing term (be it the initial lease term or the first renewal term).
Tenant's right to renew this Lease will be conditioned upon the Lease being in
full force and effect, without any default on the part of Tenant, both at the
time of Tenant's exercise of such option and at the time of the scheduled
commencement of such renewal term. Each such renewal term will be upon all of
the same terms and conditions set forth in this Lease with respect to the
initial lease term, except that the Base Rent for each year during each such
renewal term will be equal to the Base Rent payable during the immediately
preceding year, plus $.25 for every rentable square foot contained within the
Leased Premises. With respect to each renewal term exercised by Tenant
hereunder, Landlord will provide to Tenant a refurbishment allowance equal to
$302,463 ($3.00 per rentable square foot contained within the Leased Premises).
The amount of the refurbishment allowance will be paid to Tenant within ten days
after Landlord's approval of the refurbishing plans for the Leased Premises
submitted to it by Tenant.
(S)32. RIGHT OF FIRST REFUSAL. If at any time during the Lease Term any
----------------------
space becomes available either in the 000 Xxxxxxxxxxxxx Xxxxxxx Building or the
000 Xxxxxxxxxxxxx Xxxxxxx Building ("Vacant Space"), then Landlord will promptly
give written notice to Tenant of the existence of such Vacant Space. Tenant
will have ten calendar days after its receipt of such written notice from
Landlord in which to exercise its option to lease the Vacant Space at a rental
rate and upon such other terms and conditions as are specified in this Lease
with respect to the Leased Premises (including, without limitation, a provision
that the term of its leasing of any such vacant space will be co-terminus with
the expiration of
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the lease term for the Leased Premises). Tenant will exercise such right of
first option or first offer, if at all, by delivering written notice of its
exercise of the same to Landlord within the aforementioned ten calendar day
period. If Tenant fails to provide Landlord with such written notice within the
aforementioned ten calendar day period or if Tenant expressly declines to
exercise its right hereunder, then, in either such event, Landlord will
thereafter have the unrestricted right to lease the Vacant Space to any third
party at such rental rate and upon such terms and conditions as Landlord deems
appropriate. If Tenant leases any additional space pursuant to this section,
Landlord and Tenant will enter into an addendum to this Lease reflecting the
terms and conditions specified herein for the leasing of such additional space.
(S)33. EXPANSION OPTION. Effective as of the first anniversary of the
----------------
Commencement Date and as of the first day of the seventh, thirteenth, nineteenth
and twenty-fifth calendar months thereafter, Tenant will have the right to lease
additional space (to the extent the same is vacant and available) in either the
000 Xxxxxxxxxxxxx Xxxxxxx Building, the 000 Xxxxxxxxxxxxx Xxxxxxx Building or
any other building owned by Landlord (or any affiliate of Landlord) in the
Heathrow International Business Center ("Expansion Space"). Tenant will
exercise any such expansion option, if at all, by delivering written notice of
the exercise of such option to Landlord by no later than ninety days prior to
the scheduled commencement date of its rental of such expansion space (as such
dates are specified in the first sentence of this (S)33). Any exercise of the
expansion option by Tenant hereunder must be in increments of at least 5,000
rentable square feet of space. If Tenant exercises any such expansion option,
its leasing of such Expansion Space will be upon all of the same terms and
conditions set forth in this Lease with respect to the Leased Premises
(including, without limitation, a provision that the term of its leasing of
such Expansion Space will be coterminous with the expiration of the Lease Term
for the Leased Premises), except that the Base Rent will be equal to 95% of the
fair market rent for comparable buildings in comparable locations and any tenant
improvement allowance to be provided to Tenant will be equal to the fair market
tenant improvement allowance for comparable buildings in comparable locations.
If Tenant leases any additional space pursuant to this section, Landlord and
Tenant will enter into an addendum to this Lease reflecting the terms and
conditions specified herein for the leasing of such additional space.
(S)34. CANCELLATION OPTION. Tenant will have the right to cancel this
-------------------
Lease effective as of the end of the fifth year of the Initial Lease Term or
effective as of the end of the seventh year of the Initial Lease Term. Tenant's
exercise of any such option will be exercised, if at all, by its delivery of
written notice to Landlord on or before the date which is at least 180 days
prior to the scheduled effective date of such cancellation. Tenant's right to
cancel this Lease will be conditioned upon the Lease being in full force and
effect, without any default on the part of Tenant, both at the time of Tenant's
exercise of such option and at the time of the scheduled cancellation of this
Lease. It will be a condition to Tenant's exercise of either such cancellation
option (that is, the cancellation option effective as of the end of the fifth
year of the initial Lease Term or the cancellation option effective as of the
seventh year of the Initial Lease Term) that Tenant pay to Landlord at the same
time as it delivers its written notice of the exercise of such cancellation
option cash in a sum equal to $2,424,520 (if the exercise of such option is
effective as of the end of the fifth year of the initial Lease Term) of
$1,789,970 (if the cancellation is effective as of the end of the seventh year
of the initial Lease Term). To the extent the Base Rent payable by Tenant
hereunder is adjusted pursuant to the provisions of (S)9, 32 or 33 of this
Lease, the amount of the aforementioned cancellation penalties will also be
adjusted to reflect such Base Rent adjustment in a
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manner which is consistent with the mode of the initial calculation of the
aforementioned cancellation penalties.
(S)35. RELOCATION AND PLANNING EXPENSES. Landlord will provide Tenant
--------------------------------
with the following allowances: (a) an amount equal to $2.00 per rentable square
foot contained within the Leased Premises to defray Tenant's costs of relocating
to the Leased Premises; and (b) an amount equal to $1.50 per rentable square
foot of space contained within the Leased Premises to defray Tenant's costs of
the preparation of space plans and all services and documentation necessary for
the completion of construction documents with respect to the Leased Premises.
The relocation allowance referred to in clause (a), above, will be paid by
Landlord to Tenant on or before September 1, 1996. The space planning allowance
referred to in clause (b), above, will be paid by Landlord to Tenant
periodically after the date of the parties' execution of this Lease, upon
Tenant's presentation to Landlord of invoices indicating the amount of the
expenses incurred by Tenant in connection with the preparation of space plans
and all construction documents related to the Leased Premises.
(S)36. PARKING. Landlord will provide Tenant with 403 parking spaces,
-------
of which 25 spaces will be reserved parking spaces for the senior management of
Tenant. All such parking will be provided at no additional cost to Tenant. The
location of the reserved spaces will be subject to mutual agreement by Landlord
and Tenant. The signage identifying the existence of any reserved parking
spaces will be consistent in use with the reserved parking signage presently in
use at the 000 Xxxxxxxxxxxxx Xxxxxxx building.
(S)37. NONCOMPETITION CLAUSE. From and after the date of the parties
---------------------
execution of this Lease and throughout the Lease Term so long as Tenant remains
in possession of the Leased Premises without any default on Tenant's part,
should Landlord lease any other space in the Building to any person, firm or
corporation engaged in the same or similar type of business as that of Tenant
(including vendors or distributors of products of any such person or
corporation), then Tenant will have the option at any time thereafter to cancel
and terminate this Lease and Tenant will have no further obligation to Landlord
hereunder.
(S)38. ROOFTOP ANTENNA. Tenant will have the right, at its expense, to
---------------
install, maintain and remove a satellite dish-type antenna on the roof of the
Building, so long as the installation thereof does not violate any applicable
zoning or building codes or any restrictive covenants applicable to the business
park in which the Building is located. The location of any such antennae on the
roof of the Building will be subject to the prior approval of Landlord.
(S)39. ZONING. Landlord represents, warrants and covenants as follows:
------
(a) the Leased Premises are presently zoned so as to permit the construction and
lawful use of the Leased Premises in accordance with the provisions hereof; (b)
there are sufficient parking spaces dedicated to the Building so as to comply
with all applicable zoning codes; and (c) Landlord's title to the Leased
Premises is not subject to any covenant, agreement, reservation, lien, easement,
restriction or encumbrance, which would prohibit Tenant from using the Leased
Premises in accordance with the terms of this Lease.
(S)40. RIGHT OF FIRST REFUSAL TO PURCHASE BUILDING. If at any time
-------------------------------------------
during the Lease Term, Landlord receives a bona fide written offer from a third
party to purchase the Building ("Third Party
-15-
Offer"), which Landlord is willing to accept, then Landlord will notify Tenant
thereof and will afford Tenant a period of thirty days in which to elect to
purchase the Building on the identical terms and conditions set forth in the
Third Party Offer. If Tenant gives Landlord written notice within the
aforementioned thirty day period that Tenant so elects to purchase the Building,
then Tenant will proceed to purchase the Building from Landlord upon the
identical terms and conditions set forth in the Third Party Offer; provided that
Landlord can convey good and marketable title thereto, by full warranty deed,
such title being insurable by a nationally-known title company at standard rates
for an ALTA policy. If Tenant declines to purchase the Building or fails to
respond to Landlord's notice within the aforementioned thirty-day period, then
Landlord will be free to sell the Building on the terms and conditions set forth
in the Third Party Offer; provided, however, that if the Building is not sold
within 90 days after the outside date for closing specified in such Third Party
Offer, then Landlord will be again obligated to offer the Building for sale to
Tenant as hereinabove provided. Notwithstanding anything to the contrary
contained herein, Tenant hereby acknowledges and agrees that if the Third Party
Offer involves the purchase by such third party of any properly owned by
Landlord or any affiliate thereof in addition to the Building, then Tenant, as a
condition precedent to its exercise of its right of first refusal hereunder,
will similarly be obligated to purchase both the Building and such additional
property on identical terms and conditions set forth in the Third Party Offer.
In addition, if any brokerage commission is due from Landlord to Commercial
First Properties, Inc. as a result of Tenant's purchase of the Building pursuant
to the rights granted to it pursuant to this (S)40, then the purchase price
payable by Tenant for its acquisition of the Building will be increased by the
excess, if any, of any commission so payable by Landlord to Commercial First
Properties, Inc., less the amount of any commission payable by Landlord to any
unaffiliated real estate broker representing the Buyer under the Third Party
Offer, and such excess amount will be paid in cash at closing by Tenant.
(S)41. SELF-FUNDING OF TENANT IMPROVEMENTS. Tenant will have the
-----------------------------------
option, if it so elects, to directly pay all costs associated with the
construction of the improvements to the Leased Premises pursuant to (S)9 hereof.
If Tenant desires to self-fund the cost of the construction of such
Improvements, it will deliver written notice of such election to Landlord within
30 days after the parties' execution of this Lease. If Tenant fails to deliver
such a written election to Landlord within the aforementioned 30-day period,
then it will be deemed to have elected not to exercise such option.
If Tenant exercises its option to self-fund the cost of constructing such
Improvements within the aforementioned 30-day period, then it will thereafter be
obligated to pay all such costs directly to the general contractor constructing
such Improvements at the same time and upon the same terms and conditions set
forth in the general contractor's contract for the construction thereof, a copy
of which will be furnished by Landlord to Tenant. If Tenant so elects to self-
fund the cost of constructing such Improvements, the following adjustments will
be made in the economics of this Lease:
(a) Relocation and Planning Expenses. Landlord will have no
--------------------------------
obligation to pay the relocation and planning expense allowances to Tenant
pursuant to (S)35 hereof, and, to the extent any portion thereof has already
been paid to Tenant by Landlord, Tenant will, coincident with its exercise of
its self-funding option, reimburse Landlord for the full amount of such previous
payments.
-16-
(b) Base Rent. The Base Rent payable by Tenant pursuant to the Base
---------
Rent Schedule attached hereto as Exhibit A will be reduced by $1.75 per rentable
square foot for each period of the lease term specified in such Base Rent
Schedule
(c) Cancellation Option. The cash payments required to be made to
-------------------
Landlord by Tenant upon its exercise of the cancellation option pursuant to
(S)34 will be reduced to $353,102 (if the exercise of such option is effective
as of the end of the fifth year of the initial Lease Term) of $353,633 (if the
cancellation is effective as of the end of the seventh year of the initial Lease
Term).
Except as otherwise expressly provided herein, all of the terms and conditions
of the Lease will remain in full force and effect in accordance with their
terms, notwithstanding Tenant's exercise of its self-funding option pursuant to
this (S)41.
(Signatures and Acknowledgments Appear on Next Page)
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SIGNATURES AND ACKNOWLEDGMENTS
------------------------------
Landlord and Tenant have executed this Lease as of the date specified in the
Lease Summary.
Signed and acknowledged in
the presence of:
LANDLORD:
000 XXXXXXXXXXXXX XXXXXXX
DEVELOPMENT COMPANY
/s/ Nova X. Xxxxx By: Xxxxxxx Management Inc.
----------------------------------
/s/ Xxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx
---------------------------------- -------------------------------
(Name)
Title: Vice President
------------------------------
TENANT:
----------------------------------
SEAGATE SOFTWARE STORAGE
---------------------------------- MANAGEMENT GROUP
STATE OF Ohio By: /s/ Xxxxxxxxxxx X. Xxxxxx
--------------- -------------------------------
COUNTY OF Franklin (Name)
---------------
Title: Vice President, Worldwide
Operations
------------------------------
Before me, a notary public in and for said state and county, personalty appeared
Xxxxxxx X. Xxxxx, the Vice President of Xxxxxxx Management Inc., the managing
agent of 000 Xxxxxxxxxxxxx Xxxxxxx Development Company, the Landlord in the
foregoing Lease, who acknowledged the signing of the Lease to be his free act
and deed on behalf of the Landlord.
Date: 3/13/96 Notary Public: Nova X. Xxxxx
----------------
STATE OF Florida
-------------
COUNTY OF Seminole
---------------------
Before me, a notary public in and for said state and county, personally appeared
Xxxxxxxxxxx X. Xxxxxx, the Vice President, Worldwide Operations of Seagate
Software Storage Management Group, the Tenant in the foregoing Lease, who
acknowledged the signing of the Lease to be his free act and deed on behalf of
Tenant. (personally known)
Date: Feb. 13, 1996 Notary Public: Xxxxxxx X. Xxxxxxx
----------------
TENANT:
SEAGATE SOFTWARE STORAGE
--------------------------------- MANAGEMENT GROUP
By: /s/ Xxxxxx X. Xxxxx
--------------------------------- ------------------------------------
Xxxxxx X. Xxxxx
Executive Vice President, CFO, CAO
-19-
EXHIBIT A
---------
BASE RENT SCHEDULE
------------------
The monthly and per rentable square foot Base Rent payable by Tenant during
the Lease Term will be as set forth in the following schedule:
BASE RENT
MONTHLY PER RENTABLE
LEASE PERIOD BASE RENT SQUARE FOOT
---------------------------------------- ------------- ---------------
A. Initial Lease Term
10/15/96-10/14/97 $158,372 $18.85
10/15/97-10/14/98 $160,473 $19.10
10/15/98-10/14/99 $162,573 $19.35
10/15/99-10/14/2000 $164,674 $19.60
10/15/00-10/14/01 $166,774 $19.85
10/15/01-10/14/02 $168,875 $20.10
10/15/02-10/14/03 $170,975 $20.35
10/15/03-10/14/04 $173,076 $20.60
10/15/04-10/14/05 $175,176 $20.85
10/15/05-10/15/06 $177,277 $21.10
B. First Renewal Term
10/15/06-10/14/07 $179,377 $21.35
10/15/07-10/14/08 $181,478 $21.60
10/15/08-10/14/09 $183,578 $21.85
10/15/09-10/15/10 $185,679 $22.10
10/15/10-10/14/11 $187,779 $22.35
C. Second Renewal Term
10/15/11-10/14/12 $189,880 $22.60
10/15/12-10/14/13 $191,980 $22.85
10/15/13-10/14/14 $194,080 $23.10
10/15/14-10/15/15 $196,181 $23.35
10/15/15-10/14/16 $198,281 $23.60
The total monthly payment due from Tenant during the first twelve months of the
Lease Term will be $169,458.04 (consisting of Base Rent of $158,372 and sales
tax thereon of $11,086.04).
Initialed and Approved by Tenant:
/s/ CRG 2/12/96
-----------------------------------------
-21-
EXHIBIT B
---------
LIST OF OPERATING EXPENSES
--------------------------
The following are those expenses which are included within the definition of
"Operating Expenses":
1. Costs of maintaining and repairing (but not replacing) the Building and
all common areas serving the Building;
2. The cost of providing janitorial services to the Building;
3. The cost of providing security for the Building;
4. Real estate taxes and assessments on the Building, provided, however, that
Tenant will not be responsible for the payment as an Operating Expense of
the incremental increase in real estate taxes and assessments which is
directly attributable to Landlord's sale of the Building to a third party,
which, in turn, leads to an increase in the valuation of the Building for
tax purposes;
5. Costs related to the provision of utility services to the Building;
6. The cost of any Building improvement (amortized over the useful life of
such improvement in a manner as is consistent with generally accepted
accounting principles) which Landlord is required to make as a result of
the enactment of any governmental law after the date of the execution of
this Lease;
7. The cost of any cost-saving utility devise installed in the Building, but
only to the extent of the actual cost-savings obtained therefrom;
8. Insurance premiums for liability and extended coverage insurance policies
maintained by Landlord on the Building;
9. Salaries and related costs (including fringe benefits, payroll taxes and a
labor overhead charge of not more than 15%) of personnel spending time
directly associated with the operation, management and maintenance of the
Building, including, without limitation, those paid to any on-site
assistant property management or maintenance personnel;
10. Any assessments imposed by any property owners association;
11. A property management fee of 1.5% of all Base Rent and Excess Expense
Payments payable by Tenant hereunder;
12. A contingency/replacement reserve of $.05 per rentable square foot
contained within the Leased Premises;
13. Accounting, legal and other professional services rendered in connection
with the operation, management and maintenance of the Building; and
14. All other costs related to the operation, management and maintenance of
the Building which are considered to be operating expenses under generally
accepted accounting principles.
For the purposes of this Lease, "Controllable Expenses" will mean those expenses
referred to in (P)(P)'s 8 through 13, above.
The following are those expenses which are excluded from the definition of
"Operating Expenses":
A. Landlord's debt service on any financing related to the Building;
B. Franchise or income taxes payable by Landlord;
C. Salaries, employee benefits and payroll taxes for offsite, executive or
managerial personnel of Landlord;
D. Costs of all tenant improvements;
E. Leasing commissions;
F. Attorney's fees incurred by Landlord in prosecuting any eviction or other
legal action against any tenant in the Building; and
G. The portion of any cost or expense for which Landlord is entitled to
reimbursement by insurance proceeds, condemnation awards, payments by
other tenants or any other sources;
H. The cost of performing additions, alterations, improvements or individual
services for other tenants or vacant or vacated space (including, without
limitation, the repair and/or replacement of the roof over other tenant's
premises;
I. Any payments required in connection with any ground lease encumbering the
Building;
J. Costs and expenses of enforcing lease provisions against other tenants in
the Building, including, without limitation, legal fees associated with
such enforcement efforts;
K. Costs and expenses resulting from a violation by Landlord of the terms of
any lease of space in the Building or of any ground lease or a mortgage to
which this Lease is subordinate;
L. Costs for the repair of any part of the Building which was defectively
designed or constructed;
-2-
M. Costs associated with the removal and clean-up of hazardous waste and
toxic substances or compliance with hazardous waste laws if such costs are
not attributable to the activities of Tenant or anyone claiming by,
through or under Tenant;
N. Any increase in insurance premiums to the extent that such increase is
caused by or attributable to the use, occupancy or act of another tenant
in the Building;
O. The cost of any repair to the building made by Landlord because of the
total or partial destruction of the Building or the condemnation of a
portion of the Building;
P. The cost of any additions or capital improvements made to the Building
relating to Landlord's responsibility to comply with the Americans with
Disabilities Act, including all regulations relating thereto;
Q. Except for the management fee referred to in subparagraph 12 of this
Exhibit B, any overhead, managerial, administrative or supervisory costs
or expenses related to the operation and maintenance of the Building; and
R. All costs for any items which, under generally accepted accounting
principles, would be capitalized, depreciated or amortized, regardless
whether said items are leased, financed or purchased (other than those
specifically included within the definition of "Operating Expenses" in
this Exhibit C).
Operating Expenses shall be computed for each calendar year during the Lease
Term based upon the accrual method of accounting. If the Building is ever less
than 95% occupied, then Operating Expenses shall be calculated as if the
Building had been 95% occupied and the results shall constitute Landlord's
Operating Expenses for such calendar year for all purposes of this Lease. In
order to be treated as an Operating Expense for the purposes of this Lease, any
cost or expense incurred by Landlord must be reasonably incurred and must be
reasonable in amount for comparable buildings and comparable services in the
greater Orlando metropolitan area.
Initialed and Approved by Tenant:
/s/ CRG 2/12/96
--------------------------------------------
-3-
EXHIBIT C
---------
RULES AND REGULATIONS
---------------------
1. No sign, placard, picture, advertisement, name or notice visible from
outside the Premises shall be installed or displayed on any part of the
outside or inside of the Building without the prior written consent of
Landlord. Landlord shall have the right to remove, at Tenant's expense and
without notice, any sign installed or displayed in violation of this rule.
All approved signs or lettering on doors and walls shall be printed,
painted, affixed or inscribed at the expense of Tenant by a person chosen
by Landlord, using materials of Landlord's choice and in a style and format
approved by Landlord.
2. Tenant must use Landlord's blinds in all exterior and atrium window
offices. No awning shall be permitted on any part of the Premises. Tenant
shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. Tenant shall not obstruct any sidewalks, halls, passages, exits, entrances,
elevators, escalators or stairways of the Building. The halls, passages,
exits, entrances, shopping malls, elevators, escalators and stairways are
not for the general public, and Landlord shall in all cases retain the
right to control and prevent access thereto of all persons whose presence
in the judgment of Landlord would be prejudicial to the safety, character,
reputation and interests of the Building and its tenants; provided that
nothing herein contained shall be construed to prevent such access to
persons with whom any tenant normally deals in the ordinary course of its
business, unless such persons are engaged in illegal activities. No tenant
and no employee or invitee of any tenant shall go upon the roof of the
Building.
4. The directory of the Building will be provided by Landlord and shall
consist exclusively of the display of the name and location of tenants
only; Landlord reserves the right to exclude any other names therefrom.
5. All cleaning and janitorial services for the Building and the Premises
shall be provided exclusively through Landlord, and except with the written
consent of Landlord, no person or persons other than those approved by
Landlord shall be employed by Tenant or permitted to enter the Building for
the purpose of cleaning the same. Landlord shall not in any way be
responsible to any Tenant for any loss of property on the Premises, however
occurring, or for any damage to any Tenant's property by the Janitor or any
other employee or any other person.
6. Landlord will furnish Tenant, free of charge, with two keys to each door
lock in the Premises. Landlord may make a reasonable charge for any
additional keys. Tenant shall not make or have made additional keys, and
Tenant shall not alter any lock or install a new additional lock or bolt on
any door of its Premises. Tenant, upon the termination of its tenancy,
shall deliver to Landlord
the keys of all doors which have been furnished to Tenant, and in the event
of loss of any keys so furnished, shall pay Landlord therefor.
7. If Tenant requires telegraphic, telephonic, burglar alarm or similar
services, it shall first obtain, and comply with, Landlord's instructions
in their installation.
8. Any freight elevator shall be available for use by all tenants in the
Building, subject to such reasonable scheduling as Landlord in its
discretion shall deem appropriate. No equipment, materials, furniture,
packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such
elevators as may be designated by Landlord.
9. Tenant shall not place a load upon any floor of the Premises which exceeds
the load per square foot which such floor was designed to carry and which
is allowed by law. Landlord shall have the right to prescribe the weight,
size and position of all equipment, materials, furniture or other property
brought into the Building. Heavy objects, if such objects are considered
necessary by Tenant, as determined by Landlord, shall stand on such
platforms as determined by Landlord to be necessary to properly distribute
the weight. Business machines and mechanical that may be transmitted to
the structure of the Building or to any space therein to such degree as to
be objectionable to Landlord or to any tenants in the Building, shall be
placed and maintained by Tenant, at Tenant's expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration.
The persons employed to move such equipment in or out of the Building must
be acceptable to Landlord. Landlord will not be responsible for loss of,
or damage to, any such equipment or other property from any cause, and all
damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of Tenant.
10. Tenant shall not use or keep in the Premises any kerosene, gasoline or
inflammable or combustible fluid or material other than those limited
quantities necessary for the operation or maintenance of office equipment.
Tenant shall not use or permit to be used in the Premises any foul or
noxious gas or substance, or permit or allow the Premises to be occupied or
used in a manner offensive or objectionable to Landlord or other occupants
of the Building by reason of noise, odors or vibrations, nor shall Tenant
bring into or keep in or about the Premises any birds or animals.
11. Tenant shall not use any method of heating or air conditioning other than
supplied by Landlord.
12. Tenant shall not waste electricity, water on air conditioning and agrees to
cooperate fully with Landlord to assure the most effective operation of the
Building's heating, air conditioning and lighting to comply with any
governmental energy saving rules, laws or regulations of which Tenant has
actual notice, and shall refrain from attempting to adjust control. Tenant
shall keep corridor doors closed, and shall close window coverings at the
end of each business day.
13. Landlord reserves the right, exercisable without notice and without
liability to Tenant, to change the name and street address of the Building.
-2-
14. Landlord reserves the right to exclude from the Building between the hours
of 8 p.m. and 7 a.m. the following day, or such other hours as may be
established from time to time by Landlord, and on Sundays and legal
holidays, any person unless that person is known to the person or employee
in charge of the Building and has a pass or is properly identified. Tenant
shall be responsible for all persons for whom it requests passes and shall
be liable to Landlord for all acts of such persons. Tenant shall pay the
cost of replacing any security cards provided by Landlord. Landlord shall
not be liable for damages for any error with regard to the admission to or
exclusion from the Building of any person, Landlord reserves the right to
prevent access to the Building in case of invasion, mob, riot, public
excitement or other commotion by closing the doors or by other appropriate
action.
15. Tenant shall close and lock the doors of its Premises and entirety shut off
all water faucets or other water apparatus, and electricity, gas or air
outlets before Tenant and its employees leave the Premises. Tenant shall
be responsible for any damage or injuries sustained by other tenants or
occupants of the Building or by Landlord for noncompliance with this rule.
16. Tenant shall not obtain for use on the Premises ice, drinking water, food,
beverage, towel or other similar services or accept barbering or
bootblacking services upon the Premises, except at such hours and under
such regulations as may be fixed by Landlord.
17. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall
not be used for any purpose other than that for which they were constructed
and no foreign substance of any kind whatsoever shall be thrown therein.
The expense of any breakage, stoppage or damage resulting from the
violation of this rule shall be borne by the tenant who, or whose employees
or invitees, shall have caused it.
18. Tenant shall not sell, or permit the sale at retail, of newspapers,
magazines, periodicals, theater tickets or any other goods of merchandise
to the general public in or on the Premises. Tenant shall not make any
room-to-room solicitation of business from other tenants in the Building.
Tenant shall not use the Premises for any business or activity other than
that specifically provided for in Tenant's Lease.
19. Tenant shall not install any radio or television antenna, loudspeaker or
other device on the roof or exterior walls of the Building. Tenant shall
not interfere with radio or television broadcasting or reception from or in
the Building or elsewhere.
20. Tenant shall not xxxx, drive nails, screw or drill into the partitions,
woodwork or plaster or in any way deface the Premises or any part thereof,
except to install normal wall hangings. Landlord reserves the right to
direct electricians as to where and how telephone and telegraph wires are
to be introduced to the Premises. Tenant shall not cut or bore holes for
wires. Tenant shall not affix any floor covering to the floor of the
Premises in any manner except as approved by Landlord. Tenant shall repair
any damage resulting from noncompliance with this rule.
-3-
21. Tenant shall not install, maintain or operate upon the Premises any vending
machine without the written consent of Landlord.
22. Canvassing, soliciting and distribution of handbills or any other written
material, and peddling in the Building are prohibited, and each tenant
shall cooperate to prevent same.
23. Landlord reserves the right to exclude or expel from the Building any
person who, in Landlord's judgment, is intoxicated or under the influence
of liquor or drugs or who is in violation of any of the Rules and
Regulations of the Building.
24. Tenant shall store all its trash and garbage within its Premises. Tenant
shall not place in any trash box or receptacle any material which cannot be
disposed of in the ordinary and customary manner of trash and garbage
disposal. All garbage and refuse disposal shall be made in accordance with
directions issued from time to time by Landlord.
25. The Premises shall not be used for the storage of merchandise held for sale
to the general public, or for lodging or for manufacturing of any kind, nor
shall the Premises be used for any improper, immoral or objectionable
purpose. No cooking shall be done or permitted by any tenant on the
Premises, except that use by Tenant of Underwriters' Laboratory approved
equipment for brewing coffee, tea, hot chocolate and similar beverages
shall be permitted, and the use of microwave shall be permitted, provided
that such equipment and its use is in accordance with all applicable
federal, state, county and city laws, codes, ordinances, rules and
regulations.
26. Tenant shall not use in any space or in the public halls of the Building
any hand trucks except those equipped with rubber tires and side guards or
such other material handling equipment as Landlord may approve. Tenant
shall not bring any other vehicles of any kind into the Building.
27. Without the written consent of Landlord, Tenant shall not use the name of
the Building in connection with or in promoting or advertising the business
of Tenant except as Tenant's address.
28. Tenant shall comply with all safety, fire protection and evacuation
procedures and regulations established by Landlord or any governmental
agency.
29. Tenant assumes any and all responsibility for protecting its Premises from
theft, robbery and pilferage, which includes keeping doors locked and other
means of entry to the Premises closed.
30. The requirements of Tenant will be attended to only upon appropriate
application to the office of the Building by an authorized individual.
Employees of Landlord shall not perform any work or do anything outside of
their regular duties unless under special instructions from landlord, and
no employee of Landlord will admit any person (Tenant or otherwise) to any
office without specific instructions from Landlord.
-4-
31. In the event Tenant fails to deliver to Landlord its keys to the Premises
upon termination of Tenant's right to possession under the Lease, or
Tenant's vacating of the Premises, the cost of replacing the locks and keys
shall be borne by Tenant.
32. Bicycles, motorbikes and motorcycles are prohibited within the Building and
must be keep in designated parking areas.
33. No pets or other animals of any type whatsoever are permitted in the
Building at any time.
34. Landlord may waive any one or more of these Rules and Regulations for the
benefit of Tenant or any other tenant, but no such waiver by Landlord shall
be construed as a waiver of such Rules and Regulations in favor of Tenant
or any other tenant, nor prevent Landlord from thereafter enforcing any
such Rules and Regulations against any or all of the tenants of the
Building.
35. These Rules and Regulations are in addition to, and shall not be construed
to in any way modify or amend, in whole or in part, the terms, covenants,
agreements and conditions of any lease of premises in the Building.
36. Landlord reserves the right to make such other and reasonable Rules and
Regulations as, in its judgment, may from time to time be needed for safety
and security, for care and cleanliness of the Building and for the
preservation of good order therein. Tenant agrees to abide by all such
Rules and Regulations hereinabove stated and any additional rules and
regulations which are adopted.
37. Tenant shall be responsible for the observance of all of the foregoing
rules by Tenant's employees, agents, clients, customers, invitees and
guests.
Initialed and Approved by Tenant:
/s/ CRG 2/12/96
-------------------------------------------
-5-
EXHIBIT D
---------
BUILDING SPECIFICATIONS
XXXXXXX HEATHROW
PROPOSED OFFICE BUILDING
1.00 PROPOSAL PARAMETERS
2.00 SITE WORK
3.00 CONCRETE
4.00 MASONRY (N.I.C.)
5.00 METALS
6.00 WOOD AND PLASTICS
7.00 THERMAL AND MOISTURE PROTECTION
8.00 DOORS, WINDOWS AND GLASS
9.00 FINISHES
10.00 SPECIALTIES
11.00 EQUIPMENT
12.00 FURNISHINGS
13.00 SPECIAL CONSTRUCTION (N.I.C.)
14.00 CONVEYING SYSTEMS
15.00 MECHANICAL
16.00 ELECTRICAL
EXHIBIT D
---------
1.00 PROPOSAL PARAMETERS FOR 000 XXXXXXXXXXXXX XXXXXXX
1.03 BUILDING LAYOUT
A. Site Planning
1. The building has been situated to maximize the use of the site
and provide maximum visibility from the entrance roads.
2. 403 employee parking spaces have been provided on grade for the
Heathrow site.
3. A loading dock area and 2 short term service vehicle spaces will
be provided.
B. Footprint
1. The total leasable square footage is 100,821 sq. ft. The gross
square footage is 104,497.
2. The building has allowed for maximum efficiency in the layout.
Bay spacing is 30'-0".
2.00 SITE WORK
2.01 EARTHWORK
A. The proposed Heathrow site does not require any significant
import/export of earth material and is therefore balanced. The site
should not require any significant dewatering.
B. The excavation, stripping and stockpiling of topsoil and compaction
of soils will be performed in accordance with standard building
codes.
C. A standard spread footing foundation system has been included.
2.02 SITE DRAINAGE AND UTILITIES
A. The storm drainage system is a sheet drain system, which will flow
to several catch basins located in the drive lanes and then will be
distributed to the retention pond located to the northwest of the
property.
-2-
EXHIBIT D
---------
2.03 PAVING AND SURFACING
A. The vehicular drives and parking surfaces were priced with 1"
asphalt in parking stalls and 2" asphalt in roadway areas. Included
is 6" header curb. Concrete shall be 3,000 PSI.
B. A 5' wide sidewalk has been included at appropriate walkpaths around
the building as required for egress. Concrete shall be 3,000 PSI
with non-slip broom finishes.
2.04 LANDSCAPING & IRRIGATION
A. The Xxxxxxx team has included landscaping and irrigation system.
3.00 CONCRETE
3.01 BUILDING FRAME
A. The Xxxxxxx team has included structural concrete for the building
frame. Concrete shall be 4000 psi. The building shall be supported
by a shallow footing foundation system.
B. We have included a 4" slab-on-grade with 6 x 6 10/10 wire mesh.
3.02 ARCHITECTURAL PRECAST
A. The Xxxxxxx team has included architectural precast concrete panels
for the exterior skin of the proposed building. The panels will have
returns at the curtainwall and punched window openings.
B. The proposal included 6" thick panels with 3/4" deep reveals. The
face mix will provide a color to compliment the Heathrow site.
4.00 MASONRY (N.I.C.)
5.00 METALS
5.01 MISCELLANEOUS IRON
A. Miscellaneous iron supports necessary for toilet partitions, precast
panels etc. have been included in this proposal.
B. Decorative handrails have been included at the second floor balcony
as well as at the exterior balconies.
-3-
EXHIBIT D
---------
6.00 WOOD AND PLASTICS
6.01 CARPENTRY
Carpentry Materials: All carpentry materials included are appropriate for
the application within industry guidelines and common Class "A" office
criteria.
6.02 ARCHITECTURAL WOODWORK
A. General Woodwork Requirements:
1. General Standard Comply with applicable Architectural Woodwork
Quality Standards" by AWI. "Premium Xxxxx".
0. Interior Woodwork:
a. Comply with AWI 300, 600, 700 and 800 series standards, as
applicable to standing and running trim, shelving,
ornamental and miscellaneous items.
b. Backprime woodwork which is to be painted, on surfaces
concealed after installation, with oil-base wood primer
paint.
3. The Xxxxxxx team has included granite vanity tops at each men's
and women's public restroom.
4. Hardware; Cabinet and Miscellaneous: Provide hardware as
required for architectural woodwork.
7.00 THERMAL AND MOISTURE PROTECTION
7.01 WATERPROOFING AND DAMPROOFING
A. Damproofing and Moisture Barriers:
The proposal contains a water repellant coating applied to the
architectural precast.
7.02 THERMAL INSULATION
A. General Building Insulation:
1. Extruded Polystyrene Insulation Board: Provide Styrofoam or
equal.
-4-
EXHIBIT D
---------
2. Mineral Fiber Insulation Blanket: 1.5 lb. minimum density, R11
minimum, flexible blanket or semi-rigid sheet.
a) Tape joints, ruptures and thermal edges of vapor-barrier
faces with adhesive vapor-barrier type, to form a
completed sealed vapor barrier.
3. Building insulation to be provided to meet requirements of the
1991 Florida energy code.
B. Roof Insulation:
1. An average R value of 20 will be provided which will be
achieved with light weight insulating concrete.
7.03 ROOFING
A. Built-Up Roofing System:
1. Guarantee: Manufacturers standard 10-year guarantee of water
tightness.
2. A 4 ply Build-Up roof has been included in the proposal.
Applied per manufacturer recommendations to comply with local
codes and wind uplift requirements to include:
a) Flashing: Metal flashing as provided by roofing
manufacturer.
b) R-20 insulating light weight concrete.
B. Metal Roofing
1. A standing seam metal roof has been included at the rotunda.
8.00 DOORS, WINDOWS AND GLASS
8.02 ALUMINUM WINDOW WALL
A. The Xxxxxxx team has provided a punched window and curtainwall
system with a 2-coat (non-XL) paint finish. The system is composed
of 1/4" tinted, reflective glass at all glazing systems with 1/4"
spandrel glass, as required.
B. The glazing and installation of the window wall system will be
completed in accordance with the standard building codes.
-5-
EXHIBIT D
---------
8.03 HOLLOW METAL WORK
A. Standards: Comply with the requirements of Steel Door Institute
"Recommended Specification for Standard Steel Doors and Frames"
(SDI-1000).
B. Manufacturer: A recognized producer of hollow metal work complying
with the requirements probable manufacturers include CERCO Corp.,
Republic Steel and Steelcraft.
C. Fire-Rated Assemblies: Units that display appropriate UL or FM
labels for fire-rating indicated.
D. Hollow metal units will be prepared to receive mortised and
concealed finish hardware, including cutouts, reinforcing, drilling
and tapping, complying with ANSI A 115 "Specifications for Door and
Frame Preparation for Hardware".
E. Shop paint exposed surfaces to hollow metal units, including
galvanized surfaces, using manufacturer's standard baked-on rust
inhibitive primer.
F. Doors: Provide 18 gauge, flush type 1-3/4" doors.
G. Frames:
1) Provide hollow metal frames for doors, transoms, sidelights,
borrowed lights, and other openings as indicated.
2) Prepare frames to receive 2 silencers on strike jambs of
single-swing frames and on heads of double-swing frames.
3) Interior door frames shall be 18 gauge hollow metal with
corners welded, mitered and ground smooth.
4) Exterior door frames shall be hollow metal, 16 gauge welded,
mitered and ground smooth.
8.04 WOOD DOORS
A. The Xxxxxxx team has included plain sliced, red oak 5-ply wood doors
and associated hardware for the project as follows:
-6-
EXHIBIT D
---------
8.05 ENTRANCE DOORS
A. Standards: "Entrance Manual" by NAAMM and other standards and
recommendation by NAAMM, AAMA, AA and NBHA apply to the work, except
as otherwise indicated.
B. The lobby entry will be provided with entrance doors.
8.06 BUILDERS HARDWARE
General Hardware Requirements
A. The tenant doors will be furnished with latch sets only.
B. Finished Hardware:
Provide closers, kick and push plates where required by code.
9.00 FINISHES
9.01 GYPSUM DRYWALL
A. Interior Partitions: Minimum 5/8" drywall both sides on metal studs.
Partitions shall extend from floor to finish ceiling except fire
rated assemblies which shall extend to underside of roof. Partitions
on all sides of public restrooms shall extend to underside of
ceiling above.
B. Sound attenuation blankets: Semi-rigid mineral fiber without
membrane.
C. All drywall on the tenant floors will be finished ready for paint.
Painting of tenant floor drywall will be performed under tenant
buildout.
9.02 ACOUSTICAL CEILINGS
A. Acoustical ceiling grid and tile will be considered in base
building.
B. Materials
1) Lay-in Acoustical Panels: Ceilings shall be 24" x 24" lay in
mineral fiber tile, regular edge, "Cirrus" on exposed regressed
tee suspension system as manufactured by Xxxxxxxxx or approved
equal.
-7-
EXHIBIT D
---------
2) Provide one layer of three pound density batt type insulation,
2' each side of partitions.
3) Clear Ceiling Height: 9'-0" A.F.F. (concrete).
4) Suspension System: As required to support acoustical units,
fixtures and other components.
9.03 TILE WORK
A. Ceramic tile is to be installed at all wet walls (full height) and
floors in public restrooms.
B. A segmented granite floor is to be installed at entrance lobby.
9.04 RESILIENT FLOORING (To Be Provided In Tenant Buildout)
A. The building shall have 12" x 12" VCT tile equal to Xxxxxxxxx
Stonetex. The VCT tile was included at paper storage, lunch/vending,
loading area, storage & trash areas.
B. Rubber Base shall be 2 1/2" high, 1/8" gauge, equal to Xxxxx rubber
base.
9.05 PAINTING
A. Painting and finishing of interior and exterior items and surfaces.
1. All exposed surfaces are to be painted. A total dry film
thickness of not less than 2.5 mil. for the entire coating
system of prime and finish coat for 2-coat work will be
provided.
2. Walls to be painted are to receive a flat latex finish coating
system.
3. Trim to be painted is to receive a semigloss finish.
4. Floor sealer shall be applied to mechanical rooms.
9.07 CARPETING (To be provided in tenant buildout)
A. Carpet has been included in the first floor exit corridors.
10.00 SPECIALTIES
-8-
EXHIBIT D
---------
10.01 LAMINATED PLASTIC TOILET PARTITIONS
A. Toilet partitions shall be laminated plastic ceiling hung-type by
Mid-South Manufacturing Company or equal.
B. Hardware and Accessories: Manufacturer's standard, heavy duty
operating hardware and accessories, not-ferrous cast alloy with
chrome finish.
C. The toilet partitions are to be installed with toilet accessories at
all restrooms.
10.02 TOILET ACCESSORIES
A. Manufacturer: Provide toilet accessories as manufactured by Bobrick
Corporation.
B. Materials: Furnish units fabricated of materials and finished as
follows:
1. Stainless Steel, AISI Type 302/304.
C. Accessory Schedule:
1. For each lavatory-undercounter soap dispenser.
2. In each toilet stall - dual toilet tissue dispenser.
3. In each women's toilet - recessed mounted feminine napkin
disposal.
4. In each women's restroom - recessed feminine napkin-tampon
dispenser.
5. Above each lavatory counter - 3/8" polished plate glass full
length wall mounted mirror.
6. In each public restroom - combination towel dispense and waster
receptacle.
10.04 FIRE EXTINGUISHER CABINETS
A. Cabinets: Fire extinguisher cabinets as required by local fire
department regulations.
10.05 IDENTIFYING DEVICES
A. Site Signage: Monument sign at site entry. Site directional signage
as required to insure proper traffic distribution.
-9-
EXHIBIT D
---------
B. Building Signage: Lobby Directory.
C. Identifying devices will be provided under the tenant buildout.
11.00 EQUIPMENT
11.01 LOADING DOCK EQUIPMENT
A. Scissor Lift: Manufacturer's standard units.
1. A on-grade scissor lift has been provided for a means to
load/unload delivery trucks.
12.00 FURNISHING
12.01 WINDOW TREATMENTS
A. Horizontal Blinds:
1. Manufacturer's standard vertical lifting and horizontal tilting
unit, Provide 1" narrow slats.
2. Blinds to be Levelor or equal.
B. Blinds to be installed at all tenant windows.
14.00 CONVEYING SYSTEMS
14.01 PASSENGER ELEVATORS
A. General: Two (2) 3,500 lb. capacity hydraulic passenger elevators,
equal to a Dover Seville 35, shall be provided.
B. Included are the following features for the passenger elevators:
a. Speed: 125 FPM
b. Car Platform: 7'-0" x 6'3"
c. Door Size: 3'-6" x 7'-0" (center opening)
d. Hoistway Entrance: Baked enamel
-10-
EXHIBIT D
---------
C. Signals:
a. Car Position indicator in car (2)
b. Corridor car direction indicator with gon hall lantern each
door.
c. Car call registered lights.
d. Corridor call registered lights (2) risers.
e. Two operator swing front return panels inside each car.
f. Alarm button in each car.
g. Emergency stop switch in each car.
h. Locked panel for independent operation.
14.02 SERVICE ELEVATOR
A. General: Service elevator to open to a service vestible shielded
from main circulation. One (1) 4,500 lb. capacity hydraulic service
elevator, equal to a Dover Continental 45, to be provided.
B. Included are the following features for the service elevator:
a. Speed: 125 FPM
b. Car Platform: 6'-0" x 8'-9"
c. Door Size: 4'-0" x 7'-0" (2 speed/side opening)
d. Hoistway Entrance: Baked enamel
C. Elevator Car:
1. Code: The elevator car shall be in strict conformity with the
regulation of the ANSI Code and shall have Fire Safety
Controls.
2. Applied Panels: Removable wall panels.
3. Floor: Bolted aluminum diamond-plate floor.
15.00 MECHANICAL
15.01 MECHANICAL GENERAL
A. Regulations and Requirements:
1. All work will comply with all applicable local, state and
federal regulations.
-11-
EXHIBIT D
---------
2. Work shall comply with the appropriate requirements of the
following standards: ASHRAE, NEC (NFPA 70), Life Safety (NFPA
101), handicapped Code (ANSI A1171), Installation of Air
Conditioning & Ventilating Systems (NFPA 90A) and 1985 Edition
of the SMACNA HVAC Duct Construction Standards and the 1982
Edition of the SMACNA Testing, Adjusting and Balancing of HVAC
Systems.
3. All work shall comply with the building codes, mechanical
codes, and plumbing codes currently in effect, as well as with
local amendments to and interpretation of these codes.
15.02 HVAC
A. Mechanical System Requirements
1. The mechanical system shall meet and comply with all applicable
codes and standards.
a. Included in the proposal is an air-cooled water chilled
HVAC system for the project. The two (2) 150 ton air-
cooled water chillers will be located on the roof. The
system includes building shell air distribution through
main trunk line feed as well as perimeter slot diffusers.
2. Heating, Ventilating and Air Conditioning Systems
* Two (2) 150 ton air cooled chillers located on the roof.
* Two (2) chilled water pumps.
* Chilled water distribution piping to air handlers.
* One (1) air handler per floor and one (1) 100% outside air
handler in penthouse.
* Galvanized duct system for supply air toilet exhaust,
outside air, and atrium exhaust.
* Two (2) atrium exhaust fans with roof curbs.
* Two (2) toilet exhaust fans with roof curbs.
* Air distribution in core area only.
----
* Direct digital control system with pneumatic operators.
* Water treatment of closed chilled water loop.
* Two (2) outside air intake louvers.
* Storm drainage system for building consisting of 6 roof
drains, 6 vertical rain leaders to 5'-0" outside of
building.
* Typical core restrooms on four floors.
-12-
EXHIBIT D
---------
a. The system shall provide separate control zones for every
1200-1500 square feet (approximate average size; some
zones will be smaller). Exterior zones shall be capable of
providing heating.
b. All ductwork will be constructed of sheetmetal per SMACNA
standards and shall be insulated.
B. Testing & Balancing
1. An independent test and balance agency will perform a complete
test, balance and adjustment of the new and existing HVAC
systems. Test and balance company shall be AABC accredited or
NEB.
2. A complete test and balance report shall be submitted to the
tenant's representative to review.
3. Test and balance will have a one (1) year warranty.
C. The following HVAC equipment and equipment shall be furnished,
fabricated and installed in compliance with the standard building
codes.
a. Ductwork
b. Duct Insulation
c. Air Distribution Devices (P.I.U. and V.A.V. Boxes)
d. HVAC Piping
e. Pipe Insulation
D. In general, the system shall be installed complete through the
terminus of VAV boxes within the base building, with run-outs to be
provided under tenant buildout.
15.03 PLUMBING
A. Piping
1. Complete systems of cold and hot water piping and accessories
so that all fixtures and water-using equipment in the building
will be furnished with a water supply.
2. All domestic water piping shall be type "L" hard drawn copper.
Fittings shall be wrought, with 95/5 non-lead-bearing solder
joints.
-13-
EXHIBIT D
---------
3. All sanitary and vent piping above grade shall be hubless cast
iron with joints of neoprene sleeves and stainless steel cover
and bands, or type DWV copper with 95/5 non-lead bearing solder
joints.
4. All sanitary and vent piping below grade shall be DWV PVC with
solvent weld joints.
B. Piping Insulation
1. Domestic Water Piping Insulation: After the system has been
tested and accepted, all new hot piping whether in wall chases
or above the ceiling (except piping run exposed to fixtures)
shall be insulated with glass fiber preformed pipe insulation.
2. Horizontal roof drain piping shall be insulated with 1 1/2"
blanket fiberglass insulation.
C. Tests and Inspections
1. All piping shall be tested in accordance with the standard
building codes.
D. Plumbing Fixtures
1. All fixture colors shall be white.
2. Acceptable Manufacturers: Plumbing fixtures by American
Standard, Kohler, Crane or Eijer. Fixture carriers by Ancon,
Josam, Smith, Xxxx or Xxxx. Fixture supplies and tailpieces and
p-traps by XxXxxxx or Brasscraft. Flush valves by Xxxxx or
Xxxx.
15.04 FIRE PROTECTION
A. System Requirements
1. Sprinkler Systems shall comply with requirements of the
Standard Codes and NFPA 13, including all local amendments and
interpretations.
2. General office areas be sprinklered in accordance with NFPA 13
requirements for Light Hazard Occupancies in office areas and
Ordinary Hazard Group 2 Occupancies for storage areas. Heads
shall be turned up in general office areas.
3. A 50 hp electric fire pump has been included.
-14-
EXHIBIT D
---------
B. Design Requirements
1. Sprinkler contractor shall perform water flow test to determine
adequate water flow for hydraulically sizing fire lines.
2. All piping is to be hydraulically sized for the available water
supply based on sprinkler demands.
C. All materials and installation shall be in compliance with the
standard building codes.
16.0 ELECTRICAL
Xxxxxxx proposes to provide material and labor for the electrical
installation as required by the design criteria. All work shall comply with
applicable electrical codes per NFPA 70. (National Electrical Code) and local
electrical inspection authorities within the guidelines of the Florida Statutes
(Chapter 471) and the Florida Administrative Code (Chapter 21-H).
SCOPE OF WORK:
The work covered by this Division consists of providing all equipment,
material and labors required for a complete installation of the Electrical Work
inclusive of, but not limited to, the following items:
16010 Basic Electrical Requirements
16050 Basic Electrical Materials and Methods
16100 Raceways, Boxes and Enclosures
16120 Wires and Cables
16143 Wiring Devices
16170 Circuit and Motor Disconnects
16190 Supporting Devices
16195 Electrical Identification
16420 Service Entrance
16450 Transformers
16470 Panelboards
16478 Surge Protection
16481 Motor Controllers
16500 Lighting Fixtures
16670 Lightning Protection System
16721 Fire Alarm System
16760 Telecommunications System
-15-
EXHIBIT D
---------
BASIC ELECTRICAL REQUIREMENTS
1. Submittals will be provided for all major equipment and materials to
ensure compliance with specifications.
2. Electrical installation to be coordinated with respect to other
trades.
3. Electrical permit and inspection costs will be provided for the
County of Seminole.
4. Project clean-up of electrical debris resulting from Division 16
installation as required to a designated on-site location.
5. Coordination with Florida Power Corporation for project service
requirements.
6. Maintenance manuals (2) will be provided for manufactured systems at
time of project completion.
7. One (1) year warranty for labor and materials thirty (30) days
warranty for lamps.
BASIC ELECTRICAL MATERIALS AND METHODS
1. All work to be performed in a neat and professional manner in
compliance with the project specifications.
2. Conduit penetrations through fire rated walls and partitions to be
sealed with 3M #CP 25 caulk or similar method acceptable to local
jurisdiction having authority.
3. Standard electrical commodity items such as outlet and junction
boxes, pull boxes, conduit, devices, etc. will be provided by
various manufacturers as needed based upon availability and demand
at the time of order placement. All materials provided to this
project will be U.L. listed and furnished to specification
requirements.
RACEWAYS, BOXES AND ENCLOSURES
1. EMT to be 1/2" minimum with die-cast, set-screw type fittings.
2. PVC conduit to be 3/4" minimum schedule 40 installed below grade in
concrete slabs. Maximum size conduit to be installed in the slab to
be limited to 1" trade size. Schedule 80 PVC to be installed in
exposed locations where subject to damage and outdoor locations
where exposed to weather conditions.
3. RMC conduit to be provided for installation to the fuel tanks per
NEC requirements.
4. Flexible metallic conduit to be provided as 3/8" trade size for
termination to lighting fixtures and 1/2" minimum for equipment
connections. Liquid tight flexible metallic conduit will be provided
for wet locations.
5. ENT, electrical nonmetallic tubing, will be provided for
installation in the Office Building for branch power and lighting
circuits.
6. Sheet metal enclosures will be provided as required or necessary.
-16-
EXHIBIT D
---------
WIRES AND CABLES
1. All services and feeder circuits 100 amps and greater to be provided
as aluminum conductors sized #1 AWG and larger in compliance with
the Florida Electrical Code, Notice "K". All other circuit wiring to
be provided as 98% copper.
2. Conductor insulation to be THHN/THWN rated at 600 volt.
CIRCUIT AND MOTOR DISCONNECTS
1. Disconnect switches to be provided as General Duty, not-fused type
with voltage ratings and NEMA classification as required to serve
the equipment load.
2. Fusible disconnects will be provided as Heavy Duty type with RK5
rejection type fusing.
SUPPORTING DEVICES
1. Electrical items to be supported from the building structure in
compliance with NEC requirements for a secure installation by
utilizing power actuated supporting devices, expansion anchors,
straps and/or other devices specifically designed for the task.
2. The wrap support to be used for loose cable.
3. Support for installation of raceways under accessible floor panels
to be provided by the flooring contractor or others.
ELECTRICAL IDENTIFICATION
1. Feeder circuits will be identified at the source and termination
points by self-adhesive marking tape.
2. Engraved, plastic laminated labels will be provided for
switchboards, equipment panels, control panels, disconnect switches,
contactors, transformers, etc.
3. Systems outlet boxes installed in accessible areas will be color
coded by use of permanent markers or spray paint.
4. Informational/Caution signs for entries into electrical equipment
rooms.
5. Line marker to be installed for underground service conduit
installations.
SERVICE ENTRANCE
1. Main distribution to be 2,500 A, 480/277v, 3 phase, 4W.
2. All bussing to be 98% copper.
-17-
EXHIBIT D
---------
TRANSFORMERS
1. Transformers will be provided at standard manufacturers ratings for
rate of rise and top configurations. No special conditions have been
applied to these units such as shielding or "K" factor ratings.
2. Where possible, all primary and secondary conduit terminations will
be stubbed up into the bottom of the transformer rather than
flexible connections on the outside of the enclosure.
PANEL BOARDS
1. All 208v panelboards to be based on 225 A fully bussed 42 circuit
panels.
2. All 480v panelboards shown as serving transformers for 208v loads
are to be provided as 400 A fully bussed 42 circuit panels. Standard
KAIC ratings will be provided at 42KAIC for 480 volt and 10KAIC for
208 volt panels pending confirmation from the local Utility.
SURGE PROTECTION
1. Transient Voltage Surge Suppression (TVSS) will be provided for each
main service over current protective device.
MOTOR CONTROLLERS
1. All motor starters, variable frequency drives and other controlling
devices that may be required for equipment being provided by others
will be furnished and installed by the respective trade contractor.
LIGHTING FIXTURES
1. Parabolic 2 x 4 fixtures at the rate of (1) per 80 SF.
2. Exit lighting provided as required for safe egress and base of 10%
of the total building fixtures to be provided with emergency
ballasts.
3. Strip lighting provide for closet and mechanical areas.
4. Fixtures for tenant areas to be job pallotized and placed on floor
for future installation by others.
5. All fixtures to be considered as pre-lamped and pre-whipped with
energy saving ballasts and type T-8 lamps.
SITE LIGHTING
1. Average maintained illumination level of one (1) foot candle for
site area.
-18-
EXHIBIT D
---------
PACKAGED ENGINE GENERATOR SYSTEM
1. One (1) 100 kw Emergency Generator unit.
2. Provide weatherproof enclosure.
3. Remote annunciator provided with monitor located in the area of the
main lobby.
4. Provide critical silencer.
5. Genset mounted control panel.
6. Genset mounted main disconnect circuit breaker.
7. 200 gallon double wall skid base mounted fuel tank provided.
8. Pending Utility verification, all interrupt ratings to be based upon
standard 42KAIC for 480 volt equipment.
LIGHTNING PROTECTION SYSTEM
1. Lightning Protection System per NFPA78 and UL96A for a Master Label
system.
FIRE ALARM SYSTEM
1. Provide fire alarm system for a four story shell building per
federal ADA, NFPA 72 and local requirements with provisions for
future tenant occupancy.
2. Contacts provided for outside monitoring services provided by
others.
TELECOMMUNICATIONS SYSTEM
1. An empty raceway system to plenum areas will be provided for
Telephone and Communications systems. All systems components,
devices, cabling and terminations to be furnished and installed by
others.
-19-
EXHIBIT E
---------
CONSTRUCTION MILESTONE DATES
----------------------------
The following dates are those Construction Milestone Dates referred to in (S)9
of the Lease, with respect to the preparation, submission and approval of the
preliminary specifications and the Final Plans:
. Tenant's delivery to Landlord of its preliminary requirements for the
Improvements - thirty days from date of lease execution.
. Tenant's approval of the preliminary specifications and floor plans -
April 1, 1996. (assumes Landlord's delivery of the same to Tenant by
March 18, 1996).
. Tenant's approval of the Final Plans for Improvements - May 3, 1996.
(assumes Landlord's delivery of the same to Tenant on or before April
19, 1996).
. Tenant's selection and approval of all interior finishes (carpets,
wallcoverings, etc.) - May 3, 1996.
Initialed and Approved by Tenant:
/s/ CRG 2/12/96
--------------------------------------------
EXHIBIT F
---------
FORM OF SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT
--------------------------------------------------------------
Initialed and Approved by Tenant:
--------------------------------------------
EXHIBIT F
---------
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT
THIS AGREEMENT is made as of this _____day of _______________, 1996,
between _________________________ ("Tenant"); and FIRST UNION NATIONAL BANK OF
NORTH CAROLINA, a national banking association ("Lender").
W I T N E S S E T H:
--------------------
WHEREAS, Tenant is the lessee under the lease (the "Lease") dated as of
_________________, as amended, covering approximately _____________ square feet
of space located in________________________________________________________ (the
"Demised Premises") and more particularly described in the Lease; and
WHEREAS, Lender has made or will make a loan to
_____________________________________________________________, a North Carolina
__________________________, the owner of said _________________________
("Landlord"), in the principal amount of up to $_______________ (the "Loan"), as
evidenced by notes in said principal amount (the "Note") and secured by a Deed
of Trust and Security Agreement and an Assignment of Rents, Leases and Profits
on the premises described on Exhibit A attached hereto and incorporated herein
---------
by reference (the "Property") (collectively, the "Security Documents"); and
WHEREAS, Lender is willing to agree that Tenant's possession of the Demised
Premises shall not be disturbed as a result of a foreclosure of the Security
Documents or a transfer in lieu of foreclosure, so long as Tenant is not in
default under the Lease and provided Tenant subordinates the Lease to the lien
of the Security Documents and attorn to the purchaser at the foreclosure and
recognizes said purchaser or transferee as lessor under the Lease.
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Lender and Tenant do hereby mutually covenant and
agree as follows:
3. SUBORDINATION. Tenant hereby subordinates the Lease, all extensions,
-------------
modifications and renewals thereof, and all Tenant's rights and interests
thereunder, to the Security Documents and the Lien thereof, and to all
modifications, renewals and extensions of same, to the extent of all advances
heretofore or hereafter made to Landlord secured by the Security Documents.
4. NON-DISTURBANCE AND ATTORNMENT. Provided Tenant complies with the
------------------------------
Agreement and is not in default (beyond any period of time given Tenant to cure)
as of the date Lender commences foreclosure proceedings or accepts a deed in
lieu of foreclosure, or at time thereafter, then no default under the Security
Documents, as modified, extended, increased, spread or consolidated and no
proceeding to foreclose the same or other acquisition of the Demised Premises
(whether the deed in lieu of foreclosure or otherwise) by Lender or other third
party will disturb Tenant's possession. Any purchaser at foreclosure and their
successors and Lender will recognize the Lease in it's entirety, including,
without limitation, all of Tenant's purchase and renewal options hereunder.
Notwithstanding any such foreclosure or other acquisition of the Demised
Premises (whether by deed in lieu of foreclosure or otherwise) by Lender or any
third party, Tenant shall attorn to Lender or such third party, and the Lease
will be recognized as a direct lease from Lender or any other party acquiring
the Demised Premises upon the foreclosure sale or other such acquisition, except
that Lender, or any subsequent owner, shall not (a) be liable for any previous
act or omission of Landlord under the Lease, (b) be subject to any offset, claim
or defense which shall have accrued against Landlord, (c) have any obligation
with respect to any security deposited under the Lease unless such security has
been physically delivered to Lender, or (d) be bound by any previous
modification of the Lease or by any previous prepayment of rent for a period
greater than one (1) month In advance of its due date under the Lease, unless
such modification or prepayment shall have been expressly approved in writing by
Lender. Lender hereby expressly recognizes and agrees to be bound by all
renewal and purchase options contained in the Lease.
5. FURTHER ASSURANCES. Tenant will, upon request by Lender or any
------------------
subsequent owner, execute a written agreement in the form of this Agreement in
which Tenant will attorn to Lender or any such subsequent owner and will affirm
Tenant's obligations under the Lease and agree to pay all rentals and charges
then due or to become due as they become due to Lender or such subsequent owner;
provided that such subsequent owner recognizes Tenant's interest under the Lease
and agrees not to disturb Tenant's possession of the Demised Premises.
6. NOTICES TO LANDLORD. From and after the date hereof, Tenant shall
-------------------
send to Lender a copy of any notice or statement of default under the Lease or
of intent to assign or sublet any portion of the Demised Premises at the same
time such notice or statement is sent to Landlord under the Lease.
7. TERMINATION OF LEASE. Tenant will not terminate, nor seek to
--------------------
terminate the Lease by reason of a default under the Lease, or exercise any
right under the Lease to make deductions from or reduction in rental payments,
until Tenant shall have given written notice of such default to Lender as
hereinafter provided. Tenant will allow Lender thirty (30) days from its
receipt of said notice within which Lender shall have the right, but shall not
be obligated, to remedy such act, omission or other default and Tenant will
accept such performance by Lender; provided, however, if the act, omission or
-------- -------
other default cannot with due diligence be remedied within such thirty (30) day
period, then lender shall have a reasonable time in which to remedy the same
provided Lender proceeds with due diligence to complete the remedy thereof.
Notwithstanding the foregoing, Tenant shall have the right without prior
notice to Lender to make repairs if Tenant determines in good faith that a bona
fide emergency precludes the giving of such notice. In the event of such an
emergency, Tenant may present to Landlord a demand for reimbursement to the
extent permitted under the Lease, but Tenant will not make deductions from or
reductions in rental to recoup such expenses until Tenant shall give Lender
notice of such repairs and such demand and a thirty (30)day period to cause such
reimbursement to be made.
-2-
8. NO IMPAIRMENT OF SECURITY DOCUMENTS. Nothing contained in this
-----------------------------------
Agreement shall in any way impair or affect the lien created by the Security
Documents, except as specifically set forth herein.
9. WAIVERS TO BE IN WRITING. No modification, amendment, waiver or
------------------------
release of any provision of this Agreement or of any right, obligation, claim or
cause of action arising hereunder shall be valid or binding for any purpose
whatsoever, unless in writing and duly executed by the party against whom the
same is sought to be asserted.
10. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of
----------------------
the parties hereto, their successors and assigns; provided; however, that in the
event of the assignment or transfer of the Interest of Lender, all obligations
and liabilities of Lender under this Agreement shall terminate, and thereupon
all such obligations and liabilities shall be the responsibility of the party to
whom Lender's interest is assigned or transferred.
11. NOTICE. Notice to Lender under the Lease or this Agreement shall be
------
sent to Lender at the following address, or such other address as Lender shall
designate to the Tenant in writing:
First Union National Bank of North Carolina
000 Xxxxx Xxxxx Xxxxxx
Xxxxxxxxx, Xxxxx Xxxxxxxx 00000-0000
Attention:__________________________
12. GOVERNING LAW. This Agreement shall for all purposes be governed by
-------------
and construed in accordance with the laws of the State of North Carolina.
13. WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH
--------------------
OF THE UNDERSIGNED HEREBY IRREVOCABLY WAIVES ITS RIGHTS TO A JURY TRIAL, WITH
RESPECT TO ANY ACTION, CLAIM OR OTHER PROCEEDING, ARISING OUT OF ANY DISPUTE IN
CONNECTION WITH THIS AGREEMENT, ANY RIGHTS OR OBLIGATIONS HEREUNDER, OR THE
PERFORMANCE OF SUCH RIGHTS AND OBLIGATIONS. THIS WAIVER IS A MATERIAL
INDUCEMENT TO LENDER IN AGREEING TO THE TERMS OF THIS AGREEMENT.
-3-
IN WITNESS WHEREOF, Tenant and Lender have respectively signed and sealed
this Agreement of the day and year first above written.
TENANT:
Attest:
-----------------------------------------
By:
---------------------------------- --------------------------------------
Secretary Title:
-----------------------------------
LENDER:
ATTEST: FIRST UNION NATIONAL BANK OF
NORTH CAROLINA
By:
---------------------------------- --------------------------------------
Secretary Title:
-----------------------------------
-4-
STATE OF ____________________________
COUNTY OF____________________________
This _____ day of _____________, 1995 personally came before me
______________________, who, being by me duly sworn, says that he is
_____________________ of _______________________, that the seal affixed to the
foregoing instrument in writing is the corporate seal of said Corporation, that
said writing was signed and sealed by him in behalf of said Corporation, by its
authority duly given, and that he or she acknowledged said writing to be the act
and deed of said Corporation.
----------------------------------
NOTARY PUBLIC
My commission expires:____________
STATE OF ____________________________
COUNTY OF____________________________
This _____ day of ________________, personally came before me
______________________, who, being by me duly sworn, says that he is
_____________________ of FIRST UNION NATIONAL BANK OF NORTH CAROLINA and that
the seal affixed to the foregoing instrument in writing is the seal of said bank
and said writing was signed and sealed by him in behalf of said bank by its
authority duly given, and that he or she acknowledged the said writing to be the
act and deed of said bank.
WITNESS my hand and notarial seal.
----------------------------------
NOTARY PUBLIC
My commission expires:____________
-5-
EXHIBIT G
---------
AGENCY DISCLOSURE STATEMENT
---------------------------
The following are the only real estate agents and brokers involved in the
leasing transition between Landlord and Tenant:
Xxxxxxx Realty Inc. - Representative of Landlord
Commission to be paid by Landlord.
Commercial First Properties - Representative of Tenant
Commission to be paid by Landlord
Initiated and Approved by Tenant:
/s/ CRG 2/12/96
--------------------------------
EXHIBIT H
---------
RADON NOTICE
------------
Notification pursuant to Florida statute 404.056(8):
RADON GAS: "Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks
to persons who are exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county
public health unit."
Initiated and Approved by Tenant:
/s/ CRG 2/12/96
--------------------------------
EXHIBIT I
---------
SIGNAGE SPECIFICATIONS
----------------------
To be developed by parties as part of development of preliminary
specifications for Tenant's Improvements to Leased Premises.
Initiated and Approved by Tenant:
/s/ CRG 2/12/96
--------------------------------
EXHIBIT J
---------
ARTICLE B
---------
XXXXXXX CLEANING SPECIFICATIONS FOR JANITORIAL SERVICE
WORK TO BE PERFORMED DAILY
--------------------------
1. Common Corridor Area
(a) Spot clean smudges, marks, etc. from vinyl wall covers
(b) Clean, disinfect and polish all drinking fountains
(c) Wipe down with a damp cloth all elevator doors
(d) Empty, clean and polish all ashtrays.
(e) Vacuum carpets
(f) Hand spot clean carpet as needed.
(g) Clean cove base
(h) Wipe down all handrails, ledges, etc.
2. Elevators
(a) Vacuum carpets
(b) Clean and polish (if needed) all Inside surfaces including cab
ceilings
(c) Clean all door tracks
(d) Clear debris from all phone boxes
3. Restrooms
(a) Clean and polish all metal surfaces
(b) Clean and polish all mirrors
(c) Empty and clean all trash containers
(d) Clean and disinfect all sinks, commodes and urinals
(e) Empty and disinfect all sanitary napkin waste containers
(f) Mop and clean floors with germicidal solution
(g) Wipe down toilet partitions
(h) Clean and fill soap dispensers
(i) Fill all paper towel and tissue dispenses
4. Tenant Office Space
(a) Dust window ledges
(b) Remove all trash
-1-
(c) Replace plastic trash liners as needed
(d) Dust all furniture
(e) Vacuum carpet
(f) Clean all glass tops
(g) Clean and disinfect telephone receiver
(h) Spot clean carpets
(i) Spot clean doors
(j) Spot clean all vinyl covers and around light switches
(k) Clean all light lenses as needed
(l) Turn off all lights and lock corridor door when finished.
5. Stairwells
(a) Pick up trash and debris
(b) Sweep and damp mop as needed
6. Main Lobby
(a) Sweep and damp mop granite
(b) Clean and polish all metal surfaces
(c) Empty and clean all ashtrays
(d) Clean and empty all trash receptacles
(e) Clean glass doors and surround areas to remove streaks and
fingerprints
(f) Clean all granite walls as needed
(g) Clean directory boards and glass
(h) Clean all wall bases
(i) Clean and polish telephone alcoves and restroom doors
WORK TO BE PERFORMED MONTHLY
----------------------------
1. Dust all window blinds
2. High dusting to Include:
(a) Door frames
(b) Pictures
(c) Art objects
(d) Tenant suite signs
3. Strip, clean and rewax restroom floors
4. Clean high glass store of office fronts
5. Flush restroom drains with disinfectant
-2-
WORK TO BE PERFORMED QUARTERLY
------------------------------
1. Clean and polish all common area cove bases
2. Vacuum and spot clean all upholstered office furniture
3. Shampoo all corridor carpeting
WORK TO BE PERFORMED SEMI-ANNUALLY
----------------------------------
1. Clean air supply vents
2. Clean lights lenses in common areas
-3-
EXHIBIT K
---------
ARCADA SOFTWARE INC.
--------------------
EXAMPLE OF BASE RENT ADJUSTMENT PER (S)9 OF THE LEASE IN EVENT ACTUAL
IMPROVEMENT COSTS IS MORE THAN (OR LESS THAN) TI ALLOWANCE OF $2,016,420 ($20
PRSF)
#I Assumption: Actual Ti Costs of $2,218,062 ($22.00 prsf)
Excess TI Costs = $201,642 ($2.00 prsf)
Increase to Annual Base Rent per (S)9 of the Lease:
$201,642 X 16.5% =
$33,270.93
Increase to Monthly Base Rent = $33,270.93 / 12 = $2,772.58
PRSF Base Rent Increase = $33,270.93 / 100,8211 = $.33 prsf
#2 Assumption: Actual TI Costs of $1,814,778 ($18.00 prsf)
Diminished TI Costs = $201,642 ($2.00 prsf)
Decrease to Annual Base Rent per (S)9 of the Lease:
$201,642 X 16.5% =
$33,270.93
Decrease to Monthly Base Rent = $33,270.93 / 12 = $2,772.58
PRSF Base Rent Decrease = $33,270.93 / 100,8211 = $.33 prsf
Initialed and Approved by Tenant
--------------------------------
EXHIBIT L
---------
[LOGO OF ARCADA SOFTWARE APPEARS HERE]
Arcada Software, Incorporated
Worldwide Facilities
Standard Construction Program
Heathrow Fitout Project
Arcada Manager, Worldwide
Facilities
Xxxxxxxx Xxxxxxxx, Xx. C.F.M.
000-000-0000
Arcada Facilities Design Consultant
Xxxxxxx Xxxxxxxx IBD
Xxxxxxx Xxxxxx Xxxxxxxx
0000 X. Xxxx Xxxxx Xxxxx 000
Xxxxxxxx, Xxxxx 00000
000-000-0000
Program Contents:
Pg.
---------------------------------------------------------
Partitions 2
---------------------------------------------------------
Heating, Venting, and Air Conditioning 3
---------------------------------------------------------
Diversity Factors 5
---------------------------------------------------------
Electrical 6
---------------------------------------------------------
Miscellaneous 7
---------------------------------------------------------
Architectural Engineering Plans 8
---------------------------------------------------------
Note:
-----
This Standard construction program is provided as an aide to the development and
construction of major construction related projects for Arcada Software, Inc.
In the event of a conflict of this documentation and any Landlords documentation
this Standard Construction Program shall prevail.
PARTITIONS:
--------------------------------------------------------------------------------
Demising Partition:
Shall be same as building standard specification (BSS).
Interior Partitions:
Same as BSS, except partitions for all offices shall be drywalled,
taped and bead the interior of all exterior walls, cores, demising
walls, and all columns, finished to receive paint or vinyl wall
covering. All demising walls are to be a minimum two layer - 5/8 inch
dry wall on 3-1/2 inch 25 gauge metal studs at 16 inches on center
from the floor slab to underside of the structure above, penetrated
only as necessary for building structural and mechanical systems.
Demising walls to be fire rated per applicable code. All demising
walls or other walls at the perimeter of the Demised Premises are to
be insulated and will have a minimum sound coefficient (STC) of 42.
In addition one (1) hour rated corridor walls shall be fully
insulated. All partitions having hang on furniture shall be reinforced
with sheetmetal backing inside of framing.
DOOR INTERIOR ASSEMBLY:
Tenant Entrance Doors:
Provide B5S glass entry doors with closures and locking hardware.
Other Tenant Entry Doors(S)
Same as (BSS), except add a stainless steel 12" high kick plate to the
open side of each door. Vision panels (4" X 24") starting at 4'-6"
AFF, will also be required each at double entry doors.
Frame: Same as BSS ADA approved.
Hardware: No change from BSS, except that electronic security
system (ESS) will be provided by Arcada qualified security
provider where shown on the developed design drawings. Type: EPS.
-2-
TENANT INTERIOR DOOR ASSEMBLY:
Door Assembly:
Same as BSS, except that closures are to be added to the equipment
room, lunch room, restroom and ESS equipped doors. All doors shall
have silencers and wall stops. All office doors shall have an office
coat hook as specified by Arcada.
Frame: Same as BSS
Hardware: Same except all doors to have locksets unless noted
otherwise.
Kickplate:
Install stainless steel 12" high kick plate to open side of the
equipment room and double entry warehouse access doors. Install clear
Plexi-glass kickplate to open side of Lunchroom, mailrooms, and copy
rooms.
CEILING SYSTEM:
Grid:
Ceiling grid: material and installation of 2' x 2' or 2' x 4' white
exposed metal 15/ 16" inch standard "T". Suspension shall meet all
applicable codes but shall be minimum of 12 gauge wire with maximum
spacing of 3' - O" on center.
Ceiling tile: material only of lay-in acoustical panels of white
tegular fine fissured travertone mineral board of a minimum 3/4 inch
thickness and the following minimum characteristics: sound
transmission coefficient (STC) of 35; noise reduction coefficient
(NRC) of 70; and noise solution class (NIC) of 17. Acceptable
manufactures are USG, Xxxxxxxxx, or equal. The Architect/Contractor
shall provide technical literature on the ceiling system for Arcada
project management approval.
FLUORESCENT LIGHT FIXTURES:
Lighting:
Lighting shall be installed in accordance with Tenant's Preliminary
Plans and Specifications (as shown in Exhibit ____). Light fixtures to
be 2 tube 2' x 2' and/or 3 tube 2' x 4 fluorescent fixtures with
energy saving electronic ballasts, or hybrid electromagnetic ballast
with T-8 or T-10 lams as required. Energy saving 40 watt lamps, lenses
are to be 3 inch deep 9 cell parabolic anodized semi-specular aluminum
louver's for 2' x 2' fixtures and 3 inch deep 18 cell parabolic
anodized semi-specular aluminum louvers for 2' x 4' fixtures. Housings
shall be code gauge steel troffer housing. Acceptable manufactures
Columbia, Daybrite, Lightolier or equal. All lighting circuits shall
be 277 volts and designed for 20% spare capacity.
The general fighting system shall be designed to a 50 Foot Candel (FC)
requirement unless noted otherwise.
-3-
All emergency lighting per local code requirements.
Provide dual switching in all offices, conference and lunch rooms.
All accent lighting to be specified by Arcada on architectural
reflected ceiling plan.
MOTION SENSORS:
Sensors:
Utilize Light-O-Matic ceiling mounted detectors Model #00-000 000
volt - One way sensor with # 13-011 switch pack. Motion sensors are to
be provided in open plan areas to control lighting. Consider the use
of lumen sensors and indirect lighting where appropriate.
PAINTING:
Paint:
Paint all selected surfaces in accordance with developed design
drawings. Application shall consist of one coat primer and two coats
finish. Paint shall be satin enamel finish, unless noted otherwise.
WALL SURFACE:
Wall surfaces are to be smooth finish. Textured wall will not be
acceptable.
Carpet and Base:
Install in accordance to the developed design drawings finish plans
(red line set).
Wall Coverings:
Install in accordance to the developed design drawings finish plans
(red line set). Apply seal coat to walls before applying adhesive and
material covering.
Window coverings:
Provide LEVELOR "Pinlight" Color: #8038 WHITE to storefront windows
and doors and all frontage glass.
HEATING, VENTILATION AND AIR CONDITIONING:
--------------------------------------------------------------------------------
SYSTEM:
All air conditioning to be provided by BSS roof top mounted package
systems. The main building system shall be capable of providing a
minimum of the following:
Main HVAC system complete and fully operational to accommodate
Tenant"s specific requirements as indicated on the layout plans and
specifications (as shown in Exhibit __) as well as the heat load
attendant to the electrical capability described in subparagraph __
hereof. This system includes, but is not limited to, mechanical plant
for chilled water
-4-
and hot water as required, energy management system (acceptable
manufacturer: Honeywell, Novar or equal), supply and return fans,
supply and return ductwork, diffusers, and any necessary heat pumps
and / or VAV boxes (dependent on distribution system selected),
attendant piping and wiring, thermostats and sensors. The HVAC system
shall meet or exceed the following design parameters:
Outside Air - 20 CFM per person with a minimum of 10% fresh
outside air being brought into the air handling
unit.
Temperature - Summer 74 degrees FDB plus or minus 2 degrees.
& Humidity FDB and relative 50% maximum ASHRAE standards.
- Winter 72 degrees FDB plus or minus 2 degrees.
FDB and relative humidity 25% minimum.
Zoning - Each full height xxxxx office shall be separately
zoned and have its own thermostat.
- No more that three fullheight offices per zone.
- 3000 square feet maximum size for open office
area zones.
- Each full height conference room shall be
separately zoned and hve its own then-nonstat and
exhaust fan.
- Each smoking room shall be exhausted to the
outside of the Building.
- The lunch/break room shall be separately zoned
and have its own thermostat and exhaust fan.
Ductwork - Fiberglas ductwork is not permitted. Required
insulation shall be installed on the exterior of
ducts and shall be wrapped and sealed in return
air plenums. The intent being that the airflow,
including recirculated air, provided to the
Demised Premises is not exposed to fiberglass.
- Flexible ductwork is not preferred, but if used
any single run shall not exceed 6 feet in length
and shall not have more than one 90 degree bend.
Diffusers - No more than 300 CFM per duffuser.
- At least one diffuser for every 000 xxxxxx xxxx
xx xxxxx xxxx.
Balancing - a preliminary balancing report for all systems is
required at the completion of construction, but
before Tenant's occupancy Landlord shall provide
a certified balancing report for all Systems.
-5-
Filtration - Adequately filtered so as to maintain a clean,
dust free, non toxic and odorless environment.
General
Requirements - Primary system shall the capacity to fulfill the
solar loads, people loads of one (1) person per
200 square feet, lighting load of 1.5 xxxxx per
rentable square foot, and the equipment power
loads of 5.5 xxxxx per rentable square foot
(this does not include power requirements for
any of the Building's equipment).
- System shall have an economizer
RETURN AIR:
Unless ducted; return air in all offices and conference rooms shall be
designed through return air grilles with sound boots as shown below.
All rooms with walls extending to underside of slab shall exit return
air through an insulated duct of proper size extending 3 ft. at each
side of partition.
SPECIAL REQUIREMENTS:
The Telephone / Equipment room shall be ducted together with the most
adjacent zone. This room shall have a Diffuser and grille designed for
the space load requirements and shall not exceed 300 cfm/diffuser. All
diffusers shall be on flexible connectors permitting 1 tile
relocation. All thermostats to have 0-12 Hour spring wound Bypass
timer located adjacent to thermostat.
DIVERSITY FACTORS:
--------------------------------------------------------------------------------
HVAC diversity factors for equipment and spaces shall be designed as follows:
COPIERS:
Demonstration Rooms 8&Z Training Rooms: The sum of all unit standby
loads plus the running load of the largest unit less its standby load.
Copier Centers: The sum of running loads of all units. Convenience
Copiers (less than and including the Xerox 1090 and or Xerox 5355):
The sum of standby plus 25% running load. Convenience Copier's
(greater than the Xerox 5355): The sum of standby plus 50% running
load.
COMPUTERS
Standard line CRTs: 100% or running load.
6085 workstations: 100% of running load.
-6-
Equipment rooms: 100% of running load.
Facsimile: 80% of running load.
The BTU/Hr output for all equipment shall be on the red line set of
plans.
ELECTRICAL
--------------------------------------------------------------------------------
ELECTRICAL DISTRIBUTION:
Electrical energy shall be supplied to the Arcada suites via BSS power
distribution unit with panel interior mounted Transient Voltage Surge
Suppressant (TVSS) unit connected to standard incoming voltage
transformer.
PANELS:
Locate on permanent walls or closets in easily accessible but visually
non obtrusive locations.
DISTRIBUTION:
In rigid conduit except provide flexible conduit to light fixtures.
LIGHT SWITCH ASSEMBLY:
All enclosed room lighting to be on building Electronic Motion
Sensors. All lighting in open plan areas to be controlled by ceiling
mounted motion sensors Light O Matic ceiling mounted Motion detector
Model #00-000 000 volt (or equal) One way sensor with #13-011 Switch
pack, Color: Ivory. All office and lunch room lighting to be
controlled by Light O Matic wall mounted motion detector Model #01-134
277 volt (or equal), Color: Ivory. All restroom lighting to be
controlled by Light-O-Matic ceiling mounted motion detector Model #1-
072 277 volt (or equal) One way sensor with #13-011 Switch pack,
Color: Ivory. Separate 0-12 Hour spring wound Bypass Timer switch to
be provided at entry door. (ALTERNATE: All lighting controls are to
use the latest in motion sensors and daylighting techniques).
POWER OUTLETS:
No change from BSS, except all outlets are to be labeled with Panel
and Circuit number on outside of cover plates. Color to be standard
off-white or better where BSS. No back to back outlets allowed. All
outlets shall be offset by a minimum of at least six (6) inches.
Outlet configurations shall be as specified by Arcada.
EXIT SIGNS
No change from BSS.
TELEPHONE / COMMUNICATIONS WALL OUTLETS:
Provide J-box with 3/4" conduit to plenum and pull string (U.N.O.).
Each standard office to have two duplex outlets and one (1) voice and
one (1) data connection.
-7-
LIFE SAFETY SPEAKERS:
No change from Building Standard Specifications (BSS) if required by
code.
SMOKE DETECTOR:
No change from BSS if required by code.
SENTRY SWITCH:
No change from BSS.
FIRE SPRINKLERS:
Sprinkler system shall be designed and installed so that the sprinkler
heads are chrome semi-recessed and centered in the ceiling tiles.
EQUIPMENT ROOM:
Provide a 2" conduit with pull wire from the main electrical room to
the Arcada equipment room. The termination point of this conduit will
be shown on the plans. Wall to be provided with 3/4" plywood to be
shown on the plans.
SECURITY SYSTEM:
Contracted by Arcada.
PAGING:
To be provided by Arcada service providers.
MUSIC-ON-HOLD:
Arcada will contract for this service if required.
ENTRY ANNUNCIATORS:
Install in accordance with the developed design drawings Arcada
approved annunciator systems.
MISCELLANEOUS
--------------------------------------------------------------------------------
KEYING:
All locksets shall be individually keyed. Arcada will provide a list
of master and sub master requirements when all doors have been
numbered by the Architect/Designer. Two keys are to be provided for
each lockset. Provide four (4) Grand master keys.
KEY CABINET:
Provide a lockable key cabinet suitable for storing the number of keys
required. This cabinet shall be mounted in the equipment room.
MILLWORK SHELVING:
All shelves are adjustable and are 12" wide unless noted otherwise.
Shelves are to be melamine.
-8-
FIRST AID KIT
Provide First Aid Kit to be wall mounted in the Health Room by: North
Health Care, Bulk, First Aid Kit-Deluxe, #100, 0000 Xxxxxxx Xxxx,
Xxxxxxxx, XX 00000 (or equal).
LOW FLUSH TOILETS:
Provide low flush toilets of the type Crane Plumbing, Economizer-18"
high toilet, with siphon-assisted blowout, close coupled combination,
elongated rim, 1-1/2 gallon capacity same or similar.
MILLWORK:
Details provided by Arcada.
JANITORIAL CLOSET:
Provide same or similar Florwell Service Sink: American Standard
#7740.020 Faucet #8344.111 with top brace stops and vacuum breaker.
Drain #7721.038 with strainer and socket for 3" outlet and removable
vinyl-coated rim guard #7745.001.
CORNER GUARDS:
Install clear Lexan corner guards with pre-drilled holes, 1-1/8" X 1-
1/8" X 48' on all outside comers in corridors and common areas.
GLASS BLOCK:
In accordance with the developed design drawings Arcada approved Glass
Block systems.
MECHANICAL CYPHER HARDWARE:
Install in accordance with the developed design drawings Arcada
Approved Simplex model mechanical hardware or similar version.
APPLIANCES:
Note: The general contractor is to provide all appliances (i.e.,
refrigerator, microwave, etc.) shown on the plans as part of the
tenant buildout.
ARCHITECTURAL AND ENGINEERING
--------------------------------------------------------------------------------
The working set of plans shall consist of the following minimum plan
sheets:
. Title sheet (including legend/general notes).
. Demolition plan
. Construction plan (to include door numbers, room numbers, and
hallway numbers).
. Partial / complete roof plan
. Restroom plan
. Partition plan
. Power and telecommunications plan
. Reflected ceiling plan
-9-
. Door and Hardware schedule
. Finish plan
. Schedules
. Building standard details and elevations
. Detail plan (wall, ceiling, millwork, projection screen,
structural, etc.)
. Furniture and equipment plan
. Electrical plans (include building riser plan)
. HVAC/Mechanical plans
Plumbing plans
. Sprinkler plan
ITEMS INCLUDED IN BASE BUILDING COST STRUCTURE:
. Dock doors
. Structural supports for HVAC equipment.
. Transformer panel and incoming electrical
-10-
TITLE XV: LAND USAGE
Chapter
150. BUILDING CODE
150A. UNIFORM BUILDING NUMBERING SYSTEM
151. COMPREHENSIVE PLAN
152. FLOOD HAZARD REDUCTION
153. MOBILE HOMES
APPENDIX: MINIMUM BLOCKING AND TIE-DOWN STANDARDS
154. ZONING CODE
155. SUBDIVISION REGULATIONS
APPENDIX A: STREET SYSTEM REGULATIONS
APPENDIX B: OFF-STREET PARKING, LOADING, AND UNLOADING
APPENDIX C: STORMWATER MANAGEMENT REGULATIONS
APPENDIX D: PUBLIC UTILITIES
APPENDIX E: FIRE PREVENTION REGULATIONS
APPENDIX F: BORROW PITS
APPENDIX G: SWIMMING POOL REGULATIONS
APPENDIX H: VESTED RIGHTS
APPENDIX I: SIGN CODE
APPENDIX J: TRANSPORTATION GUIDELINES
156. SITE PLAN REGULATIONS
APPENDIX A: PROGRAM FOR SITE DEVELOPMENT REVIEW (TRANSPORTATION)
157. LANDSCAPE AND BUFFER REGULATIONS; TREES
158. GATEWAY CORRIDOR OVERLAY STANDARDS CLASSIFICATION
APPENDIX: ILLUSTRATIONS
159A. INTERSTATE 4 CORRIDOR ACTIVITY CENTER OVERLAY DEVELOPMENT DISTRICT
000X. XXXXXXXX XXXX XXXXXXXX XXXXXXXX OVERLAY ZONING DISTRICT
APPENDIX A: APPROVED PLANTING SPECIES
-1-
159. DEVELOPMENT AGREEMENTS RELATING TO COMPREHENSIVE PLAN OR ZONING CODE
AMENDMENTS
160. RESOURCE PROTECTION STANDARDS
161. CONCURRENCY MANAGEMENT AND CONSISTENCY DETERMINATION
-2-
CHAPTER 150
-----------
Section
150.01 Short Title
150.02 Definitions
150.03 Adoption of standard codes
150.04 Administration and enforcement
150.05 Permit fees
150.06 Building permits
150.07 Application for building permit
150.08 Expiration of building permit
150.09 Certificate of occupancy
150.10 Construction
Impact Fees
-----------
150.15 Levy and purpose
150.16 Applicability
150.17 Determination of fee amounts
150.18 Schedule of impact fees
150.19 Waiver of impact fee and provision for
appeal
150.20 Time of payment; remedies for non-
payment; credit of fees
150.99 Penalty
(S)150.01 SHORT TITLE.
-------------------------
This chapter shall be known as, and may be cited as the building code of
the city. (ord. 78, passed 3-1-79.)
(S)150.02 DEFINITIONS.
-------------------------
For the purpose of this chapter the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
"BUILDING CODE" Refers to standard codes and all amendments thereto.
-------------
"RATE STANDARDS" Refers to the rate standards as set forth by the City
--------------
Council. (ord. 78, passed 3-1-79.)
(S)150.03 ADOPTION OF STANDARD CODES.
----------------------------------------
The city hereby adopts the following codes and all amendments thereto,
present and future, included in the reference manuals referred to below, as the
minimum standards within the municipal limits of the city, and these shall be
considered as much as part of this chapter as if all the matter and information
set forth by the referenced manuals were fully set forth herein.
(A) Standard Building Code as published by the Southern Building code
Congress International, Inc. with the following deletions and amendments.
(1) Delete.
(a) Section 102.2 - Appointment of inspectors by Building
Administrator.
(b) Section 103.3 - Appointment of Deputy by Building
Administrator.
(c) Section 106.6 - Foundation permit.
(d) Section 107.4 - Fees (Appendix X).
(e) Section 111.0 - Establishment of Board of Adjustment.
(f) Chapter III - Fire District.
(2) Amend.
(a) Section 106.3 is amended to include the following paragraph.
If the work described in any building permit has not been substantially
completed within one (1) year of the date of issuance thereof, said permit shall
expire and be cancelled by the Building Administrator, and written notice
thereof shall be given to the persons affected, together with notice that
further work as described in the cancelled permit shall not proceed unless and
until a new building permit has been issued.
As used herein "substantially" shall be interpreted to be the completion of
at least fifty-one percent (51%) of the total construction.
(B) Standard Plumbing Code as published by the Southern Building Code
Congress International, Inc. with the following deletions.
(1) Section 102 - Organization of Plumbing Inspection Department.
(2) Section 106 - Fees (Appendix B).
(C) Standard Mechanical Code as published by the Southern Building Code
Congress International, Inc. with the following deletions.
-3-
XXXX XXXX BUILDING CODE
--------- -------------
(1) Section 102 - Organization of Mechanical Department.
(2) Section 103 - Powers and duties of Mechanical Official.
(3) Section 106 - Fees.
(D) Standard Fire Code as published by the Southern Building Code Congress
International, Inc. with the following deletions.
(1) Section 108 - Gas Inspector and assistants.
(2) Section 113 - Fees.
(3) Section 115 - Appeals.
(E) Fire Prevention Code as published by the Southern Building Code
Congress International, Inc. with the following deletions and
amendments.
(1) Delete.
(a) Section 1.05 - Organization and functions, Fire Authority.
(b) Chapter 2 - Board of Appeals and Adjustment.
(c) Chapter 5 - Definitions and abbreviations - delete only
Chief of Fire Prevention Bureau.
(2) Amend. Sections 4.03 and 4.04 - Wherever words "Fire Authority"
appear, substitute "Fire Official."
(F) Standing Housing Code as published by the Southern Building Code
Congress International, Inc. with the following deletions.
(1) Section 105 - Hardships.
(2) Section 106 - Housing Board of Adjustment and Appeals.
(3) Section 107 - Appeals.
(G) National Electrical Code as published by the National Fire Protection
Association.
(H) Standard Swimming Pool Code as prepared by the City of Lake Mary,
Florida.
(I) Florida Model Energy Efficiency Code for Building Construction,
dated May, 1980.
(ord. 16, passed 6-25-74; Am. Ord. 78, passed 3-1-79;
Am. Ord. 85, passed 8-2-79; Am. Ord. 119, passed 10-23-80)
(S) 150.04 ADMINISTRATION AND ENFORCEMENT.
----------------------------------------------
The Building and Zoning Administrator duly appointed and delegated by the
City Council is hereby charged with the responsibility of administering and
enforcing this chapter. He may be assisted by other city personnel as necessary
to enforce the provisions of this chapter.
(A) The Building and Zoning Administrator shall notify, in writing,
violators of this chapter, indicating the nature of the violation and
ordering necessary action to correct the violation.
(B) The Building and Zoning Administrator shall order discontinuance of
the illegal use of land, buildings or structures; the removal of
illegal buildings, structures, additions, alterations, or structural
changes thereto; discontinuance of any illegal work being performed;
or any other action authorized to insure compliance with the
provisions of this chapter.
(C) The issuance of a permit upon plans and specifications shall not
prevent the Building and Zoning Administrator from thereafter
requiring the correction of errors in these plans and specifications.
(D) If the work described in any building permit has not been
substantially completed within one year of the date of issuance
thereof, the permit shall expire and shall be cancelled by the
Building and Zoning Administrator, with written notice thereof given
to the persons affected, together with notice that any further work as
described in the cancelled permit shall not proceed until a new
building permit has been issued.
-4-
XXXX XXXX BUILDING CODE
--------- -------------
(E) Energy calculations shall be submitted, on the forms provided by the
city, when application is made for a building permit.
(F) The owner of a building must certify compliance prior to receiving a
permit for construction.
(Ord. 78, passed 3-1-79; Am. Ord. 119; passed 10-23-80)
(S) 150.05 PERMIT FEES.
---------------------------
All applications for permits shall be accompanied by an appropriate permit
fee as set forth by the City Council.
(A) Building permit fees.
Type Fee
---- ---
New construction, alterations, and additions.
Commercial $.70 per $1,000 of cost* due at application, minimum $5.00 which shall be
nonrefundable plus $4.50 per $1,000 of cost* due at permit issuance, minimum
$20.00.
Single-family residential $.50 per $1,000 of cost* due at application, minimum $5.00 which shall be
nonrefundable plus $4.50 per $1,000 of cost* due at permit issuance, minimum
$20.00.
Fences, re-roofs, and signs $.50 per $1,000 of cost* due at application, minimum $5.00 which shall be
nonrefundable plus $4.50 per $1,000 of cost* due at permit issuance, minimum
$20.00.
Factory built house, mobile home (includes
building, electrical, plumbing, and mechanical) $100
Tents and air supported structures $100
Building moving $50
Demolition of structure $50 (no fee if condemned by city)
Minor repairs to residential structures not involving structural, electrical, or
roof modifications are exempt from permit fee requirements.
*or fraction thereof
(B) Basis for determining estimated cost.
(1) The unit cost per square foot for type of construction shall be
based on the values contained in the following table or signed contract
whichever is greater.**
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XXXX XXXX BUILDING CODE
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-6-
XXXX XXXX BUILDING CODE
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BASIS FOR DETERMINATION OF ESTIMATED COST
==========================================================================================================================
Type of Construction
---------------------------------------------------------------------------------------------
IV/5/ V/5/ VI/5/
------------------------------------------------------------
Occupancy I II III 1-HR UNP 1-HR UNP 1-HR UNP
=============================================================================================================================
Assembly
Auditorium 74 71 57 35 34 56 53 52 49
Church 70 68 57 51 49 56 53 52 49
Xxxxxxxxx X/X/0/ X/X/0/ 00 00 37 43 40 40 37
Restaurant 65 65 57 49 47 56 53 52 49
Theater 78 75 57 51 50 56 53 52 49
-----------------------------------------------------------------------------------------------------------------------------
Business
Office 65 62 48 41 40 47 44 43 40
Research/Eng'g 41 39 35 31 29 34 31 32 29
Serv. Station 72 69 56 54 52 55 52 49 46
-----------------------------------------------------------------------------------------------------------------------------
Educational
School 65 65 50 44 42 49 46 45 42
-----------------------------------------------------------------------------------------------------------------------------
Industrial
Factory 35 33 26 21 20 25 22 19 16
-----------------------------------------------------------------------------------------------------------------------------
Hazardous/4/
Hazardous 36 35 28 23 21 27 24 21 18
-----------------------------------------------------------------------------------------------------------------------------
Institutional
Convalescent 85 83 61 54 53 60 N/P/1/ 56 N/P/1/
Hospital 100 97 83 54 53 82 N/P/1/ 76 N/P/1/
-----------------------------------------------------------------------------------------------------------------------------
Mercantile
Dept. Stores 56 54 50 35 33 49 46 36 33
Mall Stores 62 62 48 43 42 47 44 44 41
Mall-Concourse 50 50 24 19 18 23 20 20 17
Retail Store 45 43 39 35 33 38 35 36 33
-----------------------------------------------------------------------------------------------------------------------------
Residential
Apartments 54 51 44 39 37 43 40 41 38
Dormitories 63 62 53 48 46 52 49 48 45
Home, Elderly 63 62 55 49 48 54 51 51 48
Hotel 61 59 53 40 39 52 49 47 44
Motel 61 59 45 40 39 44 41 43 40
Sgl. Family/3/ 53 51 45 41 39 44 41 40 37
-----------------------------------------------------------------------------------------------------------------------------
Storage
Park'g Structure 23 22 N/D/2/ 19 17 N/D/2/ N/D/2/ N/D/2/ N/D/2/
Private Garage 23 22 16 11 10 15 12 12 9
Repair Garage 36 36 28 31 29 27 24 24 21
Warehouse 36 33 27 21 19 26 23 22 19
=============================================================================================================================
Noted:
1. N/P = Not permitted by code.
2. N/D = Insufficient data to determine average cost.
3. Unfinished basements $6.00/square foot.
4. Hazardous includes sprinkler system. For sprinklered buildings in other than
hazardous occupancies add $1.50/square foot.
5. In Type IV, V, and VI, add $27,000 per elevator.
-7-
XXXX XXXX - BUILDING CODE
-------------------------
(2) Commercial finishes and remodeling same as complete or
contract price.
**When using contract price, a signed copy of the contract must accompany the
permit application.
(C) Electrical permit fees.
Alteration, additions, repairs, change of service $25.00
New construction $.30 per amp. minimum fee $25 (each unit of multi-
family housing is considered a separate housing unit
for fee calculations
Temporary service $25.00
Prepower agreement $50.00 for 90 days
(D) Plumbing permit fees.
Alterations, additions, repairs to existing $25.00
residential
New construction $25.00 plus $3.00 per fixture unit (each unit of
multi-family housing is considered a separate
housing unit for fee calculations
Gas piping system $1.50 per outlet, minimum fee $25
Septic tank/drainfield $25.00
(E) Mechanical permit fees.
New Construction
0 - $1,000 $25.00
$1,000.01 - $2,500 $40.00
$2,500.01 - $5,000 $55.00
$5,000.01 - $10,000 $70.00
$10,000.01 - $25,000 $125.00
Greater than $25,000 $5.00 per $1,000 of valuation*
*Or fraction thereof
-8-
XXXX XXXX - BUILDING CODE
-------------------------
(F) Fire loss management permit fee.
Fixed protection systems including wet chemical $45.00 due at time of application which is
dry chemical, CO, Halon/FM, 200/Intergen nonrefundable plus $4.50 per $1,000 of cost* due at
permit issuance, minimum $25.00
Fire Sprinkler systems and fire alarms systems $50.00 due at time of application which is
nonrefundable plus $4.50 per $1,000 of cost* due at
permit issuance, minimum $25.00
*Or fraction thereof
(G) Swimming pool permit fees.
Swimming pools and/or pool enclosures $8.00 per $1,000 of valuation*, minimum fee
$25.00
(H) Site permit fees.
Site plan or subdivision (requires Commission 1.00% of contract price***, minimum of $200.00
approval)
***A Breakdown of estimated cost must be provided before a permit will be
issued.
(I) Right-of-way utilization permit fees.
Miscellaneous work within right-of-way or each $75.00 if not part of site permit
bore and xxxx operation
Residential driveway connection to city street $50.00 if no part of building permit
system and/or sidewalk
Commercial driveway connection to city street $100.00 if not part of site permit
system and/or sidewalk
(J) Irrigation permit fees.
Single-family residential $35.00
Commercial 1.00% of valuation, minimum fee $75.00
(K) Arbor permit fees.
Existing residential or commercial No fee
New single-family residential $15.00
New commercial $5.00 per gross acre. Minimum fee $50.00
-9-
XXXX XXXX - BUILDING CODE
-------------------------
(L) Special permit fees.
Garage/rummage sale $5.00
Vehicle for sale $5.00
Temporary sign, 30 days $25.00
Temporary residential sales trailer $30.00
Fireworks display events $50.00
Bonfire $50.00
(M) Miscellaneous fees.
Reinspection of rejected work $25.00
Fire hydrant flow test $50.00 per each
Health Department required inspections $25.00
HRS licensure inspections $25.00
Stamp extra plan set before issuance of permit $2.00 per page
Restamp and recertification of unaltered plans $35.00 for single-family residential, $5.00 per page
after issuance of permit for commercial
Re-review plans New fee
Change of prime contractor $25.00
Update building permit 50% of original fee
Duplicate certificate of occupancy at time of $10.00
issuance
(N) Penalties.
Construction without permit by owner Double fee
Construction without permit by licensed Double fee, minimum $100.00
contractor
(Ord. 78, passed 3-1-79) (Res. 108, passed 10-18-99; Am. Ord. 199, passed
8-16-84; Am. Ord. 453, passed 8-17-89; Am. Ord. 726, passed 11-17-94)
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XXXX XXXX BUILDING CODE
--------------------------
(S)150.06 BUILDING PERMITS.
-----------------------------
No person, firm or corporation shall commence, or cause to be commenced,
the erection, construction, or alteration of any building structure, sign, or
canopy within the city until an application for a permit therefore has been
previously filed with the city as provided herein, and as provided in other
ordinances of the city, and until a permit therefore has first been issued by
the city. No person, firm, or corporation shall commence, or cause to be
commenced any repair to any existing building, structure, sign, or canopy in the
city until an application for a permit therefore has been previously filed with
the city as provided herein and as provided in all other ordinances of the city.
No repair shall be commenced upon any building, structure, or sign until a
permit therefore has been issued by the city. All work done on or pursuant to
any building or sign permit issued by the city shall conform to the plans or
specifications therefore as approved prior to the issuance of the permit, and
any deviation therefrom shall constitute a violation of this chapter.
(Ord. 78, passed 3-1-79) Penalty, sec (S)150.99
--------------------
Cross-reference:
Building permits required under zoning regulations, see (S)154.29
Connection of building to public sewer a condition to issuance of
building permit, see Ch. 155, App. D. (S)21(A)
(S)150.07 APPLICATION FOR BUILDING PERMIT.
--------------------------------------------
(A) Every application for a permit to erect a building or structure or
to materially alter a front, rear, or side elevation of any existing building or
structure in the city shall be accompanied by three sets of detailed plans, and
all detailed structural drawings thereof that the Building and Zoning
Administrator may require. If the plans submitted do not furnish sufficient
information to adequately show the scope of the planned construction for which
a permit has been requested, then there shall be furnished, in addition to the
two sets of detailed plans, one set of detailed specifications for each proposed
work. Both the plans and specifications, when required by law, shall be prepared
by a registered architect or a registered engineer, qualified under the laws of
the state to prepare the plans and specifications, and no permit therefore shall
be issued until the plans, and specifications when required, have been approved
by the Building and Zoning Administrator. All plans and specifications for
buildings or structures to be erected in the city that are governed by state
laws, must have the standard approval of the proper state authority before
application is made for a permit.
(B) All plans shall be drawn at a scale acceptable to the building and
Zoning Administrator and shall show the following.
(1) A plot plan which shall show the actual shape and dimensions
of the lot or lots to be built on, the exact size and location on the lot or
lots of proposed and existing buildings and accessory buildings, and the
existing and intended use of each building or part of a building existing or
proposed, driveway, provisions for off-street parking, and other information
with regard to the lot as may be necessary to determine compliance with these
regulations.
(2) The location and layout of the proposed sewage disposal
system.
(3) When applicable the required loading and unloading spaces,
maneuvering space, and openings for ingress and egress.
(4) When applicable, grading and drainage plans showing any and
all cuts, fills, and provisions for adequately carrying off surface water on
premises, plus provisions for any surface water on premises, plus provisions for
any surface water which would naturally flow over or through the area. These
plans shall be reviewed and approved by the City Engineer.
(5) Specifications, when required, shall be full and complete as
to the character of the work, structural details, strength of material, and
workmanship.
(6) Other information may be lawfully required by the Building
and Zoning Administrator including existing or proposed building or alteration;
existing or proposed uses of the building and land; the number of families,
housekeeping units, or rental units the building is designed to accommodate;
conditions existing on the lot; and other matters necessary to determine
conformance with, and provide for the enforcement of this chapter.
-11-
XXXX XXXX BUILDING CODE
--------- -------------
(C) Two copies of the plans shall be returned to the applicant by the
Building Administrator after he has marked the copies either as approved or
disapproved, and attested this by his signature on the copy. One copy shall be
kept on the job-site in a waterproof container. The original, similarly marked,
shall be retained by the Building Administrator.
(Ord. 78, passed 3-1-79)
(S)150.08 EXPIRATION OF BUILDING PERMIT.
------------------------------------------
If the work described in any building permit has not begun within six
months from the date of issuance thereof, the permit shall expire and be
cancelled by the Building Administrator and written notice thereof shall be
given to the persons affected. If the work described in any building permit has
not been substantially completed within one year of the date of issuance
thereof, the permit shall expire and be cancelled by the Building Administrator
and written notice thereof shall be given to the person affected, together with
notice that further work as described in the cancelled permit shall not proceed
unless and until a new building permit has been obtained. As used herein,
"SUBSTANTIALLY" shall be interpreted to be the completion of at least 51% of the
-------------
total construction effort. The Building Administrator may allow one or more
extensions not to exceed 90 days each, for cause, if the application is made
prior to the cancellation of the permit.
(Ord. 78, passed 3-1-79)
(S)150.09 CERTIFICATE OF OCCUPANCY.
-------------------------------------
(A) No land, building, or part thereof hereafter erected or altered in
its use or structure, shall be used until the Building Administrator has issued
a certificate of occupancy stating that the land, building, or part thereof, and
the proposed use thereof are found to be in conformity with the provisions of
this chapter. Within three days after notification that a building, premises, or
part thereof, is ready for occupancy or use, it shall be the duty of the
Building Administrator to make a final inspection thereof. No non-conforming
structure or use shall be maintained, renewed, changed, or extended until a
certificate of occupancy has been issued by the Building Administrator.
(B) The certificate of occupancy shall state specifically wherein the
non-conforming use differs from the provisions of this chapter, provided that
upon enactment or amendment of this chapter, owners or occupants of
non-conforming uses or structures shall have six months to apply for
certificates of occupancy. Failure to make such an application within six months
shall be presumptive evidence that the property was in conforming use at the
time of enactment or amendment of this chapter. Failure to obtain a certificate
of occupancy will place upon the owner and lessee the entire burden of proof
that the use of the land or building existed on the effective date of this
chapter.
(Ord. 78, passed 3-1-79)
(S)150.10 CONSTRUCTION.
-------------------------
Building permits or certificates of occupancy issued on the basis of
plans and applications approved by the Building and Zoning Administrator
authorize only the use, arrangement, and construction set forth in the approved
plans and applications, and no other use, arrangement, or construction. Use,
arrangement, or construction in variance with that authorized shall be deemed a
violation of this chapter.
(Ord. 78, passed 3-1-79) Penalty, see (S)10.99
IMPACT FEES
(S)150.15 LEVY AND PURPOSE.
-----------------------------
Impact fees are levied on new construction within the city limits in
accordance with the schedule of impact fees and other provisions of this
subchapter, for the purpose of helping to defray the cost of new or expanded
police, fire, public works, and parks and recreational capital facilities and
equipment attributable to new construction within the city limits, and the cost
of those impact fee development studies deemed necessary by the City Commission
and which are conducted by a professional agency or corporation contracted by
the City Commission.
(Ord. 279, passed 3-19-87; Am. Ord. 528, passed 9-20-90)
-------------------------
Cross-reference:
Deposit of impact fees collected into capital expansion trust funds, see
(S)31.10.
(S)150.16 APPLICABILITY.
--------------------------
This subchapter shall apply to all new construction within the city
limits except the following:
-12-
XXXX XXXX BUILDING CODE
--------- -------------
(A) Alterations or expansion of an existing structure where no additional
units are created and the use of the structure is not changed.
(B) The replacement of a building or structure with a new building or
structure of the same size and use.
(C) The construction of agricultural structures other than residences.
(D) The construction of any public-owned, public-purpose structures by
federal, state, or local government.
(E) The construction of structures primarily relating to religious,
non-proprietary educational, or charitable purposes.
(F) Developments of regional impact approved prior to June 1, 1986.
(G) Construction under any building permit originally issued prior to the
effective date of this subchapter. (Ord. 279, passed 3-19-87)
(S) 150.17 DETERMINATION OF FEE AMOUNTS.
----------------------------------------
(A) Impact fees shall be determined and reviewed at the direction of the
City Commission in accordance with a detailed analysis of projected construction
within the city limits; the cost of any expanded or new capital facilities and
equipment for police, fire, public works, and park and recreation facilities
generated by such construction, the costs associated with such a determination,
update or review, and the money otherwise available to meet those costs. The
City Commission may adjust the established impact fee rates to reflect changes
in the cost of relevant capital facilities and equipment and/or impact fee
development studies or related updates or reviews at such times as it deems
appropriate and as circumstances supporting adjustment may exist.
(B) All changes or adjustments in the established impact fee rates shall
be by ordinance and shall apply only to construction for which building permits
are issued after the effective date of the ordinance. (Ord. 279, passed 3-19-87;
Am. Ord. 528, passed 9-20-90; Am. Ord. 658, passed 8-5-93)
(S) 150.18 SCHEDULE OF IMPACT FEES.
-----------------------------------
Impact fees for new construction within the city limits shall be as
follows:
Residential Non-Residential
Impact Fee (per-unit) (per-sq.-ft.)
-------------------------- ------------- ------------------
Police protection $ 51 $ .053
Fire protection 67 .055
Recreation 278 .031
Public works 24 .022
Total fees $ 420 $ .161
(Ord. 279, passed 3-19-87)
(S) 150.19 WAIVER OF IMPACT FEE AND PROVISION FOR APPEAL.
---------------------------------------------------------
(A) The City Commission may waive part or all of the impact fees imposed
on a project if it determines that the private space and facilities provided in
the proposed project are of such nature as to reduce substantially the project's
impact upon the city's capital needs for expansion of public facilities; or that
the fees imposed by this subchapter upon any given project substantially exceed
the clearly demonstrated impact upon public facilities, including fire, public
works, and police facilities.
(B) In the event a project owner shall consider any impact fee applicable
to it to be excessive, the City Commission, on application, shall conduct a
hearing to consider alleged overpayment. It shall be the duty of the project
owner to demonstrate to the City Commission by clear and convincing evidence
that applicable impact fees are substantially excessive as applied to the
project. The Commission may adjust the fees based on the evidence presented.
(Ord. 279, passed 3-19-87)
(S) 150.20 TIME OF PAYMENT; REMEDIES FOR NON-PAYMENT; CREDIT OF FEES.
---------------------------------------------------------------------
(A) Impact fees shall be due and payable at the time of issuance by the
city of a building permit for new construction. No building permit on new
construction shall be issued until all applicable impact fees have been received
by the city.
-13-
XXXX XXXX BUILDING CODE
--------- -------------
(B) The fees collected pursuant to this subchapter shall be returned to
the then-present owner of the development if the fees have not been spent by the
end of the sixth year from the date the fees were paid, together with interest
at the rate of 5 1/4% per annum.
(C) All impact fees collected shall be deemed to accrue to the benefit of
the parcel or parcels of real property constituting a project for which a
building permit is issued. Further, if and in the event the new construction for
which a building permit is issued shall not take place and said building permit
shall lapse, any impact fees collected as an incident to the issuance of that
building permit shall be maintained by the city, to be credited against any
impact fees which may be charged at the time of the issuance of any building
permit for new construction upon or involving the property for which a previous
building permit has been issued and impact fees collected. If subsequent impact
fees exceed the amount collected and maintained by the city under any previous
building permit, then the additional sum shall be paid as a condition of and at
the time of the issuance of the subsequent building permit. If the impact fees
so charged are less than the impact fees initially collected and maintained,
then at that time the excess shall be refunded to the applicant. In the event
that no subsequent building permit shall be issued and impact fees due within
six years from the date of payment of impact fees under a building permit for
which construction did not take place, any impact fees so collected shall be
returned to the then- present owner of the development together with interest at
the rate of 5 1/2% per annum from the date of initial collection. (Ord. 279,
passed 3-19-87; Am. Ord. 523, passed 9-6-90)
(S) 150.99 PENALTY.
-------------------
Violations of this chapter and the standards set forth herein shall be
punishable by a fine of not more than $500 or incarceration for not more than 90
days, or both. Each day that a violation exists shall constitute a new and
separate offense. (Ord. 78, passed 3-1-79)
-14-
CHAPTER 150A: UNIFORM BUILDING NUMBERING SYSTEM
------------- ---------------------------------
Section
150A.01 Purpose of uniform numbering
system
150A.02 Definitions
150A.03 Uniform building numbering system
established; incorporation of map
150A.04 Administration and assignment of
numbers
150A.05 Posting of numbers
150A.06 Municipal annexation
150A.07 Address changes
150A.99 Penalty
(S) 150A.01 PURPOSE OF UNIFORM NUMBERING SYSTEM.
------------------------------------------------
This chapter is adopted for the purpose of providing a uniform building
numbering system for the assignment of address numbers to buildings and
structures located on or with access from officially named public and private
streets and ways in the city, in the interest of the public health, safety and
general welfare of the citizens and inhabitants of the city.
(Ord. 491, passed 3-1-90)
(S) 150A.02 DEFINITIONS.
------------------------
For the purpose of this chapter, the following terms, phrases, words, and
their derivations shall have the meaning given herein, unless the context
clearly indicates otherwise:
"ACCESSORY BUILDING." A building which is clearly incidental or
------------------
subordinate to and customarily utilized adjacent to and in connection with a
principal building located on the same lot.
"BUILDING FRONT OR FACADE." That area or facade of a building which has
------------------------
visible numbers from a public or private street or way because it faces the
public or private street or way pursuant to which the building is numbered. When
a building is constructed on a corner lot, the building front or facade shall be
that area of the building which faces the street on which a projected address
was assigned or, in the event a projected address has not been assigned, the
area so designated by the Planning Department of Seminole County.
"BUILDING NUMBERING MAPS." A master set of maps which, in conjunction
-----------------------
with approved plots and site plans, details the existing street names and
numbering scheme and the projected street name and numbering scheme within
Seminole County; said maps, in addition to the plots and site plans, being
currently designated the one inch to 400 feet legal section maps.
"E-9-1-1 COORDINATOR." That person designated by the City Manager to
-------------------
assist Seminole County in designing, implementing and maintaining an emergency
telephone response system which involves the expeditious response of public
safety, police and other services resulting from such emergency telephone
system.
"GRID SYSTEM GUIDE." A series of designated north/south parallel lines
-----------------
intersecting a second set of east/west parallel lines, as indicated on the
official "master grid maps," currently delineated on a 1:2000 map of Seminole
County.
"NONCONFORMANCE." Any failure to comply with the provisions of this
--------------
chapter including, but not limited to by way of example: a number out of
sequence, odd or even number on wrong side of street, rural box numbers, numbers
improperly affixed, numbers illegible, numbers unclear, numbers obstructed,
numbers not visible, numbers not present, numbers of improper size, numbers not
in contrast with immediate background, weather-worn numbers, wrong numbers, and
non-approved numbers.
"OCCUPANT." Any person, firm, entity, partnership, trust, corporation,
--------
association, or other organization who is occupying or leasing a building or
other property for a period exceeding 30 days.
"OWNER." Any and all persons, firms, entities, partnerships, trust,
-----
corporation, associations, or other interest in, any building or property which
is subject to the provisions of this chapter.
"PRINCIPAL BUILDING." Any structure which is designed, built or used for
------------------
the support, enclosure, shelter, or protection of persons, animals, chattels or
property of any kind for any residential, commercial, or industrial purpose.
"PRIVATE WAY." Any street, road, avenue, drive, cul-de-sac or other
-----------
thoroughfare used for vehicular traffic
-15-
CHAPTER 150A: UNIFORM BUILDING NUMBERING SYSTEM
------------- ---------------------------------
and any easement or right-of-way that provides sole access to more than one
parcel or lot which is not included in the definition of "PUBLIC WAY" and which
----------
is not maintained by Seminole County, the City of Xxxx Xxxx or the Florida
Department of Transportation. This term shall include, but is not limited to
roadways or driveways in mobile home parks, apartments, condominiums, and
commercial or industrial complexes, which have been named and signed in
accordance with the comprehensive plan of this city.
"PROJECTED STREET NAME AND NUMBERING SCHEME." All approved site plans and
------------------------------------------
plots, including amendments thereto, which contain projected street names and
addresses although no construction or development has occurred on the projected
street.
"PUBLIC WAY." Any area of a public road or right-of-way, either paved or
----------
unpaved, which is intended for vehicular traffic, and that has been dedicated to
the City of Xxxx Xxxx, Seminole County or State of Florida for the purpose of
vehicular traffic and for use as a thoroughfare for vehicular traffic whether
accepted or not by the city, excluding, however, service entrances or driveways.
"UNIFORM BUILDING NUMBERING SYSTEM." A system by which existing buildings
---------------------------------
and projected lots and parcels for future buildings are assigned addresses in a
coordinated and uniform method based on a designated grid system contained in
the official master grid maps. (Ord. 491, passed 3-1-90)
(S) 150A.03 UNIFORM BUILDING NUMBERING SYSTEM ESTABLISHED; INCORPORATION OF
----------------------------------------------------------------------------
MAP.
----
A uniform building numbering system, as shown on the maps, identified by
the title, "Building Numbering Maps," and filed in the office of the Seminole
County Planning Department is hereby adopted for use in this city pursuant to an
interlocal agreement on file with the Board of County Commissioners and this
city. Upon adoption, the uniform building numbering system maps and the grid
maps and each amendment thereto shall be on file in the office of the City
Clerk. (Ord. 491, passed 3-1-90)
(S) 150A.04 ADMINISTRATION AND ASSIGNMENT OF NUMBERS.
-----------------------------------------------------
(A) The Seminole County Planning Department has been assigned
responsibility for coordinating and maintaining the numbering system by the
Board of County Commissioners. Said Department shall assign building numbers in
conformity with the uniform building numbering system. Charges for such
assignments shall be made in accordance with a fee schedule duly adopted by
resolution by the Board of County Commissioners.
(B) Should an existing building fail to conform with the uniform
numbering system, the Seminole County Planning Department will give notice to
those owners or occupants whose building number is in nonconformity with the
uniform building numbering system. Said notice will be delivered to the owner or
occupant by certified mail, return receipt requested, by posting same in a
conspicuous place on the property or by hand delivery. Said notice may include a
notification of a change of address which shall contain the new building
number(s) assigned to the building in accordance with the uniform building
numbering system and shall direct the owner or the occupant to post the newly
assigned building number on said building or property in accordance with the
provisions of the uniform building numbering system. The owners or occupants
shall have 30 days from receipt of the notice sent by certified mail, from the
date of delivery, if delivered by hand, or from the date of posting, if such
notice is posted on the property, to come into compliance.
(C) Assignment by the Seminole County Planning Department of the assigned
number to a lot or parcel on which a projected future building may be
constructed shall be a condition precedent to the issuance of a Building Permit
for any such building. (Ord. 491, passed 3-1-90) Penalty, see (S)150A.99.
(S) 150A.05 POSTING OF NUMBERS.
-------------------------------
All buildings within the municipal limits of the city, shall have its
assigned building number properly displayed in accordance with the provisions of
this chapter, whether or not mail is delivered to such building or property. It
shall be the duty of the owners and occupants of each building in the city, to
post the assigned building number on the property in conformity with this
chapter as follows:
-16-
CHAPTER 150A: UNIFORM BUILDING NUMBERING SYSTEM
------------- ---------------------------------
(A) The building address number shall be permanently affixed to the
building front or facade as defined herein, or to a separate structure such as a
mailbox, post, wall, fence, or other visible and commonly used area, in such a
manner as to be clearly visible and legible and without obstruction from the
public or private way on which the building fronts.
(B) Any numbers which are not clearly visible and legible from the public
or private way shall not be used.
(C) The numerals shall be of a contrasting color with the immediate
background of the building or structure on which such numerals are affixed and
shall not be less than three inches in height and one-half inch in width.
(D) Numerals shall be made of a durable weather-resistant material. (Ord.
491, passed 3-1-90) Penalty, see (S) 150A.99.
(S) 150A.06 MUNICIPAL ANNEXATION.
---------------------------------
Whenever a parcel of land, a subdivision, or any part thereof, becomes a
part of the municipal limits of this city, by annexation, the Seminole County
Planning Department will review the address numbers of such property and
determine whether such numbers, their posting, and the method of numbering for
such annexed portion conforms to the designated grid system and the uniform
building numbering system within 30 days of such annexation. (Ord. 491, passed
3-1-90)
(S) 150A.07 ADDRESS CHANGES.
-----------------------------
(A) If the number, posting, or method of numbering a building is in
nonconformance with Seminole County's grid system and uniform building numbering
system after a municipal annexation, the Seminole County Planning Department
will give notice of such nonconformance to the owners or occupants of the
affected building or property.
(B) Said notice shall be delivered by certified mail, return receipt
requested; by posting said notice in a conspicuous place on the building; or by
hand delivery.
(C) Said notice shall include a notification or a change of address which
shall contain the correct or new building number(s) assigned to the building or
property in accordance with the provisions of this chapter and the date of
notification.
(D) Said notice shall direct the owner or the occupant to post the newly
assigned building number(s) contained in the change of address on said building
or property in accordance with this chapter.
(E) Said notice shall notify the owner or occupant that, if he or she
disagrees with the determination of the Seminole County Planning Department, an
appeal may be taken regarding the determination made. The Deputy County
Administrator/County Development or his functional successor shall hear such
appeals. (Ord. 491, passed 3-1-90) Penalty, see (S)150A.99
(S) 150A.99 PENALTY.
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(A) Any person, firm, entity, partnership, trust, corporation,
association, or other organization failing to comply with the provision of this
chapter shall be punished as provided by general law.
(B) The city Code Enforcement Board shall have jurisdiction over
violations of this chapter. Proceedings before the Code Enforcement Board shall
be governed by its rules and procedures. (Ord. 491, passed 3-1-90)
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SECTION 2. SHORT TITLE. This Ordinance shall create a new Chapter 155,
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Appendix I of the Code of Ordinances to be known as the "Xxxx Xxxx Sign Code".
SECTION 3. PURPOSE AND INTENT. The purpose and intent of this Code is to
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establish regulations for the fabrication, erection and use of signs and other
outdoor advertising displays within the City of Xxxx Xxxx. These regulations
are hereby established in order to promote the overall economic well being of
the businesses in the City, while at the same time providing for the health,
safety and welfare of its citizens by reducing the adverse effects of signs and
displays on highway safety, building safety, property value, and the enjoyment
of the scenic beauty of the City. These regulations are intended to avoid
excessive competition and clutter among sign displays in the demand for public
attention.
SECTION 4. DEFINITIONS:
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(A) In General
----------
The word "shall" is mandatory, the word "may" is permissive.
(B) "ABANDONED SIGN."
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(1) A sign is presumed to have been abandoned when it is located on
property which becomes vacant and unoccupied for a period of three (3)
or more months.
(2) Any sign face which advertises a business no longer conducted or
product no longer sold. In making the determination that a sign
advertises a business no longer being conducted, the Enforcement
Official shall consider the existence or absence of a current
occupational license, utility service deposit or account, or active use
of the premises.
(3) Any sign structure which has not been used for business purposes for
over three (3) months that is non-conforming as to existing codes
regarding height, setback or maintenance.
(4) Any previously permitted temporary sign for which the permit or
permitted time has expired.
(C) "ADVERTISING FLAGS." Any commercial flags designed for or having the
-----------------
effect of attracting attention, promotion or advertising.
(D) "AWNING SIGN." A sign composed of cloth or canvas supported by a metal or
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rigid framework attached to and extending from an exterior wall or any
other portion of a building utilized as protection from the rain or sun.
(E) "BANNER SIGNS." Any signs having characters, letters, illustrations, or
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ornamentations applied to cloth, paper, or fabric of any kind, including
foil.
(F) "CONSTRUCTION SIGN." A sign announcing and identifying the construction
-----------------
project scheduled or underway on the site where the sign is located.
(G) "DIRECTIONAL SIGN." - ON-SITE. Any sign used to indicate the direction to
----------------------------
entrances, exists, parking areas, restrooms, or other non-business related
facilities on the site on which the sign is located.
(H) "DIRECTORY SIGN." A sign which gives the names of the businesses or
--------------
individuals located in the building or complex where it is located. A
directory sign shall be of a unified design and common material, and shall
allow for a uniform size sign for each business or unit of space in the
development. Directory Signs shall be limited to the name and type of
business and its location within the building or complex.
(I) "DOUBLE-FACED SIGN." A sign with two (2) faces which are no more than
-----------------
twelve (12) inches apart at their closest point, and which describe an
internal angle between face planes extended no more than thirty (30)
degrees.
(J) "ELECTRONIC MESSAGE CENTER." A sign on which the copy/advertising changes
-------------------------
automatically on a lampbank or through mechanical means.
(K) "FREE STANDING SIGN". A sign wholly independent of any building for
------------------
support. For the purposes of this sign code, a free standing sign may be
constructed of wood or other permanent, rigid material and may be used for
construction and real estate signs only.
(L) "FRONT FOOT, BUSINESS." The lineal distance of the building space occupied
--------------------
by the particular business, measured on a straight line parallel to the
street. In the event that a building fronts on two or more streets, the
property owner shall be given the option of selecting one street frontage
for the purpose of computing allowable sign area. Where a business does
not parallel a street, the front foot shall be measured along the exterior
side of the building space occupied by the particular business and which is
considered by the business and general public to be the front of the
business.
(M) "FRONT-FOOT, PROPERTY." Each foot, or major portion thereof, measured
--------------------
along the public right-of-way where the subject property abuts said right-
of-way.
(N) "FRONT-FOOT, BUILDING." Each foot, or major portion thereof, measured
--------------------
along the main entry side of a building. Where buildings form an "L" or
"U", all main entry sides are measured.
(O) "GROUND SIGNS." A sign wholly independent of any building for support; and
------------
where the subject of the sign relates to either the identifying of the
business name or the activity carried on in the structure on the same
property as the sign.
(P) "HEIGHT OF SIGN." The distance between the top of a sign and the average
--------------
grade elevation below it.
(Q) "IDENTIFICATION SIGN." A sign that indicates the name and type of business
-------------------
or service, or the name of the development located on the site where the
sign is located; including street address, phone number, and graphic of
business logo.
(R) "ILLEGAL SIGN." A sign not legally permitted prior to or after the
------------
adoption of this sign code.
(S) "ILLUMINATED SIGN." A sign that uses artificial light, either internal or
----------------
external to the sign faces, to draw attention to the sign or otherwise
increase its visibility.
(T) "INSTRUCTIONAL SIGN." A sign conveying non-advertising information
------------------
relating to the use of the premises, including such signs as "no parking",
"no trespassing" and warning signs.
(U) "INTERNALLY ILLUMINATED SIGN." A sign that uses artificial light from
---------------------------
behind the sign face to increase its visibility.
(V) "MARQUEE SIGN." Any sign placed flat along and on the edges of a marquee.
------------
(W) "MEMBERSHIP SIGN." A sign identifying affiliation with a travel club,
---------------
business association, credit card company, or professional association.
(X) "MEMORIAL SIGN." A permanent sign, plaque, inscription or similar group of
-------------
symbols recording historical data relating to the construction of the
building to which it is affixed.
(Y) "NON-CONFORMING SIGN." A sign legally permitted in the City before the
-------------------
adoption of this sign code that does not conform to the requirements of
this sign code. A sign not legally permitted prior to the adoption of this
sign code shall not be considered a non-conforming sign.
(Z) "OFF PREMISE SIGN." A sign, either attached to a building or other
----------------
structure located on real property, which is not appurtenant to the use of
the real property where the sign is located or
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which does not advertise a service offered at the location where the sign
is placed or which does not identify a business located where the sign is
placed as a purveyor of the merchandise or services advertised on the sign.
The term "OFF PREMISE SIGN" includes, but is not limited to, signs commonly
known as billboards.
(AA) "ON-SITE SIGN." A sign that identifies or advertises only goods, services,
------------
facilities, events or attractions available on the premises where the sign
is located.
(BB) "PAINTED WALL SIGN." A sign painted on any outside wall or roof of any
-----------------
building.
(CC) "PARAPET." The extension of the main walls of a building above the roof
-------
level.
(DD) "PARASITE SIGN." Any unpermitted sign which is attached to another sign.
-------------
(EE) "PENNANT." Any flag-like piece of cloth, plastic or paper attached to any
-------
staff, cord, building or other structure and which hangs loosely for the
purpose of attracting attention to the site.
(FF) "PERMITTED SIGNS." All signs requiring a permit under this sign code.
---------------
(GG) "POLE SIGNS." A sign supported by poles, uprights, or braces, which are
----------
not concealed in an enclosed base, but are permanently placed on or in the
ground and wholly independent of any building for support, either single-
faced or double-faced.
(HH) "POLITICAL SIGN OR POLITICAL FLAG." Any display of characters, names, or
--------------------------------
illustrations which advocate the election of any individual, group pf
individuals, or any position for or against any political issue.
(II) "PORTABLE SIGN." A sign that has no permanent attachment to a building or
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to the ground by means of a footing; including, but not limited to, an A-
frame sign, sign with wheels or frame or structures with axles or designed
to be pulled or towed on a trailer or similar devise, pull attachments, or
hot air or gas-filled balloons.
(JJ) "PREMISES." The lot or lots, plots, portions or parcels of land considered
--------
a unit for a single development or activity.
(KK) "PROJECTING SIGN." A sign supported by a wall of a building, projecting
---------------
away from that wall twelve (12) inches or more, and designed with a face or
faces reading at an angle to that wall.
(LL) "READER BOARD." A sign designed to accommodate changeable copy including,
------------
but not limited to, individual letters and numbers that can be removed and
replaced by hand. Electronic message centers are not considered part of
this definition.
(MM) "REAL ESTATE SIGN." A sign erected by the owner, or his agent, advertising
----------------
the real property where the sign is located for sale, lease, or rent.
(NN) "ROOF SIGN." A sign erected on or over the roof of any building.
---------
(OO) "SANDWICH SIGN." Any two-sided, self-supporting portable sign.
-------------
(PP) "SIGN." Any display of characters, letters, illustrations or any
----
ornamentations; or the complete structure on which any characters, letters,
illustrations, or ornamentations are supported or applied, except guys or
their anchorages.
(QQ) "SIGN AREA." The area enclosed by one continuous line, connecting the
---------
extreme points or edges of a sign. The area shall be determined using the
largest sign area or silhouette visible at any one time from any one point
that is off-site. This area does not include the main supporting sign
structure; but all other ornamental attachments, inner connecting links,
and the like, which are not a part of the main supports of the sign are to
be included in determining sign area.
(1) Free-standing letters or cut letters used as a sign area: the area is
measured as ninety percent (90%) of the area enclosed within the
smallest regular geometric figure needed
-3-
to encompass completely all letters, insignias, or symbols of the
sign, including horizontal spacing between letters, insignias,
symbols, logos, and trademarks, except as otherwise provided herein.
(2) Signs other than free-standing letters, words, insignias, or symbols:
the area is measured as the total area of the facing, or the total
area within the outer edge of any existing border of the sign.
(3) In every event, computation of allowable sign area includes all
existing signs on the premises, whether those signs are conforming or
non-conforming under the terms of this appendix.
(RR) "SUBDIVISION SIGN." Any sign which marks or identifies the entrance or
----------------
entrances to a residential subdivision.
(SS) "SWING SIGNS OR SUSPENDED SIGNS." Any sign projecting at an angle on the
------------------------------
outside wall or walls of any building, and which is suspended from a
projecting structure in such a manner that the sign itself, or any part
thereof, is not attached to the building or wall.
(TT) "TEMPORARY SIGN." A sign used to advertise or identify transitory events
--------------
or two (2) weeks or less duration unless specifically permitted for a
longer period by this code.
(UU) "WALL SIGN." Any sign painted on, or attached to, or erected parallel to
---------
the face of, or erected and confined within the limits of, the outside wall
of any building, and which displays only one (1) advertising surface.
(VV) "WINDOW SIGN." A permanent or temporary sign affixed to, suspended behind,
-----------
or painted on either face of a window or glass door that reads to the
exterior of the building.
SECTION 5. SIGN PERMITS
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(A) PERMIT REQUIRED. It shall be unlawful for any person to erect, construct,
---------------
alter or relocate within the City of Lake Mary, Florida, any sign without
having first obtained a permit therefore, except as provided for in this
sign code.
(B) WORK TO BE PERFORMED BY OWNER, LESSEE, OR LICENSED CONTRACTOR. The
-------------------------------------------------------------
erection of all signs requiring permits under this sign code shall be done
by and permitted to the property owner or lessee, or to a sign contractor,
general contractor or building contractor legally authorized to perform
such work.
(C) APPLICATION FOR PERMIT. All applications for permits under this section
----------------------
shall be filed by either a contractor licensed to erect signs in the City,
or the owner of the property where the sign is to be located or his
authorized agent. Such applications shall include the following:
(1) Name, address and telephone number of owner(s) of property;
(2) Name, address and telephone number of licensed sign company erecting
the sign;
(3) The street address and legal description of the property upon which
proposed sign is to be located.
(4) The height, size, shape and location of the proposed sign;
(5) Written permission of the owner, his lessee or agent, to erect the
proposed sign;
(6) A plan, sketch, blueprint, or similar presentation drawn to scale,
showing all pertinent structural details, wind load requirements, and
materials in accordance with the requirements of the Southern Standard
Building Code;
(7) A statement verifying the height, size, shape and location of existing
signage on the premises.
-4-
(D) ISSUANCE OF PERMIT. Upon receipt of an application for a sign permit, the
------------------
Building Official or his designee shall review the plans, specifications
and other data relating to such sign, and, if considered necessary, inspect
the premises upon which the sign is proposed to be erected. If the
proposed sign is in compliance with this sign code and all other applicable
laws and code of the City, a sign permit shall be issued upon receipt of
the permit fee.
(E) PERMIT FEES. Permit fees under this sign code shall be set by resolution
-----------
of the City Commission.
(F) PERMIT LABEL REQUIRED. With each permit issued, the Building Official
---------------------
shall provide a label or decal for each permitted sign bearing the permit
number. This label shall be attached to the sign or sign structure so as
to be clearly visible from the public right-of-way or public areas of the
business site.
(G) PENALTY. In addition to other penalties provided by this sign code, or
-------
Code of Ordinances generally, a permit fee of double the amount specified
shall be required if work has commenced without a permit.
(H) EXPIRATION OF PERMIT. Any permit issued under this sign code shall expire
--------------------
ninety (90) days after date of issuance, unless installation of the
permitted sign is completed.
SECTION 6. GENERAL PROVISIONS.
---------- -------------------
(A) EXEMPT SIGNS: The following signs are exempt from the permitting
------------
requirements of this sign code, but shall still meet applicable
construction standards and obtain electrical permits if required by the
City Electrical Code:
(1) Identification signs of two (2) square feet or less;
(2) "No Trespassing," "Private Property," "No Soliciting," or "No Dumping"
signs of two (2) square feet or less;
(3) On-Site Directional or instructional signs of four (4) square feet or
less and less than three (3) feet in height where vehicle or
pedestrian movements are involved;
(4) Governmental signs for traffic control, street designation, direction
to public facilities, and any public sign deemed necessary by a public
official in the performance of his public duty, or as approved by the
City Commission;
(5) Professional name plates not exceeding three (3) square feet in area.
(6) Occupational signs denoting only the name and profession of an
occupant in a commercial building or public institutional building,
placed flat against the exterior surface of the building and not
exceeding three (3) square feet in area.
(7) Under-canopy signs behind the right-of-way line for pedestrian
identification of less than four (4) square feet.
(8) Credit card or membership signs or two (2) square feet or less, one
(1) of each different organization permitted for each street frontage;
(9) A maximum of two (2) menu (reader) boards for drive-through facilities
of no more than twenty-four (24) square feet each. Such signs shall be
located adjacent to and oriented toward the drive-through area;
(10) Decals affixed to fuel pumps, or other types of vending equipment used
for dispensing retail products, so long as the signs or decals remain
applicable to the use of the equipment.
-5-
(11) Permanent ground type church service signs not exceeding fifty (50)
square feet and located on the property where the church sanctuary is
situated. Such signs shall be limited to six (6) feet in height and
shall meet the setbacks of the zoning district in which the church is
located.
(12) Standard-sized menus mounted at the entrance to restaurants.
(13) Signs required or authorized by federal, state, or county law.
(14) An owner or his designated agent is permitted to advertise real
property for sale, rent, or lease. No sign permit will be required
under the following conditions:
(a) Advertising shall be by the use of (1) sign not exceeding the
standards set forth in section 7(A)(2) and section 7(A)(3).
Maximum sign area shall be inclusive of all riders and
attachments.
(b) These signs shall be firmly anchored in the ground.
(c) No sandwich-type signs will be permitted.
(d) These signs shall be solely for the purpose of offering for sale,
for rent, or for lease the particular property on which the signs
are placed.
(e) All signs shall be removed upon the sale or lease of the property
immediately after closing. "Sold" signs may be permitted for
seven (7) days after the closing, and cannot exceed the size of
the original sign.
(15) Off-site directional signs, including but not limited to; garage sale,
open house, yard sale, neighborhood watch, and homeowners association
signs of six (6) square feet or less limited to one (1) per parcel,
lot or tract. These signs shall not be permitted in road or street
rights-of-way and may be removed by the City without notice.
(16) Home occupation signs limited ton one (1) square foot, affixed on the
wall adjacent to the front entrance of the building.
(B) PROHIBITED SIGNS. It shall be unlawful to erect or maintain any sign
----------------
described as follows:
(1) Commercial sign adjacent to residentially zoned land: No sign shall be
located within fifty (50) feet of any residentially zoned property.
(2) Traffic or pedestrian hazards: Any sign which constitutes a traffic
hazard or a detriment to traffic safety by reason if its size,
location, movement, content, coloring, or method of illumination. Any
sign which obstructs the vision between pedestrians and vehicles using
the public right-of-way, including, but not restricted to, those not
meeting visibility standards, in the Zoning Ordinance. Specifically
prohibited are signs using:
(a) Electronic message centers, or signs of a flashing, revolving or
stroboscopic nature. Signs of a flashing, animated, or rotating
nature, except traditional, non-illuminated xxxxxx poles not
exceeding three (3) feet in length.
(b) Bare bulbs in excess of eleven (11) xxxxx; and
(c) Words and traffic control symbols so as to interfere with, mislead
or confuse traffic, such as "stop", "look", "caution", "danger",
or "slow".
(3) Signs or flags attached to trees, streetlight poles, parking lot light
poles or utility poles.
(4) Signs attached to or painted on vehicles which vehicles are not
regularly used as part of the advertised business and are parked or
located in such a way as to advertise.
(5) Privately constructed signs in public right-of-way not specifically
permitted by this sign code.
-6-
(6) Signs made of combustible materials that are attached to or in close
proximity to fire escapes or fire fighting equipment.
(7) Roof Signs.
(8) Abandoned Signs.
(9) Projecting Signs.
(10) Any other signs that are not specifically permitted or exempted by
this sign code.
(11) Banner signs, streamers, ribbons, propellers, searchlights, balloons,
pennants or similar devices.
(12) Portable Signs.
(13) Pole Signs.
(14) Off Premise/Off-Site Signs (except for those permitted under section
6(A) (16)).
(15) Advertising Flags.
(16) Any temporary sign placed or located on or over any public
thoroughfare, road, alley sidewalk, easement, or right-of-way within
any zone of the City, except for special event signs sanctioned or
sponsored by the City Commission, at such locations and for such
duration as determined appropriate by the City Commission to the
event.
(17) Parasite signs.
(18) Reader Boards unless otherwise provided for in this code.
(C) PERMITTED SIGNS. All permitted signs shall be constructed in accordance
---------------
with the following standards, and no Certificate of Occupancy will be
issued for any new or renovated building unless it has conformed to these
standards.
(1) Code Compliance: All signs shall be constructed and maintained in
accordance with the provisions and requirements of the City of Xxxx
Xxxx Building Code, Electrical Codes, all other applicable codes,
ordinances or requirements.
(2) Copy: All copy shall be maintained so as to be legible and complete.
(3) Structure: Signs shall be maintained in a vertical position unless
originally permitted otherwise, and in good and safe condition at all
times.
(4) Damage: Damaged faces or structural members shall be repaired in a
timely manner.
(5) Safety: Electrical systems, fasteners, and the sign and structure as a
whole shall be maintained at all times in a safe condition.
(6) All permitted signs, including permanent and temporary signs, shall
conform to all ordinances and codes of the City and will be counted as
part of the total sign allowance established by these regulations for
any given parcel of real property or business, as appropriate.
(D) SIGN REGULATIONS.
----------------
(1) Individual/single use businesses (commercial, office, and industrial uses).
(a) Sign Area. Total sign area shall not exceed one-hundred (100) square
feet in PO, C-1 and C-2 zones, or two-hundred (200) square feet in M-
1A and M-2A zones. This can be either wall signs, window signs, reader
boards (as permitted) or ground signs, or a combination.
(b) Wall signs. Maximum wall sign area shall be permitted as follows:
1. In PO, C-1 and C-2 zones, one and one-half ( 1 1/2) square feet
for each building front foot, up to one-hundred (100) square feet.
-7-
2. In M-1A and M-2A zones, two (2) square feet for each building
front foot, up to two-hundred (200) square feet.
(c) Window signs. Maximum window sign area shall be permitted as follows:
1. In X-0, X-0X, X-0X, XX, X-0 and C-2 zones, one (1) square foot for
each store front foot, up to one-hundred (100) square feet.
(d) Ground signs. One (1) ground sign per parcel for each primary street
frontage shall be permitted, of maximum area as follows:
1. Area. In X-0, XX, X-0 and C-2 zones, one and one-half (1 1/2)
square feet for each building front foot, up to one-hundred (100)
square feet. In M-1A and M-2A zones, two (2) square feet for each
building front foot, up to two-hundred (200) square feet.
2. Height. In X-0, XX, X-0 and C-2 zones the maximum height shall be
twelve (12) feet. In M-1A and M-2A zones shall be fifteen (15)
feet.
3. Setback. Minimum setback from right-of-way line shall be five (5)
feet for all ground signs.
4. Design of ground signs.
a. Vertical structure supports for ground signs shall be
concealed in an enclosed base. The width of such enclosed
base shall be equal to at least two-thirds (2/3) the
horizontal width of the sign surface.
b. The base shall be of a low maintenance finish which is
compatible with the architectural style of the principal
building limited to split face block, stone, finished metal
or brick. Sign bases finished with stucco or wood are
strictly prohibited.
c. Any external above ground light source shall be located and
hidden within the planer bed or shall be in a burial fixture.
(e) Reader boards are permitted for the following uses and with the
following restrictions:
1. Churches, places of worship, organizations which are exempt from
paying Federal Income Tax under section 501(c)(3) of the Internal
Revenue Code, public schools, government buildings and facilities
shall be permitted to have reader boards provided that the total
sign area for reader boards does not exceed 32 (thirty-two)
square feet per lot, tract or parcel.
2. Movie theaters, drive-in theaters, or playhouses. Reader boards
are permitted, and shall be calculated as part of the total
maximum allowable sign area in the zoning district in which these
uses are located.
3. Automobile service stations and convenience stores. A maximum of
nine (9) square feet may be devoted to reader boards per lot or
parcel which contains an automobile service station or
convenience store. Only one side of a double-faced ground signs
shall be counted for area calculation purposes. Reader board sign
area shall be calculated as part of the total maximum allowable
sign area in the zoning district in which it is located.
-8-
(2) Commercial Shopping Centers. Shopping centers shall be permitted signs
----------------------------
under this section. However, the following criteria are to be considered
guidelines for maximum signage. All shopping center signage shall be
reviewed and approved by the Planning and Zoning Board as to final size,
location, and coordination.
(a) Wall and window signs. Wall and window signage for individual
businesses in shopping center of up to two (2) square feet for each
business front foot and not to exceed a maximum of one-hundred (100)
square feet. This can either be a wall signage, window signage, or a
combination.
(b) Individual businesses in a shopping center exceeding one-hundred (100)
business front feet are permitted one (1) square foot of sign area for
each additional business front foot over and above one-hundred (100)
business front feet, but not to exceed two-hundred (200) square feet.
This can be wall signage, window signage or a combination.
(c) No illuminated wall sign shall exceed one-hundred (100) square feet if
it is within five-hundred (500) feet of a residential land use or
zoning district and is visible from the residential land use or zoning
district.
(d) In the case of corner stores, additional signage may be allowed only
where the same or similar facade treatment is used on both front and
side and there is an entrance to the general public along such sides,
but in no case shall more than one side facade of a corner store
exceed one-hundred (100) square feet of sign area. Sign area is not
transferable between facades.
(e) Ground Sign.
1. Maximum sign area shall be in accordance with the following
regulations:
a. Centers under seventy-five-thousand (75,000) square feet:
Shopping center identification sign of fifty-six (56) square
feet or less.
b. Centers of seventy-five-thousand (75,000) square feet to
two-hundred-fifty-thousand (250,000) square feet: Shopping
center identification sign of eighty-four (84) square feet
or less.
c. Centers of over two-hundred-fifty-thousand (250,000) square
feet: Shopping center identification sign of one-hundred-
twelve (112) square feet or less.
2. Height, setback, and spacing of ground signs.
a. Maximum height shall be fifteen (15) feet.
b. Ground signs shall be set back a minimum of:
b.1. Fifty (50) feet from side lot lines, or equidistant
from side lot lines.
-9-
b.2. Five (5) feet or more from right-of-way, but in no
event erected in any location which shall constitute
an impediment to clear line of sight for vehicular
traffic. Signs which constitute a traffic safety
hazard based upon recommendation by the City Police
Department shall be relocated on order of the Planning
and Zoning Board to eliminate the hazard.
b.3. Ground sign structures on the same ownership parcel
shall be minimum of seven-hundred (700) feet apart.
3. Design of ground sign. The design of permitted ground sign shall
be in accordance with section 6(D) (1) (c) 4.
(3) INDUSTRIAL PARKS. Subdivisions of land as defined in the City Subdivision
----------------
Regulations which are zoned for industrial use shall be permitted signage
as follows:
(a) Ground Sign. One (1) ground sign structure for each public right-of-
way entrance consisting of any combination of identification or
directory signage. Maximum sign area of all ground signs shall be
forty-eight (48) square feet for every fifty (50) acres or fraction
thereof. The design of permitted ground signs shall be in accordance
with section 6 (D) (1) (c) 4.
(b) Individual sites within an industrial park. Individual sites
within an industrial park shall be permitted ground and wall
signage under Section 6 (D) (1) of this sign code.
(c) Directory signs for multi-tenant complex within an industrial
park.
1. Directory Sign. One (1) directory sign per street frontage which
is accessed by the complex shall be permitted as follows:
a. Complexes under one-hundred-thousand (100,000) square feet -
Maximum area per sign shall be forty-eight (48) square feet.
b. Complexes of 100,000 square feet or greater - Maximum area
per sign shall be seventy-two (72) square feet.
c. Height and Setback Requirements for Directory Signs.
c.1. Maximum height shall be fifteen (15) feet.
c.2. Ground signs shall be setback a minimum of five (5)
feet from public right-of-way; however, signs in
entrance median may be approved.
d. Design of directory sign. The design of permitted ground
signs shall be in accordance with section 6 (d) (1) (c) 4.
2. Wall and window signage. Wall signage for individual tenants in a
multi-tenant complex shall be permitted in accordance with
section 6 (D) (2) of this code.
(4) OFFICE PARKS.
------------
(a) Ground Sign. One (1) ground sign structure for each primary park
entrance consisting of any combination of identification and directory
signage. Maximum sign area for each structure shall be calculated as
thirty-two (32) square feet for every fifty (50) acres or fraction
thereof. The design of permitted ground signs shall be in accordance
with section 6 (D) (1) (c) 4.
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(b) Individual sites within an office park.
1. Directory Sign. One (1) wall or ground directory sign located
adjacent to each building entrance of up to eight (8) square
feet; and
2. Wall signs to identify individual offices not to exceed two (2)
square feet each.
3. Ground Signs.
a. Maximum height shall be twelve (12) feet.
b. Ground signs shall be setback a minimum of:
b.1. Twenty-five (25) feet from side lot lines, or
equidistant from side lot lines.
b.2. Five (5) feet from public rights-of-way.
c. Design of ground sign. The design of permitted ground signs
shall be in accordance with section 6 (D) (1) (c)4.
(5) RESIDENTIAL ZONES.
-----------------
(a) Ground Signs. One (1) ground sign for each street frontage shall be
permitted as follows:
1. Multi-family uses of twelve (12) units or less in R-3 zones -
maximum sixteen (16) square feet.
2. Multi-family uses of thirteen (13) or more units in R-3 zones -
maximum thirty-two (32) square feet.
3. Subdivision Signs. Permanent subdivision signs shall be reviewed
by the Planning and Zoning Board and/or City Commission as part
of the subdivision review process, or upon request for property
owners after development has occurred. If an off-site subdivision
sign is approved, no other off-site sign (including directional
signs) shall be allowed on the parcel containing the off-site
subdivision sign.
a. Design standards for subdivision signs. Vertical structure
supports for subdivision signs shall be concealed in an
enclosed base. The width of such enclosed base shall be
equal to the horizontal width of the sign surface. The base
shall be of a low maintenance finish. Stucco, wood, raw
concrete and exposed concrete block are not acceptable
finishes.
b. The maximum height of a subdivision sign is six (6) feet
from grade.
c. A subdivision sign shall be located in close proximity to
the entrance or entrances of the subdivision identified by
the particular sign. No more than two subdivision signs are
permitted per entrance. Subdivision signs proposed to be
located in public right of way must be specifically reviewed
by the City Commission.
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d. Subdivision signs shall not be internally illuminated.
e. Free standing letters/cut out letters shall not exceed a
maximum height of two (2) feet. The maximum sign area for
each subdivision sign shall be sixty (60) square feet.
4. Height and Setback. Setback and height for ground signs in
residential districts shall be as follows:
a. One (1) to five (5) foot setback - maximum height three (3)
feet.
b. Over five (5) foot setback - maximum height eight (8) feet.
c. Minimum setback from side lot lines shall be ten (10) feet.
d. Design of ground sign. The design of permitted ground signs
shall be in accordance with section 6 (D) (1) (c)4.
(b) Wall Signs. One (1) wall sign may be utilized in lieu of a ground
sign, of maximum size as specified above. Any internal illumination of
signs shall be approved by the Planning and Zoning Board.
(c) Conditional uses in residential zones. The following total sign areas
shall be permitted for conditional uses in residential zones. Height,
setback shall be according to the preceding subsection (4).
1. Child care, nursery school - sixteen (16) square feet.
2. Churches - thirty-two (32) square feet.
3. Home Occupation - one (1) square foot, affixed on the wall
adjacent to the front entrance of the building.
4. All other conditional uses - sixteen (16) square feet.
5. In A-1 zones maximum height of ground signs for churches,
nurseries, day care centers, schools, funeral homes and other
conditional uses in A-1 shall be twelve (12) feet. Maximum total
sign area allowed for an A-1 non-residential use shall be one
hundred (100) square feet which includes all wall, window, reader
board, temporary and ground sign areas.
SECTION 7. TEMPORARY SIGNS.
---------------------------
(A) Real Estate and Construction Signs. Real Estate and construction signs,
as defined in this sign code, shall be permitted under the following
conditions:
(1) One (1) non-illuminated sign of each type shall be allowed on each
street frontage of the subject property only.
(2) Freestanding signs shall be:
(a) Setback five (5) feet from public rights-of-way.
(b) Setback twenty-five (25) feet from side property lines, or
equidistant between side property lines.
(c) A maximum height of five (5) feet in residential zones and ten
(10) feet in commercial and industrial zones.
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(3) Maximum sign area shall be:
ZONE REAL ESTATE CONSTRUCTION
------------------ --------------- --------------
RCE, A-1 (3 ACRES 6 Square Feet 16 Square Feet
OR LESS), R-1A per lot, parcel per approved
X-0XX, X-0XXX, X-0 or tract subdivision or
RM site plan
--
PO, R-3 16 Square Feet 32 Square Feet
A-1 (MORE THAN per lot, parcel per approved
3 ACRES) or tract subdivision or
site plan
X-0, X-0, X-0X 00 Xxxxxx Xxxx 64 Square Feet
M-2A per lot, parcel per approved
or tract subdivision or
site plan
(4) Construction signs shall not be erected more than sixty (60) days
prior to the beginning of construction, and shall be removed within
thirty (30) days after construction is completed. Such signs shall be
removed immediately if construction has not begun after sixty (60)
days, or if construction is halted thereafter for a period of more
than thirty (30) days.
(5) Subcontractor and other additional signs of two (2) square feet or
less shall be permitted in addition to total sign area and shall be
affixed to, or immediately adjacent to the main sign structure.
Additional signs exceeding two (2) square feet shall be counted toward
total sign area.
(B) Political Signs and Flags.
--------------------------
(1) Temporary political campaign signs or flags shall be permitted in all
zoning districts subject to the following restrictions, limitations
and requirements and any other applicable requirements set forth in
this sign code.
(2) Setback shall be five (5) feet from public rights-of-way.
(3) Setback shall be twenty-five (25) feet from side property lines or
equidistant between side property line.
(4) The maximum height shall be five (5) feet in residential zones and ten
(10) feet in commercial and industrial zones.
(5) The maximum sign or flag area shall be:
ZONE MAXIMUM PER SIGN/FLAG
---- ---------------------
Residential 6/50 Square Feet
Agricultural, Commercial,
or Industrial Xxxx 00/00 Xxxxxx Feet
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(6) Political campaign signs shall be erected no sooner than the candidate
has qualified for an election and shall be removed within ten (10)
days after the election or after the campaign issue has been decided.
(7) The erection and removal of all political signs shall be the joint
responsibility of the owner of the property upon which the sign is
placed, of the owner of such sign and the candidate for whom such sign
was placed. Each such person shall be jointly and severable liable
for a violation of the terms and conditions of this sign code.
(8) Political Campaign/Permit; Bond. It shall be unlawful for any
candidate for an elected office to post any signs, billboards, or
posters within the City unless such candidate or his campaign manager
shall first obtain a permit from the City Clerk and post a good and
sufficient surety bond or cash bond in an amount of not less than one
hundred dollars ($100.00) conditioned upon compliance with Code and
the removal of such signs, billboards and posters within ten (10) days
after the election in which the candidate is eliminated or elected or
the campaign issue is decided. Should the candidate fail to comply
with Code or refuse to remove said signs, billboards or posters within
fifteen (15) days after such election, the City shall have the
authority to enforce the Code and/or to remove such signs, billboards
and posters and dispose thereof and charge the cost of enforcement
and/or such removal and disposition against the bond posted by the
candidate. In the event a cash bond is posted, any sums remaining in
the hands of the City after the cost of such removal has been deducted
shall be remitted to the candidate.
(D) Temporary signs for special events.
----------------------------------
(1) Permits for temporary signs not otherwise prohibited are allowed for
such purposes as auctions, special events, notice of opening of new
businesses, and going out of business sales. Permits for temporary
signs shall authorize the erection of the signs and maintenance
thereof for a period not exceeding fourteen (14) days; and permits
cannot be renewed on the same sign, nor shall another temporary permit
be issued on the same location, within ninety (90) days from the date
of expiration of any previously issued temporary permit. This
limitation shall specifically apply to shopping centers, industrial
parks, and office parks, where only one (1) temporary sign permit
shall be issued in any ninety (90) day period.
(2) Signs for specific events shall be removed within two (2) working days
after conclusion of the event. A temporary sign shall be no larger
than a maximum of thirty-two (32) square feet, and may be double-
faced.
(3) Temporary signs for public or private non-profit special events, or
special events not related to the primary use of the property may be
permitted by the City Commission for a period covering the duration of
the event and advance publicity not to exceed a total period of
fourteen (14) days. Such temporary signs shall not exceed thirty-two
(32) square feet for each parcel,. lot or tract and shall not be
illuminated. Temporary signs for such events may be reader boards.
SECTION 8. MISCELLANEOUS ADVERTISING.
--------- -------------------------
(A) Handbills.
---------
(1) Posting Handbills on Buildings, etc. It shall be unlawful for any
person to post any bills or other advertising matter upon any
permanent or temporary structure or building, pole or tree located in
any street, park, or other public way or place within the City.
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(2) Scattering Handbills. It shall be unlawful for any person to
distribute or place or cause to be distributed or placed on any public
or private property in the City any handbills, circular, dodgers or
other advertising matter is such a manner that the same may be blown,
carried by water or otherwise scattered by the elements, or so as to
constitute litter.
(3) Placing or Throwing Handbills on or into Vehicles. It shall be
unlawful for any person to distribute or cause to be distributed in
the City any handbill or other similar form of advertising matter by
throwing or placing the same on or into any vehicle within the City.
(B) Sound Trucks and Sound Amplifying Devices. It shall be unlawful for any
-----------------------------------------
person to operate or permit to be operated in the City any sound amplifying
device or equipment for the purpose of conveying a message from public
streets or property or from private property to adjoining land.
(C) Off-site directional Signs. Charitable, fraternal, civic (including
--------------------------
homeowners associations and neighborhood watch) or religious organizations
maintaining a fixed place of assembly or meeting within the City of Lake
Mary, Florida, may erect directional signs for the purpose of indicating
the address or location of their place of assembly or meeting within the
City. Each such sign may bear the logo or symbol of the charitable,
fraternal, civic or religious organization together with the address of its
location or meeting place, and a directional arrow. Except as otherwise
prohibited by state law or county ordinance, a maximum of two such signs
per organization may be erected at locations to be designated by the City
Commission, by resolution. Size material and location are subject to City
Commission approval.
(D) On-site historical marker, service club signs, memorial signs or tablet.
-----------------------------------------------------------------------
These signs may be erected and maintained at such location as recommended
by the Planning and Zoning Board, and shall be subject to design,
construction, size, and illumination restrictions as appropriate to the
area where erected.
SECTION 9. MISCELLANEOUS RESTRICTIONS.
---------- ---------------------------
(A) Illuminated signs. Illuminated signs located within five-hundred (500)
-----------------
feet of a residential land use or zoning district, and which are visible
from the residential land use or zoning district, shall be turned off no
later than 10:00 p.m. and remain off until 6:00 a.m. each night, unless
exempted from this requirement upon the recommendation of the exempted from
this requirement upon the recommendation of the City Police Department,
based on considerations of safety or property security, and approved or
modified by the City Commission. Emergency medical facilities shall be
exempt from this section.
(B) Electrical Requirements
-----------------------
(1) The construction and maintenance of all signs using electric power in
any manner shall be subject to the requirements of the current
electrical requirements of the current electrical ordinances and codes
of the City. Plans and locations shall be approved by the Building
Official, and such signs shall be inspected and approved by him before
operation. All such signs must be installed by a qualified and
licensed electrician in accordance with provision of the National
Electrical Code.
(2) Proximity to electrical conductor: No signs shall be erected closer
than ten (10) feet to any overhead electrical conductor, where the
difference in potential between any two conductors or between one
conductor and ground exceeds seven-hundred-fifty (750) volts.
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(3) All exterior electrical outlets for signs shall terminate in a
galvanized box with a blank cover, which shall be flush with and not
protrude beyond the finished surface of the exterior wall.
(4) Transformer boxes, outlets, conduits, and other accessory equipment
for any sign shall be placed so that they are not visible from the
exterior.
(5) Wooden signs shall not have electrical lights or fixtures attached to
them in any manner.
(6) No electrical sign shall be so lighted or maintained as to throw a
glare or blinding light into any street, highway, or other public
thoroughfare, which would be likely to blind or impair the vision of
any motorists upon the street, highway, or thoroughfare.
(C) Public Liability Insurance.
--------------------------
(1) Bond. The owner or person in control of a display sign, awning,
marquee, banner, or structure of any kind whatsoever, suspended over
or extending into any public right-of-way, shall obtain, maintain and
give evidence of public liability insurance having minimum coverage
limits of one-hundred-thousand dollars ($100,000) per person, two-
hundred-thousand dollars ($200,000) per incident, indemnifying the
City against all loss, cost, damage, or expenses incurred or sustained
by, or judgments recovered against the City, or by any of its
officers, employees, appointees or servants, by reason of the
construction or methods of such display sign, awning, marquee, banner
or structure whatsoever; and also conditioned to indemnify any person
for any injury sustained by reason of such construction or
maintenance.
(D) Liability for damages. The provisions of this appendix shall not be
---------------------
construed to relieve or to limit in any way the responsibility or liability
of any person, firm, or corporation which erects or owns any sign, for
personal injury or property damage caused by the sign; nor shall the
provisions of this appendix be construed to impose upon the City, its
officers, or its employees any responsibility or liability by reason of the
inspection or approval of any sign under the provisions of this appendix.
(E) Painting and pasting on sidewalks and the like. No person shall paint,
----------------------------------------------
paste, print, or nail any banner sign, paper sign, or any advertisement or
notice of any kind whatsoever, or cause the same to be done, on any
curbstone, flagstone, pavement, or any other portion or part of any
sidewalk or street, or upon any tree, lamp post, utility pole, hydrant, or
bridge within the limits of any street or public right-of-way within the
City; however, this section shall not apply to regular notices required by
law to be as posted. No advertisement may be placed on trash containers or
benches located within the City. The City may by resolution permit
painting of house numbers on curbs pursuant to standards of uniformity and
location as may be subsequently adopted.
(F) Signs in power line easements. Signs to be located on power line easements
shall be approved by the power company.
SECTION 10. ENFORCEMENT. The Code Enforcement Officer shall be empowered to
---------- -----------
enforce this sign code.
(A) Removal of Prohibited Signs.
---------------------------
(1) Prohibited signs on public property or rights-of-way shall be removed
immediately, and may be removed by the City or its agent without
notice.
-16-
(2) Temporary signs and parasite signs shall be removed within a
reasonable time frame as determined by the city after receipt of
written notification by the Code Enforcement Officer or Building
Official.
(3) Abandoned signs shall be removed by the owner, agent, or person in
charge of the premises within thirty (30) days after receipt of
written notification by the Code Enforcement Officer or Building
Official.
(B) Should any sign become insecure or in danger of falling, in disrepair or
deteriorated, or otherwise unsafe in the opinion of the Code Enforcement
Officer or the Building Official, the owner thereof, or person or firm
maintaining it, shall, upon receipt of written notification from the
Building Official or Code Enforcement Officer immediately, in the case of
imminent danger, or within ten (10) days in other instance, secure the sign
or cause it to be placed in good repair in a manner approved by the
Building Official, or said sign shall be removed by the owner thereof. If
such order is not complied with, the City may remove the sign at the
expense of its owner and may place a lien for the cost thereof upon the
property on which the sign was located together with any other cost
incurred by the City by filing such lien. The lien may be foreclosed in
the same manner provided by law for the foreclosure of mortgages and the
City shall have the right to receive all costs of court including
reasonable attorney fees.
(C) Removal of Illegally Erected Signs. Where this sign code requires sign
----------------------------------
painting or erection by a licensed contractor and such work is not
performed by a licensed contractor, the owner or lessee of the property
where such illegally erected sign is located shall either:
(1) Have the sign immediately removed; or
(2) Have a licensed contractor secure a permit for such sign. City
inspections of the sign shall be performed.
(D) Termination of Unlawful Illumination. Upon receipt of written notification
------------------------------------
by the Code Enforcement Officer or Building Official that a sign is
unlawfully illuminated in violation of this sign code, the owner, his
agent, or person in control of the premises, shall immediately terminate
the prohibited illumination or animation of such sign.
(E) Violation; Penalties; Continuing Violations and Penalty Thereof. A person
---------------------------------------------------------------
violating any of the terms, conditions, regulations, limitations or
provisions of this sign code shall be punished in accordance with Section
10.99 Code of Ordinances, City of Lake Mary, Florida. Each day that any
violation of the terms, conditions, regulation, limitations, or provisions
of this sign code shall continue to exist, shall constitute a separate and
distinct offense, punishable as herein provided. Any continuing violations
of the terms, conditions, regulations, limitations or provisions of the
Chapter may be adjoined and restrained by an injunctive order of the
Circuit Court in appropriate proceedings instituted for such purposes.
Violations of this sign code, including those sections authorizing City
removal of signs or other penalties, may be referred to the municipal Code
Enforcement Board as prescribed by Chapter 30 of the Code of Ordinances,
City of Lake Mary, Florida, and/or a code enforcement citation may be
issued.
In addition to any other remedies, whether civil or criminal, the City
shall, at its discretion, have the right to seek the aid of the courts of
the State of Florida with respect to the enforcement
-17-
hereof and the violation of this sign code or any lawful order of the City
Commission, Code Enforcement Officer, or Building Official which right
shall include the right to seek injunctive relief against such persons as
may be determined by the Chief Building Official to be in violation of the
terms and provisions hereof.
(F) Repairs, Maintenance & Improvements of Non-Conforming Signs. Normal
------------------------------------------------------------
repairs, maintenance and improvements may be made; however, the cost of
such improvements made during any two (2) year period shall not exceed
twenty-five percent (25%) of the replacement cost of the sign at the end of
the two (2) year period except in full conformity with the provision of
this sign code.
(G) Reconstruction After Catastrophe. If any non-conforming sign is damaged
--------------------------------
by fire, flood, explosion, collapse, wind, war, or other catastrophe to
such an extent that the cost of repair and reconstruction will exceed fifty
percent (50%) of the replacement cost at the time of damage, it shall not
be used or reconstructed except in full conformity with the provision of
this sign code.
(H) Causal, Temporary or Illegal Use. The casual, temporary, or illegal use
--------------------------------
of any sign shall not be sufficient to establish the existence of a legal
non-conforming sign or to create any rights in the continuance of such
sign.
SECTION 11. NON-CONFORMING SIGNS
----------- --------------------
(A) Any sign having an original cost in excess of one-hundred dollars ($100)
and which is non-conforming as to permitted sign area or any other reason
which would necessitate the complete removal or total replacement of the
sign, may be maintained for the longer of the following two periods:
(1) Three (3) years from the date upon which the sign became non-
conforming under the provisions of this appendix and amendments
hereto; or
(2) (a) A period of from three (3) to seven (7) years from the installation
date, or most recent renovation date which preceded the effective date
of this appendix; however, if the date of the most recent renovation
is chosen as the starting date for the period of amortization, then
the period of amortization shall be calculated according to the cost
of the renovation and not according to the original cost of the sign.
The term of years to be determined by the cost of the sign or of
renovation, including installation cost, shall be as follows:
Permitted years from
Sign cost or installation or
renovation cost renovation date
----------------- --------------------
$ 101 to $1,000 3
$1,001 to $3,000 4
$3,001 to $10,000 5
Over $10,000 7
(2) (b) The provisions of division (A) (1) and (A) (2) (a) of this section
shall not apply to any sign subject to the Federal Highway
Beautification Act (23 USC 1310) and F.S Chapter 479, as same may be
from time to time amended.
-18-
(3) (a) For and during the period of amortization of any sign caused to be
a non-conforming sign by this Chapter, no sign deemed to be a non-
conforming sign shall have its useful life extended by rehabilitation,
renovation or alteration.
(3) (b) Any owner of a sign who desires to rely upon an amortization period
longer than three (3) years shall file with the Building Official
within one (1) year form the effective date of this appendix a
statement setting forth the cost and date of most recent renovation,
and a written agreement to remove or bring into conformance the non-
conforming sign at or prior to the expiration of the amortization
period applicable to that sign.
(3) (c) Failure to comply with these requirements shall constitute a
violation of this appendix. In addition to any other remedies
provided herein by law for violation of this appendix.
SECTION 12. VARIANCES AND APPEALS
----------- ---------------------
(A) Non-Conforming Lots. On existing lots of substandard width, where
-------------------
existing conditions or City site plan requirements conflict with the
ability to meet setback requirements of this sign code, the City Planner
may allow the setback to be reduced to the largest dimension available.
(B) Shopping Centers containing ten (10) or more rental spaces. In the case
----------------------------------------------------------
of shopping centers containing ten or more rental spaces, special
exceptions to requirements of this appendix may be granted by the City
Commission upon application and a showing that applicable provisions of
this appendix create substantial and irremediable hardship for any
commercial tenant owing to the design of the structure of the center or its
structural orientation to the highway upon which it fronts. It is the
intent of the section to assure tenants of such centers of the opportunity
to advertise their presence therein pursuant to such exceptions to the
appendix as may be required to that end.
(C) Sign Code Board of Adjustment. The Planning and Zoning Board is hereby
-----------------------------
designated as the Sign Code Board of Adjustment, and is authorized to:
(1) Hear and decide appeals where it is alleged there is error in any
order, requirements, decision, or determination made by a City
Official in the enforcement of this sign code or in the interpretation
of this sign code as regards permitting.
(2) Consider variances of this sign code in specific cases where such
variances will not be contrary to the public interest and where,
owning to special conditions, a literal enforcement of the provisions
of this sign code would result in unnecessary hardship. All
requirements, procedures, findings and appeals of sign code variances
shall follow those provisions for zoning variances. No action of the
Board shall be valid or binding unless adopted by the affirmative vote
of three (3) or more members of the Board.
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