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10-15-02CITY COMMISSION AGENDA City Commission Meeting Meeting date October 15, 2002 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: November 5, 2002 Phone: (305) 663 -6340 Time: 7 :30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi - judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s)(7:00 p.m.) Matthew Walton - American Red Cross of Greater Miami & The Keys REGULAR CITY COMMISSION 1 AGENDA - October 15, 2002 Transportation Initiative - November 5th Ballot ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - August 20 -21, 2002 2. City Manager's Report 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $17,510.66; CHARGING $4,240.50 TO ACCOUNT NO. 1500- 514 - 3435, REAL PROPERTY /FORECLOSURE; CHARGING $7,216.70 TO ACCOUNT NO. 1500- 514 -3410, LEGAL SERVICES, NON-RETAINER; CHARGING $5,425.50 TO ACCOUNT NO. 001- 0000- 132 -2040, 73RD STREET PARKING GARAGE LOAN; AND CHARGING $627.96 TO ACCOUNT NO. 608 -1910- 521 -31001 _PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) RESOLUTION (S) /PUBLIC HEARING (S) 5. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION OF A PROPOSED THREE STORY RETAIL AND PARKING GARAGE COMPLEX IN THE SR (HD- OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION (5801 SW 73rd STREET); SPECIAL EXCEPTIONS REQUESTED FOR LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. 4/5 RESOLUTION (S) REGULAR CITY COMMISSION 2 AGENDA - October 15, 2002 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETING; RESCHEDULING THE NOVEMBER 5, 2002 CITY COMMISSION MEETING TO NOVEMBER 4, 2002; PROVIDING AN EFFECTIVE DATE. 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ADJUST NON- RESIDENT FEES FOR TENNIS MEMBERSHIP AT DANTE FASCELL PARK; PROVIDING AN EFFECTIVE DATE. 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR PROFESSIONAL ENGINEERING SERVICES, FINAL DESIGN, BID AND CONSTRUCTION PHASE SERVICES FOR THE'DANTE FASCELL PARK - TENNIS FACILITY REHABILITATION AND DRAINAGE IMPROVEMENTS, IN THE AMOUNT OF $15,360.00 TO BE CHARGED TO FLORIDA EMERGENCY MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345 AND RELIEF FUNDING, ACCOUNT NUMBER 110 - 0000- 132 - 2070; PROVIDING FOR AN 'EFFECTIVE DATE. 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE; RATIFYING A $2,439,944.52 LOAN TO MRP PROPERTIES FOR THE DESIGN AND CONSTRUCTION OF A PUBLIC PARKING GARAGE PROJECT LOCATED AT S.W. 73rd STREET; PROVIDING FOR AN EFFECTIVE DATE.( deferred from October 1, 2002) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DISBURSEMENT OF $20,000.00 TO THE RED /SUNSET MERCHANTS ASSOCIATION AS 2001 -2002 CITY CONTRIBUTION TO THE PROMOTIONAL ACTIVITIES IN THE CITY BUSINESS DISTRICTS; PROVIDING AN EFFECTIVE DATE. (Deferred from Sept. 17, 2002) 3/5 ORDINANCE (S) FIRST READING (S) 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,- FLORIDA, RELATING TO THE PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6 -92 -15011 17- 92- 1512A, 10 -95 -1583, 18- 99- 1692, 28 -00 -1730, AND 32 -01 -1763 IN ORDER TO INCREASE THE FEE FOR WAIVER OF PLAT APPLICATIONS, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 3 AGENDA - October 15, 2002 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. " COMMISSION REMARKS PURSUANT TO FLA 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. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION [� AGENDA - October 15, 2002 Imagine you are far away from your home and family during the holidays, living in adverse conditions, protecting and defending your country. Wouldn't it feel good to receive a gift that reminds you of home and family? Please support the American Red Cross of Greater Miami & The Keys "1000 Stockings For The Troops" By donating $10.00 you can provide a filled holiday stocking to a member of the US military stationed in Afghanistan. With your donation you will receive a thank you card in which you can write a personal note to be placed in the stocking your donation enabled us to provide. For more information including other ways to help, please contact Matthew Walton Director of Armed Forces Emergency Services American Red Cross of Greater Miami & The Keys 305 -644 -1200 ext 157 <w, - South Miami .......................... F l o r i d a 2001 To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: October 11, 2002 Agenda Item Commission Meeting October 15, 2002 Attorney's Fees Nagin, Gallop and Figueredo, P.A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $17,510.66; CHARGING $4,240.50 TO ACCOUNT NO. 1500 -514- 3435, REAL PROPERTY/FORECLOSURE CHARGING $7,216.70 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON- RETAINER; CHARGING $5,425,50 TO ACCOUNT NO. 001 - 0000 -132 -2040, 73RD STREET PARKING GARAGE LOAN AND CHARGING $627.96 TO ACCOUNT NO. 608- 1910- 521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE The attached resolution is for Legal Services for the City Attorney for the period ending September 30, 2002, in the total amount of $ 17,510.66. The accounts are summarized below: Account Consulting — Real Property/Foreclosure Account # 1500 -514 -3435 Professional Services - Account # 608 -1910- 521 -3100 73`d Street Parking Garage Loan Account # 001- 0000 - 132 -2040 CRA Fund — General Legal Available Balance This Invoice $ 5,000.00 $ 4,240.50 $1,800.00 $ 627.96 $5,425.50 Account #610 - 1120 - 554 -3415 Code Enforcement Account #1500 -514- 3452 $ 4,109.84 $ Telecommunications Account #1500 - 514 -3420 $ 5,420.00 Legal Services Non Retainer $ 8,000.00 $ 7,216.70 Account # 1500 -3410 A detailed Billing Statement is 'attached. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $17,510.66; CHARGING $4,240.50 TO ACCOUNT NO. 1500 -514- 3435, REAL PROPERTY/FORECLOSURE; CHARGING $7,216.70 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON- RETAINER; CHARGING $5,425.50 TO ACCOUNT NO. 001- 0000 - 132 -2040, 73"D STREET PARKING GARAGE LOAN; AND CHARGING $627.96 TO ACCOUNT NO. 608 - 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non- retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending September 30, 2002, in the amount of $17,510.66; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $17,510.66, are approved for payment and charging $4,240.50 to account no. 1500 -514 -3435, real estate /foreclosure; charging $7,216.70 to account no. 1500 -514 -3410, legal, non - retainer; charging $5,425.50 to account no. 001 - 0000 - 132 -2040, 73rd Street Parking Garage Loan Account; and charging $627.96 to account no. 608 -1910- 521 -3100, forfeitures. Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by °,.�rstfiking. 1 2 PASSED AND ADOPTED this day of October 2002. 3 4 ATTEST: 5 6 7 CITY CLERK 8 9 10 11 READ AND APPROVED AS TO FORM: 12 13 14 CITY ATTORNEY 15 16 17 18 19 20 21 22 23 24 25 \ \Dell_6100 \Documents \0022 \DAJ \15378.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 Page 2 of 2 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner Feliu: NAGINGALLOPFIGUERED0P. A. Attorneys & Counselors 3225 Aviation Avenue Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 October 9, 2002 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending September 30, 2002, in the amount of $17,510.66, and requisition no. 105. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate & Contracts Statement No. 12410 dated 09 /30/02 0022 -023 Parking Garage Contract Statement No. 12405 dated 10104102 0022 -034 CSM v. Third Group Mortgage Statement No. 12379 dated 10104102 0022 -055 Purchase of 7800 SW 59th Avenue Statement No. 12408 dated 09130102 Prof 1 Services $ 3,247.50 Disbursements 0.00 Total Due 3,247:50 Prof l Services $ 59422:50 Disbursements 3.00 Total Due 5,425.50 Prof 1 Services $ 525.00 Disbursements 16.25 Total Due 541.25 Prof 1 Services $ 245.00 Disbursements 0.00 Total Due 245.00 y Hakeem Oshikoya, Finance Director -CITY OF SOUTH MIAMI October 9, 2002 Page 2 of 3 0022 -061 NRA, et al. V. City of South Miami Statement No. 12253 dated 10104102 0022 -094 Officer Darby Wagner Arbitration Statement No. 12256 dated 10104102 0022 -095 Lazaro D Tabares — EEOC Statement No. 12381 dated 10104102 0022 -101 Hampton Pre- Determination Statement No. 12258 dated 10104102 0022 -112 Forfeiture of 1987 Cadillac Sedan Statement No. 12263 dated, 10104102 0022 -113 Forfeiture of 1991 Nissan 300zx Statement No. 12264 dated 10104102 0022 -115 Ocean Federal Bank v. Darzhansky Statement No. 12266 dated 10104102 0022 -116 Forfeiture of 1993 Nissan Maxima Statement No. 12376 dated 10101102 0022 -117 HSBC Mortgage Corp. v. CSM Statement No. 12268 dated 10104102 Prof I Services $ 575.00 Disbursements 204.20 Total Due 779.20 Prof 1 Services $ 3,867.50 Disbursements 0.00 Total Due 3,867.50 Prof 1 Services $ 2,555.00 Disbursements 0.00 Total Due 2,555.00 Prof 1 Services $ 15.00 Disbursements 0.00 Total Due 15.00 Prof 1 Services $ 30.00 Disbursements 7.50 Total Due 37.50 Prof 1 Services $ 50.00 Disbursements 10.46 Total Due 60.46 Prof l Services $ 0.00 Disbursements 4.25 Total Due 4.25 Prof l Services $ 20.00 Disbursements 0.00 Total Due 20.00 Prof 1 Services $ 202.50 Disbursements 0.00 Total Due 202.50 " Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI October 9, 2002 Page 3 of 3 0022 -118 Forfeiture of 1994 Chevy Tracker Prof I Services $ 510.00 Statement No. 12269 dated 10104102 Disbursements 0.00 Total Due 510.00 CURRENT TOTAL DUE $ 17,510.66 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures j cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 105 Date: October 9, 2002 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 5 Real Estate /Foreclosure 1500 -514 -3435 $4,240.50 $4,240.50 2 4 Legal, Non-Retainer 1500 -514 -3410 $7,216.70 $7,216.70 3 4 Forfeitures 608- 1910 -521 -3100 $627.96 $627.96 4 1 73d Parking Garage Loan Account 001- 0000 -132 -2040 $5,425.50 $5,425.50 TOTAL $17,510.66 Purchase Order No. I Terms/Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Coding of Accounts Approved Purchases as Above Approved and Issuance of Purchase Order Authorized Codes Charge Sufficiency of Appropriation Balances Verified (Except As G Otherwise Noted) Head of Department Finance Department City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FI GUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 September 30, 2002 Matter 1D: 0022 -002 Real Estate & Contracts Statement No. 12410 Hours Amount 9/9/2002 EAB Received assignment from Mr. Gallop regarding NUI Utilities, Inc. 1.00 150.00 franchise agreement; e-mail communications with Mr. Balogun, Mr. Oshikoya and Ms. Taylor regarding this matter; telephone conferences with Mr. John Dellagloria and Ms. Elizabeth Hernandez regarding their cities' franchise agreements; telephone conference with Mr. Ken Small, Fla. League of Cities, regarding Model Franchise Agreements; e-mail communications with IMLA regarding this issue; and analysis of franchise agreement. 9/10/2002 EAB Attention to franchise agreements, model contracts and telephone 0.50 75.00 conference with John Dellagloria regarding this issue. 9/16/2002 EAB Analysis of uniform municipal franchise agreement prepared by 6.00 900.00 International Municipal Lawyers Association; analysis of CNM franchise agreement, proposed city franchise, agreement; edited documents; prepared detailed memorandum to file regarding necessary revisions to the contract; and e-mail communications with Ms. Taylor, Mssrs. Oshikoya and Balogun regarding outstanding finance and environmental issues with NUI gas company. 9/17/2002 EAB Meeting with Mr. Gallop regarding revisions to franchise agreement. 0.30 45.00 9/17/2002 EGG Attention to negotiations of gas franchise. 0.30 52.50 9/19/2002 EAB Began drafting revised gas franchise agreement. 5.00 750.00 - 9/20/2002 EAB Telephone conference with Mr. Ken Small regarding transport fees 4.50 675.00 and calculation of franchise fee; continued to draft agreement; and telephone conference with Mr. Balogun regarding NUI facilities within city; telephone conferences with the city managers, city clerks and city attorneys for Daytona Beach, Winter Park and Lakeland regarding their franchise agreements; telephone conference with Ms. Kelly Koos, the city clerk for Lakeland who will be providing copies of Lakeland's franchise agreement. 9/23/2002 EAB Telephone conferences with various city attorneys, including city 4.00 600.00 attorney for Homestead regarding NUI gas utility agreement and Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -002 Statement No.: 12410 Page: 2 Tim Mc Causland of Lakeland regarding their gas franchise fees and process for obtaining best fee agreement. Total Professional Services 3,247.50 Rate Summary Eve A. Boutsis 21.30 hours at $150.00 /hr 3,195.00 Earl G. Gallop 0.30 hours at $175.00/hr 52.50 Total hours: 21.60 For Professional Services 3,247.50 For Disbursements Incurred 0.00 Current Balance: 3,247.50 Previous Balance: 476.97 Payments - Thank you 0.00 Total Due 3,724.47 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interestat a rate of 1.5% per month will be charged if payment is not received within 30 days. NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2002 Matter ID: 0022 -023 Parking garage contract Statement No. 12406 Hours Amount 9/3/2002 LRF Telephone conference with George McArdle regarding pending 0.50 87.50 matters. 9/5/2002 LRF Worked on new construction budget. 1.00 175.00 9/6/2002 LRF Meeting with Mark Richman, George McArdle and Earl Gallop to 2.00 350.00 address pending matters, 9/6/2002 LRF Telephone conference with Anne Cotter regarding the rescheduling 0.30 52.50 of the meeting. 9/6/2002 EGG Attended meeting with Mr. Richmond, Mr. McCardle and Mr. 2.00 350.00 - Figueredo; telephone conferences with comm'r. Wiscombe and Mr. Scurr regarding negotiations with Centex - Rooney concerning construction price. 9/9/2002 EGG Attended meeting with comm'r. Wiscombe, Mr. Scurr, Mr. Basu, 2.50 437.50 Mr. Richmond, Mr. McCardle and Mr. Figueredo regarding cost of project and negotiating strategy. 9/10/2002 LRF Reviewed a -mails from Subrata Basu regarding the City to resolve 1.40 245.00 budget numbers and alley way issue; conference with George McArdle regarding spreadsheets prepared by Mr. McArdle regarding retail garage salary and budget discrepancies. 9/10/2002 LRF Meeting with Commissioner Wiscombe to prepare the 2.00 350.00 Commissioner for meeting with architects and construction contractors. -- - 9/12/2002 LRF Telephone conference with Subrata Basu; telephone conferences 3.70 647.50 with George McArdle; attended meeting at the City of South Miami with Centex Rooney and the architects. 9/12/2002 LRF Researched additional options proposed by the Dabby Properties; 0.50 87.50 telephone conference with Mr. Ferro regarding same. 9/12/2002 LRF Conference call with Commissioner Randy Wiscombe and George 1.00 175.00 McArdle to discuss construction budget numbers and analogies to Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 12406 Page: 2 be utilized to reduce construction costs. 9/16/2002 JMP Hand delivered documents pertaining to CSM /MRP parking project. 0.75 15.00 9/18/2002 LRF Reviewed Mr. McArdle's construction estimates; telephone 5.80 1,015.00 conference with Mr. McArdle regarding same; telephone conference with Subrata Basu; telephone conference with Simon Ferro regarding alley way issue; attended team meeting with the architects to discuss pending matters as well as the budget; finalized resolution and memorandum to the City Commission regarding loan to Mark Richman. 9/19/2002 LRF Assessed construction costs concerning Centex Rooney 5.00 875.00 construction budgets; prepared pro forma amortization schedules to drain additional loan amounts; telephone conferences with George McArdle and Subrata Basu. 9/25/2002 EGG Prepared for negotiations with Centex - Rooney. 0.50 87.50 9/25/2002 EGG Attended meeting with Mr. Basu and representatives of 2.50 437.50 Centex- Rooney and architect regarding cost of project. 9/30/2002 EGG Telephone conference with Mr. Scurr regarding status of 0.20 35.00 negotiations and further handling needs. Total Professional Services 5,422.50 Rate Summary Luis R. Figueredo 23.20 hours at $175.00/hr 4,060.00 Earl G. Gallop 7.70 hours at $175.00/hr 1,347.50 Jennifer M. Penichet 0.75 hours at $ 20:00 /hr 15.00 Expenses Total hours: 31.65 Mileage 3.00 Sub -total Expenses: 3.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services 5,422.50 3 .00 For Disbursements Incurred Current Balance: 5,425.50 Previous Balance: 8,015.00 Payments- Thank you 0.00 Total Due 13,440.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -034 Finance Director CSM v. Third Group Mortgage, City of South Miami 6130 Sunset Drive Statement No. 12379 City of South Miami, FL 33143 Hours Amount 9/5/2002 EAB Telephone conference with Mr. Gallop regarding combined quiet 0.20 30.00 9/6/2002 9/12/2002 9/18/2002 9/20/2002 9/24/2002 9/25/2002 9/26/2002 Rate Summary Eve A. Boutsis 3.20 hours at $150.00 /hr 480.00 Jennifer M. Penichet 2.25 hours at $ 20.00 /hr 45.00 Expenses Total hours: 5.45 Mileage 16.25 195.00 150.00 45.00 60.00 15.00 15.00 15.00 525.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. title and foreclosure action and pending discovery requests. EAB Analyzed documents produced by Ms. Rosa and Mr. Chalvire; and 1.30 began drafting response to request for production and interrogatories. EAB Prepared responses to interrogatories and production to quiet title 1.00 action. EAB Meeting with Mr. Gallop regarding quiet title actions, legal costs for 0.30 litigation and total owed to city; and meeting with Ms. Andrews regarding this information. EAB Attention to revisions of interrogatory responses and finalized 0.40 production responses. JMP Filed Defendants response to Beta -G's first request for production. 0.75 JMP Round trip- Obtain executed interrogatories from Mr. Chalvire 0.75 JMP Filed CSM's serving answers to Beta'G's first set of interrogations. 0.75 Total Professional Services Rate Summary Eve A. Boutsis 3.20 hours at $150.00 /hr 480.00 Jennifer M. Penichet 2.25 hours at $ 20.00 /hr 45.00 Expenses Total hours: 5.45 Mileage 16.25 195.00 150.00 45.00 60.00 15.00 15.00 15.00 525.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services 525.00 For Disbursements Incurred 16.25 Current Balance: 541.25 Previous Balance: 383.39 Payments - Thank you 0.00 Total Due 924.64 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOpA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2002 Matter ID: 0022 -046 Merrick v. City of South Miami Statement No. 12252 0.00 0.00 0.00 68.53 0.00 Total: Due 68.53 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. P CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 30, 2002 Hakeem Oshikoya Matter ID: 0022 -055 Finance Director Purchase of 7800 SW 59th City of South Miami 6130 Sunset Drive Statement No. 12408 City of South Miami, FL 33143 Hours Amount 9/25/2002 EGG Reviewed invoice by seller for appraisal services and contract for 0.50 87.50 obligation to pay same and regarding credits due to city at closing or reimbursement of expenses by seller in the event the city does not purchase the property. 9/30/2002 EGG Reviewed appraisals for 7800 SW 59th Ave. [Hammock House] and 0.90 157.50 transmitted copies to Mr. Scurr. Total Professional Services 245.00 Rate Summary Earl G. Gallop 1.40 hours at $175.00/hr 245.00 Total hours: 1.40 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. For Professional Services 245.00 For Disbursements Incurred 0.00 Current Balance: 245.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 245.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days.. R CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 4, 2002 Matter ID: 0022 -061 Finance Director City of South Miami NRA, et al. vs. City of South 6130 Sunset Drive Statement No. 12253 City of South Miami, FL 33143 Hours Amount 9/2/2002 JMP Delivered CSM's objections to plaintiffs motion for award of costs. 0.75 15.00 9/12/2002 EGG Reviewed NRA re- notice of hearing on motion for award of costs 0.20 35.00 and attached documents. 9/13/2002 EGG Final preparation of final order denying attorney's fees and 2.50 437.50 transmitted same to opposing counsel with transmittal letter. 9/16/2002 EGG Final review of and transmitted two proposed orders denying NRA's 0.30 52.50 motion for attorney's fees. 9/19/2002 EGG Telephone conference with Mr. Velazquez regarding final order on 0.20 35.00 attorney's fees. Total Professional Services 575.00 Rate Summary Earl G. Gallop 3.20 hours at $175.00/hr 560.00 Jennifer M. Penichet 0.75 hours at $ 20.00 /hr 15.00 Total hours: 3.95 Expenses Parking Charge 19.50 Mileage 3.00 Legal research 169.40 9/11/2002 Federal express 12.30 Sub -total Expenses: 204.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged.if payment is not received within 30 days. s y Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -061 Statement No.: 12253 Page: 2 For Professional Services 575.00 For Disbursements Incurred 204.20 Current Balance: 779.20 Previous Balance: 6,724.23 Payments - Thank you 0,00 Total Due 7,503.43' To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt.. Please notify. us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -083 Finance Director Planning Board City of South Miami 6130 Sunset Drive Statement No. 12254 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 560.00 Payments - Thank you 0.00 Total Due 560.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephoner (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -087 Finance Director Mercedes Asher v. City of South City of South Miami 6130 Sunset Drive Statement No. 12255 City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 0.00 0.00 0.00 122.50 0.00 Total Due 122.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 4, 2002 Matter ID: 0022 -094 Finance Director Officer Darby Wagner Arbitration City of South Miami 6130 Sunset Drive Statement No. 12256 City of South Miami, FL 33143 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not. received within 30 days. Hours Amount 9/6/2002 MDS Telephone conference with Captain Ross re his testimony at 0.60 105.00 upcomming FDLE hearing. Conferenced with Ms. Jester re scheduling of possible settlement conference. Conferenced with Mr. Gallop re possible settlement of matter. 9/9/2002 EGG Attended settlement conference. 1.00 175.00 9/9/2002 MDS Telephone conference with Captain Ross in preparation for FDLE 0.30 52.50 Probable Cause hearing. Telephone conference with Mr. Gallop in preparation for FDLE Probable Cause hearing. 9/10/2002 MDS Conferenced with Captain Ross and Chief Watson in preparation for 3.70 647.50 FDLE Probable Cause hearing. Traveled to Broward for FDLE Probable Cause hearing. Attended FDLE Probable Cause hearing with chief Watson and Captain Ross. Conferenced with Captain Ross and Chief Watson post FDLE Probable Cause hearing re finding of probable cause and strategy for proceeding with arbitration. Telephone conference with Mr. Gallop post FDLE Probable Cause hearing re finding of probable cause and strategy for proceeding with arbitration. 9/18/2002 EGG Telephone conference with Mr. Don Papy, asst. city attorney, city 0.30 52.50 of Miami Beach, regarding reputation of arbitrator. 9/24/2002 MDS Reviewed materials and prepared in preporation for arbitration 5.80 1,015.00 scheduled for tomorrow. Telephone conference with City Manager Mr. Scurr. 9125/2002 MDS Represented City in Arbitration proceedings. 9.00 1,575.00 9/26/2002 MDS Telephone conference with Captain Ross re yesterday's arbitration 1.40 245.00 proceeding. Conferenced with Mr. Gallop re yesterday's arbitration proceeding. Conferenced with Ms. Cadenhead re yesterday's arbitration proceeding. Telephone conference with City re yesterday's arbitration proceeding, prepared materials in anticipation for briefing matter to Arbitrator. Reviewed voice mail message for Mr. Tucker re exhibits produced at Arbitration hearing. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not. received within 30 days. S a. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -094 Statement No.: 12256 Page: 2 Total Professional Services 3,867.50 Rate Summary Earl G. Gallop 1.30 hours at $175.00/hr Michael D. Spivack 20.80 hours at $175.00/hr Total hours: 22.10 For Professional Services For Disbursements incurred Current Balance: Previous Balance: Payments - Thank you 227.50 3,640.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. i 3,867.50 0.00 3,867.50 7,759.44 0.00 11,626.94 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -095 Finance Director Lazaro D. Tabares - EEOC City of South Miami 6130 Sunset Drive Statement No. 12381 City of South Miami, FL 33143 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 9/6/2002 EAB Telephone conference with Ms. Jeanette Navarro regarding 4.00 600.00 production; began drafting interrogatory responses and production responses; and e-mail communication with Mr. McDuff regarding Tabares discovery. 9/9/2002 EAB Prepared email memorandum to Ms. Navarro regarding documents 3.20 480.00 needed in order to comply with request for production issued by Tabares; began organizing and collecting documents (personnel file, policies, procedures, and EEOC files of other employees); and drafted letter to EEOC regarding dismissal of second charge of discrimination. 9/12/2002 EAB Continued to draft interrogatory responses, meeting with Ms. 3.50 525.00 Navarro to compile production responses; and e-mail to Mr. McDuff on other EEOC charges filed against City. 9/13/2002 EAB Continued to draft production and responses. 2.00 300.00 9/13/2002 EAB Finalized production with Ms. Navarro; and reviewed and modified 3.00 450.00 interrogatory responses. 9/16/2002 EAB Telephone conference with Mr. McDuff regarding pre -trial witness 0.50 75.00 and exhibit list; analyzed final production, index of documents and prepared letter to Mr. McDuff enclosing the production. 9/16/2002 JB Per request by Eve A. Boutsis worked on indexing and organizing 3.50 87.50 files to be sent to Richard McDuff in Ft. Lauderdale. 9/17/2002 JB Courier service round trip to Ft. Lauderdale to deliver documents to 1.50 37.50 Richard McDuffS office. Total Professional Services 2,555.00 Rate Summary Eve A. Boutsis 16.20 hours at $150.00 /hr 2,430.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. s Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -095 Statement No.: 12381 Page: 2 Jordan Braswell 5.00 hours at $ 25.00 /hr 125.00 Total hours: 21.20 For Professional Services 2,555.00 For Disbursements Incurred 0.00 Current Balance: 2,555.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 2,555.00 To be properly credited, please indicate Statement Number on your remittance check. i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 4, 2002 Matter ID: 0022 -101 Finance Director Hampton Pre- Determination City of South Miami 6130 Sunset Drive Statement No. 12258 City of South Miami, FL 33143 Hours Amount 9/30/2002 JMP Picked up John Hampton's unemployment comp file. 0.75 15.00 Total Professional Services 15.00 Rate Summary Jennifer M. Penichet 0.75 hours at $ 20.00 1hr 15.00 . Total hours: 0.75 For Professional Services 15.00 For Disbursements Incurred 0.00 Current Balance: 15.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 15.00 To be properly credited, please indicate Statement Number on your remittance check Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -108 Finance Director Forfeiture of 1987 Oldsmobile City of South Miami 6130 Sunset Drive Statement No. 12259 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 462.22 Payments - Thank you 0.00 Total Due 462.22 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -109 Finance Director Chase Manhattan v. Ramirez City of South Miami 6130 Sunset Drive Statement No. 12260 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 57.00 Payments - Thank you 0.00 Total Due 57.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -110 Finance Director Forfeiture of 1988 Chevy Blazer City of South Miami 6130 Sunset Drive Statement No. 12261 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 821.00 Payments - Thank you 0.00 Total Due 821.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -.5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -111 Finance Director South Miami Homeowners v. The City of South Miami 6130 Sunset Drive Statement No. 12262 City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you To be properly credited, please indicate Statement Number on your remittance check. 0.00 0.00 0.00 166.71 0.00 Total Due 166.71 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGTEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 4, 2002 Finance Director Matter ID: 0022 -112 City of South Miami Forfeiture of 1987 Cadillac Sedan 6130 Sunset Drive Statement No. 12263 City of South Miami, FL 33143 Hours Amount 9/9/2002 JMP Delivered returned document to Clerk of Court 0.75 15.00 9/16/2002 JMP Filed Non - Military Affidavit 0.75 15.00 Total Professional Services 30.00 Rate Summary Jennifer M. Penichet Total hours: Expenses Mileage 1.50 hours at $ 20.00 /hr 30.00 1.50 7.50 Sub -total Expenses: 7.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Disbursements Incurred 7.50 Current Balance: 37.50 Previous Balance: 725.00 Payments - Thank you 0.00 Total Due 762.50 i To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. e. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -113 Finance Director Forfeiture of 1991 Nissan 300zx City of South Miami 6130 Sunset Drive Statement No. 12264 City of South Miami, FL 33143 Hours Amount 9/20/2002 EAB Prepared motion to compel discovery. 0.30 30.00 9/27/2002 EAB Telephone conference with claimant regarding release of personal 0.20 20.00 items. Total Professional Services 50.00 Rate Summary Eve A. Boutsis 0.50 hours at $100.00 /hr 50.00 Total hours: 0.50 Expenses Legal research 10.46 Sub -total Expenses: 10.46 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services 50.00 For Disbursements Incurred 10.46 Current Balance: 60.46 Previous Balance: 901.75 Payments - Thank you 0.00 Total Due 962.21 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -114 Finance Director Netbank v. Aleman and CSM City of South Miami 6130 Sunset Drive Statement No. 12265 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 24.00 Payments - Thank you 0.00 Total Due 24.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Couns•elors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -115 Finance Director. Ocean Federal Bank v. City of South Miami 6130 Sunset Drive Statement No. 12266 City of South Miami, FL 33143 Expenses Parking Charge 4.25 Sub -total Expenses: 4.25 For Professional Services 0.00 For Disbursements Incurred 4.25 Current Balance: 4.25 Previous Balance: 150.00 Payments - Thank you 0.00 Total Due 154.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 1, 2002 Hakeem Oshikoya Matter ID: 0022 -116 Finance Director Forfeiture of 1993 Nissan City of South Miami 6130 Sunset Drive Statement No. 12376 City of South Miami, FL 33143 Hours Amount 9/3/2002 EAB Telephone conference with AC Feldman regarding city's decision 0.20 20.00 not to proceed with forfeiture; and prepared letter to claimant confirming dismissal. Rate Summary Eve A. Boutsis Total Professional Services 20.00 0.20 hours at $100.00 /hr Total hours: 0.20 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 20.00 20.00 0.00 20.00 100.00 0.00 Total Due 120.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -117 Finance Director HSBC Mortgage Corp. v. Elsa City of South Miami 6130 Sunset Drive Statement No. 12268 City of South Miami, FL 33143 Hours Amount 9/3/2002 DAJ Contacted city clerk's office for information on summons and 0.30 22.50 complaint for new action; searched public records database for docket information; searched public records database for recorded lient information; sent e-mail request to code enforcement division requesting copies of recorded lien information; telephoned office of plaintiffs attorney regarding enlargement of time; prepared and faxed letter on behalf of Eve Boutsis to plaintiffs counsel requesting enlargement of time for City to respond to complaint. 9/5/2002 EAB Analyzed complaint and prepared answer to foreclosure action. 1.00 9/6/2002 EAB Finalized answer and affirmative defenses. 0.20 Rate Summary Eve A. Boutsis Debra A. Jester Total Professional Services 1.20 hours at $150.00 /hr 0.30 hours at $ 75,00 /hr Total hours: 1.50 180.00 22.50 150.00 30.00 202.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -117 Statement No.: 12268 Page: 2 For Professional Services 202.50 For Disbursements Incurred 0.00 Current Balance: 202.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 202.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors Rate Summary Eve A. Boutsis 5.10 hours at $100.00 /hr Total hours: 5.10 510.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2002 Hakeem Oshikoya Matter ID: 0022 -118 Finance Director Forfeiture of 1994 Chevy Tracker City of South Miami 6130 Sunset Drive Statement No. 12269 City of South Miami, FL 33143 Hours Amount 9/9/2002 EAB Telephone conference with AC Feldman, analyzed police report and 0.40 40.00 drafted notice of seizure. 9/11/2002 EAB Prepared complaint and verified affidavits. 1.50 150.00 9/11/2002 EAB Drafted affidavits, complaint, and analysis of caselaw. 2.00 200.0.0 9/12/2002 EAB Prepared and finalized probable cause motion. 1.00 100.00 9/27/2002 EAB Telephone conference with Mr. Manny Sires, process server, 0.20 20.00 regarding service upon claimant at mental ward of hospital. Total Professional Services 510.00 Rate Summary Eve A. Boutsis 5.10 hours at $100.00 /hr Total hours: 5.10 510.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -118 Statement No.: 12269 Pager 2 For Professional Services 510.00 For Disbursements Incurred 0.00 Current Balance: 510.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 510.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. ITEM #5 - TO BE TABLED To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurr MEMORANDUM Date: October 15, 2002 Re: Agenda Item _ (a City Manager Rescheduling November 5, 2002 City Commission Meeting REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETING; RESCHEDULING THE NOVEMBER 5, 2002 CITY COMMISSION MEETING TO NOVEMBER 4, 2002; PROVIDIN G AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Due to the City's Special Election being held on Tuesday, November 5, 2002, the attached resolution provides for the rescheduling for the regular 'scheduled City Commission meeting of November 5, 2002 to Monday, November 4, 2002, Section 2 -2.1 of the City of South Miami Code of Ordinances provides that regular meetings may be otherwise postponed, cancelled or reset only by Resolution adopted by a majority of the entire membership of the City Commission. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY 5 COMMISSION MEETING; RESCHEDULING THE NOVEMBER 5, 6 2002 CITY COMMISSION MEETING TO NOVEMBER 4, 2002; 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances 10 provides that the City Commission shall hold regular meetings at 7:30 p.m., on the first 11 and third Tuesdays except for June and July; and 12 13 WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances also 14 provides that regular meetings may be otherwise postponed, cancelled or reset only by 15 Resolution adopted by a majority of the entice membership of the City Commission; and 16 17 WHEREAS, due to the City's Special Election being held on Tuesday, November 18 5th, the Mayor and City Commission desire to reschedule its regular scheduled meeting of 19 November 5 2002 to Monday, November 4, 2002. 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 23 24 Section 1. The regular City Commission meeting for Tuesday, November 5, 25 2002 has been rescheduled to Monday, November 4, 2002. 26 27 Section 2. This resolution shall take effect immediately upon approval. 28 29 PASSED AND ADOPTED this day of 52002. 30 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 Commission Vote: 38 READ AND APPROVED AS TO FORM: Mayor Robaina: 39 Vice Mayor Russell: 40 Commissioner Wiscombe: 41 CITY ATTORNEY Commissioner Bethel: 42 Commissioner Feliu: Additions shown by underlining and deletions shown by everstr-iki g. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & Commission DATE: October 8,2002 FROM: Charles D. Scurr SUBJECT: Agenda # City Manager Commission Meeting October 15,2002 REQUEST This resolution seeks approval to adjust Non- Resident fees for Annual Individual Tennis Membership and Annual Family Tennis Membership at Dante Fascell Park. BACKGROUND & ANALYSIS In the Fiscal year 2001 -02 the City increased fees for Pavilion rentals, field rentals, and Tennis fees.The majority of these increases were extremely beneficial regarding increased revenues, with the exception of Non- resident tennis memberships. The City of Coral Gables reduced their fees and consequently, many non - resident Dante Fascell Park members left to Salvadore Park. Tennis Pro Randy Boiko has spoken to many of these individuals and he believes that a modest reduction in the fee for non - residents will bring back the many individuals and families who left Dante Fascell. We also believe the new fee will attract new non- residents to come play at Dante Fascell Park. This should increase total revenue for the facility. The recommended fee changes are: Non- Residents Existing Proposed Annual Individual Membership $426.00 tax included $319.50 tax included Annual Family Membership $532.50 tax included $479.25 tax included RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ADJUST NON - RESIDENT FEES FOR TENNIS MEMBERSHIP AT DANTE FASCELL PARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, Last years increases resulted in a loss of clientele; and WHEREAS, City of Coral Gables Salvadore Park lowered their fees and those playing in South Miami opted to leave Dante Fascell; and WHEREAS, Adjusting our Tennis rates will result in increased membership and participation; and WHEREAS, Adjusting our Tennis rates will increase revenues; and WHEREAS, The following are the Dante Fascell Tennis Fees: Non- Residents Existing Proposed Annual Individual Membership $426.00 tax included $319.50 tax included Annual Family Membership $532.50 tax included $479.25 tax included NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That non - resident tennis fees would be adjusted. Section 2. The City Manager is hereby authorized to adjust Tennis fees for Non - Residents annual individual memberships to $319.50 tax included and Annual Family Memberships to $479,25 tax included. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October, 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: %) TENNIS CEN! "ERS el, PRORATED ANNUAL MEN 3ERSHIP FEES ow NOTE•.- PRORATION BASED ON TWELVE (12) MONTH PERIOD. QUARTER FROM JULY TO SEPTEMBER NOT AVAILABLE. 12/4/01 VA 'bcue A-v RES' RES 's RES, NON ES RE ON RE S ADULT FIOR HUS/WIFE UNIOR \ADULTIt S/WIFE J�Nr\AkS OCT 140.00 225.00 255.00 85.00 280.00 420.00 450.00 149.10 239.63 271.58 90.53 298.20,-% 447.30 479.25 WITH TAX 128.33 206.25 233.75 77.91 256.66." 385.00 412.50 NOV 136.68 219.66 248.9 5 80.98 273.35 410.03 439.32 WITH TAX . 116.66 187.50. 212.50 70.82 233.32 350.00 375.00 DEC 124.25 199.69 226.32 75.43 248.49 372.75 399.38 WITH TAX 104.99 168.75 191 .2'..", 63.73 209.98 315.00 337.50 JAN 179.72 67.88 223.63 335.48 359.44 WITH TAX FEB 93.32 150.00 170.00 56.64 186.64 280.00 300.00 WITH TAX 99.39 159.75 181.05 60.33 198.78 298.20 319.50 MAR 81.65 131.25 148.75 49.55 163.30 245.00 262.50 WITH TAX 86.96 139.79 158.42 52.77 173.93 260.93 279.57 APR 69.98 112.5 127.50 42.46 139.96 210.00 225.00 WITH TAX 74.53 119.82 135.79 45.22 149.06 223.65 239.63 MAY - 58.31 93.75 106.25 35.37 116.62 175.00 187.50 WITH TAX 62.10 99.85 113.16 .37.67 124.20 186.38. 199.69 JUN 46.64 75.00 85.00 28.28 93.28 140.00 150.00 . WITH. TAX 49.68 79.88 90.53 30.12 99.35 149.10 159.75 NOTE•.- PRORATION BASED ON TWELVE (12) MONTH PERIOD. QUARTER FROM JULY TO SEPTEMBER NOT AVAILABLE. 12/4/01 VA 'bcue A-v CITY OF SOUTH MIAMI INTE R OFFICE MEMORANDUM To: Mayor and City Commission Date: October 8, 2002 From: Charles D. Scurr City Manager REQUEST: Agenda Item # a, Comm Mtg. 10 -15 -02 Re: Authorizing the City Manager to execute agreement with C3TS for Dante Fascell Park Tennis Facility Rehabilitation & Drainage Improvements A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR PROFESSIONAL ENGINEERING SERVICES, FINAL DESIGN, BID AND CONSTRUCTION PHASE SERVICES FOR THE DANTE FASCELL PARK - TENNIS FACILITY REHABILITATION AND DRAINAGE IMPROVEMENTS, IN THE AMOUNT OF $15,360.00 TO BE CHARGED TO FLORIDA EMERGENCY MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345 AND RELIEF FUNDING, ACCOUNT NUMBER 110 - 0000- 132 -2070; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: In accordance with the City's agreement with the Federal Emergency Management Agency and State of Florida Department of Community Affairs, Contact No. 01- RM- L5- 11 -23 -02 -065, we are ready to commence repairs to the Dante Fascell Park Tennis Facility drainage system. The proposed repair was a result of October 2000 No name Storm that damaged the tennis facility and generated debris /material carried away by the stormwater surface runoff clogging the drainage system. The proposed improvements will design for the tennis court rehabilitation, drainage system improvement, parking lot sealing and striping. The funding provide by FEMA/DCA 87.5% of $65,967.81, which serves as the current account balance for the project. RECOMMENDATION: It is recommended that the City Commission approve the resolution ATTACHMENTS: ❑ Proposed Resolution ❑ FEMA / DCA Contract No. 01- RM- L5- 11 -23 -02 -065 ❑ C3TS Proposal with attachment RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR PROFESSIONAL ENGINEERING SERVICES, FINAL DESIGN, BID AND CONSTRUCTION PHASE SERVICES FOR THE DANTE FASCELL PARK- TENNIS FACILITY REHABILITATION AND DRAINAGE IMPROVEMENTS, IN THE AMOUNT OF $15,360.00 TO BE CHARGED TO FLORIDA EMERGENCY MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345 AND RELIEF FUNDING, ACCOUNT NUMBER 110- 0000 -132 -2070; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami, Florida, wishes to provide drainage improvements for the Dante Fascell Park Tennis Facility Rehabilitation and Drainage Improvements; and, WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of C3TS, to provide final design, bid phase and construction phase services for Dante Fascell Park Tennis Facility Rehabilitation and Drainage Improvements. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to enter into a contractual agreement with C3TS for the professional services in connection with the final design, bid phase and construction phase services for Dante Fascell Park Tennis Facility Drainage Rehabilitation. Section 2. The project is funded through the Florida Emergency Management Agency (FEMA) Disaster Number 1345. Section 3. The total amount $15,360 will be drawn from account number 110- 0000 -132 -2070. PASSED AND ADOPTED this 15�h day of October, 2002. APPROVED: ATTEST: Ronetta Taylor, City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY Julio Robaina, Mayor Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Wiscombe: Commissioner Feliu: f E Floxida Davartmant of community Affairs Contract No. 01- RM- LS- 11 -23 -02 -055 DISASTER RELIEF FUNDING AGREEMENT This Agreement is between the State of Florida, Department of Community Affairs (the "Grantee") and, City of south miami (the "Subgrantee ^). This Agreement is baeed on the axistonce of the following conditions: The South Florida Floods had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a declaration of emergency by the Governor in Executive Order 00 -2$7. In consequence of the South Florida Floods, the President of the United States declared the South Florida Floods a major disaster in the following counties': Miami -Dade, 8roward, Monroe, and Collier. The Public Assistance Program was made available to eligible applicants in the counties of Miami -'bade and 8roward. The Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds re- quires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs with its Subgrantees. G A Budget Amendment has been prepared and is being considered to provide for the necessary funds and authorities for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal finatcial 1 M'd m T T0. 81 daS..., 164T__0T7- 0G8 :xeJ U01 ;V8E11W S Rjanoaad Assistance from the Agency consequent to a presidential declaration of d1saster. Based upon the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities ", are those activities-authorized in the FEMA -State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended 42 U.S.C. 5 5121 -5201; 44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency. B. "FEMA -State Agreement" is the agreement of October 9, 2000 between the Federal Emergency Management Agency and the e State of Florida, for Disaster No. FEMA- 1345-Da -PL. ARTICLE II. APPLICABLE Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA. -State Agreement and all applicable state and federal legal requirements including, without any limitation onethe generality of the fora -- going, the requirements of 44 C.F.R. Parts 13 and 206, and the Policies of the Federal Emergency Management Agency. .ARTICLE III. F=ING and tNS Arta, Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Bmargency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined in accordance with 44 C.F.R. PVC T 2 FEM -1345•Mrl £0'd L��Zi IQ, 8Z deg I6�i- OTti- OS�:X'2� UOj�p6j��W $ fiJ6�,a�ad parts 13 and 206. A. The approved Project Worksheets shall be transmitted to Subgrantes, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total amount of funding. The approved Project Worksheets shall document the total'eligible costa and the total federal share of those costs, which shall be seventy -five (75) percent of all eligible costs. Contingent upon an appropriation by the Florida Legislature, the Grantee agrees to provide one -half of any non - Federal share for local government and Private Non- Profit Subgrantees. As a condition of receipt of the funding, and contingent upon an appropriation by the Florida Legislature, where required, the Subgrantee similarly agrees to provide any non- Federal share not paid by the Grantee. S. As a condition to funding under this Agreement, the Subrantse agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of'hazards` for which the disaster was declared to cover any and all projects to be funded under this Agreement ?WS GC 'd LT: where insurance is available and reasonable. Subgrantee shall provide grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. DUPLICATION OEI NE STS PROMBITION. Subgrantee may not receive funding under. this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantse shall withOUt delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnificarion from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate: benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the,eevent that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement- the Subgrantee gives Grantee ax—the Comptroller of the States of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. COMPLIANCE _W??14 LN'VIit h'"!SN"''n? Pr,ATrnr.r%*G AND ti ,RAj„TuXTIN AW . Subgr antes shall be responsible for the implementation and completion of the approved projects described in the Project worksheets im a mR=e:r acceptable to Grantee, and in accordance with applicable legal requirements. The contract Pw 4 4 YMu•1345.nttn. SO d .. 0:r_1T 10, ST'dQs T6LT- L'Tb- O�:x�� uo 11e61T1W "3 6eanoo2� documents for any project tndartaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project site$ as may be needed to ensure that the project complies with the contract documents. ARTTCLH VI. Reauirad Documentation Reviews &n! Inspections.. Subgrantee shall create and maintain documentation Of work performed and costs incurred on each project identified in a project Worksheet Sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee, shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall ,submit the following documentation for Large projre'cta (the Small Project threshold for this 'declaration is $50,600. 00) : -? 1. A Request for Advance or Reimbursement conforming to the sample attached tc' this `Agreement `to'Attachment'A; 2. A Summary of Documentation Form conforming to the sample attached to thi$ Agreement as Attachment A, which shall be Paso s S ��vt�- 1 #45 -DA -PL 90 'd 2fiz TO,* 8T d'as.. T6LT- 0Tb- 0S8:xe.1 U014e61�1W I Rj@Aooa8 supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for final inspection; 4. A signed Project Listing upon the completion of all projects; and S. The Project Listing and Certification specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the Project Listing and Certification that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the data of completion. C. grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project worksheets, Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII, Cost zhar3na. The federal share of the eligible costs specified in the project Worksheets urder. this Agreement shall be seventy -five (76) percent of such.costs and the nonfederal share shall be twenty -five (25) percent. As a condition of funding under this Agreement, the Grantee shall pay fifty (50) percent of the nonfederal share and Subgrantee shall pay the remaining fifty (50) percent. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon an appropriation defining the apportionment of the nonfederal share. Adminimtrative casts in addition to the pap 6 6 FEMA•1345 -DR -M ZO.d..' bT :ZT 10. `8THd T6ZT- 4Tb -(Y38: EJ -, UG)W6)1114 'g AJBAOOab Project worksaheats that are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds will also be funded by the Federal Emergency Management Agency. ARTICLE VIII. Payment _of Co5t5. Grantee shall disburse they eligible costs to Subgrantee in accordance with the following procedures A. Grantee shall disburse the:.federal:'and nonfederal: shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as aoon.as practicable after Subgrantee has delivered the following documents to Grantees 1. A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreement as Attachment A; 2. A summary of Documentation Farm conforming to the sample attached to this Agreement as Attachment B, which shall be. supported by original documents such ai contrast 46c(iments, invoices, purchaae orders, change orders and the like; and 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C.' Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets Toga 7 7 FWA- 130 -DR -FL 80'1 trl:Li.i 70, Wda5.. TUT--OTV -OSB 'x63 UOJW1511iW � AJ@AU33J I the following conditions: 1. Subgrantaa shall, demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delays 2. Subgrantee shall submit to Grantee the budget suppor4ing the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and 5. Subgrantee shall pay over to ' Gran tee any interest earned on: advances for - remittance to the Federal Emergency Management Agency as often 'as''practicable,' and in any event not'°later than ' ten (l0 }' business days after 'the close of each-'calendar 'quarter. D. 'Subgrantee may make improvements to the project facility in- conjunction with its restoration of the facility to its predisaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee. H. In any case in which Subgrantee certif jag '=to Grantee in writing that the restoration of a damaged public , ~facility to' its predisaster'condition'is not in the best interest of the public, Subgrantee g y request ° °Grantee and the Federal' Emergency •`-< Management Agency to approve an alternate project in accordance with 44 C: before the commencement ' of any work....,. s $ FSk1A 1345- Iilt -[+L fi0'd'` trZ Li IOC '8T daS `` T6Li -01V - OS8:X*eJ UOJ ;P81JJW 16janoaaa r. Grantee may, in its discretion, withheld its portion of the nonfederal share of funding under this-Agreement from Subgrantee if Grantee has reason to expect a subsequent' unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment, Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. subgrahtee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Lange projects, the Grantee shall have performed the final insp°sction; D. In thy;case of small Projects, the Project Listing and Certification shall have been reviewed by grantee, or Grantee shall have performed.a' final inspection; and E. Subgrantee shall have requested final reimhvroement. ARTICLE X. Re2ords Maintgaaage, The funding of eligible costs under this Agreement and the performance of all other conditions shall be subjact to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "'Uniform Administrative Requirements for Grants and cooperative Agreements to State and Local Governments," as codified in 44 C.F.R. Paxt 13, as amended; PAP 9 9 FEMA- 1345-DR -FL OT 'd SI: Zi I0. 8T das... TUKIV -OS8: red uoJ V6J J JW 1 6J@AQaad B. Office of Management and Budget Circular No, A -87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A -110, "Uniform Administrative Requirements for Grants and Other Agree - ments with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations," as amended; and D. office of management and Budget Circular No. A -122, "Cost Principles for Non - Profit Organizations," as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following event a, whichavex is the latex: 1. The completion of final inepeetion.and final audit, and the final resolution of any issues identified in the same; or 2. The expiration of three (3)'years from the date of final disbursement under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of 'the United States, the Grantee, and the Federal Emergency MaLuagement Agency between 8:00 a.m. and 5100 p.m. on weekdays other than official holidays . ARTICLE BI. Reimbursement of .zunds. If upon final inspection, final audit, or other review by Grantee, the Federal Emergency management Agency or other authority determines that the disbursemerits•to Subgrantee under this Agreement exceed the eligible costs, ,Subgrantee shall reimburse-to Grantee the�sum-'by ;which the total disbursements exceed the eligible costs within PW l0 10 MBA- 1345 -AR -FL tiT'd Gi i1 10, ST 15J@AOO@� forty -five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. gym,,, Subgrantse shall submit an Audit of Agreement Complianoa to Grants &, and shall have an independent audit performed by a Certified Public Accountant'if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $36D,000.00. A. Subgrantee will conduct the audit it accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental organizations, Programs, Activities and Functions, 2. The standards established by the American Institute of Certified public Accountants= 3. The requirements of 65 11.45,'216.34.9 and 216':3491, Fla. Stat. (2000), and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of °1984, Pub. L. 98 -5C2, as amended, 31 U.S.C. §S 7$01 -7$07, to the extent here applicable; and S. office of Management and Budget Circular No. A -133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall' submit "an organization- wide audit. 'We 11 FBMA -MSOA FL . , zi'd , .. 9T � LI i0; St sag " ,; j6Lt- GZtr -0S8: xa� , uo� �e6 E �iW '8 �►.aanoaad C. The audit shall be due not later than seven (7) months after the close of the fiecaal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability fo the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. 3. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncombllii; ;ace. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise clue Eubgrantes for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its k remedied under the Agreement in 'accordance with Articles XXI and XXV of this Agreement. ARTICLE XXV. N- ondiscri_minetion by Contractors- Subgrantee, shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, in accordance with 44 C.F.R. Parts 7 and 16, and 44 C.F.R part 206. In addition, Suhgrantge shall be subject to the requirements in Pale 12 12 "MA 1343 -D24L £T'd ST:Z1 10. 81 daS I6ZT- OJV- OS8:XVJ u01}2G ;;IW I °JanaOad the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by bath parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside ift the mole discretion of the Federal Emergency Management Agency. Any approved modification to a project Worksheet,sha,ll be noted in a Supplenental- Project Worksheet version for the project. if otherwise allowed under this Agreement, any extension shall be in writing and 'shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI.. Tine for Performance_, Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or by the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of permanent work shall be 'e.-Oghteen (J$) months from PAP 13 13 FWA- 1345 -DFWL dT'd 9 T:IT TO, BT tla,._ TUT- 01V- Oss:xej +.1o1 ;P61;TW 16J@AOJ@8 the date of the Presideatixl Declaration. For Large projects the Summary od* Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantees not later than thirty (3'0) days from the completion of all work, or : the approya,l ; of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the 'latest approved,date for completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVIY. Contracts U1 th Others. If the Subgrantse contracts with any other contractor or vendor for performance of all or any portion of the work required under, this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and. Subgrantee harmless from liability!,to third.parties: for. claims asserted under such contract. ARTICLE XVIII. Termination. Either of the parties may ter'minatt this Agreement by notice in writing delivered to the address specified in Article XXIII of this Agreement. Such termination shall take effect thirty (30) daya after the date of such notice. Such termination $hall not affect the rights, ?w 14 . r .. 14 MMA- 1345- DP.-FL ST .d Li:Z- T01 ST ddS TUT- OTb- OSs:xeJ uoi ;e6)JJW I RJ@AaaaN interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XTX. Liability, A. Grantee assumes no liability to third parties in t connection with this Agreement. Unless the Subgrantee is a governmental entity covered by 1 768,28(5), Fla. Stat. (1999), the Subgrantee shall be solely responsible to any and all Contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmleee' from the same. H, For the purpose of this Agreement, the Grantee and Subgrantae agree that neither one is an employee or agent of the other, and than each one stands at an independent contractor in relation to the other. C. Nothing 'n this Agreement shall be construed as &•waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as a consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. D. Subgrantee represents that to the best of its knowledge any hazardous substancea at its project site or sites are present in quantities within statutory and regulatory limitations, and do P #4e I3 9T 'd D : LT 10 . 81 day 15 FEMA-1345•DR -F1. %ZT -0Tb- 0S8:XeJ' uc(�e6(J(W I - 9JGA03a� not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Rrpgxts,. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforminq to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Subgrantes is notified.. All subsequent Quarterly Reports shall be due not later than thirty (30) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, th6 scope of work, the project costs, or any other factors that may affect compliance with this Agreamant. Interim inspections !shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantse shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement,''the Summary of Documentation, and the Quarterly Reports; the -contact for- Grantee will be: the State` Public- Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the Page 16 16 FPA*-13J54)R.FL ZT'd ' 8I�LI iO� 8I daS I6LT- OTb- O'§:W...UO1iF6mw 16J3nO3aZi following conditionsi A. The performance and obligation of Grantee to pay under this Agreement is contingent upon are annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with'5 252.37(4)► Fla. Stat. (2000). B. Bills for fees or other compensation for services or expenses must be submitted .in detail, sufficient for a proper pre - audit and post- audit. C. Grantee may terminate this Agreement for refusal by the Subgrantea and its ccntractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in 1 119.07(1), Fla. Stat. (2000), that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors wit,h these requirements shall 'constitute the nonperform'Ance of a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under this Agreement will ba used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. PW 17 17 FEMA- 1345- DR-FL ST d 8T !/-I T0, 8T daS.. T6LT- OTV- OSB�xsj uo��e$��W g fi�anoaa� E. Subgrantee certifies with respect to this Agreement that it possesses the legal authority to receive the funds. F. subgrahtee agrees that responsibility for compliance with this Agreement rests with the Subgrrantee, and further agrees that noncompliance with this Agreement shall be adequate cause for the recissian, suspension or termination of funding under this Agreement, and may affect its eligibility for funding under future Subgrantee Agreements. ARTICLE XXII. Term,, This Agreement shall take effect upon its execution by both parties, and shall terminate upon the approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence the project(s) specified by this Agreement without delay. ARTICLE XXIII. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by InterNet, by telefacsiimile, by hand, or by certified latter to the following respective addresses. FOR THE GRANTEE: FOR THE SUBGRANTEE: W Craig Fugate, Interim Director Hakeem_K, o_shikoya �piviaion of Emergency Management Department of Community Affairs Financial Director City!' offSSol, tb Miami 2555 Shumard Oak � lvd 6. 30' Sunset Drive SQuth MJAMi . Plorida Tallahassee, Florida 32399 -2100 ARTICLE XXIV. D- egignation of Agent. Subgrantee hereby designates Hakeem K. Qshikoya I as its Pap lE 18 MMA.134S-nR.FL 6T 'd 8i :LI j0� 8T aaS T6�Z- QIb- flS8:xed uol ;e6� }�W 'g 6je"wiq primary agent, and designates Charles Scurr as its alternate agent, to execute.any Request for Advance or Reimbursement, certification, or other necessary d6cumentati=4 ARTICLE XXV. Events of Default Remedies., and Termination A. Ubon the occurrence of any one or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and &11 funding under this Agreement upon the occurrence of any one or more of the following: 1. Any representation byySubgrantee in this Agreement is inaccurate or incomplete'-ifi any material redpe,ct, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement. 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement ist.in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from grantee; 3. -Any reports required by-this Agreement have ;not been 1W 19 19 FWA-1345-D14L Oz 1.T TO,�SI aaS T6LT-UTb- OS3:XV4 'UOj; Sj1jW 2 RJ@A03ad . . t submitted to Grantee or have been submitted with ina-- curate, incomplete, or inadequate information; or 4. The monies necessary to fund this'Agreemcnt are unavailable due to any failure to appropriate or other action or inaction by Congress or the Legislature, or due to a6y action of the office of the Comptroller or the Office of Management and Budget. B. Upon the occurrence of anyone or more of the following A events, Grantee may at its option give notice in writing to Sukgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantes to cure, Grantee may exercise any one or more of the fallowing remedies: 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXIII.of this Agreement: such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreements 3. Withhold the disbursement of any payment or any portjQn of a payment otherwise due and parable under this Agreement or any other Agreement with Subgrante3e and a; Take any other remedial actions which may`otharwise be` available under law. C. Grantee may terminate this Agreement for any misrepresentation of any material fact, fcr they failures or 20.. ,. , _ 20 MiA- 1345 -DR -PL TZ'd 10 :01 10, Oz 6 S W- 017--0sa :Xej UOT�P611iW 16jano3ad nonperformance of any condition or obligation under this Agreement, or for noncompliance with any applicable legal requirement. D. Rescission, suspension or termination of this Agreement shall c4nstituta final action by the Grantee within the meaning of the Administrative procedure Act, as amended. Notwithstanding the preceding sentence, any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantees all funds disbursed to Subgrantee under this Agreement, F. Notwithstanding anything to the contrary el`sewhare in this Agreement; the rescission, suspension or termination of this Agreement by Grantee shall not 'relieve Subgrantee -of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise duet Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee iea determined. to the event the Federal Emergency management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee then Subgrantee shall immediately repay such funds to Grantee. +f the Subgrsntee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Peke 21 U'4 10:01 10, OZ deg 21 FEt�Lt.•13�5 Dli -FI 16Li�i1b- 0S8:xp,� uo��efi1�iW � .ri.lanoaa� subgrantee in accordance with this Article ARTICLE XXVI,. AttAChMgnts. A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in tKe text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall be controlling,, but only to the extent of such inconsistencies. C. This Agreement has the following attachments: 1. Attachment A "Request for Advance or Reimbursement" $. Attachment 8 "Summary of Documentation" 3. Attachment C "Quarterly Report Schedule and Instructions" y. hPu iZ FEMA- 1845 -DR FL 2Z 'd ZO:OT TO. Oz daS - " ' TUT -GTV -058 x?j uoi;e:Bj;jW 1 �jd,1o3a8 IN WITNESS HER307, the Grantee and Subgratitee have executed this Agreement; ZOR 'THE GRANTEE DEPARTMENT OF COWUNiTY AFFAIRS, State of Florida, By- 3y, Chmig Fugate W. Craig Fugate, Interim Diroator Division of FWergenq Management (Date) _Public Assists gg Program Program Description 01- RM- LS- 11- 23 -02 -065 ContraotNumber jN THE of Sou (Subgrantca) r (NAK) M K HIKOYA &ZJ44col FINANCE DIRECTOR (Title) 9/20/01" (Date) �9- 6000 -431 ederal Employer A7 —0, Pin 23 FEM - U45 -DR-FL VZ'd Z0:0[ 10, OZ deg - I6Lt- 0TV- 0S8:X*Pj uolw.Bmw 2 ^nJ@A03ad WORK ORDER FOR PROFESSIONAL SERVICES TO: City of South Miami Public Works Department Engineers 4795 SW 75thAvenue Architects P I o n n e r s South Miami, Florida 33155 ATTENTION: W. Ajibola Balogun, Public Works Director PROJECT NAME: Dante Fascell Park —Tennis Courts Rehabilitation and Drainage Sout!. 1.0.ia.m.1 Florida SCOPE OF SERVICES: Date: 8/29/02 File: 1929 -04.02 E B 0 0 0 5 0 2 2 Final Design Phase: AAC002142 Final design of improvements (which consist of courts rehabilitation, drainage and parking lot resealing and restriping), preparation of construction documents, project manual and specifications. Bid Phase Services: Provide bid advertisement documents, respond to bidders' questions and attend pre -bid conference. Prepare addenda to Bid Documents, if required, to clarify the requirements of the Bid Documents. Tabulate and evaluate bids received, check references of the lowest responsible bidder and make recommendation for award. Construction Phase Services: 1. Attend pre- construction conference, and prepare minutes. 2. Perform Construction Engineering Inspections to check for general conformance with contract documents, and to review progress. 3. Review and approve / disapprove all shop drawings. 4. Review the Contractor's Application for Payment and submit recommendation to the City. 5. Perform final inspection, punch list and final Application for Payment review. TERMS AND CONDITIONS: All terms and conditions shall be per our General Agreement for Engineering Services. Our fees for the above services shall be as per the following lump sum fee schedule: Final Design Phase ................................ ............................... $5,200 BidPhase Services ................................. ............................... $2,630 Construction Phase ................................. ............................... 7 530 Total $15,360 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer W.O. Dante Fascell Park —Tennis Courts Rehabilitation and Drainage, South Miami August 29, 2002 Page 2 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Thank you. Corzo Castella Carballo T ompson Salman, P.A. Ramon Castella, P.E. Vice- President RC /er City of South Miami Approved by: Date: L:\ Projects\ 1929- 00 \W.O- Proposals \W.O.DanteFascellTennis Courts.doc FEE WORKSHEET DATE: August 29, 2002 PROJECT: Dante Fascell Park Tennis Courts Rehabilitation and Drainage Final Design Phase Task Prin PE El S. Tech Tech Cler Drainage Design 2 4 4 2 8 2 Courts Rehabilitation 2 2 6 4 8 - Parking Lot Resurfacing and Stripe - - 2 - 6 _ Project Manual - 2 4 - - 2 _Specifications 2 6 - - - 6 Sub -Total Hours 6 14 16 6 22 10 Billing Rates 140 95 75 65 45 45 Labor Costs 840 1,330 1,200 390 990 450 Total = $ 5,200 Bid Phase: Task Prin PE El S. Tech Tech Cler Pre -bid Meeting 2 _ - 2 Shop Drawing Review Contractor RFI and Clarifications Contractor Payment Requisitions Periodic Inspection Final Inspection & close -out 2 Contractor Inquiries and Addendum 2 - - - 32 2 2 2 4 8 4 Sub -Total Hours 12 2 Review Bid Proposals 2 4 4 140 95 2 Bid Tabulation 45 4 1,680 2,090 900 2 Recommendation for Award 2 2 Sub -Total Hours 8 8 4 10 Billing Rates 140 95 75 65 45 45 Labor Costs 1,120 760 300 0 1 0 450 Total = $ 2,630 Construction Phase: Task Prin PE /GM -El Insp. Cler Pre - construction Conference 2 2 _ - 2 Shop Drawing Review Contractor RFI and Clarifications Contractor Payment Requisitions Periodic Inspection Final Inspection & close -out - 2 2 4 2 2 4 4 6 4 6 4 2 - - - - - 32 2 2 2 4 8 4 Sub -Total Hours 12 22 42 34 22 Billing Rates 140 95 75 55 45 Labor Costs 1,680 2,090 900 1,870 990 Labor Sub -Total = $ 7,530 LAProjects \1929- 00 \W,0- Proposals \FeeW orksheetDanteFascellTennisCourt.doc MEMORANDUM TO: Mayor and City Commission City of South Miami FROM: Luis R. Figueredo DATE: September 16, 2002 RE: 73`d Street Parking Garage Project — Loan to MRP Properties, Inc. The lease agreement approved by the City Commission authorizes the City to make a loan to Mark Richman Properties, Inc. ( "MRP ") to enable MRP to co- develop a mixed use parking structure project. In order to assess MRP's ability to repay the loan and the strength of Mr. Richman's personal guaranty, we retained Mr. John Pell, a certified public accountant, to undertake an analysis of Mr. Richman's financial statement. Gibraltar Bank also performed its own analysis of Mr. Richman's financial records. Both concluded that based upon the financial records submitted, Mr. Richman currently has the financial ability to repay the loan. The Commission was apprised of the findings regarding the financial analysis performed. In light of the City's commitment under the lease agreement to provide project financing together with the due diligence performed regarding Mr. Richman's financial capability, we were directed to proceed with the loan closing. On Wednesday, June 12, 2002, the City of South Miami provided MRP with project financing in the form of a loan in the amount of $2,439,944.52. Copies of the closing documents were transmitted to each Commissioner on June 19, 2002. The closing documents consisted of the following: 1. Settlement Statement; 2. Loan Agreement; 3. Promissory Note; 4. Mark Richman's Personal Guaranty; 5. Mortgage securing the loan; 6. Corporate documents authorizing Mark Richman Properties, Inc. to obtain the loan; and 7. Title Insurance Policy. The purpose of this resolution is to simply ratify the loan previously authorized by the City Commission. Ordinance No. 35 -01 -1766 provided that the City Commission would have the opportunity to approve the lease to MRP. Attachment: Ordinance No. 35 -01 -1766 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE; RATIFYING A $2,439,944.52 LOAN TO MRP PROPERTIES FOR THE DESIGN AND CONSTRUCTION OF A PUBLIC PARKING GARAGE PROJECT LOCATED AT S.W. 73rd STREET; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 20, 2001, the Mayor and City Commission approved Ordinance no. 35 -01 -1766 authorizing the City Manager to execute a lease agreement with Mark Richman Properties, Inc. (MRP) for a parking garage project; and, WHEREAS, the lease agreement with MRP Properties provides for the City to secure the project financing and to make MRP Properties a loan to cover MRP's share of the project costs; and, WHEREAS, on January 15, 2002 the Mayor and City Commission authorized the City Manager and the City Attorney to enter into negotiations with the Florida Municipal Loan Council for a permanent loan for an amount not to exceed $8,500,000.00 for the design and construction of the project and for refinancing the property which constitutes MRP's contribution to the project; and, WHEREAS, on May 17, 2002 the City received a project loan in the amount of $6,500,000 fi-om the Florida Municipal Loan Council; and, WHEREAS, the loan documents evidencing a loan to MRP Properties to cover MRP's share of construction costs and projected related costs in the amount of $2,439,944.52 were distributed to each Commissioner on June 19, 2002 for their review and comment. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The loan by the City to MRP Properties in the amount of $2,439,944.52 and the loan documents evidencing the loan are ratified. Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by eN,e kiiig. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PASSED AND ADOPTED this 15th day of January, 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \\Dell_6100\Documents \City of South Miami \0022- 023 \14923.doc Page 2 of 2 r .�'' of � � •� ORDINANCE NO. '35-01-1766 AN ORDINANCE OF . THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC., FOR THE GRANTING -OF AIR RIGHTS ABOVE MRP PROPERTY TO THE CITY, THE LEASE BY MRP OF CERTAIN CITY PROPERTY AND THE CO- DEVELOPMENT OF A PARKING STRUCTURE PROJECT AT SW 73 STREET BETWEEN SW 58 COURT AND 58 AVENUE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE: WHEREAS, the City of South Miami is the owner of property located at S.W. 73rd Street on the south, S.W. 58'h Avenue on the east, S.W. 581` Court on the west and an alleyway on the north, which is currently used for surface parking; and, WHEREAS, the Mayor and City Commission, desiring to develop a multi -use parking facility on the property, issued a Request for Proposals on June 20, 1997; and, WHEREAS, the response by SPG Phase One, Ltd. was selected by the Mayor and City Commission, the parties engaged in extensive negotiations over the terms and conditions of the agreement for the construction and management of the parking facility, and the City approved a lease agreement between the City and SPG; and, WHEREAS, the lease agreement allows SPG to assign the lease to Mark Richmond Properties, Inc. and the City has re- negotiated the lease to provide that MRP will deed the air rights over its property to the City, the City will lease additional ground space to MRP for retail use, and the parties will co- develop a park -hag structure on the property; and, WHEREAS, this lease agreement will be subject to approval by the City of applications for development approval of the property, such as special exceptions, funding of the development by the Florida Municipal Loan Council or other lender acceptable to the City, a determination of credit - worthiness of Mr. Richmond in connection with any private guarantee for repayment of funds borrowed by the City, and delivery of a release of liability by SPG and its principals; and, WHEREAS, the Mayor and City Commission have determined that it is in the bests interests of the City of South Miami to enter into the proposed Agreement. Page 1 of 2 Additions shown by underlining and deletions shown by ever -stFg. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Lease' Agreement between the City of South Miami and Mark Richman Properties, Inc, dated November- 2001, which is annexed to this ordinance, . is approved; provided, however, this lease, the lease between the City and SPG Phase I, the assignment of the SPG Phase I lease to MRP Properties, Inc. and the release of claims by SPG Phase I shall be delivered simultaneously at a closing of this transaction. Section 2. The City Manager is authorized to execute the Agreement on behalf of the City of South Miami. Section 3. If any. section, clause, sentence, or phrase of this ordinance 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 ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this 20 day of November , 20al. ATTEST: APPROVED: ti CITY CLERK d, MAYOR 1 s' Reading -Nov. 6, 2001 2 °d Reading - Nov. 20, 2001 (as amended) READ AND APPROVED AS TO FORM CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice Mayor Feliu: Yea - Commissioner Wiscombe: Yea Commissioner Bethel: Yea Commissioner Russell: Yea Page 2 of 2 Additions shown by underlining and deletions shown by ever-stFiJdm: INCORPORATED 1 - A LOR1V Excellence, Integrity, Inclusion MEMORANDUM To: Mayor and City Commission Date: November 19, 2001 (Updated) From: Charles D. Scurr /'�'� L e se Agr ement with Mark Richman City Manager Properties, Inc. REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC., FOR THE GRANTING OF AIR RIGHTS ABOVE MRP PROPERTY TO THE CITY, THE LEASE BY MRP OF CERTAIN CITY PROPERTY AND THE CO- DEVELOPMENT OF A PARKING STRUCTURE PROJECT AT SW 73RD STREET BETWEEN 58TH COURT AND 58TH AVENUE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND EFFECTIVE DATE. BACKGROUND & ANALYSIS Proiect History The City of South Miami first issued a Request for Proposals in June 1997 for the municipal parking lot located at SW 73`d Street and SW 58`h Avenue. In September 1997, the City Commission awarded the proposed project for the design, construction, leasing and management of the mixed -use development and parking garage to SPG Phase One. .. The initial project was for a mixed -use parking garage that included the following: • Area - Only the City of South Miami Parking Lot, not including the Richman Property; • Parking Spaces ♦ Total Spaces — 257 ♦ City Replacement Parking — 73 ♦ Code Required Parking — 58* (* Includes shared parking credit, does not include Metrorail credit) ♦ Net New Parking Available 100% -126 ♦ Net New Parking Available Nights & Weekends —133 • Mixed Uses ♦ Retail - 15,000 SF ♦ Office - 8,000 $F ♦ Residential - 0 Units The project has experienced a series of changes, evolutions and delays. On February 6, 2001, the City Commission approved a Lease Agreement with SPG for "Version 7" of the Project. The "Final SPG Mixed Use Project" included the following: • Area — The City of South Miami Parking Lot and the Richman property; • Parking Spaces ♦ Total Spaces — 442 ♦ City Replacement Parking — 73 ♦ Code Required Parking — 148* (Includes shared use credit; does not include Metrorail credit) ♦ Net New Parking Available 100% - 221 ♦ Net New Parking Available Nights & Weekends — 314 • Mixed Uses. ♦ Retail @ 28,200 SF ♦ Office @ 29,434 SF ♦ Residential @ 0 Units The geometry of the final project included the following: • Ground Levet — Retail • Second Level —100% Municipal Parking • Third Level —100% Municipal Parking • Fourth & Fifth Level - 50% Office; 50% Parking • Roof — 100% Parking The height of the building would have been approximately 59 feet. The allowable height in the Hometown District is 56 feet. The project, as expected in a garage facility, might have included maximum lot coverage and might have required a number of special ..exceptions, which would have been the subject of a.separate planning/zoning process and approvals. Since the approval there has been no permitting, design or construction activity . The lease approved by the City Commission allows SPG to assign the lease to Mark Richman Properties, Inc. Mr. Richman and representatives of SPG have indicated that 2 the parties are interested in the lease assignment. The assignment and revised lease are the subject of this Ordinance. The Richman Project The Richman Project includes the following: • Area — The City of South Miami Parking Lot and the Richman property; • Parking Spaces (Two Story /Three Story/Four Story and Rooftop -Configuration) ♦ Total Spaces — 250 / 350 / 450 ♦ City Replacement Parking — 73 ♦ Code Required Parking 60 ♦ Net New Parking Available 100% - 117 / 217 / 317 ♦ Net New Parking Available Nights & Weekends — 117 / 217 / 317 ♦ Height (Approximate) — 26' /36' / 46' • Mixed Uses ♦ Retail @ 19,845 SF ♦ Office @ 0 SF ♦ Residential @ 0 Units The geometry of the final project includes the following: • Ground Level - Retail and Municipal Parking • Second Level —100% Municipal Parking • Third and Fourth Levels (Optional) —100% Municipal Parking • Roof— 100% Municipal Parking The project is very similar to the project proposed by the Red - Sunset Merchants Association I Conceptually the project is quite straightforward: • The City will be responsible for the costs of construction of the parking garage. The City will have full control over the operation and maintenance of the parking garage. The City will retain all revenues from the parking garage. • Richman will deed to the City the air rights above the Richman Property. Richman will be responsible for the costs of construction of the retail space on the Richman Property. Richman will be responsible for the costs of construction, less a $100,000 credit, for the retail space on the City Property. Richman will receive the revenues from the retail space. • The term of the Lease is 50 years. At the end of 50 years the City retains ownership of the air rights above Richman and the City will gain control of the retail on the City property. Richman retains ownership of the retail on Richman Property. • The City will obtain, through the Florida League of Cities, bridge and long term financing for the entire project. Richman will repay the City its proportionate share. Richman will guarantee repayment of his portion of the costs. Financial Considerations Luis Figueredo of the City Attorney's Office has prepared a memorandum detailing the framework of the Lease agreement (Attachment A), as well as a financial pro -forma (Attachment B). The financial pro -forma is based on very conservative assumptions. Under these conservative assumptions the net income for the City would be an expense of $34,000 in the first year of operation. If the $75,000 in parking .meter revenue the City currently receives from the surface parking lot is considered the City's net financial position could be impacted under a most conservative case scenario by up to $100,000 the first year. The conservative financial projections are based on daily revenue of $2 day per space and ticket revenue based on a 10% per space per day violation rate. It is expected that both of these factors will exceed this projection by at least 50 %. Revenue from the current surface meter operation exceeds $3.00 per day and it is likely that revenue from the new facility will at least equal $3.00 per day. Similarly, current parking violations exceed 10% and it is likely that violations in the new facility will exceed 10% and be closer to 20 %. These less conservation and more likely assumptions would yield increases in revenue that could put the facility in a break -even position in the first year or two. of operation. It should be noted that the City would be placing a loan instrument with the Florida League of Cities for the project. It is likely that the City will be required to pledge a portion of the parking revenue stream for the project. This is standard and a pledge of revenue does not alter the cash flow of the City or the project. The City retains full control over all aspects of the parking system. This includes hours of operation, rates, etc. Hometown Plan and Parking Considerations The Hometown Plan envisions vibrant mixed -uses downtown. A central and vital component of the realization of the Hometown Plan is the provision of an "Infrastructure Parking Facility ". This facility is contemplated to provide parking for the existing merchant base and provide a supply of parking for future growth. 4 The Richman Project achieves these objectives. It is a very straightforward project that is essentially an infrastructure parking facility with the required retail on the first floor. The Project will include approximately. 250 parking spaces with the two story and rooftop configuration. The design would include the structural support to add an additional two floors that could provide up total of 450 spaces. The cost and disruption of building these additional floors in the future are important and significant factors. The cost per space for the additional floors would be considerably higher and there could be a disruption to the exiting facility during the period of construction. Staff is, therefore, currently analyzing the cost benefit and need to provide one additional floor at this time. It is anticipated that a final recommendation will be made during the design process when the actual construction costs are more fully developed. Other Considerations The schedule for the project has been developed to accommodate the downtown merchants and businesses. Construction would not commence until February 2003, after the Holiday Season. The City and Richman also recognize that this facility will be a "signature" and important element of the downtown area. Every effort will be made to have the architectural design completed in an exemplary manner. The City will be issuing a competitive RFP for the design of the facility. It is also anticipated that the competitive "Construction Manager at Risk" procedure will be used for construction. It should be noted that one of the City's requirements is the provision by Richman of a general release from SPG releasing the City from any and all causes of actions, claims, demands or alleged damages arising from or related to the original RFP issued by the City. Finally, it should be noted that this garage facility may, dependent upon the design, require special exceptions for items such as lot coverage. There is no special exception required for height. Special exceptions will be considered by the City separately through the planning and zoning process. RECOMMENDATION Approval is recommended. Attachments 5 O O N M ar0 co m to N N M f� (q N U f0 O M r 12 v 0 H w N V9 fA Vf co a) } fp N aD r Lf) N co 0) LO C14 n O v IV co OM -W Qi O f!9 69 N 09 to 59 O7 } r r M C I� u7 O a? N T a JC4 tN0 aMO T O � fH b9 !A Wi N9 0] O7 } c+01. Cl) 0) - Cl) OJ � G1 to N a0 N Of to f% CD c0 aD Cl) O m tr to t9 r 69 69 � N 6% H fF9 0) } N m co fD �. C07 N 10 G r O 07 N 0] M O O a7 69 1� N O1 M m r a7 T R Mf 69 Ni to N } 1Mf) f0 Cl) r M DNj i� OND r co M R N (I a0 Oi O M Imo• O M 1, U7 M 1� Cl) T O 69 69 fH N 0 49 69 69 b9 117 N 0) } O O7 N to n G r m 1Lf) N O O O M W N M 1U fD W N Y! 69 N 69 69 M 6R 07 } 1� O W M7 U O OV N N D1 r N fr7 fro r LO t0 N CO /R fH N f9 69 T M &�. d } O LO O O O N O N O r LO N 1v 117 O CN 00 to M T Q MUi N 09. m � N 0 49 69 to } m l0 N �' l6 U G •° � N i0 C y U M � o N Ol v t E a 0 E ° N o ._ N a A O N co •' 03 ° co � N9 a0 N W 0 0 n O U 69 01 a O N 10 O m O. ri U tl09 Vai N O O. CL N 01 N N a G. U .0) S2 O O Vl N oO. N N W 3 V T. a 0. H o W O O O 0) ° ° h N. 0) f1�17� @ 0 'c E O. d O 0> >_ y 0 0 0 0 X g 0 W E ` N ` U E 07 0 OO C U m N c� R U 0� O E O rZ C W O.. 0 C N@ O/ �. .0 w M O U -25 U U_ P _ U . N j 9 Of M ? d 0 F- 0 x W . m y Ozm stASQ N Z (D a Of 2 PROPOSED LEASE SUMMARY 1. Tenant: 2. Landlord: 3. Guarantor: 4. Demised Premises: Mark Richman Properties ( "MRP ") City of South Miami Mark Richman (see paragraph 10) (a) The municipal parking lot located at S.W. 73`d Street, S.W. 581h Avenue, and S.W. 58`h Court together with the air rights over the Mark Richman Property located at the corner of S.W. 73`d Street and S.W. 58`h Court, in the City of South Miami. (b) Permitted use: mixed use retail and parking garage building. 5. Air Rights: MRP will deed the air rights to the City. 6. Assignment from SPG: SPG under the lease agreement with the City specifically reserved the right to assign the Project to MRP. MRP shall obtain a formal assignment to develop the Project from SPG. 7. Release: MRP will secure a general release from SPG releasing the City from any and all causes of action, claims, demands or alleged damages arising from or related to the Request for Proposal issued by the City of South Miami. A copy of the Release language is attached. 8. Tax Abatement: During the lease term, the City shall abate its share of the ad valorem taxes assessed against the 11,345 square feet of retail to be located on the City's property. It 9. Lease Agreement with MRP: MRP proposes to enter into a lease agreement with the City. A. Initial Term. The initial term of the lease agreement with Richman Properties will be for 50 years. There is no renewal option. B. Ownership of the Building. The City of South Miami o Yens the parking structure; including the air rights over the Richman Property. C. AlleMU,, Considerations. The proposed Project as reconfigured should not impact the alleyway immediately behind Dabby Properties. D. Easement. MRP shall grant the City a perpetual non - exclusive easement for seven parking spaces located on ground level which are partially situated on MRP's Parcel. Palle 1 of 3 E. Thirty Decal Spaces. The City will provide Richman the first option to acquire 30 decal spaces for his tenants at the then prevailing rates. As consideration for the easement, the City will reduce the rate charged for seven parking spaces to account for MRP" ownership interest in the seven ground level spaces. F. Rent Payments. The rent payments for MRP will be calculated to be sufficient to allow for the repayment of MRP's share of the principal and interest of the Project loan. 10. Financing: The City of South Miami shall procure the Project loan to finance the design and construction of the Project. The City can pledge its parking revenues to obtain the Project financing. MRP will pledge the rental income earned from the retail space. Mark Richman will also personally guarantee MRP's share of the bridge loan. The remainder of MRP's share of the loan will be secured by the Lease, the New MRP Building and the MRP Land. The bridge loan will be used to allow MRP to pay for project related costs (including its share of the architectural and engineering fees), refinance the MRP property (this allows the City to be in first position as the secured creditor) and to pay for the City's share of architectural and engineering fees. The parties anticipate that the permanent financing for construction would be obtained in November, 2002. The application for bridge financing will take approximately 45-60 days to process and fund. Bank of America will require that certain commission approvals be in place to ensure that the Project is viable before funding. Approval of the new lease agreement with MRP should be sufficient. 10. Cost Sharing: The costs of the design and construction of the Project will be shared as follows: (a) The parties will participate in the design and construction costs of the Project in proportion to ea*h party's gross area occupation of the Project. (b) The Landlord will pay 100% of the costs of construction of additional parking levels on the Parking Structure which may be constructed at a future date. (c) The Landlord will contribute $100,000 towards Tenant's share of the construction costs of the shell of the Project. (d) MRP will pay 100% of the costs associated with demolishing the Old MRP building. (e) Tenant will pay its proportionate share of the fees associated with obtaining the bridge and long term financing based on its percentage of the Borrowings. (f) Tenant will pay 100% of the cost of the retail space build out of the Replacement MRP Building and the Premises. Page 2 of 3 (g) Landlord will pay 100% of the cost of the parking structure finishes. 12. Design and Construction: The City will prepare requests for proposals for the selection of an architect and a construction management firm. 13. Commencement of Cofistruction: The parties estimate that construction will commence in January-February, 2003. No holiday season construction which impacts the retail shops by severally impacting traffic flow will occur. 14. Project Name: The City agrees to consult with MRP to select a name for the C7 Project. 0 4 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE; RATIFYING A $2,439,944.52 LOAN TO MRP PROPERTIES FOR THE DESIGN AND CONSTRUCTION OF A PUBLIC PARKING GARAGE PROJECT LOCATED AT S.W. 73rd STREET. WHEREAS, on November 20, 2001, the Mayor and City Commission approved Ordinance no. 35 -01 -1766 authorizing the City Manager to execute a lease agreement with Mark Richman Properties, Inc. (MRP) for a parking garage project; and, WHEREAS, the lease agreement with MRP Properties provides for the City to secure the project financing and to make MRP Properties a loan to cover MRP's share of the project costs; and, WHEREAS, on January 15, 2002 the Mayor and City Commission authorized the City Manager and the City Attorney to enter into negotiations with the Florida Municipal Loan Council for a permanent loan for an amount not to exceed $8,500,000.00 for the design and construction of the project and for refinancing the property which constitutes MRP's contribution to the project; and, WHEREAS, on May 17, 2002 the City received a project loan in the amount of $6,500,000 from the Florida Municipal Loan Council; and, WHEREAS, the loan documents evidencing a loan to MRP Properties to cover MRP's share of construction costs and projected related costs in the amount of $2,439,944.52 were distributed to each Commissioner on June 19, 2002 for their review and comment. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The loan by the City to MRP Properties in the amount of $2,439,944.52 and the loan documents evidencing the loan are ratified. Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlinins and deletions shown by eve i . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PASSED AND ADOPTED this 15"' day of January, 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \ \Dell_6100\Documents \City of South Miami \0022- 023 \14923.doc Page 2 of 2 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurf City Manager REQUEST Date: September 13, 2002 Re: AGENDA ITEM # Commission Mtng. 9/17/02. Red/Sunset Merchants Association Contribution A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DISBURSEMENT OF $20,000.00 TO THE RED /SUNSET MERCHANTS ASSOCIATION AS 2001 -2002 CITY CONTRIBUTION TO THE PROMOTIONAL ACTIVITIES IN THE CITY BUSINESS DISTRICTS. I: s_ • t t X70 The attached resolution has been prepared to seek your authorization for the City Administration to pay the Red /Sunset Merchants Association the $20,000 contribution allocated in the 2001 -2002 fiscal year budget towards the promotional activities in the City business districts. The Red/Merchants Association has submitted a letter seeking the reimbursement, along with a copy of the profit and loss statement. A portion of the funds will be used to set up a parking key computer station at First National Bank. This will be beneficial to the City in terms of the increase in sales of parking meter keys that will be generated by having a sales station at this location. RECOMMENDATION I recommend approval of the resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DISBURSEMENT OF $20,000.00 TO THE RED /SUNSET MERCHANTS ASSOCIATION AS 2001 - 2002 CITY CONTRIBUTION TO THE PROMOTIONAL ACTIVITIES IN THE CITY BUSINESS DISTRICTS. WHEREAS, the 2001 -02 fiscal year budget includes funding for promotion of City of South Miami business districts; and WHEREAS, by means of the attached letter, the Red/Sunset Merchants Association has requested payment for 2001 -02 city contribution towards their promotional activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the Red/Sunset Merchants Association's request is approved for payment. Section 2 That the City Manager is authorized to disburse the sum of $20,000.00 to Red/Sunset Merchants Association. Section 3. That the disbursement is to be charged to account number 01- 2100 -519- 9915, titled Contribution- Red/Sunset Merchants Association. Section 4. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2002. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY oD° RED SUNSET MERCHANTS ASSOCIATION 6410 SW 80th Street, South Miami FL 33143 Phone (305) 661 -1621 x13 Fax (305) 666 -0508 Hakeem Oshikoya City of South Miami Finance Director 6130 SW Sunset Drive South Miami, FL 33143 September 10, 2002 Dear Mr. Oshikoya, downtownsouthmiami@yahoo.com Please accept this as the formal request for distribution of the $20,000.00 appropriation for the Red Sunset Merchants Association in the 2001 -2002 City of South Miami budget. 2001 Safe Streets Halloween Police 886.50 Public Works 603.28 2001 Holidays 1/2 of Caroling (4898.00) 2449.00 2002 South Miami Arts and Crafts Festival Police 4687.00 Public Works 3875.89 1/2 of Advertising (12,217.84) 6108.92 Cash key Computer Setup ($2,170.00) 939.41 Of the $20,000, $19,060.59 represent expenses traditionally reimbursed by the City on an annual basis. The additional $939.41 is requested to contribute a portion of the $2170.00 cost of setting up a parking key computer station at First National Bank of South Miami; a purpose we can all agree is much needed to promote the success of the parking key program. Thank you for your cooperation in concluding this matter. Sincerely yours, Johnathan Oaks President 12/07/2001 11:57 9723172356 DUNCAN INDU -? i�,'.c5 PAGE 02 u can Industries 340 iM UMIAL:ARK ROAD a IIC7YPJp wswr®rraac apa P.O. BOX 040 HARRISON, ARKANSAS 72009 TELEPHONE., (370) 749 -5489 FAX: {870} 741- 2859 Subnttted to: Siroyne Broth" lgksiM Cashksy Sours (Windows) $ 495,00 Caehkey Interface Device $ 600.00 Aityr Device $ 100. Master Ceshkey $ 25.00 Csshkeys Oty 140 $1,060.00 Total $2,170.0-0 POB DWnration. Ds Wets 45 ARO. All Prices valid +fear ai y Ter 3Q days, Red Sunset Merchants Association Profit & Loss YTD Comparison Accrual Basis August 2001 through July 2002 Aug '01- Jul 02 Ordinary Income/Expense Income Arts s Crafts Festival 12,438.05 Membership Dues 10,525.00 Total Income 22,963.05 Expense Advertising and Promotion 5,316.61 Arts & Crafts Festival 11,771.21 Communications 213.85 Contributions 625.00 Duesand Subscriptions 250.00 Entertainment 4,898.00 Equipment Rental 360.00 Gilts 133.15 Licenses and Permits 50.00 Miscellaneous 7.50 Office Expenses 1,566.67 Payroll Expenses 14,439.39 Postage and Delivery 118.20 Printing and Reproduction 400.76 Public Works 500.00 Rent 1,660.32 Telephone 409.67 Total Expense 42,720.33 Net Ordinary Income - 19,757.28 Net Income - 19,767.28 0 Page 1 South Miami Arts & Crafts Festival 2002 Statement of Account Revenue Carryover Funds 6869.82 Fees 46260 Poster Booth Income 2415.63 Sponsorship 11000 Reimbursement of RSMA insurance 2621.21 Advance from RSMA 10000 79166.66 Expenses Advertising to Artists Advertising to Public Arts & Crafts Fest Ins. Awards Entertainment Fees Refunded Judging Misc Expenses Permits Police Postage Posters Printing Public Works RSMA Insurance Supplies Taxes NET Distributions Red Sunset Merchants Association Rotary Club of South Miami Retained Funds 4106.7 12217.84 1048.5 7103.36 1989.8 9890 600 330.07 135 4887 133.29 2421.96 2401.75 4125.89 2621.21 319.57 1920.58 56252.52 22914.14 11323.72 5769.4 17093.12 5821.17 Talent & Entertainment Company of Florida Talent & Entertainment Associates, Inc. (Talent Agency Lic. # 664) Broward (954) 922 -4141 Fax (954) 922 -7033 Miami -Dade (305) 535 6339 Po 223336, Hollywood, F133022 -3336 Talent & Entertainment Company acts only as agent and shall in no way be held liable or responsible for any breach of Contract on the part of either the Artist(s) or the Purchaser. ENGAGEMENT CONTRACT # 7052 B For personal services, dated Dec. 7, 2000, between the undersigned Purchaser and Artist. PURCHASER: Red Sunset Merchant's Assoc. ?�;' ARTIST: Carolers DATE OF ENGAGEMENT: Saturdays,,n,Dve -T 16, 23, 2000 PRICE AGREED UPON: $ 825 /shift for a total of $ 2475 NUMBER OF PERFORMERS: four (4 ) ENGAGEMENT ADDRESS, PHONE & DIRECTIONS: Sunset Dr. and Red Road, South Miami. Strolling along Sunset Drive east from US 1 to Red Road and back to US 1. ON -SITE CONTACT: David Silver, Cavanaughs 305 665 -6187 Logistics Arrival Time: 15 -min. prior to start Performance Start Time: 11:00 AM End Time: 2 :00 PM Breaks: as required Details Performance requirements: strolling Holiday music Wardrobe: Holiday PAYMENT INFORMATION Purchaser agrees to pay Talent & Entertainment Co., as agentlassignee of Artist, prior to the engagement. Artist will be paid within five (5) days following payment to Agent. OVERTIME: If incurred, overtime will be invoiced separately and due within five (5) days of event. Overtime will be billed in 30 minute increments, pro rata. WITNESSETH: The Purchaser engages the Artist(s) as musicians and/or entertainers severally on the terms and conditions above and as further specified in any addendum to this contract. The leader represents that the Ardst(s) already designated have agreed to be bound by the said terms and conditions upon agreeing to accept this engagement. The Artist(s) severally agree to render collectively to the Purchaser services as musicians and/or entertainers as specified. Cancellation or Breach of Contract by Purchaser may result in forfeiture of deposit(s) and/or payment of the gross contract price in full, reasonable attorney's fees and costs. Failure on the part of the Artist(s) to perform shall constitute breach of contract. Liability as a result of breach of contract on the part of the Artist shall be limited to the face value of this contract. Legitimate reasons for non - performance on the part of the Artist shall be, but not limited to, disability, sickness, death, riot, civil disturbance, act of God. IT IS UNDERSTOOD AND AGREED BY ALL PARTIES that any return engagement for Purchaser for a period of eighteen (1 S) months from the performance date hereon shall be arranged through the Talent & Entertainment Company of Florida, Agent. In the event the Artist, or any of its key personnel, are rebooked for an engagement for the Purchaser or anyone in Purchaser's employ, or by a third party on behalf of the Purchaser within eighteen (18) months of completion of this engagement, said Artist, and/or key personnel and the Purchaser shall be jointly and severally liable to Agent for the same rate of commission on the subsequent engagement. The date of the rebooking shall be the date of signing the subsequent contract. This contract shall be governed by the Laws of the State of Florida. COMMENCEMENT OF THIS ENGAGEMENT IS DEEMED TO BE AN ACCEPTANCE OF ALL TERMS OF THIS AGREEMENT BY BOTH PURCHASER AND ARTIST. A FACSIMILE SIGNATURE SHALL BE DEEMED TO BE AN ORIGINAL. OFFER AND ACCEPTANCE BY FACSIMILE IS BINDING. Purchaser: Red Sunset Merchants Assoc. Artist: Renaissance corale Signature of Artist Artist's FEI# or SS#: it & Entertainment 954 922 -4141 or Cell 954 232 -9888 DEC -09- 09:26 P.Oi Talent & 4nwtaiument Company of Florida TAW A !lea, tac. (TIJNW key tic. # 6") titotrmd *34 } 9n4141 ` Fos 0994 922 7003 s -tiffs Qcl3) 395 6259 i Po ras" ttot� 0", 833022 -3334 Tdsmt k FA*UWMM.a :�rg"Y no a* *6 vine wd dull is as wsy t,a bow haw$ or eapaodi+ts fat NW btsept of L'atBna as dts part d eidtat dw Nettie) (K the Mttabs w ,C1QtVT' 1'y l` 7032 1'3 rOr Psosonal survim., ow. 7, tttxl 73lppd Putr wand AN3L lcl tAS�t: Red lvtttmtet�t� AS9aC. DST . tae olteta DATE OF ENCAGCtl�lWMr �.PW. `V 16.23 2040 P1liIC8 AGR� iiPE)N' 3 shift for a S 2475 NUMBER OF four ( ) ENOA ©fs1►+lWr ADD 8. NE d1' &RBG'MWfi: Stttvtet Dr. Nd Pxd Road. SOL& t mmi. StTOilitid adotad Stall hive sag ftM WS l to PM PAW WA bad to US 1. UN -3rM L;L7Afi'AUP- DaAd SillvOr. (,yo )ti3 b6S 4lV LOSWU AMVAI Time: ISa=L atto gtitt nwraukiffift tlttatTirlie 11�0(i AM BM Tlmw.. 2.00 MA ' Breaks' Ss rupdred I D900 taaitxmucea+alPttsnao suvibq until w mtac W t4widlty s PAYMENT LNFOR MtATION ` f'nt+et mia t IMM to peW Talon d1' d"wt dttmttrtt Co., Is V40w0tow of Attiat. Pttor to 2w aMmvut Atilt will be Vad witlsnAvv (S) Oys follomng Mm4td to AVM 4VSft'i'lM if uwxmd, ovatwu will be 1'f mead supWaly and due wft ua (1vt 5) days a[ eveed. Cave Limo will be belied in 30 mimft ityaq te¢nti, pta rAL tMSls�IITH: The Pt>taheeet sn�es ate h�tiegs):rru �J10r enmmumsstyreeall)r on aloe tame and ooa�tloaye above ttod as ttama� 1't ec► gals Tars MOW AprM= slut ft AMKS) sltsody We SJNW W to bottad by the 41" tstme, W rotadit M UPOR 4Eee1118 ito except dais WV #8111W, The :Rttist(s) ovwdly egeee to mmdw collectivity w the RWdwW Wvkea m msamioa e1AW QW41110 a: spuitiad. C'aftibiden of 2mch of Cattatct by Pm tnw tttay tctdt a lk atsue d` dsMIN) 1't Akc p ymm a1' dw iiim mead ptaas in &L mmt1e tttttsa Ws ltec end ecos. Fat= an Bu Veit of tale AWage) b pod mp WR eanshA is bmwU 4 amew , L left t)t sa s Am* of bfewh of woaa- vat the pmt of W Mw await be llmitstt �, tl,e 1't rstive a d, : Larm sle tssm fix twm- p1d*MWa ,ft Ow pit of tea Afte aatl to. W w,1'l=1' to. ditat+ility►. Adm"s 4 ai Aal, avail **ftvw� act of OW. lY Id t:tND8Rt1 000 AND AORM BY ALL PARTMS t* any m= W44cwAW far ftdmw 1101' a PI!Wof dghtm U3) m0aft f mt'Ux plafoCU m 4*w bnvutLtdtdi be uri Wd tit Talat d! PAmwinumal CaumM d AtM+ta. Apra. to 06 evmt tits AWA u1' smy of its Jwy pww=W, attt wbouked for oat.rEaga kww to tiw Pt mbtw at wwy in PbtdntwI amM, cn * a Naiad puty on tad& of ilia Purdom Y40m a#tt= (Is) m= ft of umnplt m of No ca"mcf. sWa Atft .maror key pe:y w d a the Fttttuae1' tthedt be jedntty and wvwtlty hg k;tv n#wt fa tau earns tarts of teats an Am sube . *0 4W at tlu abootiq atoll tw du dW of dpq tits wimiequm cr=w, ibis otm0w dOU be aoum d 117 alt. Lan of the �td* of Plot& COMUMICIRAWr OF THIS RwuArsHMW7 n Dmmm To dj� AN MV- 11 "2'ANCIR OF ALL TIMMS (W Tt3 AORREM Ir!' Alt utlr H PURCSlASEt AM AWNST. A KACSIMt1.8 310NATURR SHALL all DRIMMM TO Rat AN ORIOUTAt.. (WFPA At� ACCCBFPAN E BY iA(MMILE IS BINDING. Pa+Ctww Red SUM* MOVIdOWS Aasac. Artist Kwa daeteetctt tome tJytaerte etAttlit �w Atttat" s F®a of 8ldt► Bc tBtzset t Sao in-4141 or Cott 9" 233 -9m i 11 TOTAL P.01 TO 39Vd EE0LZz6v96 9T :0T 0002/60/ZT �in &A%odates ftddJ40 a d b e r t i s i n g m a r k e t i n g Red Sunset Merchants Association P.O. Box # 431832 South Miami, Florida 33143 -1332 Att: Mr. David Silver Invoice # 03- 121 -126 Date: March 15, 2001 PRINTRiE -. South Miami Arts /Crafts Festival 3,000 quantity, 4 /color both sides on coated glossy white stock, 25.5 inches x 11 inches, folded to 5.5x8.5 $2,300.00 Sales Tax 6.5% 149.50 Sub -total $2,449.50 Scans Creative Direction/Meeting Type /Mechanical /Layout Proofs - One set - color Total: Printing /Artwork/Design i► Radio - WLRN, (8) 15 second anncts 2/22 -23 Total Invoice Amount: Terms: Due Upon Receipt Thank you 300.00 750.00 500.00 100.00 $-55-8 84 6789 Biscayne Blvd., Miami, FL 33138 305 758 - 2974.305 758 -2977 Fax Red Sunset Merchants Association P.O. Box # 431832 South Miami, Florida 33143 -1332 Att: Mr. David Silver; John Oaks Invoice #05 -121 -320 Date: May 24, 2002 Re: Sunshine Artist Magazine Advertisement: 1/3 color ad Art, Layout, & Mechanical $500.00 UPS Shipping charges to Sunshine Artist Magazine - Orlando _ 16.50 Total Invoice Amount: X516.50 Terms: Due Upon Receipt Thank You 6789 Biscayne Blvd., Miami, FL 33138 305 758 - 2974.305 758 -2977 Fax Roreldlooisin&Psodates i i v e r t 1 s i n i 0 m i r k e t i n i Red Sunset Merchants Association PO Box 431832 South Miami, FL 33143 -1332 Att: David Silver Invoice # 03 -121 -287 March 7, 2002 —INy -OLCE Art Festival layout for Community News Supplement: Design 8 page tabloid supplement, write copy for story, artist profile, and provide proofs and final copy to committe and Community Newspapers. $500.00 Total Invoice Amount $500.00 Terms: Due upon receipt. Thank You 6789 Biscayne Blvd., Miami, FL 33138 305 758 - 2974.305 758 -2977 Fax Ron d jAqBjsin &P6so&ies a d v e r t i s i n g m a r k e t i n g Red Sunset Merchants Association PO Box 431832 South Miami, FL 33143 -1332 Att: David Silver Invoice # 03- 121 -288 March 7, 2002 Newsletter design/Downtown Logo: Design concept for newsletter that the association can edit and typeset on a desktop computer. Create new Identity logo for Downtown South Miami to replace the sunburst. $500.00 Total Invoice Amount $500.00 Terms: Due upon receipt. Thank You 6789 Biscayne Blvd., Miami, FL 33138 305 758 - 2974.305 758 -2977 Fax Ronald . es- a i Red Sunset Merchants Association PO Box 431832 South Miami, FL 33143 -1332 Att: David Silver Invoice 4 12 -121 -276 February 4, 2002 1► • Creative for Ad and mini - brochure: Layout and design for ad for the Miami Herald Weekend. $ 250.00 Layout mini -rack card --- 2 color Total Invoice Amount Terms: Due upon receipt. Thank You $ 150.00 $ 400.00 6789 Biscayne Blvd., Miami, FL 33138 305 758 - 2974.305 758 -2977 Fax Ron djo0isin&A-ssattes- a d v e r t i s i n g - m a r k e t i n g Red Sunset Merchants Association PO Box 431832 South Miami, FL 33143 -1332 Att: David Silver Invoice # 12- 121 -275 February 4, 2002 ANV-0LC.E PR release Arts & Crafts Festival: Master release and event listing release. $ 250.00 Total Invoice Amount $ 250.00 Terms: Due upon receipt. Thank You 6789 Biscayne Blvd., Miami, FL 33138 305758- 2974.305 758 -2977 Fax Red Sunset Merchants Association PO Box 431832 South Miami, FL 33143 -1332 Att: David Silver Invoice # 12- 121 -262 December 21, 2001 Logo /Banner for Arts "& Crafts Festival: Design of a banner with symbol that can be utilized to identify the Art Festival. The Committee selected a sunflower with paint brush. Art/Type /Mechanical & Concepts: $ 7_50-Q0 Total Invoice Amount Terms: Due upon receipt. Thank You $ 750.00 6789 Biscayne Blvd., Miami, FL 33138 305 758 - 2974.305 758 -2977 Fax Rore Id j 4� pEi s i n &A% o d ate s- a d v e r t i s i n g • m a r k e t i n g Red Sunset Merchants Association PO Box 431832 South Miami, FL 33143 -1332 Invoice # 12 -121 -261 December 21, 2001 Christmas ad [List Style] Design Art/Typsetting $25Q 00 Total Invoice Amount: $ 250.00 Terms: Due upon receipt. Thank You 6789 Biscayne Blvd., Miami, FL 33138 305 758 - 2974.305 758 -2977 Fax Rorald jo*isin &Assocntes a d b e r t i s i n g m a r k e t i n g Red Sunset Merchants Association P.O. Box # 431832 South Miami, Florida 33143 -1332 Att: Mr. David Silver Invoice #06 -121 -179 Date: June 26, 2001 Re: Sunshine Artist Magazine Advertisement: Art, Layout, & Mechanical $500.00 UPS Shipping charges to Sunshine Artist Magazine - Orlando _1.3.50 Total Invoice Amount: M154 Terms: Due Upon Receipt Thank You 6789 Biscayne Blvd., Miami, FL 33138 305 758 - 2974.305 758 -2977 Fax 10/01/2002 12:52 3056622433 LITTLE FEET FROM it i ghIt.orama FAX NO : 786 -293 -159.3 vv tv Lv'L tt+, 11 e'n:l 0Vkf VVV VJU4 i.LL- tJwr -A l3U4,LA %nab � r jak"in&A%odates a d v e r t i s. r. # m a r tr e t i m g Rcd Sunset uerchanis Amcistion PO Box. 431832 South Mimi, FL 33143 -1x32 Alm David Silver Gmadve for Ad and mini- brochutr' Layout and desip for ad for thz Mituril Herald Wcakmd. Layout mi6 -rack md--- 2 ;:*1or Taal Invoice .Aunt Terms: Due upon 2'cceipt. Thank You PAGE 01 Oct. 01 2002 01:220`1 P5 1wj 1st': Invoice 0 12-121-275 Februw 4, 2002 S 250.40 � i so,aa S 400.00 S789 83aceyne 3fvd., Miami, FL .33;35 3�3 758 -2574 , 305 759 -2977 Fax I i f FOR IMMEDIATE RELEASE CONTACT: Ronald Jakubisin 305- 758 -2974 Lydia White 305 -665 -7281 South Miami Arts and Crafts Festival To Be Held On February 23 & 24. Show is repositioned as a haven for serious art lovers interested in high quality works by nationally recognized artists. South Miami, FL. The 18th annual South Miami Arts and Crafts Festival will be held in downtown South Miami February 23 and 24 along Sunset Drive. More than 100 artists and craftspeople will have their creations on exhibit in this juried two -day outdoor event. Last year nearly 70,000 people attended the show to browse through booths selling fine paintings, sculpture, jewelry, pottery, stained glass, nick knacks, scrimshaw, carvings, etchings, photographs, hand made clothing, toys, objets d'art and dozens of other eclectic items. "This show has grown from 30 artists and a few thousand attendees 18 years ago to one of the major events in South Florida," according to David Silver, president of the Red - Sunset Merchants Association, which produces the show. "We are able to attract artists from around the country who annually make a pilgrimage to our wonderful show which also is an `open house' for visitors and locals who can discover the unique personality of Downtown South Miami." Artists and craftspeople who exhibit must submit an application with slides of their work and booth set -up. A committee of judges selects applicants who meet the show criteria for original high quality arts and crafts. "We don't solicit mass produced art or crafts," Silver said. "Only high quality, unique work is allowed which is one of the reasons Sunshine Artist Magazine has consistently rated us in the top 200 shows in the country each year." The jury system eliminates many applicants, which is part of Silver's goal of positioning the show as a premium event. "We want to differentiate the South Miami Arts and Crafts Festival from the many weekend arts shows that now dot the South Florida Landscape," Silver said. "Serious art lovers will appreciate the efforts and the even casual art aficionados will find this years selection interesting." Live entertainment on the center stage is scheduled for both days from 10 a.m. till closing at 6 p.m. A variety of bands will play featuring rock & roll. pop music, jazz and calypso. There will be food vendors selling soft drinks, kettle korn, arepas, pretzels, hot dogs and all your snack favorites. Page 2. There's plenty of parking at the Shops of Sunset and a city garage at US 1 and Sunset Drive. You can take Metro Rail to the Red Road Station and walk one block east to Sunset. To get to the festival from Broward and Palm Beach Counties, take I -95 south till it ends and merges into US -1. Go south on US -1 six miles to Red Road and turn left to Sunset Drive. Residents of Dade County can also take the Palmetto Expressway to Sunset then go east two miles to Downtown South Miami. Hours are 9 a.m. to 6 p.m. Saturday and Sunday the 23 and 24th. The event is free. For more information the public can call: 305 -- 665 -7281. FOR IMMEDIATE RELEASE Contact: Ron Jakubisin 305- 758 -2974 Photo Opportunity: Art Show street scenes, White House Christmas Ornament, Food Venders, Hip Hop Kids. Wh Annual South Miami Arts &Crafts Festival. 70,000 people are expected at this popular juried show Saturday & Sunday February 23 -24 from 10 -a.m. — 6 p.m. Selected artists will display high quality work customarily found in art galleries. Artist Doug Odum will display hand - painted Christmas ornaments one of which was chosen for the White House Christmas tree. It's a patriotic globe with American flag and was at the top of the White House tree this year. Urban dance sensation, The Hip Hop Kids, who have appeared on David Letterman will perform live from 2 to 3 p.m. both days at 58`h court and Sunset. This is a professionally produced high energy event with more than 80 kids from 3 years to teens dancing to hip hop, break neo soul and street anthems. The kids are mostly from Dade and Broward counties. Great opportunity for shots of colorful costumes fast dance routines with 30 -40 synchronized dancers. � . .. . a � ` + \\ \« \/� ©� � n ! a� �. • v�,E� ° F e� U William G. Logan 1440 JFK Causeway, Ste. 402 North Bay Village, Florida 33141 �� 305 - 865 -4718 fax 305 - 865 -4197 INVOICE - invoice No. 7131729 -21 st - t,.ustvmer Name Red Road Sunset Merchants Association Address eq t® SW 80th Street City South Miami State FL. ZIP 33143 Phone 305- 661 -1621 Att: Lisa Wolf J Date 2/6/02 Order No. S. Maim Art & Cr Rep B. Logan FOB Qty I Description Unit Price TOTAL South Miami Arts And Crafts Festival 10 3' x 8' double sided light pole banners digitally printed $150.00 $1,500.00 and installed 1 4' x 30' Street Banner Digital Print for South Miami Arts and Crafts Festival 1 Installation of street banner on Sunset Drive 1 Takedown of Street Banner on Sunset Dive 1 1Courier fees for delivery of graphics TAX ID # 256-48 -2477 Please make check payable to William G. Logan Payment Details O Cash O Check O Credit Card Name CC # Expires $720.00 $75.00 $75.00 $17.95 SubTotal Shipping & Handling Taxes State TOTAL Office Use Only Thank you for the opportunity to serve you For future orders call 305- .864 -8964 or fax 305 -861 -6469 $720.00 $75.00 $75.00 $17.95 $2,387.95 $0.00 387.95 10/0112002 12:52 3056622433 LITTLE FEET PAGE 05 FROM ' Li qktorania -..Y. v ONE ►45 440 PLAZA M1A1A!.F-33132 FAX NO, : 786-293-1?93 Cict- 01 2002 01:20PM PI FCC. LAST ADVERTISING STATEM1141 2000000000 xgv/xtmsz? m4ftcoars ASSOC po SOX 43102 14orm MIAW., "o in FSAMN W44 V" 000 079400101 0000302736 -7—viff- TO Mftw PRIWED am Air mast sm We A0 I ell � 14'.'j oil 02 120201 DO% CAM UOMAY 1so"ass fuu, 1tv-4 % Ste—VONT pq C"0 if P. 70 J16 -QP s 4 �J�4A6�83�'1ID04402001 i WISKM SOUT4 Z=t m of$ LDLY' 41; ED 125.102 J111IM010Z 90EYIN Z*Nz 20 is; 12 i �LY' 412-50 �If1li?iGD1 mmL �wr'vTg ?FRI$ I r3m im--um=4 AW13"=NTS tjjr= tt 27. rA Pal ifta►►�w to ft Ammr-to-witt W&*-. lot U49. sman.2w, 00 ANKLIA StAS -WAVi. 16 J$,n 10/01/2002 12:52 3056622433 LITTLE FEET PAGE 04 FPOM Li' ;ht.orama FAX NO. 706 -1293 -1993 Oct. 01 2002 01:20P1'1 P2 U1rla ?OOY PDT 23:a4 Ply 91DuI. -00 ADVERTISING INVOICE 1iaxn �� LLC am P.0• IWx Wrift :141st, M 0101 ! s�sa -a ,>saoo . acs- a�a -ysv� J �0°i°22 a fro o2rzenaoz _ RON JAKUMSEN 6879 W SCCAYNE BLVD MIAI M FL 33133 ' E UPOW RECEIPT , �Wi '-4-t 0(1 ,p ':;. }. P.1i. tow'(f CIif.F'6i_$ T!..-QAL NET' 1M,)lstli V)tl1 Ac;INC * •. •. _ mot' SQFC11l4 NOTES • 59YACH APtB FM A4 TWIS POR -ON yNITN"OVR PAYMENT T ii�ADLi1JT PEMrr`T'�C f' { \' CA11Tw ufau1 A a GitJIN= 60Q08 'l 'KIS aCCOJNT I$ Dui= tiN'b PAYABLt. VPQN RECEIPT. A SERVICE CHARGE Q ' ir2'N PER MONTH WILL NPA BE DA $, ON aCCOunrS :.i•1PA }6` 34 DAYS. (ANNUAL RATS IS 18,.) A0, Bas 01-15m Miami. F'L A')'ol ' RsYa- 3'H!•>sf)0� •':'ixr 30'�•lS�i•7575 ACCOt,JKnNG COPY 10/01/2002 12:47 3056622433 LITTLE FEET PAGE 02 FROM : Liqi-,torama FkX t-40, • 796-293-1993 Where The Shows Are!!! F.0. Box 453 Edgewater, FL. 32,;31 BILL TO SOLIth Miami Art & Craft festival Red Sunset Merchant's AsSociation PQ Box 431.8' 32 Miami, F1 � 33243 -1832 Atm: Lydia Whim & Patricia Ritter QUANTITY Thank You!!! act. 02 2002 01:29P11 PE, Invoice —DATE INVOICE W 7/3/2001 9823 PD, NO, TERMS i PROJECT Due on receipt DESCRIPTION j RATE AMOUNT 1/4 page display ad F16zida edition Summer 2001 255.00 255.00 Sales Tax 6.0001 0,00 Total $255,00 FROM 10/0112002 12:47 3056622433 LITTLE FEET PAGE 03 1 FAX NO. ", 7%-293 -1993 z'r. P-7 7! pmerit-'ays, zm'; O,t. 01 2002 01:283PM PF, - - - - - - - - - - :2 - - -- 2- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - Ped ./ Suntat Vlarc.11ant-z Accoua L , Attn! 'Kz, Xaren odr,214an. Te!-'=Z' ' 2 s UE :SS M�j P'77 Yager V c- r -, J. lip Red n 'A"i' -; mt TC, A.roT-,, P:L W;N'),.CE lli7 -:Q-* 1, ZI - - - - - - - - - - - - - - - - - - - - - -- Fan', - - - - - - - - - - - - - - - - - - - - - - - 12 '4' J. 2 i S;,.'vZ ANY Q-,!:;4.,ST:Z0X'S -?j.j.AZF DZZAR'IV-rl�rl XF YOU HAVE Kv DEAR -,TvWT-T AT 1 CCW7ACT CR 7Q-' AZVMR-,TSj,�,G TO lxs,,uM :URC,,tm, Z77, FROM : LlgNtorama FAX SIO. : 786-293-1993 o'-1- 01 ,am 01:L7prl P:3 0.: 01 Cr -- --- - - - - - - - - - :,.. ri - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - Red Attn. MS, -varan —1, 62 P.O, Eox South Oia32 n rL 3�242-j E 7' en t, DZSCPZ- :7tor4 - - - - - - - - - - - - - - - - - - - - - • - - - - - - - - - - - - - - - - - - - - PA "S 71 T 413 - - - - - - - - - FL - - cl. -:Lrl-�- r- WO!- - #0- :11 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I - - - - - - - - - - - - - - - - - - - - - - - - - Rea. -v A�`,Q,'-*::.ArA.�:,,-,j At"t�llj m4wf.'an I - - T,-:- P.O. Box 4518:�z P c c p aym c r, Sr'Uth Ylialltl, M AC*,;;t J-,xecs MS - - - - - - - - - - - - -- - - - - - - - - - - - - - - - ITPZ42 PATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - I - - I - - 2VOI-10 : /J Vwrtical - - - - - Her.47-:Lne- Red/ �--j - 7." 0 Sill -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - •-' - - - - - - - - -- - - - - - --- *o,3 7 . 5 XF YOU HAVE Kv DEAR -,TvWT-T AT 1 CCW7ACT CR 7Q-' AZVMR-,TSj,�,G TO lxs,,uM :URC,,tm, Z77, FROM : LlgNtorama FAX SIO. : 786-293-1993 o'-1- 01 ,am 01:L7prl P:3 0.: 01 Cr -- --- - - - - - - - - - :,.. ri - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - Red Attn. MS, -varan —1, 62 P.O, Eox South Oia32 n rL 3�242-j E 7' en t, DZSCPZ- :7tor4 - - - - - - - - - - - - - - - - - - - - - • - - - - - - - - - - - - - - - - - - - - PA "S 71 T 413 - - - - - - - - - — — — — — — — — — — — — — — — — — - — — — — — — — — — — — — — — — — — - ;C;za! 3a.Ulnce 'Now "I "' 'jel q,637.5.) TO AVC-:rD 3-nrANCE C.lrA.PC,P.S, PIX)\SI; IOJM W-111K IMTKENT OWI OR BETCPSt Aveljv-, --tt: FROM : Ligitorqkma FAX NO. : 736-293-1993 Oct. 01 2002 01'27PII P2 S 1; t, -C - Vlr--s�-Inw Ar-H-sit Awwf *a's premier ah*w onto fog7rdrews P- ffhjI&%4 &;=S7 IZIC• Dadir Avenuc, -Orland-, FL 32t.;04 --aff,L�e 4:7-228-9772 Fax b1 -22E -b 'Lc - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - St,Rt-wm-Rnt Dsdtts. AugTiot 10, - - - - - - - - - - - --- - - - - - - - - - - -- - - - -- - - - - R*d / Sunset Merchant = Aaav:rnre 62 Attni Mz. F.'Acen Dorf -„4+a To :repayment II-Q. Box 431P,32 :Aucc;t MS 2012th Miami, FL 33243-18:32 - - inne- t t- d o- n - - - - - - - - - - - ra- p " - - - - --- - - - - - - - - 13alance !. to. ikiftount - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -- - - - - --- - - -- '46r j - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Total W<,V. Duel s 63 S U - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - PILMASZE PAY AS Sn_o'X AS possisLi: TO AVLI:n 71-SANCB; -17-111ARGES . The Auguet 2000 intue ;raroced �,% tZanvition to a new bill'ing XdveVU'3QI-& now VeO&iva invo•eez c-n:;-y fc-. ve;h0dulpd :*.n. t,-:e •aex-- upcoming ia--tua, =4 receive only C-ne invoic-Q P�r, is.,sua. xsliilll-' for inzortions not paid for by i-ho data ,will be viii, monthly ztztem-ant. whim w"I h l ap pji;ak:lz ttnanoe -zhargor., Payment im due prior to'nubl-ication. 4 4 per annum tn- er-:7r is char -d from t.he first day of the isaue orivor 4zrt R, UC.-.,tth for Ln.:-,e=Li-zn ord.;'re Unp&id foL, 30 days "-,f - A' heve any plaaue cont&at h - zfi-ve at or by e-zaai! to TO I'lZUP11 PAOPER CREDIT] PZZa5:E RETIZ-14 Y=m.Lor C..:Cy W1 Cjm 1 4 CITY OF SOUTH MIAMI Invoice No. 228 ......................... 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 668-2512 faX (305) 683-6346 INVOICE Name Red Sunset Merchants Assoc. of South Miami Address 5832 SW 72 St. City SO. MIAMI State FL ZIP 33143 Attn: Karen Dorfman Date 12/13/00 Order No, Rep FOB W&Y vescnpiton Unit Price TOTAL Safe Streets Halloween 10/31/00 Deposit received $500.00 !Less City Expenses Public Works labor ($324.00) (FICA ($ 24,79) 1 Barricades 36.25� Total ($385.04) Police Extra Duty Details Job #18216, 18308. 18309, 18311, 18312, 18313. 18364, 1 18365, Total ($622.50) I ITOTAL AMOUNT DUE Payment Detans 0 Cash 6 Check 0 Credit Card Name CC # Expires AMOUNT DUE UPON VREC IPT !Office use only $507.54 1 $507.54 SubTotal $507.54 Shipping & Handling $0.00 Taxes State I TOTAL -$507,541 AMOUNT DUE UPON VREC IPT !Office use only CITY OF SOUTH MIAMI invoice No. 393 6130 SUNSET DRIVE SOUTH MIAMI, Fly 33143 (305) 663w6343 fax (305) 663-6346 INVOICE Name RED SUNSET MERCHANTS ASSOC. Date 4130102 Address 6410 SW 80 ST. Order No. --- City SOUTH MIAMI State FL - ZIP 33.143 Rep ATTNI: To-NATHAN OAKS FOB 1 Descriptioi SAFE STREET HOLLOWEEN 10/31 DEPOSIT - $5oa.00 LESS CITY EXPENSES POLICE SERVICES PUBLIC WORK SERVICES OUNT DUE - i-aymenx wexam 0 cash 0 Check 0 Credit Card Name CC # Expires $886.50 $603.28 0 Unit Price TOTAL i $989.78 I. SubTotal Shipping & Handling Taxes State AMOUNT DUE UPON RECEIPT f� �1 -(R 5T' n Office Use Only $989.78 1 $989.78 $0.00 .78 FROM : Liq),tora.ma FAX NO. ' 786-293-1993 • qll,v -�tpzf&v and Iq Cj 7 Oct. 01 2002 01'2ePM P4 r- - - - - - - - - - - - - - - - - - -- - - - - - - - -- - - - P-0. -Box Te zi c ri YL -- — — — — — zs — -- — — — — — — — — — — "r-E(-4 — — -- — — -- - - - - - - - .- - - - - - - - - - - - - - - p '/ertical B&i-- - - - - - - - - - - - Rer- f �j r, - � s 7 M I, t .57 - - - - - - - - - - - - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - 4 15 717 5 T 'o AVOID v- KIIJM Y•tR ow c,%p. �y(-:Rm: IF YOU SAVE 'AW7 ra -S Lt O- -= CO-i'll-CT -:w�r TO lNs :TIC , FROM - L191',torama. T 'M p 78C 3 19 01 213102 01:2-,Pr,l P3 T; �7 7!. — — — — — — — — — — — — - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - P-t'-d / "lleet Merc!l;;,-"jLv Attn,- 1,1Z - Parer. 2-0- Box 4--sj832 South 42 :s2 - - - - - - - - - - - - - - - - - - - - — — — — — — — — — — — — — — — — — — — — — — .. — — — — 213 page.. vert.4ca� - - - - - - - - - - Re a ea S -LI rA t -114,;:`-C-Miante ��,53 7 L- - - - - - --- --- - -- - - - - - - - - - - - - - - - _.- _- - - - -.. 'Tot-aa 5al.;ince Now Dv-;--j 4 63 7 .5 ;) - - - - - - - - - - TO AIVICITID TrINAW-CZ C.Ir.ARGz-Se PL:S;.;-,5B K-4-"Z YCAM :Mr4ENT 0H OP BETC-YLrz FROM ' Li9,-,ta-,--,Rrna FAX t-10, Z 796-293-1993 Oct. 01 2002 01:27PH P2 r --b • AM0#104's 32:.i: !.- :Care A%Ie-nuQ; 3,%C;04 Fax 4�,'�-228 - - - - - - - - - - - - -- - - - - - - - - - - - - - - -- - - - - - - - - - - - Sts 11 , -Ot�WMRllt Date Azzgi.int- 10, 20L�- - - - - - - - - - -- - --- - - - - - - - - - -- - - - - -- - - - - - - - - - - - Re,i / Suns P-t Ivierc,11-.an t=; A rr.r.,r-, -- a-c-_c_ n ': � ;! !.,: v .. , - I r - F.z M-. Face n Dor---Aij T Box IS, Soutli NIA4,qrujJ'-, FL 33243-1.8-2' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Zalm.aco 1 ; i t C, r (-x:;, zarioliat 5-460 2000 -09 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -M --al I., - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - vi,: A57-17 PAY AS 5002, AS POSSISLS. To Avo:z 7-INANCZ., c.T,,ARGEEi. The Augur t 2000 in:!uft mAtked a t=znzitIc;,n ns%e.; bil-ling, Advertis&tx now Llet!*iviv invoices only f0t, naxt upaort;;.ng iz;:mue, =4 receive only for not pa4d for by i-ho wi-71 be vices monthly whl.,7h inv-lode a4'ppliva 10. �-4-n*nOg Payment im due prior 194 per azinum interc-ar- im chrnged from mart firal- day of the issue =over dmtik nacn-th C)rr4c-v;B C2Xx &Jii1Y1$t unpALid fc,v SID days: yc.,,k., have �ny -4*a+-c,, 1L, :Lt)) .a,, piwaz5e contact tho adveEti=inq Qft-Jock at k ei-laail tp neart-i TO I'MUPM PAOPER PIZ.N57E �MM-i.or C-C;Ely .4, JA r ME. tvi so U Tit South Miami o� H All-Medea • INCORPORATED 1927 CORxp 2001 Excellence, Integrity, Inclusion t To: Honorable Mayor, Vice Mayor & Date: October 15, 2002 City Commission ITEM No._ From: Charles Scurr RE: Fee Amendment City Manager Waiver -of -Plat REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE SCHEDULE AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6 -92- 1501,17- 92- 1512A,10 -95- 1583,18 -99 -1692, 28 -00 -1730, AND 32 -01 -1763 IN ORDER TO INCREASE THE FEE FOR WAIVER OF PLAT APPLICATIONS, PROVIDING FOR SEVERABILITY, ,ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND The City's Land Development Code (LDC) currently has regulations addressing "Land Subdivision Regulations," and permits applicants seeking to create new building sites to apply for a Waiver of Plat in lieu of the standard platting process, as per the Miami -Dade County platting regulations. This provision is most often used when an applicant wishes to create two or more building lots out of an existing parent tract. REVISED REGULATIONS The City Commission, at its September 17, 2002 meeting adopted Ordinance No. 9 -02 -1777 amending the LDC by modifying the process by which waiver of plat applications' are reviewed. The revised process now includes the submission of a site plan, posting of the property and 'mailed notice' of the application to property, owners within 500 feet of the site. A waiver of plat the application will be subject to additional guidelines as well as a review and recommendation by the Planning Board, prior to final action by the City Commission. FEE ADJUSTMENT The City's current fee for a waiver of plat application is $1,000. Based upon the additional notification and review procedures added by the recent LDC amendment, it is recommended that the fee should be increased to $3000. RECOMMENDATION It is recommended that the attached draft ordinance changing the City's Permit Fee Schedule (H) be approved on first reading. Atta e Braft Ordinance CS GL /SAY��y D; \Comm Items 2 02 \10 -15 -02 \Staff Report Revised Fee Waiver of Plat .doc I 1 2 3 ORDINANCE NO. 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE 7 PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS 8 AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583, 9 18 -99 -1692, 28- 00- 17309 AND 32 -01 -1763 IN ORDER TO INCREASE 10 THE FEE FOR WAIVER OF PLAT APPLICATIONS, PROVIDING FOR 11 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the City currently charges a fee for the review and processing of 15 applications for waiver of plat; and 16 17 WHEREAS, the City Commission at its meeting on September 17, 2002 adopted 18 Ordinance No. 9 -02 -1777, which ordinance amended the Land Development Code 19 regulations pertaining to applications for waiver of plat; and 20 21 WHEREAS, the above referred to amendments require additional review 22 procedures, notification mailings, and posting of the property, for all applications for 23 waiver of plat and 24 25 WHEREAS, the additional procedures will increase the cost of service to process 26 an application for waiver of plat; and 27 28 WHEREAS, it is the policy of the Mayor and City Commission to adjust the 29 City's Permit Fee Schedule to assure that fees charged will cover the cost of services 30 provided. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 34 35 Section 1. That Fee Schedule (H) entitled "Land Use Application Fees" of 36 Ordinance 14 -90 -1454, as amended by Ordinances 6- 92- 1501, 17- 92 -512A, 10 -95 -158, 37 18- 99- 1692, 28 -00 -1730 and 32 -01 -1763, is amended by increasing the fee charged for 38 an application for waiver of plat, as shown on Permit Fee Schedule (H) attached to this 39 Ordinance. 40 41 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 42 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 43 shall not affect the validity of the remaining portions of this ordinance. 1 2 Section 3. All ordinances or parts of ordinances in conflict with the provisions 3 of this ordinance are repealed. 4 5 Section 5. This ordinance shall take effect immediately upon approval. 6 7 PASSED AND ADOPTED this day of , 2,002 8 9 10 ATTEST: APPROVED: 11 12 13 CITY CLERK MAYOR 14 15 1" Reading— 16 2nd Reading - 17 18 COMMISSION VOTE: 19 READ AND APPROVED AS TO FORM: Mayor Robaina: 20 Vice Mayor Russel: 21 Commissioner Bethel: 22 CITY ATTORNEY Commissioner Feliu 23 Commissioner Wiscomb: 24 25 26 27 28 Attached: Permit Fee Schedule (H) 29 (H) LAND USE APPLICATION FEES 1. TEXT AMENDMENT TO LAND DEVELOPMENT CODE $1,750 2. REZONING Ten acres or less $1,750 Over ten acres $13,500 3. SPECIAL USE PERMIT $1,750 4. APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD Applications for new construction in the RS and RT zoning districts Single, unit $350 All other applications for: New construction $450 Renovation $150 Signs, fences, walls, etc. $50 For each additional appearance before the Board $50 5. VARIANCES First variance request $1,500 Each additional variance request $500 6. PLANNED UNIT DEVELOPMENT $3,000 7. CHANGES TO A PLANNED UNIT DEVELOPMENT $1,000 8. CLOSING OF ANY PUBLIC RIGHT -OF -WAY $1,500 9. WAIVER OF REQUIRED RIGHT -OF -WAY IMPROVEMENTS $1,500 10. WAIVER OF PLAT APPLICATION $ Ma. $3000 11. COMPREHENSIVE PLAN AMENDMENTS $20,000 12. SPECIAL EXCEPTION $1,750 13. ADMINISTRATIVE WAIVER $500 14. TEMPORARY SIGNAGE $35 15. SIDEWALK SALES $35 16. DUMPSTER AGREEMENT, CONSTRUCTION TRAILER AGREEMENT $25 17. OUTDOOR SEATING, per seat / per year $25 18. TREE REMOVAL PERMIT $40 (New wording underlined; words being removed indicated by stfikethfoug-h)