City Council

City of Middleburg Heights,Ohio Council Agenda Januaiy 24,2023 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of January 10,2023 COMMUNICATIONS AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee- Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee — Mr. Bortolotto, Chairman 3. Legislation & Rules Committee — Mr. Ference, Chairman 4. Public Health, Safety & Relief Committee — Mr. McGrregor, Chairman 5. Public Improvements Committee- Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee- Mr. Meany,Chairman 7. Zoning & Building Code Committee-Mr. Grech, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director 6. Executive Assistant ADJOURNMENT  City of Middleburg Heights, Ohio Council Agenda JANUARY 24,2023 PAGE 2 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN GRECH An Ordinance approving the proposed zoning code edits submitted by Stewart Land Use. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor and finance director to enter into a contract with Zambelli Fireworks Manufacturing Company.  DELIVERED JAN 1 S 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2023- Introduced By: Mr. Grech Co-Sponsors: Mr. Bortolotto, Mr. Ference AN ORDINANCE APPROVING THE PROPOSED ZONING CODE EDITS SUBMITTED BY STEWART LAND USE WHEREAS, by Ordinance 2022-24 a revised Zoning Code and Zone Map of the City of Middleburg Heights was adopted; and WHEREAS, Stewart Land Use has completed a review of the Zoning Code and has submitted by memorandum dated January 3, 2023, proposed edits to the Zoning Code; and WHEREAS, Council deems that the proposed edits to the Zoning Code should be adopted. NCW, THEREFCRE, BE IT CRDAINED BY THE CCUNCIL CF THE CITY CF MIDDLEBURG HEIGHTS, STATE CF CHIC, AS FCLLCWS: Section 1: That the proposed edits to the Zoning Code submitted by Stewart Land Use, a copy of which is attached hereto and marked “Exhibit A”, are hereby adopted. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Crdinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Chio Revised Code. Passed: President of Council Attest: Clerk of Council Approved Cn: Presented to Mayor: Mayor  Yea Nay Bortolotto AN Sage Meany McGregor Ference Grech  Stewart January 3, 2023 To: Norm Herwerden Middleburg Heights Building Commissioner From: Jay Stewart Stewart Land Use Re: Summary of the Proposed Zoning Code Edits 1. Edit Summary: Add "Skilled Care Nursing" as a new land use permitted under the RSL district. Also add definition for skilled care nursing and edit "Senior Care Facility" definition as needed. See the "Skilled Care Nursing Facility" definition in Chapter 1161. Reason for the Edit: 'Skilled care nursing" is a common term used in today’s senior care industry and will avoid confusion going forward. 2. Edit Summary: Clarify the requirements for limited multi-family land uses located In a PMU zoning district. See Section 1137.08(b)(2)(C). Reason for the Edit: Currently, the Code permits multi-family land uses in a PMU district at the discretion of Council and when other (non-residential tax producing) land uses are a part of the PMU project. This text will further strengthen the intent of not allowing a PMU project that is 100% multi-family land uses, but rather, is a smaller component of the overall PMU project. 3. Edit Summary: Add clarification to the Minor & Major Amendment process for a Preliminary PMU Plan. See Section 1137.08(d)(8). Reason for the Edit: I need to add additional details to the process for seeking a minor amendment to an approved Preliminary PMU Plan. 4. Edit Summary: Make edits regarding the PMU Development Agreement. Revise 1137.08(d)(3)(B)...to clarify that the Planning Commission does not provide a recommendation nor are required to review a draft PMU agreement. Reason for the Edit: These edits will provide more clarity on what role the PMU Development Agreement plays within the PMU process. The PMU Agreement is merely a tool to document key provisions of the plan such as the PMU waivers granted and other key aspects such as required off-site infrastructure improvements, amenities installation, etc.; It also provides another method to enforce compliance with the PMU Plan requirements. Only City Council reviews and approves a PMU Agreement as a condition of an approved PMU Preliminary Plan. 5. Edit Summary: Make edits to 1147.09 to require a "Trip Generation Analysis" report to determine if a full traffic impact study is required. The City Engineer may require a full traffic impact study even if Applicant's preliminary trip generation analysis states the 100 trips per peak hour is not met. In this scenario, the City Engineer would need to conduct their own trip generation analysis showing the 100 trips during peak hour is satisfied. Reason for the Edit: I am suggesting these edits to better clarify the process of the traffic impact study requirement for applicable projects going through the Development Plan review process in Chapter 1147. This is a one (or two) step process depending on the outcome of the initial "Trip Generation Analysis" report provided by the Applicant. If the Trip Generation Analysis 1  Stewart report proposes no off-site infrastructure improvements are needed, and if that determination is agreed to by the City Engineer, the Applicant w/ould not need to provide the full traffic impact study. Most projects will end with just completing that first step without needing to perform a full traffic impact study. 6. Edit Summary: Add text stating that any parking lot projects creating (net) new parking stalls or increasing the amount of impervious surface on a site is required to go through a streamlined Development Plan review process and satisfy those requirements that are applicable to a parking lot expansion. The Building Commissioner would have the authority to review and approve or deny a parking lot development plan while also maintaining the option to refer over to the Planning Commission for review and decision making authority for any reason. See Section 1147.01(a)(2). Reason for the Edit: This will provide a streamlined procedure for the review of new or expanded parking lot projects. 7. Edit Summary: Add a studio dwelling type for independent living buildings and similar senior care land uses. The proposed maximum studio size is 500 sq. ft. and studio dwelling units may not exceed 40% of any senior care facility (building). See 1133.06(b) and 1133.06(f)(7). Reason for the Edit: Through the review of the Vitalia project, it was brought to our attention that certain senior care operations utilize a smaller studio style dwelling unit for a portion of their overall dwelling mix. Currently, our Code does not provide a smaller studio unit option for a senior care facility. 8. Edit Summary: Add canopy sign regulations. See 1153.08. Reason for the Edit: In the current code, signs placed on a canopy are not permitted. This edit will allow limited signage to be placed on a canopy (such as a gas station canopy for pumps). 9. Edit Summary: Reduce the amount of information required for signs during the Preliminary and Final Development Plan review process. The new requirement would only require the Applicant provide the sign footprint locations for all exterior signage (ground mounted sign, menu board sign, directional sign, etc.) See 1147.02(c)(12) and 1147.03(b)(12). Reason for the Edit: I am proposing this edit to remove the requirement of an Applicant providing sign drawings and elevation views since these signs will go through a separate sign permit review process later on in the development process. What remains is the requirement for an Applicant to indicate on the development plan where freestanding signs are located on the site (such as a ground mounted sign, menu board sign and on-site directional signs). 10. Edit Summary: In Chapter 1123, the chapter's table of contents shows "1123.06 Submission to Electors for RMF-2 Rezone Applications." There is no text in the Code for this section and it should be deleted. Reason for the Edit: The prior zoning code had a requirement that all rezones involving the RMF-2 zoning district go before a vote of the electors. We removed the RMF-2 zoning district when we streamlined the various districts. This reference should not have been included in the new code. 11. Edit Summary: In Chapter 1131, there is no section 1131.07, "Cluster Development Waiver Procedure." It is listed in the chapter table of contents but the actual text of the chapter contains 1131.06, then jumps to 1131.08. Also remove cluster waiver references in 1131.05(b) and 1131.06(b), references in the 1131.07 (notes section) and also renumber Chapter 1131. Reason for the Edit: At one point during the zoning code update process, I had created a waiver process for residential cluster developments. It was decided to remove this new process 2  Stewart and these 1131.07 text references were intended to be removed from the final zoning code draft, but were not in error. 12. Edit Summary: Edit the landscape maintenance text (Section 1151.06(b)(3)) to require the Applicant and/or property owner be responsible to replace any dead or dying plant / tree materials to maintain compliance with an approved Development Plan, beyond the typical first year planting period. Reason for the Edit: Currently, the Code only references vegetation maintenance through the first year planting period. When drafting the Code, I had intended to change this requirement to replace dead vegetation beyond that first year planting period. 13. Edit Summary: Clarify the parking lot setback requirement in 1139.06 for the Gl zoning district. The current Gl district 40' parking area setback conflicts with Section 1149.03(d)(1)that references a 20' minimum setback for a front yard. Reason for the Edit: I came across this item while reviewing a development plan. The intended parking area setback for the Gl district was 20'. This edit will remove the conflict. 14. Edit Summary: Add architectural and site design waiver procedure for the RSL and RMF (similar to the single family residential process). See 1131.12(a)(1)(A) and 1133.09. Reason for the Edit: It has been proposed to add an architectural and site design waiver procedure to projects located in the RSL or RMF zoning districts. This waiver procedure would be identical to the design waiver process we have for the single-family and two-family zoning districts found in Code Section 1131.12. 15. Edit Summary: Allow for restaurants in the office zoning district as a conditional use when located on the first floor of an office building. See Section 1143.04(y). Reason for the Edit: This proposed edit will provide additional mixed-use opportunities in the office district by allowing restaurants and restaurant/bars on the first floor (only) of an office building that has at least three stories. 16. Edit Summary: Fence Section Edits: - Remove the new option to provide a 12" lattice on top of a fence. - Add options to not require neighbor notification (if Applicant has a recent land survey). - Remove the requirement of the 6 foot max height for hedges. Reason for the Edits: These fence edits will provide for more privacy options for property owners. See Section 1157.05. 17. Edit Summary: Add a maximum bulb wattage requirement to fiesta style (exterior string lights). See Section 1131.11(o)(7). Reason for the Edit: The Code currently has maximum foot candle levels for exterior lighting in non-residential districts. It has been suggested to add another layer of light regulation specifically applied to exterior string lights to further protect against excessive glare and light for these types of lights against neighboring properties. The proposed maximum bulb wattage is 15 watts. 18. Edit Summary: Provide for "zero lot line" side yard setbacks for office condo projects. See Section 1137.06 (Note "b" in the chart) 3  Stewart Reason for the Edit: It has been suggested to amend the Code to allow for the development of office condos where each condo Is an Individual lot under individual ownership, In this development scenario, "zero lot lines" are required to account for the attached office condo units. This edit would allow for zero side yard setback when the condo units are adjacent to each other. The two ends of these office condo buildings would still be required to meet the minimum side yard setback. 19. Edit Summary: Clarify the definition of the "mental health counseling" land use and also clearly distinguish from a "medical, dental vision office" land use. on behavior services, counseling, addiction services in office districts. Also, make "mental health counseling" a conditional use in the O office zoning district. See revised definition for "mental health counseling." See the definition for "mental health counseling" in Chapter 1161. Reason for the Edit: We have recently observed an influx in the number of behavioral health and other mental health counseling related uses seeking to locate in the office zoning district. These uses are currently permitted in the GB and P-l zoning districts only. These edits will add clarification to the definition for the "mental health counseling" land use category to help avoid confusion with the "medical/dental/vision office" land use. Some mental health counseling operations may be incompatible with office uses, while some are more compatible and appropriate for the office zoning district. Allowing this use as a conditional use in the O Office zoning district will provide the City with the extra layer of review and the ability to place reasonable conditions on these land uses to ensure there are no land use incompatibility issues with other office land uses. 20. Edit Summary: Increase the maximum allowable ground mounted sign face area from 40 sq. ft. to 50 sq. ft. in the GB, O, PMU and P-l zoning districts. See Section 1153.08(b)(3)(C). Reason for the Edit: It has been proposed to increase the allowable sign face area for ground mounted signs by an additional 10 sq. ft. This matches the allowable area under the old zoning code and will provide users with more signage options and flexibility. 21. Edit Summary: In Section 1143.07, make edits to clarify that an approved conditional use does not expire upon a change of ownership of the property, unless the Planning Commission specifically included a condition of approval that ties the conditional use approval to the property owner only. Reason for the Edit: Conditional use approvals run with the property. The most appropriate method for having a conditional use approval upon a change of property ownership is by Planning Commission attaching a condition that the approval only applies to the current property owner and/or Applicant. 22. Edit Summary: Make edits to Section 1149.17 to allow more flexibility to provide waivers for reduced parking space requirements on a case by case basis. Reason for the Edit: The current parking space waiver section allows reduced parking space counts only when the Applicant can show the waived parking spaces can be accounted for on an adjacent public roadway or on an adjacent property. Removing this sub-section will provide more flexibility for development scenarios where a parking space reduction may be appropriate, even when the waived spaces can't be accounted for off-site. 4  Stewart 23. Edit Summary; For calculating building fagade material percentages, require the Applicant to submit the building's CAD file with the different percentages of each material detailed on a plan sheet. Remove glass from the calculation of this facade calculation for Chapter 1137. Lastly, in the business districts chapter(1137), remove the terms "primary" and secondary" building materials and replace with a minimum percentage requirements for both the primary materials, similar to how the calculation is currently based on in the multi-family chapter. See Sections 1131.11(l)(3), 1133.08(b)(1) and 1137.10(d)(1). Reason for the Edit: We need a more accurate method for determining compliance with our minimum exterior building material requirements and this should make this review much easier and more accurate for Staff and the Applicant. 24. Edit Summary: Define "overhang" as follows: The portion of roof that extends past the outside wall of the structure. See Section 1141.02(b)(9). Reason for the Edit: We have observed several Applicant's seeking to build an accessory outbuilding, or shed with an oversized overhang with the ultimate intent to create some version of a patio or effectively serve as an area for outside storage. Making an oversized overhang for accessory structures a conditional use will give the City an opportunity to consider each request for a larger overhang on a case by case basis to determine the type of use intended and provide the ability to place conditions on an approval to help mitigate potential impacts to surrounding properties. 25. Edit Summary: Sectioni 139.07(c)(1) remove parking area and driveways from this section since it is covered in the parking chapter. Reason for the Edit: Setback requirements for driveways and parking areas for Gl properties are currently found in Section 1149.03(c). This will remove a conflicting code requirement. 26. Edit Summary: Make a religious institution a conditional use in the GB zoning district. See the Land Use Chart in Section 1129.07. Reason for the Edit: Currently, an assembly hall is a conditional use in the GB zoning district and a religious institution is not permitted at all in the GB district. In order to comply with the federal religious land use protection act, we should either make religious institutions a conditional use in the GB district, or remove assembly hall as a conditional use in the GB district. 27. Edit Summary: Expand the applicability of the architectural design guidelines found in the business zoning districts chapter to buildings seeking changes to their structure, fagade or glass when otherwise, no Development Plan approval is required. The Building Commissioner is also given authority to provide a design waiver when a specific design requirement is physically unable to be satisfied. See Section 1137.10(a)(3)(B). Reason for the Edit: Currently the Code states that the architectural design guidelines apply to buildings that are going through the Development Plan review process. Expanding the applicability of these guidelines would require structural and fagade changes to comply with this Code Section, even when a Development Plan review is not required. 28. Edit Summary: Add a definition for "short term rental" and expressly prohibit short term rentals in single-family residential zoning districts. See Section 1129.08(d) and new definition in Chapter 1161. Reason for the Edit: Currently, short term rentals do not fit the definition for a single-family residential dwelling. These text additions will further strengthen the prohibition of short term rentals attempting to operate in a single-family zoning districts. 5  Stewart 29. Edit Summary: Prohibit window tinting and similar materials or methods that prevent or inhibit window transparency in non-residential zoning districts to include no such materials or methods to be applied to both new or existing windows. Minimal window tinting equal to 30% tinting or less may be considered on a case by case basis by the Planning Commission. See Section 1137.10(f). Reason for the Edit: This text edit ensures that windows used in non-residential zoning districts maintains a minimum level of transparency to promote higher levels of safety and clean aesthetics throughout the city. 30. Edit Summary: Remove Code Section 1133.09 "Construction Requirements for Multifamily Structures." Reason for the Edit: These regulations are already located in the City's Codified Ordinances. This language had been located in the prior zoning code, but it has been determined, that the most appropriate location for the text is in the building code section of the Codified Ordinances. 31. Edit Summary: Add regulations of string lights placed in windows to the single-family and two- family zoning districts. This would be the same string light language the code currently has in the business zoning districts chapter 1137. Reason for the Edit: This string light text will assist in regulating the reasonable use of string lights in windows in the single-family and two-famlly zoning districts to help maintain an appropriate residential character. 32. Edit Summary: Add additional technical product specifications for the required decorative street frontage light poles and fixtures for business and mixed use zoning districts. Reason for the Edit: We currently have some technical information identifying the required decorative street lights poles and fixtures as required in Chapter 1137. This additional product details will make it easier for Applicants to locate and identify the specific light pole and fixtures required. 33. Edit Summary: Add clarification regarding how a proposed sign permit for a sign face replacement is processed through Section 1153.02(f). This Section grants the decision making authority to the Building Commissioner with the option to refer that authority over to the Planning Commission for any reason. This Section is proposed to apply to both amended sign applications and sign face replacement applications. Reason for the Edit: These minor text edits will better clarify that a sign face replacement application is review and approved or denied by the Building Commission, unless it is referred over to the Planning Commission. Typo & Minor Clarification Edits 34. Change title of first chapter to "Zoning Code Enforcement and Administration" from the current "Zoning Code Enforcement, Administration and Enforcement." 35. Fix the typo in 1149.17. There are 2 sub-section (a)’s. 36. Land Use Chart - Change "Single Family" use to "Single Family Dwelling" to add more clarity. 37. In Chapter 1153 Sign Standards, Section 1153.08 (b)(3)(H)(aa). remove the phrase "(each lit of glass next to the door)”. This reference is part of some stock zoning text I have used for several years and I do not know what "lit of glass" refers to, or it could be some sort of type. I am proposing to removing the phrase altogether. 6  Stewart 38. Complete the last sentence found in Section 1157.10(d)(4)D. The last sentence currently reads: “If no violation is found, the City” The rest of this sentence was cut off in error. 39. Fix the typo in 1145.02(e) as follows: "...shall conform to the applicable use regulations of the of this Zoning Code." 40. Add the word "Construction" to the title of Section 1157.09 to read as follows: "TEMPORARY CONSTRUCTION BUILDINGS AND ENCLOSURES IN RESIDENTIAL DISTRICTS" 41. In Section 1139.10(a), dealing with outdoor storage within the Gl zoning district, replace "City Council" with "the Planning Commission." This was an oversight and a holdover from the prior Code. Outdoor storage in the Gl district must go through the conditional use process before Planning Commission. It is most appropriate to have Planning Commission maintain the authority to review and decide matters under Section 1139.10(a). 42. In Section 1149.05 (Parking Stall Dimensions Table) change the two-way (90 degree) minimum aisle width from 26 feet to 25 feet. We had discussed 26 feet during the zoning code update process, but had intended to keep the 25 feet minimum distance which Staff believes is an appropriate minimum distance for a two lane drive aisle. 7  delivered jam ! 9 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH ZAMBELLI FIREWORKS MANUFACTURING COMPANY WHEREAS, the City’s purchasing policy requires City Council approval on any single purchase of products or services exceeding $25,000 or any professional service contract exceeding $10,000, with the exception of items purchased through or at an amount equal to an approved cooperative purchasing agreement; and WHEREAS, the City desires to retain the services of a competent and qualified contractor to provide certain products/services to the City; and WHERAS, Zambelli Fireworks Manufacturing Company is competent and qualified to furnish products and/or services to the City and has provided a responsive and responsible proposal, and desires to provide the fireworks display for the 2023 Summer in the City Fest. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor and Finance Director are hereby authorized to enter into a contract with Zambelli Fireworks Manufacturing Company to provide certain products and/or services to the City, a copy of which is attached hereto and marked “Exhibit A”. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto All Sage Meany McGregor Ference Grech DocuSign Envelope ID: 499E0661-DCAB-4E9A-8B2C-46255E435237 ZAMBELLI FIREWORKS MANUFACTURING CO. THIS CONTRACT AND AGREEMENT (this "Contract") is made effective as of this llthdav of 20 23 . by and between: ZambelliFireworks Manufacturing Co. of Warrendale, Pennsylvania (hereinafter referred to as "Zambelli"), -AND- The city of Middleburg Hts., OH .(hereinafter referred to as "Client"). WHEREAS, Zambelli is in the business of designing and performing exhibitions and displays of fireworks; and WHEREAS, Client desires that Zambelli provide an exhibition and display of fireworks for Client's benefit pursuant to the terms and conditions hereof, and Zambelli desires to perform an exhibition and display of fireworks for Client's benefit pursuant to the terms and conditions hereof. NOW,THEREFORE, in consideration of the mutual agreements herein contained: Zambelli, intending to be legally bound, agrees as follows: 1. Zambelli agrees to sell, furnish and deliver to Client a, minute fireworks display [per the program submitted by Zambelli to Client, accepted by Client and made a part hereof] (hereinafter referred to as the "Display") to be exhibited on the display date set forth below (hereinafter referred to as the "Display Date"), or on the postponement date set forth below (hereinafter referred to as the "Postponement Date") if the display is postponed as provided herein, which Display Date and Postponement Date have been agreed upon at the time of the signing of this contract. Display Date: Tune 17, 2023 Postponement Date: Tune 18, 2023 2. Zambelli agrees to furnish the services of display technicians (hereinafter referred to as "Display Technicians") who are sufficiently trained to present the Display. Zambelli shall determine in its sole discretion the number of Display Technicians necessary to take charge of and safely present the Display. 3. Zambelli agrees to furnish insurance coverage in connection with the Display for bodily injury and property damage, including products liability, which insurance shall include Client as additional insured regarding claims made against Client for bodily injury or property damage arising from the operations of Zambelli in performing the Display provided for in this Contract. Such insurance afforded by Zambelli shall not include claims made against Client for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 5 and 5 below. Client shall indemnify and hold Zambelli harmless from all claims and suits made against Zambelli for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 5 and 6 below. Client, intending to be legally bound, agrees as follows: 4. Client agrees to pay Zambelli the sum of S 27,500.00 (hereinafter referred to as the "Purchase Price"), fifty percent (50%) of which is due upon signing this Contract and the balance of which is due at noon three (3) days prior to the Display Date. All credit card payments will be subject to a 3.9% surcharge. Zambelli reserves the right to add to Client's invoice an equitable transportation surcharge in the event of any material increase in transportation costs (including the cost of fuel and third party shipping costs) to Zambelli after the date of this Contract. In addition. Client agrees to pay a postponement fee of fifteen percent (15%) of the Purchase Price plus Additional Third Party Charges (as defined in paragraph 11 below) if the Display is fired on the Postponement Date, or twenty-five percent (25%) of the Purchase Price plus Additional Third Party Charges if the Display is fired on a date other than the Display Date or the Postponement Date ("Alternate Date"). The Alternate Date must occur within six months of the original Display Date at a time agreeable to both Zambelli and the Client. Generally, Alternate Dates will not include the period from June 28* through July 7*. Checks shall be made payable to Zambelli Fireworks Manufacturing Co., unless otherwise authorized in writing by DocuSign Envelope ID: 499E0661-DCAB-4E9A-8B2C-46255E435237 Zambelli. NO CASH shall be paid to any agent or employee of Zambelll, unless otherwise authorized in writing by Zambelli. There shall be no refund of the Purchase Price due and payable under this paragraph 4, except as specifically provided in paragraph 11 below. 5. Client agrees to meet all deadlines including but not limited to the following: (a) Client must select a suitable place for the Display, including a firing and debris zone reasonably acceptable to Zambelli (hereinafter referred to as the "Display Area") and submit such selection to Zambelli no later than sixty (60) days prior to the Display Date. The Display Area shall adhere to or exceed applicable National Fire Protection Association ("NFPA") standards including the Zambelli guideline that the Display Area have a radius of at least 100 feet per inch (or as mutually agreed to between Zambelli and Client) of the largest diameter pyrotechnic from the firing site in all directions to any parking area, spectators, inhabited buildings, public roads, or active railroad. Client shall submit a site map (attached hereto as Exhibit A)to Zambelli accurately representing the physical characteristics of the Display Area as pertains to NFPA and Zambelli guidelines. The content of the Display may be limited by the selection of the Display Area due to the requirement to provide sufficient safety zones. (b) Client must secure and deliverto Zambelli no later than _6^ or 45 days prior to the Display Date all permits necessary for the Display, including but not limited to police, local, state and United States Coast Guard ("USCG") permits, and arrange for any security bonds or insurance as required by law. Zambelli will assist Client when appropriate in completing permit applications. [Alternate to (bj above when it is expressly required by regulations that Zambelli obtain the permits. "Zambelli will secure all permits necessary for the Display as required, including but not limited to police, local, state permits and arrange for any security bonds or insurance as required by law. In addition, Zambelli will notify and obtain permission from the FAA and United States Coast Guard, when necessary. Client will assist Zambelli when appropriate in completing permit applications."] (c) If the Display is choreographed to music, the final selection of the music must be submitted to Zambelli by Client no later than ninety (90) days prior to the Display Date. 6. If, in its sole discretion, Client designates an area for members of the public to view the Display (hereinafter referred to as the "Spectator Area") or an area for vehicular parking (hereinafter referred to as the "Parking Area"), Client shall (a) ensure that the Spectator Area does not infringe on the Display Area, (b) have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including but not limited to grandstands and bleachers are safe for use by spectators,(c) have sole responsibility for ensuring that the Parking Area is safe for use, (d) have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas, it is expressly agreed that Zambelli shall not inspect any area other than the Display Area, except to ensure that any Spectator or Parking Areas are outside the Display Area. 7. Prior to, during, and immediately following the Display, Client shall monitor the Display Area and will be solely responsible to keep all persons and property not authorized by Zambelli out of the Display Area and behind safety zone lines and limits. 8. Following the Display, Client shall be solely responsible for policing of the Display Area and for cleanup except as specifically provided in the sentence immediately following. Zambelli shall be responsible for the removal of unexploded fireworks and the cleanup of material debris, the removal of frames, sets and lumber from the Discharge Area, and the refilling of holes created by Zambelli or on behalf of Zambelli within the Discharge Area. 9. Client will include a direct reference to "Zambelli Fireworks" in all promotional material, including but not limited to event schedules; radio, television, newspaper and internet announcements; newspaper articles; and other media. The parties, intending to be legally bound, mutually agree as follows: 10. It is agreed and understood by the parties hereto that should inclement weather prevent firing of the Display on the Display Date, as determined by the Authority Having Jurisdiction (as defined in paragraph 14 below) or as reasonably determined by Zambelli, then the program shall be postponed and fired on the Postponement Date. If there is no Postponement Date and the Display is not fired on the Display Date, or if inclement weather Revised 2-12-18 M:\Word\Contracts -2 DocuSign Envelope ID: 499E0661-DCAB-4E9A-8B2C-46255E435237 prevents firing of the Display on the Postponement Date, as determined by the Authority Having Jurisdiction or as reasonably determined by Zambelli, the Display will be cancelled and There will be no refund of the Deposit or fifty percent(50%) of the Purchase Price, whichever is greater. 11, Client's cancellation of the Display will only be effective upon receipt by Zambelli of a written notice from an authorized person representing Client, In the event of cancellation of the Display, the parties agree as follows: (a) If Client cancels the Display more than sixty-one (61) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to ten percent(10%) of the Purchase Price plus Additional Third Party Charges, as defined below. (b) If Client cancels the Display from thirty-one (31)to sixty (60) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to twenty percent(20%) of the Purchase Price plus Additional Third Party Charges, as defined below. (c) If Client cancels the Display from five (5) to thirty (30) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to thirty percent(30%) of the Purchase Price plus Additional Third Party Charges, as defined below. (d) if Client cancels the Display less than five (5) days prior to the day of the Display, Client agrees to pay Zambelli a cancellation fee equal to fifty percent(50%) of the Purchase Price plus Additional Third Party Charges, as defined below. (e) "Additional Third Party Charges" shall mean all costs and expenses incurred by Zambelli and paid or payable to third parties in connection with the Display, including but not limited to security fees, permits and licensing fees and expenses, barge and tow expenses, and firewatch fees. 12, Zambelli reserves the exclusive right to make minor modifications and substitutions to the Display, provided that such changes are reasonable and necessary and do not materially, adversely affect price, time of delivery, functional character or performance of the Display, 13, It shall be within Zambelli's and/or the Authority Having Jurisdiction's discretion to terminate the firing of the Display if any unsafe or unsuitable condition is identified, if such condition is not corrected, Zambelli may cancel the Display without further liability to Client for such canceliation. 14, The parties agree to cooperate with the regulatory authorities having jurisdiction over the Display, Including, but not limited to local fire and police departments, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Transportation, the Department of Homeland Security, and the USC6 (any such authority having jurisdiction over the Display is sometimes referred to herein as, the "Authority Having Jurisdiction"), The parties acknowiedge that such governmentai regulatory authorities having jurisdiction over the Display have the right to prohibit the Display until unsafe or unsuitable conditions are corrected. 15, This contract shall be deemed made In the Commonwealth of Pennsylvania and shall be construed In accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of law rules. The parties agree and consent to the jurisdiction of the courts of the Commonwealth of Pennsylvania and the Federal District Court for the Western District of Pennsylvania to decide all disputes regarding this Contract, 16, If Client becomes bankrupt or Insolvent, or if a petition in bankruptcy is filed by or against Client or if a receiver is appointed for Client, Zambelli may refuse to perform under this Contract and may terminate this Contract without prejudice to the rights of Zambeiii, if Client's financiai condition becomes unsatisfactory to Zambelli, Zambelli may require that Client deposit the balance of the Purchase Price in escrow or provide sufficient proof of its ability to pay the balance of the Purchase Price, 17, Except to the extent, if any, specifically provided to the contrary herein, in no event shaii Zambeiii be liable to Client for any indirect, special, consequential, incidental or punitive damages or lost profits, however caused and on any theory of liability (including negiigence of any kind, strict liability or tort) arising in any way out of this contract, whether or not Zambelli has been advised of the possibility of damages. 18, If Client fails to pay the monies due under this Contract, Zambelli is entitied to recover the balance due plus interest at one and one-haif percent(1 % %) per month on amounts past due sixty (60) days or more. Further, Revised 2-12-18 M:\Word\Contracts -3 DocuSign Envelope ID: 499E0661-DCAB-4E9A-8B2C-46255E435237 on balances outstanding one hundred twenty (120) days or more, Zambelli is entitled to recover the balance due, plus accrued interest, plus attorneys fees often percent (10%) of the amount past due, plus court costs, or, if less, the maximum amount permitted by law. 19. This Contract shall not be construed to create a partnership or joint venture between the parties or persons mentioned herein. 20. Each party hereunder shall be excused for the period of delay in the performance of any of its obligations hereunder and shall not be liable for failure to perform or considered in default hereunder, when prevented from so performing by a cause or causes beyond its reasonable control, including but not limited to fire, storm, earthquake, flood, drought, accident, explosion, operation malfunction, or interruption, strikes, lockouts, labor disputes, riots, war (whether or not declared or whether or not the United States is a member). Federal, state, municipal or other governmental legal restriction or limitation or compliance therewith, failure or delay of transportation, shortage of, or inability to obtain materials, supplies, equipment, fuel, power, labor or other operational necessity, interruption or curtailment of power supply, or act of God, nature or public enemy. 21. This Contract constitutes the sole and entire understanding of the parties with respect to the matters contemplated hereby and supersedes and renders null and void all prior negotiations, representations, agreements and understandings (oral and written) between the parties with respect to such matters. No change or amendment may be made to this Contract except by an instrument in writing signed by each of the parties. 22. Notices, consents, requests or other communications required or permitted to be given by either party pursuant to this Contract shall be given in writing by first class mail, postage prepaid addressed as follows: if to Zambelli, to the address set forth below; if to Client, to 15700 Bagiev Rd. Middleburq HtS OH 44130 23. This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. The exchange of copies of this Contract and of signature pages by facsimile transmission shall constitute effective execution and delivery of this Contract as to the parties and may be used in lieu of the original Contract for all purposes. This Contract and all the rights and powers granted by this Contract shall bind and inure to the benefit of the parties and their respective successors and assigns. 24. WITNESS WHEREOF, we set our hands and seals to the agreement in duplicate the day and year first above written. FOR Client: FOR:Zambelli Fireworks Manufacturing Co. BY BY date date Charles Bichara Printed Name and Title Printed Name and Title Please sign contract where indicated for Client and return all copies for final acceptance to: Zambelli Fireworks Manufacturing Co. 120 Marshall Drive Warrendale,PA 15086 724-658-6611 800-245-0397 FAX 724-658-8318 Revised 2-12-18 M:\Word\Contracts -4 4 DocuSign Envelope ID: 499E0661-DCAB-4E9A-8B2C-46255E435237 Zambelli FIREWORKS Communication Sheet Communications Sheet must be completed in its entirety each year. Our insurance carrier requires a newly completedform each year. A Zambelli Fireworks representative will use this sheet to contact you. Customer Information Show Information Customer Name Show Date Address Rain Date City, State, Zip Time of Show E-mail Duration of Show Firing Site Location Storage Site Location Description Description Site contact Name Site Contact Name Phone Number Phone Number Address Address City, State, Zip City, State, Zip Main Contact A/P Billing Contact Name Name Address Address City, State, Zip City, State, Zip Home Phone Number Home Phone Number Fax Number Fax Number Office Number(& ext.) Office Number(& ext.) Cell Number Cell Number E-Mail E-Mail Alternate Contact Show Day Contact Name Name Address Address City, State, Zip City, State, Zip Home Phone Number Home Phone Number Fax Number Fax Number Office Number(& ext.) Office Number (& ext.) Cell Number Cell Number E-Mail E-Mail SAFE SHOWS ARE A RESULT OF PROPER PLANNING! 120 Marshall Dr. Warrendale, PA 15086 (724) 658-6611 www.zambellifireworks.com DocuSign Envelope ID: 499E0661-DCAB-4E9A-8B2C-46255E435237 Zambelli FIREWORKS Required Insurance Requisition Form Customer Name Address City State Zip Display Date Rain Date Location of Display City State Zip Name all Additional Insured Name & Address of Display Site Property Owner Certificate to be issued to: Address City State Zip Title Phone * This form must be returned with your signed contract for the insurance certificate to be processed. Our insurance company requires that we have this form in addition to the signed contract prior to the certificate being issued. 120 Marshall Dr. Warrendale, PA 15086 (724) 658-6611 www.zambellifireworks.com  DocuSign Envelope ID: 499E0661-DCAB-4E9A-8B2C-46255E435237 Zambelli Fireworks 120 Marshall Drive VVarrendalc, PA 15086 724-658-6611 wvvw.zainbcllinreworks.com (Fax) 724-658-8318 2021 REQUIRED DIAGRAM AND FIRING SITE INFORMATION Our goal is to provide you with the BEST possible display for your event dollar, under the safest conditions. It is a requirement of our Insurance Carrier and the authority having jurisdiction that a SCALE firing site diagram or aerial photograph be provided showing accurate distances in ALL DIRECTIONS to buildings, spectators, parking and bulk storage facilities, as well as roadways and highways that will remain open during the fireworks presentation. The scale firing site diagram or aerial photograph must clearly indicate the safety zone hnes and limits that have been established for this program. An approved SCALE firing site diagram could be kept on file for future reference! Insurance Certificates will not be processed -unless an approved firing site diagram or aerial photograph has been submitted. Please use the following checklist to assist you in submitting your map or diagram. If an item is not applicable to your situation, please insert N/A. Distances from the firing site to the following: 1) Spectators/Audience/Viewing Area Feet 2) Parking Areas Feet 3) Occupied Buildings;(Residents) Feet 4)Public Buildings:(Schools, Churches, Hospitals Correctional Facilities, Etc.) Feet 5) Fuel Pumps/Storage, Explosive/Toxic Material Storage (Gasoline Stations, Refineries, Etc.) Feet 6)Temporary Event Set-ups: (Tents, Carnival Rides, Concession Stands, Etc.) Feet 7) Highways, Roads, Streets, Etc. Feet 8) Overhead Obstructions:(Power Lines, Lighting, Etc.) Feet 9) Active Railroads Feet 10) Operating airports Nautical Miles Firing Site Location Coordinates Firing Site Location Latitude: (North Firing Site Location Longitude: _ (West) Signature Title Date SAFE SHOWS ARE A RESULT OF PROPER PLANNING! Revised 2 12-18 M '.VVord’.Cunlract.s