Res No 121-18-15154RESOLUTION NO. 121-18 -1 51 5 4
A Resolution authorizing the City Manager to enter into a multi -year Interlocal Agreement with Miami
Dade County for canal maintenance for the Ludlam Glades and Broad Canals for an amount not to
exceed $95,300 annually.
WHEREAS, the Mayor and City Commission wish to provide canal maintenance along the Miami
Dade County canal (Ludlum Glades and Broad Canals); and
WHEREAS, an Interlocal Agreement has been created between Miami Dade County and the City
of South Miami for the purpose of sharing the cost for the maintenance; and
WHEREAS, Miami Dade County shall provide canal maintenance services as set forth in the
Interlocal Agreement for the Ludlam Glades, from SW 52nd Street to SW 80th Street, and Broad Canal the
South side of SW 58d' Street culvert to SW 62thStreet; and
WHEREAS, the total annual expenditure, including the mechanical harvesting amount, is not to
exceed $95,300; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to enter into a
Agreement with Miami Dade County for routine canal maintenance for the Ludlam Glades and Broad Canals
and to provide a funding source.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT;
Section I. The City Manager is authorized to enter into a Interlocal Agreement with Miami Dade
County for routine canal maintenance for the Ludlam Glades and Broad Canals for the amount not to exceed
$95,300 annually. A copy of the agreement is attached.
Section 2. The expenditure shall be charged to the Stormwater Trust Fund account number I I I -
1730-541-6490 which has a balance of $156,050 before this request was made.
Section 3. In any section clause, sentence, or phrase of this resolution is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the
remaining portions of this resolution.
Section 4. This resolution shall take effect immediately upon adoption.
pg. 2,of Res. No. 121-13-15154
PASSED AND ADOPTED this1 9thday of June 2018.
EST: APPROVED:
t
riTY CLERK MAYO
COMMISSION VOTE: 5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Item No:11.
City Commission Agenda Item Report
Meeting Date: June 19, 2018
Submitted by: Nkenga Payne
Submitting Department: City Manager
Item Type: Resolution
Agenda Section: RESOLUTION(S) PUBLIC HEARING(S)
Subject:
A Resolution authorizing the City Manager to enter into a multi -year Interlocal Agreement with Miami Dade
County for canal maintenance for the Ludlam Glades and Broad Canals for an amount not to exceed $220,290
annually.
315
(City Manager)
Suggested Action:
Attachments:
Memo interlocal MDC canalF sa.docx
Reso CanalMaintenance interlocal with MDC 2018CArev3.docx
IA South Miami (FY 18-20) IA 5-15-18.doc
Attachment A - Yo Share 2-27-18.xls
Attachment B - Cost Share 5-15-18.xis
Stormwater Fund FY18.xlsx
Miami Herald Advertisement.pdf
MDBR Advertisement - Ludlam Glades & Broad Canals.pdf
DBR Ad. pdf
MH Ad. pdf
1
South M iami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE: May 15, 2018
Agenda Item No.:
SUBJECT: A Resolution authorizing the City Manager to enter into a Interlocal Agreement with Miami
Dade County for canal maintenance for the Ludlam Glades and Broad Canals for an amount
not to exceed $ 220,290 annually, beginning March 1, 2018 and ending September 30, 2020,
to be funded from Stormwater Trust Fund.
BACKGROUND: In an effort to continue the routine maintenance partnership, Miami Dade County has
submitted the attached agreement to maintaining the City's Ludlam Glades and Broad
Canals Systems. With this agreement, Miami Dade County will provide mechanical culvert
maintenance, mowing of the slope and obstruction removal services including mechanical
harvesting as needed, commencing on March 1, 2018 and ending September 30, 2020. By
written mutual agreement of the City and County, the Agreement may get extended for
additional two (2) years, from October 1, 2020 to September 30, 2022.
THIS ROUTINE MAINTENANCE WILL:
■ PROTECT AND PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE THROUGH THE
MANAGEMENT OF STORMWATER RUN-OFF
■ MAINTAIN AND IMPROVE WATER QUALITY AND PRESERVE AND ENHANCE THE ENVIRONMENTAL
QUALITY OF RECEIVING WATER
• CONTROL FLOODING AND RESULTS FROM RAINFALL EVENTS
• DETER UNMANAGED RAINWATER FROM ERODING SANDY SOILS AND CAUSING SEDIMENTATION
■ HELP PRESERVE THE HABITAT OFAQUATIC PLANTS AND ANIMALS
■ PROMOTE INTERGOVERNMENTAL COOPERATION IN EFFECTIVELY AND EFFICIENTLY MANAGING
STORMWATER RUN-OFF.
The annual cost is estimated at $141.790. As requested by the City, the County will perform
Mechanical Harvesting to control the growth of aquatic plants in favor of the traditional
practice of using Herbicide Treatments. However, if it is not feasible to perform Mechanical
Harvesting due to limited access to body of water or if this method proves ineffective in
controlling aquatic plants growth, the County will use Herbicide Treatment to ensure the
necessary flow in the water body. The projected cost to the City of managing this expanded
coverage area with Herbicide Treatment is projected to be approximately $140,000.
The cost is the maximum estimated annual cost, and the County only invoices actual work
performed.
AMOUNT: Amount not to exceed $220,290 annually, $128,502 for 2017/2018.
Account: The expenditure shall be charged to Stormwater Trust Fund account number;
111-1730-541-3450 which has a balance of $63,113 before this request was made.
111-1730-541-6490 which has a balance of $156,350 before this request was made.
2
ATTACHMENTS: Resolution
Agreement
0 soutH, I {Miami
111I: CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager - 19
04
se'd
DATE: June 17, 2018
Agenda Item No.: V 8
SUBJECT: A Resolution authorizing the City Manager to enter into a Interlocal Agreement with Miami
Dade County for canal maintenance for the Ludlam Glades and Broad Canals for an amount
not to exceed $ 95,300 annually, beginning March 1, 2018 and ending September 30, 2020,
to be funded from Stormwater Trust Fund. By written mutual agreement of the City and
County, the Agreement may get extended for additional two (2) years, from October 1, 2020
to September 30, 2022.
BACKGROUND: In an effort to continue the routine maintenance partnership, Miami Dade County has
submitted the attached agreement to maintaining the City's Ludlam Glades and Broad
Canals Systems. With this agreement, Miami Dade County will provide culvert maintenance,
mowing of the slope and obstruction removal services including the mechanical harvesting
if needed, commencing on March 1, 2018 and ending September 30, 2020. By written
mutual agreement of the City and County, the Agreement may get extended for additional
two (2) years, from October 1, 2020 to September 30, 2022.
THIS ROUTINE MAINTENANCE WILL:
n PROTECT AND PROMOTE THE PUBLIC HEALTH.. SAFETY AND GENERAL WELFARE THROUGH THE
MANAGEMENT OF STORMWATER RUN-OFF
MAINTAIN AND IMPROVE WATER QUALITY AND PRESERVE AND ENHANCE THE ENVIRONMENTAL
QUALITY OF RECEIVING WA TIER
13 CONTROL FLOODING AND RESULTS FROM RAINFALL EVENTS DETER UNMANAGED RAINWATER FROM
ERODING SANDY SOILS AND CAUSING SEDIMENTATION
• TO HELP PRESERVE THE HABITAT OF AQUATIC PLANTS AND ANIMALS
o PROMOTE INTERGOVERNMENTAL COOPERATION IN EFFECTIVELY AND EFFICIENTLY MANAGING
STORMWATER RUN-OFF.
As requested by the City, the County whenever possible will perform Mechanical Harvesting
to control the growth of aquatic plants in favor of Herbicide Treatments. However, if it is
not feasible to perform Mechanical Harvesting due to limited access to body of water or if
this method proves ineffective in controlling aquatic plants growth, the County will use
Herbicide Treatment to ensure the flow in the water body.
The cost is the maximum estimated annual cost, and the County only invoices actual work
performed.
AMOUNT: Amount not to exceed $95,300 annually, $55,591 for 2017/2018.
Account: The expenditure shall be charged to Stormwater Trust Fund account number;
111-1730-541-6490 which has a balance of $156,050 before this request was made.
ATTACHMENTS: Resolution
Agreement
MIAMI--DADE COUNTY, FLORIDA
MIMI m
STORMWATER MANAGEMENT
INTERLOCAL AGREEMENT
between
THE CITY OF SOUTH MIAMI
AND
THE MIAMI-DADE COUNTY STORMWATER UTILITY
MIAMI-DADE COUNTY
STORMWATER UTILITY (305) 372-6688
701 NORTHWEST FIRST COURT, SUITE 500
MIAMI, FL 33136
STORMWATER MANAGEMENT
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI (CITY)
AND
THE MIAMI-DADE COUNTY STORMWATER UTILITY (UTILITY)
THIS INTERLOCAL AGREEMENT, [the "Agreement"] by and between the Miami -
Dade County Stormwater Utility, a public body corporate and politic, through its governing
body, the Board of County Commissioners of Miami -Dade County, Florida [hereinafter
sometimes referred to as "UTILITY",] and the City of South Miami, a Florida Municipal
Corporation, through its governing body, the South Miami City Commission of the City of South
Miami, Florida [hereinafter sometimes referred to as "CITY',] is entered into as follows:
WITNESSETH
WHEREAS, Section 403.0893, Florida Statutes (F.S.), authorizes the establishment of
stormwater utilities to plan, construct, operate, and maintain stormwater management systems;
and
WHEREAS, the Board of County Commissioners of Miami -Dade County, did, by
adoption of Miami -Dade County Ordinances No. 91-66 and Ordinance No. 91-120, as amended
by Ordinance Nos. 92-44 and 92-86, create a stormwater utility [hereinafter referred to as the
"UTILITY"], and which UTILITY may operate within a municipality or municipalities; and
WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement, to
establish relationships and responsibilities for the maintenance of shared stormwater systems by
the CITY and the UTILITY; and
WHEREAS, the UTILITY and the CITY recognize that there are operating costs, as well
as benefits, associated with maintaining shared stormwater drainage systems; and
WHEREAS, the UTILITY and the CITY want to share these costs in proportion to the
drainage area, the service provided, and the benefits received,
Now, therefore, in consideration of the mutual promises and covenants contained herein
and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows:
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ARTICLE I
PURPOSES
The UTILITY and the CITY enter into this Agreement to further the following
purposes:
(1) to protect and promote the public health, safety, and general welfare through the
management of stormwater run-off;
(2) to maintain and improve water quality and preserve and enhance the
environmental quality of the receiving waters;
(3) to control flooding that results from rainfall events;
(4) to deter unmanaged rainwater from eroding sandy soils and causing
sedimentation;
(5) to help preserve the habitat of aquatic plants and animals;
(6) to promote intergovernmental cooperation in effectively and efficiently managing
stormwater run-off;
(7) to maintain and repair shared stormwater systems located within the limits of the
drainage service areas in accordance with the approved plans. These include maintaining canals,
and any required maintenance of flow control structures and stormwater pump stations and their
mechanical and electrical components; maintaining stormwater systems as determined by
conditions of the system, prevailing environmental conditions, and the level of service
established.
(8) to provide a mechanism for the UTILITY and the CITY to share and allocate the
cost of maintaining and repairing shared stormwater drainage systems as stated in (7), above.
ARTICLE II
DEFINITIONS
Agreement shall mean this document, including any written amendments, attachments,
and other written documents, which are expressly incorporated by reference.
Stormwater Management Plans shall mean stormwater management plans developed by
both the CITY and by the UTILITY, to meet the required level of service as established in their
respective stormwater management programs or master plan pursuant to Florida Statute
403.0891.
CITY Stormwater Utilily Budget shall mean the CITY's developed and approved fiscal
year budget which includes a component for stormwater management of its drainage system,
including capital and operating outlays necessary to maintain the level of service established in
the CITY's Stormwater Management Plans.
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Utility Stormwater Budget shall mean the UTILITY's developed and approved fiscal
year budget for stormwater management of its drainage system, including capital and operating
outlays necessary to maintain the level of service established in the Utility's Approved Plans.
Shared Stormwater Drainage System shall mean that portion of the drainage system
owned by either the CITY or the UTILITY to which both the CITY and the UTILITY contribute
stormwater runoff and which is further identified in Attachment "A".
Costs allocable to the CITY shall mean those portions of the actual maintenance and
operating outlays budgeted by the UTILITY in its yearly budget process, which are allocated to
the CITY based on the CITY's relative stormwater runoff contribution to the shared portion of
the stormwater drainage system of the UTILITY.
Costs allocable to the Utility shall mean those portions of the actual maintenance and
operating outlays budgeted by the CITY in its yearly budget process, which are allocated to the
UTILITY based on the UTILITY's relative stormwater runoff contribution to the shared portion
of the stormwater drainage system of the CITY.
Operating_ Outlays shall mean expenses budgeted by the CITY and the UTILITY which
are actual expenses incurred in each fiscal year, which due to their nature are considered
reoccurring expenses to sustain yearly stormwater drainage operations.
Capital Outlays shall mean expenses budgeted by the CITY and the UTILITY which are
actual expenses incurred in each fiscal year, which due to their nature are considered non -
reoccurring and producing a long term benefit to the users. The yearly charges allocable to the
CITY or to the UTILITY shall be that amount prorated, plus interest charges and administrative
fees, for no longer than the calculated useful life of the capitalized item in no case exceeding 20
years. A separate Interlocal Agreement is required for any approved Capital Outlays that may be
amortized beyond the life of this Agreement.
Fiscal Year shall mean the period beginning on October 1 and ending on September 30 of
the following year.
Force Ma
jeure shall mean an act of God, epidemic, lightning, earthquake, fire, explosion,
hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection,
riot, general arrest or restraint of government and people, civil disturbance or similar occurrence,
which has had or may reasonably be expected to have a material adverse effect on the rights or
obligations under this Agreement, and which, by the exercise of due diligence, such parties shall
not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather (except
as noted above) or the acts or omissions of subcontractors, third -party contractors, material men,
suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by
the definition set forth above.
Maintenance is defined by, and limited to, the tasks listed in the Attachment "B" or other
related stormwater drainage tasks agreed to by both parties' Project Managers.
Project Manager shall mean the persons designated by the CITY and by the UTILITY to
serve as the representative of each for the purposes of exchanging communications and to issue
and receive directives pursuant to and within the powers provided under this Agreement.
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Written notice shall mean written communication between the Project Managers.
ARTICLE III
STATEMENT OF WORK
The CITY AND the UTILITY shall fully and timely perform all work tasks described in
this Statement of Work:
The CITY shall maintain and repair shared stormwater systems located within the limits
of the drainage service areas in accordance with this Agreement and the CITY's stormwater
management plan. The CITY shall be responsible for maintaining aesthetic conditions only on
canals and other water bodies within the CITY's boundary by providing for litter and minor
debris removal as needed, and at no cost to the County.
The UTILITY shall maintain, repair, and enhance shared stormwater management
systems located within the limits of the drainage service areas in accordance with Attachment
"A" and Attachment "B".
The CITY's relative stormwater runoff contribution to the UTILITY's shared drainage
system and the UTILITY's relative stormwater runoff contribution to the shared drainage system
is depicted in Attachment "A".
ARTICLE IV
TERM OF THE AGREEMENT
This Agreement shall commence on March 1, 2018 and end on September 30, 2020,
provided however, either party may terminate this Agreement without cause prior to the
expiration date upon one (1) year's advance written notice to the other party of its decision to
terminate this Agreement.
Upon mutual written consent of the parties, this Agreement may be extended for a term
of two (2) additional years, from October 1, 2020 to September 30, 2022.
ARTICLE V
CITY AND UTILITY RESPONSIBILITIES
A. Upon the request of either the CITY or the UTILITY, each shall share
information in matters related to operations, maintenance, design and construction costs and cost
allocation determinations associated with shared drainage systems.
B. The CITY and the UTILITY shall provide notice to each other, as provided, in
this Agreement designating their respective Project Manager. Each shall promptly notify each
other of any change in the Project Manager designation by written notice as specified in this
Agreement.
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C. Commencing with Fiscal Year 2018, and after approval of the Agreement, the
costs allocable to the CITY and the costs allocable to the UTILITY based on the relative
stormwater runoff contribution to each other's shared portion of the stormwater drainage systems
are included in this Agreement and presented as described in Attachment "B". Estimated total
expenditures for the term of this Agreement are also included and shall not be exceeded.
D. The tasks and levels of service set forth in Attachment "B" may be adjusted by
the UTILITY with_ prior notice to the CITY due to prevailing environmental conditions,
maintenance needs, or ownership, provided that the total annual estimated expenditures are not
exceeded. The CITY may also request modifications to the tasks or level of services set forth in
Attachment "B". Any such work requested by the CITY shall commence within reasonable time
after the request has been made to the UTILITY. If the tasks and level of service must be
adjusted in such a manner that the annual estimated expenditure will be exceeded in any given
year, then prior written approval by both parties' Project Managers must be obtained. However,
the total five-year cost of the Agreement shall not be exceeded.
E. Payments by the CITY are to be made within 30 days after the bill presentation.
In the event of a dispute on the billed amount, the CITY may notify the UTILITY of the nature
of the dispute and the UTILITY shall make arrangements for the pertinent records to be made
available for inspection by the CITY, as indicated under Article V (H) of this Agreement. Upon
msolution of the dispute, payments by the CITY are to be made within 30 days. In the event of
an overpayment by the CITY, the UTILITY shall reimburse the CITY within 30 days after
verification of the overpayment by the UTILITY.
F. The CITY and the UTILITY shall maintain financial records pertaining to this
Agreement for five (5) years after the expiration of this Agreement, and shall make them
available for inspection and copying at the place where the records are maintained within a
reasonable time after receiving a records request.
G. The CITY and the UTILITY shall each be responsible for procuring
independently all necessary permits in the performance of their respective work under this
Agreement.
H. The CITY and the UTILITY shall each comply with all applicable regulations,
ordinances and laws in effect in the performance of this Agreement.
I. If requested, the UTILITY will provide a tentative yearly maintenance schedule at
the beginning of each fiscal year. As an update to the yearly maintenance schedule, the UTILITY
will coordinate (via e-mail or telephone) with the CITY within 48 hours prior to commencing
work in the CITY. The UTILITY contact for maintenance activities will be the Chief of Miami -
Dade County Department of Transportation and Public Works Road, Bridge, and Canal
Maintenance Division.
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ARTICLE VI
NO THIRD PARTY BENEFICIARIES OR OTHER PARTIES TO THE AGREEMENT
A. It is the intent and understanding of the parties that this Agreement is solely for
the CITY and the UTILITY. No person or entity other than the CITY or .the
UTILITY shall have any rights or privileges under this Agreement in any capacity
whatsoever, either as a third -party beneficiary or otherwise.
B. Nothing in this Agreement expressed or implied is intended to confer upon any
person other than the parties hereto any rights or remedies under or by reasons of
this Agreement.
ARTICLE VII
DEFAULT
CITY Event of Default
Without limitation, the failure by the CITY to substantially fulfill any of its material
obligations in accordance with this Agreement, unless such failures are justified by Force
Majeure, shall constitute a "CITY event of default". The UTILITY shall not be required to
provide one year prior notice as required under Article IV before terminating this Agreement for
default. If the UTILITY determines that a CITY event of default has occurred, the UTILITY
shall provide written notice of such default to the CITY and allow the CITY a thirty (30)
calendar day period to rectify the "CITY event of default".
In the event that the UTILITY determines that the CITY event of default has not been rectified,
the UTILITY shall have the right to terminate the Agreement with the following cumulative and
independent rights and remedies:
1. The right to declare that this Agreement together with all rights granted to the
CITY are terminated, effective upon such date as is designated by the UTILITY.
2. Any and all rights and remedies provided under federal laws and the laws of the
State of Florida.
UTILITY Event of Default
Without limitation, the failure by the UTILITY to substantially fulfill any of its material
obligations in accordance with this Agreement, unless such failures are justified by Force
Majeure, shall constitute a "UTILITY event of default". The CITY shall not be required to
provide one year prior notice as required under Article IV before terminating this Agreement for
default. If the CITY determines that a UTILITY event of default has occurred, the CITY shall
provide written notice of such default to the UTILITY and allow the UTILITY a thirty (30)
calendar day period to rectify the "UTILITY event of default".
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In the event that the CITY determines that the UTILITY event of default has not been rectified,
the CITY shall have the right to terminate the Agreement with the following cumulative and
independent rights and remedies:
1. The right to declare that this Agreement together with all rights granted to the
UTILITY are terminated, effective upon such date as is designated by the CITY.
2. Any and all rights and remedies provided under federal laws and the laws of the
State of Florida.
ARTICLE VIH
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. The UTILITY and the CITY agree to submit to service of process and
jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this
Agreement or a breach of this Agreement. Venue for any court action between the parties for
any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, or in the United States District Court for the
Southern District of Florida, in Miami -Dade County, Florida.
ARTICLE IX
ENTIRETY OF AGREEMENT
The parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this Agreement, and
that this Agreement contains the entire agreement between the parties as to all matters contained
herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written. It is further agreed that
any oral representations or modifications concerning this Agreement shall be of no force or
effect, and that this Agreement may be modified, altered or amended only by a written
amendment duly executed by both parties hereto or their authorized representatives.
ARTICLE X
HEADINGS
Captions and headings in this Agreement are for ease of reference only and do not
constitute a part of this Agreement and shall not affect the meaning or interpretation of any
provisions herein.
ARTICLE XI
(intentionally left blank)
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ARTICLE XII
REPRESENTATION OF CITY
The CITY represents that this Agreement has been duly authorized, executed and
delivered by the City Commission of the City of South Miami, as the governing body of the
CITY and it has the required power and authority to perform this Agreement and has granted the
CITY Manager or the CITY Manager's Designee the required power and authority to perform
this Agreement.
ARTICLE XIII
REPRESENTATION OF UTILITY
The UTILITY represents that this Agreement has been duly approved, executed and
delivered by the Board of County Commissioners, as the governing body of the UTILITY, and it
has granted the Miami -Dade County Mayor or the Mayor's Designee the required power and
authority to perform this Agreement.
ARTICLE XIV
WAIVER
There shall be no waiver of any right related to this Agreement unless in writing and
signed by the party waiving such right. No delay or failure to exercise a right under this
Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall
be limited to the particular right so waived and shall not be deemed a waiver of the same right at
a later time or of any other right under this Agreement.
ARTICLE XV
INVALIDITY OF PROVISIONS, SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent of
such prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Agreement, provided that the material purposes of this Agreement
can be determined and effectuated.
ARTICLE XVI
INDEPENDENT CONTRACTOR
The CITY shall perform all work and services described herein as an independent
contractor and not as an officer, agent, servant, or employee of the UTILITY. CITY shall have
control of the work performed in accordance with the terms of this Agreement and of all persons
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performing the same, and CITY shall be responsible for the acts and omissions of its officers,
agents, employees, contractors, and subcontractors, if any.
The UTILITY shall perform all work and services described herein as an independent
contractor and not as an officer, agent, servant, or employee of the CITY. UTILITY shall have
control of the work performed in accordance with the terms of this Agreement and of all persons
performing the same, and UTILITY shall be responsible for the acts and omissions of its
officers, agents, employees, contractors, and subcontractors, if any.
Nothing in this Agreement shall be construed as creating a partnership or joint venture
between the UTILITY and the CITY.
ARTICLE XVII
INDEMNIFICATION
The CITY shall indemnify and hold harmless the UTILITY and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's fees and
costs of defense, which the UTILITY or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of, relating to or resulting from the performance of this Agreement by the CITY or its
employees, agents, servants, partners, principals or subcontractors. CITY shall pay all claims
and losses in connection therewith and shall investigate and defend all claims, suits or actions of
any kind or nature in the name of the UTILITY, where applicable, including appellate
proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon.
Provided, however, this indemnification shall only be to the extent and within the limitations of
Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the CITY shall not be
held liable to pay a personal injury or property damage claim or judgement by any one person
which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when
totaled with all other claims or judgement paid by the CITY arising out of the same incident or
occurrence, exceed the sum of $300,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise as a result of the negligence of the
CITY.
The UTILITY does hereby agree to indemnify and hold harmless the CITY to the extent and
within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute
whereby the UTILITY shall not be held liable to pay a personal injury or property damage claim
or judgement by any one person which exceeds the sum of $200,000, or any claim or judgements
or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000
from any and all personal injury or property damage claims, liabilities, losses and causes of
action which may arise solely as a result of the negligence of the UTILITY. However, nothing
herein shall be deemed to indemnify the CITY from any liability or claim arising out of the
negligent performance or failure of performance of the CITY or any unrelated third party.
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IN WITNESS THEREOF, the parties hereto through their duly authorized representatives hereby
execute this Agreement.
Attest: CITY OF SOUTH MIAMI, FLORIDA
6130 Sunset Drive
South Miami, FL 33143
Attn: Mr. Steven Alexander, City Manager
(305)663-6338
Authorized signature on behalf
City Clefil U Date of the City of South Miami, Florida.
By: — %iq-
Manager Date
MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA AS GOVERNING
BODY OF THE MIAMI-DADE COUNTY
STORMWATER UTILITY
Mayor or Mayor's
Designee
Stephen P. Clark Center
I I I N.W. 1 Street
Miami, Florida 33128
HARVEY RUVIN, C
Attest:
By:
Deputy Clerk Date
ON ..
ny
IT
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ATTACHMENT "A"
A.1 - Percent Share Calculation Table
A.2 - Canals and Drainage Basins Map
ATTACHMENT "A.1"
CITY OF SOUTH MIAMI
CANAL DRAINAGE AREAS and % SHARE
CANALS AND DRAINAGE AREA (S0 MILES) % SHARE
FLOOD CONTROL STRUCTURES
LUDLAM GLADES CANAL:
1. City of South Miami 1.381 57ayo
2. Miami -Dade County 1.045 43%
LUDLAM GLADES STRUCTURE:
Same percent share as above
BROAD CANAL (N of SW 58 St culvert):
Fully enclosed by City N/A 100E0
:1
BROAD CANAL (S of SW 58 St culvert):
Fully enclosed by City N/A 100Q/ 1
Mi®ODE CITY OF SOUTH MIAMI
CANALS AND DRAINAGE AREAS
$VJ 40M sT
N
�I
SOUTH
m
MIAMI
UNINCORPORA
ED
t
MIAMI-DAD
E
1.045 sq miles
o
sw aalR ST
i
m
m
CORAL
GABLES
SW %TN ST
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it I
SW 58 ST CULVERT
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o
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Sw,&TRST
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SOUTH MIAMI
1.381 sq miles
0
J
3
NINCORPORATE
MIAMI-DADE
SW WTa ST
MP
SROiB
w SRB
e �B
s APPER CREEK CANA
I
sw as- sr
DFDEL DMnu
SW OPT T
PINECREST
LEGEND
m Ludlam Glades Structure
TOTAL DRAINAGE AREA = 2.426 sq miles
Drainage Basin Boundary
0 750 1,500 3,000 4,500 6,000
City of South Miami
Feel
Map: SoulhMiaM.nWx / FileBoulhMiaml.ptlf
Unincorporated Miami -Dade
Date:03119/2009 I By: MP
ATTACHMENT "B"
Five (5) Year Cost Share Table
(see attached exhibit)
ATTACHMENT "B"
Canal Maintenance Estimated Costs
City of South Miami
FY 2018 to 2020
Selected Level of Service Shown Shaded
Culvert Cleaning - Above Water
Canal
Cycles per Year
Municipality's
1
2
3
4
%Share
Cost
Ludlam Glades Canal
$2,000
$4,000"
$6,000
$8,000
57%
$2,280
Broad Canal (SW 58 St culvert)
$150
$300
$450
$600
100%
$300
Broad Canal (SW 62 Av culvert)
$250
$500
$750
$1,000
100%
$500
sub -total
$2,400
$4,800 $7,200
$9,600
$3,080
City's Annual Cost at Current Level of Service
(2 cycles) $3,080
Line Item i
Culvert Cleaning - Below Water
Canal
Cycles per Year
Municipality's
1
2-
3
4
%Sh are
Cost
Ludlam Glades Canal
$5,000
$10,000
$15,000
$20,000
57%
$5,700
Broad Canal (SW 58 St culvert)
$500
$1,000
$1,500
$2,000
100%
$1,000
Broad Canal (SW 62 Av culvert)
$500
$1,000
$1,500
$2,000
100%
$1.000
City's Annual Cost at Current Level of Service (2 cycles) $7,700
Line Item 2
Herbicide Treatment (Not scheduled: aerformed if neededl
Canal
Cycles per Year
Municipality's
1
2
3
4
% Share
Cost
Ludlam Glades Canal
$10,500
$21,000
$31,500
$42,000
57%
$11,970
Broad Canal (S of SW 58 St culvert)
$3,000
$61000
$9,000
$12,000
100%
$6,000
Broad Canal (N of SW 58 St culvert)
$2,500
$5,000
$7,500
$10,000
100%
$5,000
sub -total
$16,000
332,000
$48,000
$64,000
$22,970
City's Annual Cost at Current Level of Service (2 cycles) F $224q
Line Item 3
Mechanical
Canal
Cycles per
Year
Municipality's
1
2
3
4
% Share
Cost
Ludlam Glades Canal
$44,000
$88,000
$132,000
$176,000
57%
$25,080
Broad Canal (S of SW 58 St culvert)
$7,000
$14,000
$21,000
$28,000
100%
$7,000
Broad Canal (N of SW 58 St culvert)
$6,500
$13,000
$19,500
$26,000
100%
$6,500
sub -total
$57,500
$115,000
$172,500
$230,000
$32,080
City's Annual Cost at Current Level of Service (1 cycle)
Line Item 4
ATTACHMENT "B"
Canal Maintenance Estimated Costs
City of South Miami
FY 2018 to 2020
Mowine - Flat
Canal
Cycles per Year
Municipality's
1
2
3
4
% Share
Cost
Ludlam Glades Canal
57%
Broad Canal (S of SW 58 St culvert)
100%
Broad Canal N of SW 58 St culvert)
100%
sub -total
City's Annual Cost at Current Level of Service (0 cycles) 1 $0
Line Item 5
Mowing - Slone
Cycles per Year
Municipality's
Canal
1
2
3
; .
% Share
Cost
Ludlam Glades Canal
$500
$1,000
$1,500
i
57%
$1,140
Broad Canal (S of SW 58 St culvert)
$0
$0
$0
$0
.100%
$0
Broad Canal (N of SW 58 St culvert)
$0
$0
$0
100%
$0
sub -total
$500
$1,000
$1,500
M W
$1,140
City's Annual Cost at Current Level of Service (4 cycles)
Line Item 6
Ohstruction Removal [Not scheduled: nerformed if neededl
Canal
Per occurrence
Municipality's
`'-
% Share
Cost
Ludlam Glades Canal
Broad Canal (S of SW 58 St culvert)
Broad Canal (N of SW 58 St culvert)
`=
57%
100%
100%
$1,140
$2,000
$2,000
_
sub -total
;
$5,140
City's Annual Cost at Current Level of Service (1 event) T'
Line Item 7
Emereencv Renair / Preventative Mitigation fNot scheduled: performed if neededl
Canal
Per occurrence
Municipality's
1�
% Share
Cost
Ludlam Glades Canal
Broad Canal (S of SW 58 St culvert)
Broad Canal (N of SW 58 St culvert)
57%
100%
100%
$7,410
$5,000
$5,000
µ
r'
sub -total
`r
$17,410
City's Annual Cost at Current Level of Service (1 event)
Line Item 8
Flood Control Structure Maintenance
Structure Name
COMBINED TOTAL ANNUAL COST
ATTACHMENT "B"
Canal Maintenance Estimated Costs
City of South Miami
FY 2018 to 2020
Cycles per Year
1 12 _,26_
$390 $4,680
52 1 %Share I Cost
City's Annual Cast at Current Level of Service (26 cycles)
(numbers may appear off due to rounding)
MDC STORMWATER UTILITY ANNUAL COST SHARE
MDC STORMWATER UTILITY 3-YEAR COST SHARE (FY 2018 to 2020)
MDC STORMWATER UTILITY 2-YEAR COST SHARE (FY 2021 to 2022): option to renew
MDC STORMWATER UTILITY TOTAL 5-YEAR COST
CITY OF SOUTH MIAMI MAXIMUM ANNUAL COST
CITY OF SOUTH MIAMI MAXIMUM 3-YEAR COST (FY 2018 to FY 2020)
CITY OF SOUTH MIAMI MAXIMUM 2-YEAR COST (FY 2021 to FY 2022): option to renew
CITY OF SOUTH MIAMI MAXIMUM 5 YEAR COST
Line Item 9
$147,440
$52,140
156,421
104,280
$2b0,701
595,300
Line Items 1 through 9
NOTES:
(1) Costs are estimated costs based on the proposed Level of Service.
(2) Canal maintenance does not include aesthetic cleaning such as debris or litter removal.
(3) Obstruction Removal will be performed at the County's discretion, and may Include tasks such as Dead Animal Removal, Cut
Vegetation, and Debris Removal by Hand.
(4) Emergency Repair/Preventatative Mitigation requires City's approval of cost -share estimate prior to performing any such
work (e.g. canal bank stabilization, headwall repair, post -storm cleanup)in order to invoice the City.
(5) In -water Herbicide Treatment to be performed only as an alternative to Mechanical Harvesting, to ensure flow, and at the
discretion of the County.
(6) Out -of -water Herbicide Treatmentw1116e performed within the limits of the City, only at the City's request. If not requested,
the City will be responsible to maintain vegetation on the banks of the canals within the boundaries of the City, and at no cost
to the County.
(7) The City agrees to pay its cost share of post Hurricane Irma canal cleanup through this Agreement
$285,899
$190,600
$476,499
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
KESHA BASSUE, who on oath says that he or she Is the
LEGAL CLERK Legal Notices of the Miami Daily Business
Review //k/a Miami Review, a daily (except Saturday,
Sunday and Legal Holidays) newspaper, published at Miami
in Miami -Dade County, Florida; that the attached copy of
advertisement, being a Legal Advertisement of Notice In the
matter of
NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI -
JUNE 5, 2018
in the XXXX Court
was published in said newspaper in the issues of
05/18/2018
Affient further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dad
e County, Florida and that the mid newspaper has
heretofore been continuously published In said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affianl
further says that he or she has neither paid nor promised any
person, Finn or corporation any discount rebate, commission
or refund for the purpose of securing this advertisement for
publication in the said newspaper.
Sworn to apil subscribed before me
18 MAY. A,6.2018
KESHA BASSUE personally known to me
BARBARATHOMAS
Commission# GG 121171
Expires November 2,2021
•''y',yd„,M?:• 8endsd ThruTmyfainlmurasoe800385.10t9
se.urb
n
�m 1927
C gill)
CITY OF SOUTH MU1M1 .
— `161= DF'PUBLIC HEARINGS—
HOWE IS HEREBY given that the City Commission of the City of South
Miami, Flodda will conduct Public Hearings) at Its regular City Commission
meeting. scheduled for Tuesday, June 5, 2018, beginning at 7:00 p.m.,
In the City Commission Chambers, 6130 Sunset Drive, to Consider the
following item(s1- '
A Revolution. authormng the City Manager to enter Into a multi -year
Interlocei Agreement with Miami Dade County for camel maintenance
for the Ludlam Glades and Broad Canals for an amount not to exceed
$220,290 annually.
ALL Interested parties are Invited to attend and will be heard.
For further information, please contact the City Clerk's Office at
30-683.8340.
Maria M. Menendez, CIVIC
City Clerk -
Pursuant to Florida Statutes 286.0105e hereby y the misthe public
Board, Agency
it* iffi
a n decidesto appeal any decision
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, aria that for such
purpose, affected parson may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based. 5/18 __. 1&78/000IX319754M
__ ._ _ ____.
22
ssE I I NEIGHBORS I SUNDAY MIAMIHnRtazots
MUIMUHERAlD.1:0Ai
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearing(s) at its regular City
Commission meeting scheduled for Tuesday, June 19, 2018, beginning
at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to
consider the following item(s):
A Resolution authorizing the City Manager to - enter into a
multi -year Interlocal Agreement with Miami Dade County for
canal maintenance for the Ludlam Glades and Broad Canals for
an amount not to exceed $220,290 annually.
A Resolution authorizing the City Manager to enter into an sole
source agreement with SUPERION, LLC the current sole source
vendor for TRAKiT Software License and Services, for the sum
of $33,640.00. ALL interested parties are invited to attend and
will be heard.
A Resolution of the City of South Miami, Florida, ratifying the
correction to Resolution No. 107-18-15140 for the placing of a
question on the August 28, 2018, primary election ballot seeking
voter approval of an amendment to the City's Charter, Article II,
Section 6D, reducing voting requirements needed to amend land
use and development regulations in certain commercial, industrial,
and mixed -use areas near the South Miami Metrorail Station.
An Ordinance related to the fee schedule; amending Ordinance
07-18-2296 to increase some fees, to add new fees, and to delete
some fees related to the tennis fee schedule at Dante Fascell Park.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at:
305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board, Agency
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, and that for such
purpose, affected person may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.
Miami -Dade County Residential Home Sales Summary
Single Family Homes 1 ,
Munidpalitles and Census -Designated Places• a12017 F I o r i r I a Realtors
Pet. Of Orlg.
Months
Name of County, Municipality,
Closed
y/y % Medlan Sale
y/y %
Ust Price Medlan Time
Supply of
or CDP*
Sales
Chg.
Price
Chg.
Received
to ContrW
Inventory
miomt'DO& courtly
4024
s.Ssl
S.11437S
1s gn
95.01:
snow
S.8
Aventura (City)
4
-20.0%
$868,750
-21.0%
89.60A
374 Days
12.0
Ba) Harbour (VSlage)
0
•100.0%
(No Safes)
N/A
(No Sales)
("SAW
40.0
Bay Harbor Islands (Town)
2
loo.0%
$4,200,000
171.096
87.61A
366 Days
8.0
Bheayne Park (Ydlage)
15
114.3%
$475,000
17.3%
93.411
121 Days
3.6
Brownsville (CDP)
23
.14.8%
$149,000
"3%
94.0%
64 Days
1.1
Coal Gables (City)
96
-17.2%
$859,075
-10.9%
915%
122 Days
4.9
Coal Terrace (CDP)
30
-21.2%
$302,92S
-LO%
962%
91 Days
2.0
Country Club (COP)
14
-22.2%
$322,500
-4.9%
94396
S6 Days
1.0
Country Walk (CDP)
28
•39.1%
$325,000
10.2%
95.2%
62 Days
0.9
Cutler an (Town)
107
-16.4%
$287,OW
122%
9S.3%
61 Days
1.2
Doral (City)
47
27.0%
$SZDAW
20.9%
91.4%
2t2 Days
12S
El Portal Mom)
11
57.1%
S385.060
•2.0%
91.S%
126 Days
1.7
Fisher Island (CDP)
0
N/A
(No Saks)
N/A
(No Saks)
INo Safes)
0.0
Florida City (City(
7
-22-A
$135,000
16.4'%
91.1%
110 Days
0.7
Fountainebleau (CDP)
7
Sa 8%
$360,000
32.1%
92.1%
115 Days
9.3
Giadevfew(CDPJ
15
-&3%
$1191000
47.1%
91.1%
81Da"
IA
Gkrnar Heights (CDP)
13
-IM
S736,000
-2.5%
91.591
139 Days
S.0
Golden Beach (rows)
2
-33.3%
S3,050,000
•47.0%
71.8%
378 Days
SO.0
Golden Glades (CDP)
35
-23.9%
$254,375
30.4%
95.5%
52 Days
1.9
Goulds (CDP)
16
-38.5%
$230,000
4.8%
95.9%
76 Days
1.6
Hlataah (City)
96
-17.9%
S275,000
12.296
95.3%
59 Days
3A
Hialeah Gardens (City)
a
-S0.0%
$283,500
lS.S%
96.1%
41 Days
1.7
Homestead KIM
100
-23.7%
S227.0D0
14.9%
9S.3%
76 Days
1.3
Indian Creek (Village)
0
N/A
(No Sales)
N/A
(No Saks)
(No Saks)
0.0
Iva$ Estates (CDP)
24
41.2%
$289,SOD
31.6%
96.8%
83 Days
2.8
Kendale lakes (CDP)
44
37.5%
$347,000
1.5%
95.0%
43 Days
1.4
Kendall (CDP)
58
-318%
S49S,000
3.1%
923%
94 Days
2S
Kendall West (CDP)
22
0.0%
$342,S00
24.S%
9S.6%
70 Days
13
Key Biseayno (Village)
3
•66.7%
$2,300,000
-46.5%
84.0%
182 Days
31.7
Leisure City (CDP)
26
-23.5%
$277,500
30.S%
96b%
57 Days
2.5
Medley (Town)
0
•100.0%
(No Saks)
N/A
(No Saks)
(No Sales)
0.0
Miami (City
247
1.6%
SMS.000
15.0%
91.9%
86 Days
3.7
Miami Beach (city)
56
14%
S1.16S,OOD
-22.3%
82.496
192 Days
17.3
Miami Gardens (City)
148
-34.5%
$220,000
32.5%
97.1%
45 Days
0.6
Mlaml lakes (Town)
3S
2.9%
$435,000
-3.3%
9S.0%
75 Days
2.9
Miami Shores (Village)
48
504%
$531,250
9.5%
90.8%
134 Days
2.7
Mlaml Sprktgs (City)
to
-6a9%
$340,000
-6.2%
99.9%
S7 Days
2.9
Naranja (COP)
to
-9.2%
$203,7SO
-5.2%
96.5%
70 Days
1.3
North Bay VOMe (Clry)
1
-833%
$SSQ000
2.3%
92.7%
147 Days
9.6
North Miami (City)
63
•20.0%
$236,500
20.0%
94.5%
60 Dan
3.2
North Miami Beach (City)
32
•40.7%
$210,500
7.9%
93.9%
S6 Days
2.6
0)us (CDP)
19
S.6%
SS3S,000
.1.8%
90.8%
129 Days
9.7
Oiympta Heights (COP)
21
0.01A
S359,S00
20.2%
93AM
120 Days
1.2
Opa'loeka (City)
13
18.2%
$120,000
373%
99.0%
11 Days
1.5
Palen SpdrW North (CDP)
7
16.7%
S3SS,00D
31.S%
92.3%
39 Days
1.3
Palmetto Bay (Village)
70
18.6%
$S481500
1.6%
92.8%
123 Days
2.3
Palmetto Estates (CDP)
28
02%
$240,000
6.7%
100.0%
SI Days
0.2
Pkrecrest (Village)
49
16.7%
$840,000
-30.6%
B9.7%
173 Days
&2
Pinewood (CDP)
12
42.0%
$196,000
43.1%
98A%
30 Days
0.7
Prouxton (CDP)
38
-29.6%
$237,000
8.2%
91.2%
SO Days
1.6
Richmond Heights (CDP)
25
56.3%
S220,000
18.9%
94.014
36 Days
1.0
Rkhmwtd West (COP)
46
41.0%
$30SADD
12.3%
93.6%
66 Days
1.1
South Miami (City)
19
-32.1%
S500.000
17.7%
933%
70 Days
S.1
South Miami Heights (CDP)
46
9.S%
$240,000
33.3%
96.1%
53 Days
0.9
Sun" Isles Beach (City)
2
-33.3%
$2.192,500
37.016
7S.0%
750 Days
4&0
Sunset (CDP)
26
-7.1%
$436,250
24.6%
93.4%
55 Days
1.9
Sur(side (Town)
8
14.3%
$732,500
17.2%
89.3%
80 Days
6.3
Swset"Ter (City)
0
-10D.0%
(No Saks)
N/A
(No Saks)
(No Saks)
1.7
Tarnlami (CDP)
43
.23.2%
S348,500
4.01A
96.4%
95 Days
1.7
The Crossings (CDP)
26
-21.2%
S36S,0D0
0.7%
94.3%
S4 Days
1.3
The Hammocks (CDP)
S2
-24.6%
S33S,000
10.7%
94.696
76 Days
1.5
Three lakes (CDP)
20
-9.1%
S329,000
I.5%
96.4%
87 Days
1.2
University Park (CDP)
IS
0.0%
$360A00
29.2%
952%
67 Days
1.9
Virgkrla Gordan (Village)
4
0.0%
$334,9S0
-10.9%
92.2%
30 Days
12
West little River (CDP)
30
-30.2%
$190.000
S&3%
97.S%
34 03"
2.0
West Miami (CRv)
7
0.0%
$302.500
'.1
-12.9%
91.7%
28 Days
0.7
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