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02-20-01. ................. ............. ................................ ....... .............. . . ................................ ... ............................. .......... ... .............. .. ..... ........ THE UTY OF SOUTH MAMA MAYOR: Julio Rob i VICE MAYOR: Horace G. Feliu. COMMISSIONER: Randy G. Wiscombe COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY MANAGER: Charles D. Scurr CITY ATTORNEY: Earl G. Gallop CITY CLERK: Ronetta Taylor CITY COMMISSION AGENDA City Commission Meeting Meeting date: February 20, 2001 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: March 6,- 2001 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 11cityff laction. "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) 1. Manor Lane Traffic Study 2. Junior Commission For Women 3. Discussion of Police Station solutions REGULAR CITY COMMISSION AGENDA- February 20, 2001 1 6:30 p.m. 6:55 p.m. & City Hall - 7:05 p.m. overcrowding 7775 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes Special City Commission Minutes - January 16, 2001 Regular'City - Commission Minutes - January 16. 2001 -2 City Manager's Report 3. City Attorney's Report 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 $11,768.87, CHARGING $559.90 TO ACCOUNT NO. 1500- 514 - 3452, CODE ENFORCEMENT; CHARGING $1,049.74 TO ACCOUNT NO. 1500 -514- 3435, REAL PROPERTY /FORECLOSURE; CHARGING $8, 943.80 TO ACCOUNT NO. 1500 -514- 3410, LEGAL SERVICES, NON - RETAINER; CHARGING $1,215.43 TO ACCOUNT NO. 608 -1910- 521 - 3100, PROFESSIONAL SERVICES, FORFEITURE PROVIDING AN EFFECTIVE DATE: 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO' A 48 MONTH "LEASE AGREEMENT WITH HEARS MOTOR LEASING FOR THE LEASE OF TWELVE 2001 CROWN VICTORIA POLICE PURSUIT, AND TWO 2001 FORD EXCURSION' 4X4 UTILITY VEHICLES AND THE EXTENDED EXTRA -CARE WARRANTIES, FOR AN AMOUNT NOT TO EXCEED $410,455.00 FOR THE TERM OF THE LEASE FROM ACCOUNT NUMBER 1910- 521 -4450` ( PURCHASE /LEASE - POLICE VEHICLES) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A SOUTH: FLORIDA COMMUNITY URBAN RESOURCES PARTNERSHIP (SFCURP) GRANT IN THE AMOUNT OF $13,875; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTION(S) /PUBLIC HEARING(S) REGULAR CITY COMMISSION AGENDA - February 20, 2001 2 7 T - 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "DAN MARINO'S TOWN TAVERN" IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICT, SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE). 4/5 RESOLUTION (S) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PETITIONING THE BOARD OF COUNTY COMMISSIONERS TO FORMULATE AND ADOPT A COMPREHENSIVE COUNTY-WIDE STREET TREE AND PARKS MASTER PLAN, AND A LANDSCAPING MAINTENANCE PROGRAM, BASED UPON THE PRINCIPALS SET FORTH HEREIN, AND TO ADOPT AUTHORIZING LEGISLATION FOR THE IMPLEMENTATION OF SAID PLAN AND PROGRAM. (document to be submitted) 3/5 ORDINANCE (S) FIRST READING There are none 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... PUBLIC REMARKS 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 3 AGENDA - February 20, 2001 CITY OF SOUTH MIAMI To: Mayor and Commission Date: February 20, 2001 From: Earl G. Gallop Agenda Item City Attorney Commission Meeting January 16, 2001 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney in the total amount of $11,768.87. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $16,423.58 $8,943.80 Account # 1500-514-3435 Professional Services - $3,134.95 $1,215.43 Account # 608- 1910` - 521 -3100 CRA Fund — General Legal $ $ Account #610-1120-554-3415 Code Enforcement Account #1500-514-3452 Telecommunications Account #1500-514-3420 Legal Services Non Retainer Account# 1500 -3410 A detailed Billing Statement is attached. $8,975.67 $559.90 $8,527.50 $ $27,298.53 $ ��-7rT7 --P-FN7` 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 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 $11,768.87, CHARGING $559.90 TO ACCOUNT NO. 1500 -514- 3452, CODE ENFORCEMENT; CHARGING $1,049.74 TO ACCOUNT NO. 1500 -514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $8,943.80 TO ACCOUNT NO. 1500- 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING $1,215.43 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 January 31, 2001, in the amount of $11,768.87; 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 $11,768.87, are approved for payment and charging $559.90 to account no. 1500 -514 -3452, code enforcement; charging $1,049.74 to account no. 1500 - 514.3435, real estate /foreclosure; charging $8,943.80 to account no. 1500 -514 -3410, legal, non - retainer; and charging $1,215.43 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 �'+.4^AwR. "'...,'w.+- .:m'sY=vsW =i%n. tw,swsi.aa,u.a -ry .4✓+ wcarwa.Htw 9ili4'�FV s"p"a' ?rc`,..wrV' u. �. : w�. �'.' w,^+' �etl�Cw. t[ 5s° v. tc5aww..'' irk4ev!:. rt- aG3. sv�ui.' 3?' �"-'+` �GmMaA�a 'd'N.'^+.aG- S�zr.,...:{ .�i.. 1 2 PASSED AND ADOPTED this day of February, 2001. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Robaina: 12 Vice Mayor Feliu: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner Russell: 16 17 18 19 20 21 22 23 24 25 \ \Dell_6100 \Documents \City of South Miami \0022 - 00 1 \8642.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Page 2 of 2 NAGIN GALLOP FIGUEREDOP.A. Attorneys & Coicnselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 February 12, 2001 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: Facsimile (305) 854 -5351 Enclosed are our statements for professional services rendered and for costs advanced for the period ending January 31, 2001, in the amount of $11,768.87. 1 have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate Prof 1 Services $ 245.00 Statement No. 8679 dated 02109101- Disbursements 0.00 Total Due 245.00 0022 -003 Williamson Foreclosure Prof 1 Services $ 375.00 Statement No. 8680 dated 02109101 Disbursements 29.74 Total Due 404.74 0022 -023 Parking Garage Contract Prof 1 Services $ 6,220.00 Statement No. 8681 dated 02109101 Disbursements 787.00 Total Due 7,007.00 0022 -027 Bruce v. Code Enforcement Prof1 Services $ 540.00 Statement No. 8682 dated 02109101 Disbursements 19.90 Total Due 559.90 - -. z Hakeem Oshikoya Finance Director February 12, 2001 Page 2 of 3 0022 -034 CSM v. Third Group Mortgage Prof 1 Services $ 120.00 Statement No. 8683 dated 02109101 Disbursements 0.00 Total Due 120.00 0022 -048 Forfeiture of 1985 Blue Chevy Prof I Services $ 100.00 Statement No. 8749 dated 02109101 Disbursements 7.84 Total Due 107.84 0022 -052 _ CSM v. Johnny Jackson Prof 1 Services $ 60.00 Statement No. 8686 dated 02109101 Disbursements 0.00 Total Due 60.00 0022 -055 Purchase of 7800 SW 59th Avenue Prof 1 Services $ 280.00 Statement No. 8688 dated 02109101 Disbursements 0.00 Total Due 280.00 0022 -061 NRA et al. vs. City of South Miami Prof 1 Services $ 362.50 Statement No. 8690 dated 02109101 Disbursements 376.80 Total Due 739.30 0022 -063 City Hall Project Prof 1 Services $ 612.50 Statement No. 8691 dated 02109101 Disbursements 0.00 Total Due 612.50 0022 -064 Water Main Extension Prof I Services $ 507.50 Statement No. 8692 dated 02109101 Disbursements 0.00 Total Due 507.50 0022 -065 Forfeiture of 1995 International Box Prof I Services $ 15.00 Statement No. 8693 dated 02109101 Disbursements 19.84 Total Due 34.84 0022 -068 Telecommunications Contracts Prof I Services $ 15.00 Statement No. 8695 dated 02109101 Disbursements 2.50 Total Due 17.50 m Hakeem Oshikoya Finance Director February 12, 2001 Page 3 of 3 0022 -071 Forfeiture of 1994 Chevy S -10 Prof 1 Services $ 160.00 Statement No. 8697 dated 02109101 Disbursements 5.00 Total Due 165.00 0022 -072 Forfeiture of 1995 Plymouth 2 Door Prof 'I Services $ 190.00 Statement No. 8698 dated 02109101 Disbursements 14.75 Total Due 204.75 0022 -073 Forfeiture of $2,287.00 US Currency Prof 'l Services $ 50.00 StatementNo. 8699 dated 02109101 Disbursements 0.00 Total Due 50.00 0022 -075 Forfeiture of 2000 Audi Coupe Prof 1 Services $ 50.00 Statement No. 8701 dated 02109101 Disbursements 3.00 Total Due 53.00 0022 -076 Forfeiture of $2,038.00 US Currency ProfI Services $ 390.00 Statement No. 8702 dated 02109101 Disbursements 210.00 Total Due 600.00 CURRENT TOTAL DUE $ 119768.87 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission -: CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 50 Date: February 12, 2001 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total I 1 Code Enforcement 1500 -514 -3452 559.90 559.90 2 7 Forfeitures 608 -1910- 521 -3100 1,215.43 1,215.43 3 6 Legal, Non - Retainer 1500 -514 -3410 8,943.80 8,943.80 4 4 Real Estate /Foreclosure 1500 - 514 -3435 1,049.74 1,049.74 TOTAL $11,768.87 Purchase Order No. Terms /Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge _G Head of Department Accounts Approved Purchases as Above Approved and Issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department City Manager 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 February 9, 2001 Hakeem Oshikoya Finance Director Matter ID: 0022 -002 City of South Miami Real Estate 6130 Sunset Drive Statement No. 8679 City of South Miami, FL 33143 Hours Amount 01/22/2001 LRF Prepared letter to Wilbur Majorica at DERM requesting a letter from 0.90 157.50 DERM reassuring the City that it will assume no liability by taking temporary ownership of a corner portion of the property where Eienstein Bagels is currently located: 01/25/2001 LRF Prepared letter to DERM regarding Einstein bagels property right of 0.50 87.50 way. Total Professional Services 245.00 Rate Summary Luis R. Figueredo 1.40 hours at $175.00/hr 245.00 Total hours: 1.40 Payments 01/23/2001 Payment Ck#30504 427.60 Sub -total Payments: 427.60 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: 427.60 Payments - Thank you 427.60 Total Due 245.00 To'beproperly 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 NAGINGALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 9, 2001 Hakeem Oshikoya Matter ID: 0022 -003 Finance Director Williamson foreclosure City of South Miami 6130 Sunset Drive Statement No. 8680 City of South Miami, FL 33143 Hours Amount 01/10/2001 EAB Telephone conference with Mr..Mandler, Ms. McCann and Ms. 0.40 60.00 01/11/2001 EAB 01/25/2001 EAB 01/26/2001 EAB 01/30/2001 EAB Manning providing Habitat for Humanity with an update on litigation; finalized second amended ex parte motion for substitution of parties. Continued to assist Ms. Rosa in preparation of statement of claim and revisions to statement of claim and attachments thereto. Meeting with Mr. Gallop regarding Williamson matter in which I provided him with an update, and strategy for serving newly substituted parties. Revised amended complaint for foreclosure. Prepared notice of action and request for waiver of service of process to substituted parties. Rate Summary Eve A. Boutsis Expenses 1.00 150.00 0.20 30.00 0.50 0.40 Total Professional Services 2.50 hours at $150.00 /hr Total hours: 2.50 Postage Charge Legal research Sub -total Expenses 375.00 17.28 12.46 29.74 75.00 60.00 375.00 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 -003 Statement No.: 8680 Page: 2 Payments 01/23/2001 Payment Ck#30504 160.84 Sub -total Payments: 160.84 For Professional Services 375.00 For Disbursements Incurred 29.74 Current Balance: 404.74 Previous Balance: 810.72 Payments - Thank you 160.84 Total Due 1,054.62 i To be properly credited, please indicate Statement Number on your remittance check. ti 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. u� 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 February 9, 2001 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director City of South Miami Parking garage contract 6130 Sunset Drive Statement No. 8681 City of South Miami, FL 33143` Hours Amount 01/03/2001 LRF Reviewed revised draft of the lease agreement which was revised to 2.30 402.50 address additional parking level to be owned by the City. Telephone conference with McCardle to discuss scheduling a meeting to discuss reasonable developer costs associated with the Project in the event the lease is not approved. Telephone conference with the Vice Mayor to discuss schedule for placing the revised lease on the commission agenda. 01/05/2001 LRF Meeting with George Magruder to discuss changes to lease and 8.00 1,400.00 settlement figures. Research regarding construction costs. Prepared amortization schedules. Prepared draft memorandum. Attended meeting with Mr. Scurr, Mr. Gallop, and the planning director to discuss SPG and pending matters. 01/08/2001 LRF Telephone conference with Ralph Perez regarding amendments to 3.20 560.00 lease. Prepared memorandum to the City commission concerning construction costs. Meeting with Mr. Basu and Mr. McCardle concerning lease, project design elements and Hometown plan. Meeting with Mr. McCardle concerning SPG project costs expended to date. 01/0912001 LRF Worked on construction costs analysis .Telephone conference with 3.00 525.00 George McCardle regarding summary of cost estimates and lease modifications. 01/10/2001 LRF Finalized construction cost memorandum. Telephone conference 3.10 542.50 with Oak Street parking operator. Telephone conference with Mr. Scurr concerning SPG's failure to renew lobbyists registrations. Reviewed modifications to SPG lease agreement. 01/11/2001 LRF Reviewed and revised lease agreement. Finalized lease summary. 3.80 665.00 Finalized construction cost memorandum. Meeting with Commissioner Wiscombe and Mr.Scurr to discuss lease agreement and construction costs for the municipal garage. 01/12/2001 LRF Meeting with Commissioner Russell to discuss construction costs 3.30 577.50 for municipal garage. Meeting with', Commissioner Bethel. Reviewed and revised Mr. Scurr's memorandum to City Commission. 01/16/2001 LRF Meeting with Mayor Robaina to discuss construction costs for 6.00 1,050.00 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. .: - „ R Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 8681 municipal garage and SPG lease agreement. Telephone conference Rate Summary Eve A. Boutsis Luis R. Figueredo Total hours: Expenses Page: 2 0.90 157.50 0.40 with Charles Scurr concerning presentation to commission. 0.30 Attended city commission. meeting. Telephone conferences with 0.50 George McCardle and Ralph Perez concerning matters likely to be 0.80 discussed during commission meeting. 01/22/2001 LRF Telephone conference with Mr. Scurr regarding status of release. , Prepared release of claims for SPG. Conference with Mr. Gallop regarding same. 01/24/2001 EAB Reviewed SPG parking files in order to obtain all documents needed and applicable to public records request. 01/26/2001 LRF Telephone conference with Ralph Perez concerning release. 01/29/2001 LRF Telephone conference with Ralph Perez and George McCardle regarding scope of release agreement. 01/31/2001 LRF Telephone status conference with Mr. Scurr regarding release agreement and status of draft SPG lease. Telephone conference with Ralph Perez regarding language to be included in the lease agreement. Rate Summary Eve A. Boutsis Luis R. Figueredo Total hours: Expenses Page: 2 0.90 157.50 0.40 60.00 0.30 52.50 0.50 87.50 0.80 140.00 Total Professional Services 0.40 hours at $150.00 /hr 35.20 hours at $175.00/hr 35.60 Photocopies 01/09/2001 Imaging Charge - Photographic Charges for Presentation 01/11/2001 Imaging Charge - Photographic Charges for Presentation 01/17/2001 Outside copy job Payments 01/23/2001 Payment Ck#30504 Sub -total Expenses: Sub -total Payments: 60.00 6,160.00 253.50 303.00 163.00 67.50 787.00 822.50 822.50 6,220.00 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. <. -.fie- 7 Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 8681 Page: 3 For Professional Services 6,220.00 For Disbursements Incurred 787.00 Current Balance; 7,007.00 Previous Balance: 977.50 Payments - Thank you 822.50 Total Due 7,162.00 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. I CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys Fa 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 February 9, 2001 Matter I D: 0022 -027 Bruce v. Code Enforcement Statement No. 8682 Hours Amount 01/03/2001 EAB Prepared for hearing on motion for summary judgment; completed 3.00 450.00 legal research search for cases on temporary injunction and presumed injury to municipality; attended hearing on summary judgment. 01/25/2001 EAB Telephone conference with Mr. Harris regarding proposed 0.40 60.00 settlement offer. 01/30/2001 EAB Telephone conference with Mr. Harris regarding settlement and 0.20 30.00 extension of time; prepared letter to Mr. Harris confirming 2 -week extension. Rate Summary Eve A. Boutsis Expenses 12/27/2000 Payments 01/23/2001 Total Professional Services 540.00 3.60 hours at $150.00 /hr Total hours: 3.60 Legal research Parking Charge Outside copy job Payment 540.00 3.40 10.00 6.50 Sub -total Expenses: 19.90 Ck#30504 90.00 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 -027 Statement No.: 8682 Page: 2 Sub - total Payments: 90.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 540.00 19.90 559.90 1,615.69 90.00 2,085.59 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. — 5 1, — 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 Hakeem Oshikoya February 9, 2001 Finance Director Matter ID: 0022 -034 City of South Miami CSM v. Third Group Mortage, 6130 Sunset Drive Statement No. 8683 City of South Miami, FL 33143 Hours Amount 01/08/2001 EAB Various telephone conferences with Ms. Rosa regarding 0.30 45.00 compliance with Dade County Tax Collector request for notarized acknowledgement of total liens fled against property. 01/09/2001 EAB Received facsimile from Ms. Rosa regarding her notarized proof of 0.50 75.00 claim filed with the Clerk of Courts; prepared detailed email communication to Ms. Rosa instructing her to re -draft the notarized proof of claim and indicating all the information she is to include in the filing, including: the number of liens, the amount of liens to present day, including interest, and proof of liens. Total Professional Services 120.00 Rate Summary Eve A. Boutsis 0.80 hours at $150.00 /hr 120.00 Total hours: 0.80 Payments 01/23/2001 Payment Ck#30504 561.20 Sub -total Payments: 561.20 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. F For Professional Services For Disbursements Incurred Current Balancer Previous Balancer Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 120.00 0.00 120.00 585.52 561.20 144.32 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 February 9, 2001 Hakeem Oshikoya Matter ID: 0022 -046 Finance Director City of South Miami_ Merrick v. City of South Miami 6130 Sunset Drive Statement No. 8684 City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. o el 0.00 2.00 0.00 2.00 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors Rate Summary Eve A. Boutsis 1.00 hours at $100.00 /hr 100.00 Total hours: 1.00 Expenses Postage Charge 7.84 Sub -total Expenses: 7.84 Payments 1/23/01 Payment Ck #30504 130.10 Sub -total Payments: 130.10 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. - "_F -.�'^_ -r.-.: ..�-�, s,- ,,. .., -- s-• --i- r ®..n< .;k_'xtm"??'4j��' ,4 Mt. � J4Fi1 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 9, 2001 Hakeem Oshikoya Matter ID: 0022 -048 Finance Director Forfeiture of 1985 Blue Chevy City of South Miami 6130 Sunset Drive Statement No. 8749 City of South Miami, FL 33143 Hours Amount 1/3/01 EAB Set matter for hearing on summary judgment and coordinated 0.20 20.00 telephonic appearance by claimant at hearing from Federal Detention Center. 1/8/01 EAB Prepared exhibit and witness lists in compliance with Court's trail 0.40 40.00 order. 1/17/01 EAB Finalized witness and exhibit lists. 0.40 40.00 Total Professional Services 100.00 Rate Summary Eve A. Boutsis 1.00 hours at $100.00 /hr 100.00 Total hours: 1.00 Expenses Postage Charge 7.84 Sub -total Expenses: 7.84 Payments 1/23/01 Payment Ck #30504 130.10 Sub -total Payments: 130.10 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. - "_F -.�'^_ -r.-.: ..�-�, s,- ,,. .., -- s-• --i- r ®..n< .;k_'xtm"??'4j��' ,4 Mt. � J4Fi1 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 100.00 7.84 107.84 394.97 130.10 372.71 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 FIGUEREDOPA. Attorneys Fr Counselors 3225, Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 9, 2001 Hakeem Oshikoya Finance Director Matter ID: 0022 -052 City of South Miami CSM v. Johnny Jackson 6130 Sunset Drive Statement No. 8686 City of South Miami, FL 33143 Hours Amount 01/26/2001 EAB Analyzed substitution of parties statute and prepared short 0.40 60.00 memorandum regarding postponing hearing on motion for attorney's fees due to death of Mr. Jackson. Total Professional Services 60.00 Rate Summary Eve A. Boutsis 0.40 hours at $150.00 /hr 60.00 Total hours: 0.40 Payments 01/23/2001 Payment Ck#30504 34.16 Sub -total Payments: 34.16 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. m - Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -052 Statement No.: 8686 Page: 2 For Professional Services 60.00 For Disbursements Incurred 0.00 Current Balance: 60.00 Previous Balance: 34.16 Payments - Thank you 34.16 Total Due 60.00 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 FIGUEREDOP.A. I Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone:: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya February 9, 2001 Matter ID: 0022 -054 Finance Director Forfeiture of 2000 Honda City of South Miami 6130 Sunset Drive Statement No. 8687 City of South Miami, FL 33143 i i Payments 01/23/2001 Payment Ck#30504 122.00 Sub-total Payments: 122.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0,00 Previous Balance: 122.00 Payments - Thank you 122.00 Total Due 0.00 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 FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 9, 2001 Hakeem Oshikoya Matter ID: 0022 -055 Finance Director City of South Miami Purchase of 7800 SW 59th 6130 Sunset Drive Statement No. 8688 City of South Miami, FL 33143 Hours Amount 01/03/2001 LRF Telephone status conference with Mr. Pearson concerning progress 0.20 35.00 01/08/2001 LRF 01/09/2001 LRF 01/10/2001, LRF 01/16/2001 LRF on obtaining all of the Seller's signatures Reviewed proposed amendment to purchase agreement. Telephone 0.40 70.00 conference with Steve Pearson regarding same. Conference with Mr. Scurr regarding same. Telephone conference with Mr. Pearson concerning modification to 0.40 70.00 proposed amendment to purchase and sale agreement. Telephone conference with Steve Pearson regarding final edits to 0.20 35.00 purchase and sale agreement. Conference with Mr. Scurr regarding option agreement and 0.40 70.00 presentation of the item at the city commission meeting. Rate Summary Luis R. Figueredo Payments 01/23/2001 Payment Total Professional Services 280.00 1.60 hours at $175.00/hr 280.00 Total hours: 1.60 Ck #30504 192.50 Sub -total Payments: 192.50 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 Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. I, 280.00 376.50 192.50 464.00 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOP. A. Attornevs & 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 February 9, 2001 Matter 1D: 0022 -058 Astbury, et al. v. CSM Statement No. 8689 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 13.62 0.00 13.62 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 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 February 9, 2001 Matter ID: 0022 -061 NRA, et al. vs. City of South Statement No. 8690 Rate Summary Eve A. Boutsis Earl G. Gallop Expenses Total Professional Services 362.50 0.20 hours at $150.00 /hr 1.90 hours at $175.00/hr Total hours: 2.10 30.00 332.50 Legal research 371.30 Parking Charge 5.50 Sub -total Expenses: 376.80 Payments 01/23/2001 Payment Ck#30504 5,810.68 Sub -total Payments: 5,810.68 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 01/02/2001 EGG Reviewed order of Fla. 3rd DCA quashing discovery order of trial 0.20 35.00 court. 01/03/2001 EGG Attended hearing on NRA's motion to reschedule hearing on city's 1.70 297.50 motions for summary judgment and NBA's motion for preliminary injunction. 01/17/2001 EAB Telephone conference with Deborah Turner, ass't. city attorney, City of Miami Beach, regarding gun lock ordinance and status of the City of South Miami's litigation. 0.20 30.00 Rate Summary Eve A. Boutsis Earl G. Gallop Expenses Total Professional Services 362.50 0.20 hours at $150.00 /hr 1.90 hours at $175.00/hr Total hours: 2.10 30.00 332.50 Legal research 371.30 Parking Charge 5.50 Sub -total Expenses: 376.80 Payments 01/23/2001 Payment Ck#30504 5,810.68 Sub -total Payments: 5,810.68 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 -061 Statement No.: 8690 Page: 2 For Professional Services 362.50 For Disbursements Incurred 376.80 Current Balance: 739.30 Previous Balance: 11,140.10 Payments - Thank you 5,810.68 Total Due 6,068.72 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 February 9, 2001 Hakeem Oshikoya Matter ID: 0022 -063 Finance Director City Hall Project City of South Miami 6130 Sunset Drive Statement No. 8691 City of South Miami, FL 33143 Rate Summary Luis R. Figueredo Payments 01/23/2001 Payment Total Professional Services 612.50 3.50 hours at $175.00/hr Total hours: 3.50 Ck #30504 612.50 52.50 Sub - total Payments: 52.50 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. Hours Amount 01/03/2001 LRF Telephone conference with Ms.Gladys Perez concerning options for 0.50 87.50 developer in the event the lease term of 50 years is not renewed. 01/09/2001 LRF Prepared memorandum to Gladys Perez regarding City Charter and 0.90 157.50 acceptable format for lease renewal options. Telephone conference with Ms. Perez regarding same. 01/10/2001 LRF Finalized letter to Gladys Perez at the Mas Group regarding 0.40 70.00 acceptable renewal options for future lease agreement. 01/11/2001 LRF Telephone conference with Gladys Perez regarding presentation for 1.00 175.00 City Commission meeting. Reviewed City Charter. Telephone conference with Mr. Basu regarding procedure for transferring right of way easement to the county.' 01/12/2001 LRF Telephone conference with Gladys Perez regarding transfer of City 0.70 122.50 right of way. Telephone conference with Subrata Basu regarding_ mechanics for facilitating the transfer of the right of way back to the county. Meeting with Mr. Scurr regarding options for new city hall. Rate Summary Luis R. Figueredo Payments 01/23/2001 Payment Total Professional Services 612.50 3.50 hours at $175.00/hr Total hours: 3.50 Ck #30504 612.50 52.50 Sub - total Payments: 52.50 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. e- Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -063 Statement No.: 8691 Page 2 For Professional Services 612.50 For Disbursements Incurred 0.00 Current Balance: 612.50 Previous Balance: 52.50 Payments - Thank you 52.50 Total Due 612.50 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 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 February 9, 2001 Matter ID: 0022 -064 Water Main Extension Statement No. 8692 Total Professional Services 507.50 Rate Summary Luis R. Figueredo 2.90 hours at $175.00/hr Payments 01/23/2001 Total hours: 2.90 Payment Ck#30504 Sub - total Payments: 507.50 280.00 280.00 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. Hours Amount 01/22/2001 LRF Telephone conference with Dave Goodin regarding status of tittle 1.00 175.00 opinion. Telephone conference with WASH regarding same and applicability of sewer improvements agreement to new construction and Starbucks project. Telephone status conference with Mr. Scurr regarding Starbucks project. 01/25/2001 LRF Telephone conferences with Mr. Scurr and WASA regarding 0.80 140.00 Starbucks project. 01726/2001 LRF Telephone conference with WASA regarding applicability of City 1.10 192.50 commitment to perform infrastructure improvements to Starbucks site. Telephone conference with Ms. Cinque. Total Professional Services 507.50 Rate Summary Luis R. Figueredo 2.90 hours at $175.00/hr Payments 01/23/2001 Total hours: 2.90 Payment Ck#30504 Sub - total Payments: 507.50 280.00 280.00 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 507.50 For Disbursements Incurred 0.00 Current Balance: 507.50 Previous Balance: 280.00 Payments - Thank you 280.00 Total Due 507.50 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 FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya February 9, 2001 Finance Director Matter ID: 0022 -065 City of South Miami Forfeiture: 1995 International Box 6130 Sunset Drive Statement No. 8693 City of South Miami, FL 33143 Hours Amount 01/09/2001 KA Searched for document; made certified copy; recorded certified final 0.75 15.00 default judgement. Total Professional Services 15.00 Rate Summary Karina Arguello Expenses 01/11/2001 Payments 01/23/2001 Total hours: Parking Charge Outside copy job Payment Ck#30504 0.75 hours at $ 20.00 /hr 0.75 Sub -total Expenses: Sub -total Payments: .15.00 17.84 2.00 19.84 422.76 422.76 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: 0022-065 Statement No.: 8693 Page: 2 For Professional Services 15.00 For Disbursements Incurred 19.84 Current Balance: 34.84 Previous Balance: 422.76 Payments - Thank you 422.76 Total Due 34.84 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 February 9, 2001 Hakeem Oshikoya Finance Director Matter ID` 0022 -066 City of South Miami Forfeiture: 1993 Volvo 940 Turbo 6130 Sunset Drive Statement No. 8694 City of South Miami, FL 33143 Payments 01/23/2001 Payment Ck#30504 86.98 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 86.98 0.00 0.00 0.00 93.98 86.98 Total Due 7.00 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 FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeern Oshikoya February 9, 2001 Matter 1D: 0022 -068 Finance Director City. of South Miami Telecommunications Contracts 6130 Sunset Drive Statement No. 8695 City of South Miami, FL 33143 Hours Amount 01/17/2001 KA Hand delivered package to Greenberg Traurig. 0.75 15.00 Total Professional Services 15.00 Rate Summary Karina Arguello Expenses Mileage Total hours: 0.75 hours at $ 20.00 /hr 15.00 0.75 2.50 Sub -total Expenses: 2.50 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 -068 Statement No.: 8695 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 15.00 2.50 17.50 157.50 0.00 175.00 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. ., 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 February 9, 2001 Finance Director Matter ID: 0022 -070 City of South Miami CSM v. FDOA 6130 Sunset Drive Statement No. 8696 City of South Miami, FL 33143 Payments 01/23/2001 Payment Ck#30504 3.00 For Professional Services For Disbursements Incurred Current Balancer Previous Balance: Payments - Thank you Sub -total Payments: 3.00 0.00 - 100.00 3.00 Total Due - 103.00 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 FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 9, 2001 Hakeem Oshikoya Matter ID: 0022 -071 Finance Director City of South Miami Forfeiture of 4994 Chevy S -10 6130 Sunset Drive Statement No. 8697 City of South Miami, fL 33143 Hours Amount 01/10/2001 EAB Prepared motion for default judgment against all unknown 0.30 30.00 claimants. 01/17/2001 EAB Revised motion for default against all claimants. 0.30 01/30/2001 EAB Attended motion calendar on motion for default against all 1.00 claimants, including unknown persons. Rate Summary Eve A. Boutsis Expenses Payments 01/23/2001 Total hours: Parking Charge Total Professional Services 1.60 hours at $100.00 /hr 160.00 1.60 5.00 Sub -total Expenses: 5.00 Payment Ck#30504 780.68 Sub- total Payments: 780.68 30.00 100.00 160.00 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. A Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -071 Statement No.: 8697 Page: 2 For Professional Services For Disbursements Incurred Current Balance` Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 160.00 5.00 165.00 780.68 780.68 iDweIe, 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 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 February 9, 2001 Matter ID: 0022. -072 Forfeiture of 1995 Plymouth 2 Statement No. 8698 Hours Amount 01/10/2001 EAB Prepared motion for default against Mr. Martinez and all unknown 0.40 40.00 claimants (due to notice of action published in Miami Business Review). 01/17/2001 EAB Revised motion for default against all claimants. 0.30 01/30/2001 EAB Attended motion calendar for hearing on motion for default; 1.20 prepared letter to former claimant who waived interest in vehicle informing him of default and termination of action in 10 days, upon receipt of final default judgment. Total Professional Services Rate Summary Eve A. Boutsis 1.90 hours at $100:00 /hr 190.00 Total hours: 1.90 Expenses Parking Charge 9.75 Mileage 3.00 01/11/2001 Outside copy job 2.00 Sub -total Expenses: 14.75 Payments 01/23/2001 Payment Ck#30504 711.50 Sub -total Payments: 711.50 30.00 120.00 190.00 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 -072 Statement No.: 8698 Page: 2 For Professional Services 190.00 For Disbursements Incurred 14.75 1 Current Balance: 204.75 Previous Balance: 967.96 Payments - Thank you 711.50 i Total Due 461.21 `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 II rate of 1.5% per month will be charged if payment is not received within 30 days. i 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 February 9, 2001 Finance Director Matter ID: 0022 -073 City of South Miami Forfeiture of $2,287.00 US 6130 Sunset Drive Statement No. 8699 City of South Miami, FL 33143 Hours Amount 01108/2001 EAB Provided update to Detective Barrio on status of action; prepared" 0.50- 50.00 non - military affidavit and motion for default. Total Professional Services 50.00 Rate Summary Eve A. Boutsis 0.50 hours at $100.00 1hr 50.00 Total hours: 0.50 Payments 01/23/2001 Payment Ck#30504 614.19 Sub -total Payments: 614.19 Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID 0022 -073 Statement No.: 8699 Page: 2 For Professional Services 50.00 For Disbursements Incurred 0.00 Current Balancer 50.00 Previous Balance: 617.11 Payments - Thank you 614.19 Total Due 52.92 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. 77 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 February 9, 2001 Hakeem Oshikoya Matter ID: 0022 -074 Finance: Director City of South Miami Midfirsf Bank v. Lonon, et al. 6130 Sunset Drive Statement No. 8700 City of South Miami, FL 33143 Payments 01/23/2001 Payment C1430504 2.00 Sub- total Payments: 2.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 2.00 Payments - Thank you 2.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. INNER 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. j I. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 9, 2001 Hakeem Oshikoya Matter ID: 0022 -075. Finance Director City of South Miami Forfeiture of 2000 Audi Coupe 6130 Sunset Drive Statement No 8701 City of South Miami, FL 33143 Hours Amount 01/03/2001 EAB Prepared and filed affidavit of non - military service for claimant. 0.20 20.00 01/16/2001 EAB Attorney client meeting with Detective Barrio regarding various 0.30 30.00 factual issues in this litigation. Rate Summary Eve A. Boutsis Expenses Total Professional Services 50.00 0.50 hours at $100.00 /hr Total hours: 0.50 50.00 Parking Charge 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. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -075 Statement No.: 8701 Page: 2 For Professional Services 50.00 For Disbursements Incurred 3.00 Current Balance: 53.00 Previous Balance: 984.78 Payments -Thank you 0.00 I Total Due 1,037.78 To be properly credited, please indicate Statement Number on your remittance check. Ii i 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. l 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 February 9, 2001 " Hakeern Oshikoya Matter ID: 0022 -076 Finance Director City of South Miami Forfeiture of $2,038.00 US 6130 Sunset Drive Statement No. 8702 City of South Miami, FL 33143 01/08/2001 EAB 01/15/2001 EAB 01/16/2001 EAB 01/25/2001 EAB Hours Analyzed police report and prepared notice of seizure; various 0.40 telephone conferences with AC Feldman and Detective Barrio regarding proposed forfeiture. Prepared complaint, preliminary probable cause motion, verifying affidavit, request for admissions, request for production and interrogatories. Meeting with Detective Barrio in which we analyzed and revised proposed complaint and verified affidavit; requested copies of claimant's criminal record and prior offense incident report. Prepared affidavit of non military service 3.00 0.30 0.20 Total Professional Services Rate Summary Eve A. Boutsis 3.90 hours at $100.00 /hr 390.00 Total hours: 3.90 Expenses Filing fee 210.00 Sub -total Expenses: 210.00 Amount 40.00 300.00 30.00 20.00 390.00 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 390.00 For Disbursements Incurred 210.00 Current Balance: 600.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due I 600.00 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. . z-,.. .,n— .y?^'R'SnZ"1'r' ^:,a""'h�F'v SOUTH MIAMI POLICE DEPARTMENT INTEL - OFFICE MEMORANDUM TO: Mayor and Commission Date: February 7, 2001 FROM: Charles Seurr Agenda Item # 6`0 City Manage C/ Comm Mtg. February 20, 2001 Leasing of Police Patrol Vehicles RE VEST Approval of the 48 month lease of twelve Ford Crown Victoria Police Pursuit vehicles and two Ford Excursion Utility vehicles from Mears Motor Leasing, for a sum not to exceed $410,455.00 for the term of the lease. . BACKGROUND AND ANALYSIS The Police Department procures a number of new vehicles each year for Uniform Police patrol. The new vehicles help to maintain the working order of the fleet, which allows for the quick and safe response of the police officers to citizen's calls for service. These vehicles will be assigned to officer as take home /assigned vehicles. The Emergency Operations Preparedness Plan suggest that the Police Department have a portion of it's fleet as four wheel drive vehicles which can be used during and in the aftermath of 'a natural disaster. The Excursions will be used for emergency management purposes. Mears Motor Leasing will acquire the vehicles under the Florida Sheriff's Association Bid # 00 -08 -0905. Funding for the first year of the lease of $51,306.72 is included in the 2000/2001 budget, under account number 1910 - 521 - 4450, Purchase/Lease - Police Vehicles. This account will have a balance of $2093.28 I' i t 1 1► • i Approval is recommended 2 3 RESOLUTION NO. 4 5 6 7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 8 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE 9 CITY MANAGER TO ENTER INTO A 48 MONTH LEASE 10 AGREEMENT WITH MEARS MOTOR LEASING FOR THE 11 LEASE OF TWELVE 2001 CROWN VICTORIA POLICE PURSUIT, 12 AND TWO 2001 FORD EXCURSION 4X4 UTILITY VEHICLES 13 AND THE EXTENDED EXTRA CARE WARRANTIES, FOR AN 14 AMOUNT NOT TO EXCEED $410,455.00 FOR THE TERM OF 15 THE LEASE FROM ACCOUNT NUMBER 1910 -521 -4450 16 (PURCHASE/LEASE- POLICE VEHICLES) 17 18 19 WHEREAS, these vehicles will allow the Police Department to quickly and safely respond to 20 citizens calls for service, maintain preventive patrols and enforce traffic laws; and 21 22 WHEREAS, these vehicles will increase the take home /assigned vehicle fleet to provide 23 vehicles to 50 of the eligible police officers. 24 25 WHEREAS, these vehicles will increase the number of police vehicles on the road, thus 26 increasing the number of police officers and their visibility, in turn reducing the opportunity for crime, 27 and; 28 29 WHEREAS, the Excursions meet the emergency' operations preparedness plans which suggest 30 that agencies have available a portion of their fleets as four wheel drive vehicles for use during and 31 after natural disasters, such as the flooding which may occur after a hurricane; and 32 33 WHEREAS, Mears Motor Leasing will acquire the vehicles for this lease under Florida 34 Sheriff's Association Bid #00- 08- 0905. 35 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 38 OF THE CITY OF SOUTH MIAMI, FLORIDA: 39 40 41 Section 1. The City Manager be, and hereby is authorized to disburse the total sum of 42 $410,455.00 in 48 monthly installments to Mears Motor Leasing for the lease 43 of twelve 2001 Ford Crown Victoria Police Pursuit and two 2001 Ford 44 Excursion Utility vehicles and the extended care warranties. The Disbursement 45 for the 2000/2001 fiscal year will be $51,306.72, 2001/2002 - $102,613.44, 46 2002/2003 - $102,613.44, 2003/2004 - 102,613.44 and 2004/2005 - 47 $51.306.72. That the disbursement be charged to account number 1910- 48 521 -4450 (Lease/Purchase Vehicles). All future budgets will reflect the 49 annual lease amounts. 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Continuation: Lease of 2001 police vehicles Section 2. The City Manager is authorized to execute such contracts and documents as are necessary for the lease of said vehicles. Section 3. This resolution shall take effect immediately upon approval PASSED AND ADOPTED this day of February 2001, ATTEST: APPROVED: CITY CLERK MAYOR CITY ATTORNEY ._3905 EC KEY MVAU, . -- ---- _ ___ ___ - __ -_ i WWW.MEARSLEASINO -COM CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Mayor and City Commission Date: February 16, 2001 From: Charles D. Scuff Subject: Agenda Item 44 City Manager Commission Meeting 02/20/01 Acceptance of an SFCURP Grant REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A SOUTH FLORIDA COMMUNITY URBAN RESOURCES PARTNERSHIP ( SFCURP) GRANT IN THE AMOUNT OF $13,875; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami submitted an application to the SOUTH FLORIDA COMMUNITY URBAN RESOURCES PARTNERSHIP ( SFCURP) to eradicate 33 Australian pines; replace the Australian pines with native vegetation; continue a Wetlands Restoration Project, and establish an environmental education project at the Park. The City was awarded a grant for $13,875 for these activities. The grant requires a match of either cash or in -kind services in the same amount as the grant ($13,875). We will be able to match the grant amount by recording the time it will take city staff to remove and replace the trees and perform other activities related to this grant; therefore, the project will not cost the City additional funds. The attached resolution would allow the City Manager to execute the contracts and documents necessary to move forward with this important endeavor. RECOMMENDATION Your 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A SOUTH FLORIDA COMMUNITY URBAN RESOURCES PARTNERSHIP (SFCURP) GRANT, IN THE AMOUNT OF $13,875; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the SFCURP Program serves to assist urban communities in improving and protecting their natural resources and environment by offering grant awards and technical assistance; and WHEREAS, the grant program offers the City of South Miami the opportunity to continue the important environmental restoration begun at Fuchs Park with the Wetlands Restoration Project; WHEREAS, the City of South Miami has been awarded $13,875 for the Fuchs Park Environmental Enhancement Project, thereby allowing the City to eradicate 33 Australian pines; replacing the Australian pines with native vegetation; continuing a Wetlands Restoration Project, and establishing an environmental education project at the Park. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is authorized to accept an SFCURP Grant in the amount of $13,875. Section 2. The City Manager is authorized to execute contracts and documents applicable to the acceptance of the Grant. Section 3. This resolution shall take effect immediately upon arrival. PASSED AND ADOPTED this day of 12001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: i 7- EXHIBIT 1 SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP INC (SFCURP. INC.) GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of 320 (Effective Date) by and between the SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP, INC., hereinafter called the "SFCURP, Inc." and City of South Miami, hereinafter called the Sub - grantee (Sub- recipient). WITNESSETH WHEREAS, the SFCURP, Inc. desires to increase the principles of urban and community forestry by granting funds to the Sub - grantee (Sub- recipient) for the purpose as outlined in Grant Project Number 99 -26 included herein as Exhibit "A" and by reference made a part hereof. WHEREAS, the SFCURP, Inc. and the Sub - grantee (Sub - recipient) are of the opinion that the citizens of the State of Florida would benefit from the implementation of urban and community forestry Projects that improve our ,communities natural resources and assist with ecosystem restoration; WHEREAS, the SFCURP; Inc. has awarded the Sub - grantee, (Sub - recipient) a South Florida Community -Urban Resources Partnership (SFCURP) grant for the specific Project set forth in the SFCURP Grant Project Number 99 -26 hereinafter the "Project ", - WHEREAS, the Sub- grantee (Sub- recipient) by Resolution No. dated , has indicated its support of the grant Project and authorized its officers to execute this Agreement on its behalf; WHEREAS, the parties hereto mutually recognize the benefits of such a Project as described in the SFCURP Grant Project and the need for entering into an agreement designating and setting forth the responsibilities of each party; NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in Exhibit "2 ", the Grant Maintenance Memorandum of Agreement, the parties covenant and agree as follows: 1. Failure by the Sub - grantee (Sub- recipient) to sign and return this agreement by February 28, 2001 shall constitute forfeiture of the award. 2. The Effective Date of this agreement is , 20 3. The Sub- grantee (Sub- recipient) shall complete the Project twelve (12) months of agreement date contained herein as set forth in the South Florida Community -Urban Resources Partnership Grant Project Number 9926 approved by the SFCURP, during which time the grant shall continue in effect. The criteria for the Project is set forth therein. The final date by which such criteria must be met for completion of this agreement is twelve (12) months from Effective Date. C:\My Documents \SFCURP \SFCURP Chant MOA & Grant Maintenance MOA.doc 1 2" Edition 99 -26 - Fuchs Park Environmental Enhancement Project The Project to be performed by the Sub - grantee (Sub - recipient) shall be subject to periodic inspections by the SFCURP, Inc and/or the SFCURP Federal Support Team and/or their assignees. The Sub- grantee (Sub- recipient) shall not change or deviate from the Project without written approval by the SFCURP, Inc. 4. The Sub - grantee (Sub - recipient) has estimated the Project cost to be $27,750.00 as shown on the grant Project budget sheet attached as Exhibit "B". The SFCURP, Inc. agrees to reimburse to the Sub - grantee (Sub- recipient) the total sum of $13,875.00 or fifty percent (50 %) of the final approved Project costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which are directly related to this Project as described in Exhibits "A" and "B Project costs incurred prior to the Effective Date of this agreement are ineligible for reimbursement. To assist the Sub - grantee (Sub - recipient) with the initial three (3) months of implementation, the SFCURP, Inc. may make an advance of no more than 25 percent of the grant award. The Sub- grantee (Sub- recipient) must request the advance payment in writing using forms provided by the SFCURP, Inc. Funds provided as an advance payment must be placed in a non - interest bearing account. Only one advance payment will be made, thereafter, disbursements will be made on a reimbursement basis. No more than 75 percent of the Grant Amount will be paid to the Sub-grantee (Sub-recipient) prior to Certification of Acceptance by the SFCURP, Inc. The final payment shall not be made until Certification of Acceptance is received from the SFCURP, Inc. For installed plant materials, a sixty (60) day grow -in- period will be required after Project completion. Certification of 'Acceptance by the SFCURP, Inc. may be requested sixty (60) days after Project completion. 'Upon receipt of the Certification of Acceptance, the Sub- grantee (Sub- recipient) may submit an invoice for final payment. (a) Two or more verbal quotes are required for all purchases, expenditures exceeding $1,000.00 and up to $5,500.00. A minimum of three written quotes or a formal bid process is required for all purchases /expenditures 'exceeding $5,500.00 and not greater than $15,000.00. Sealed bids are required for all purchases exceeding $15,000.00. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. (b) Bills for fees or'other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and poste -audit thereof, and bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (c) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the SFCURP, Inc. at all times during the period of this Agreement and for t1hiee years after final payment is made. Copies of these documents and records shall be furnished to.the SFCURP Inc. upon request. Records of costs incurred include all records of the costs of the Sub - grantee (Sub- recipient) and subcontractors considered' necessary by the SFCURP, Inc. for a proper audit of the Project. (d) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with C: \My Documents \SFCURP\SFCURP Grant MOA & Grant Maintenance MOA.doc 2' Edition 99 -26 - Fuchs Park Environmental Enhancement Project a apublic entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Demonstrated or Site Specific Projects, for a period of 36 months from the date of being placed on the convicted vendor list. 5. The Sub- grantee (Sub - recipient) agrees to maintain plant materials established as a part of the Project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the Project. 6. The Sub - grantee (Sub - recipient) agrees to submit to the SFCURP, Inc. an interim report on Project accomplishments within six months of Effective Date and a final report summarizing Project accomplishments as a prerequisite to final acceptance by the SFCURP, Inc. Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement according to the provisions of Section 7(b). The Sub- grantee (Sub'- recipient) upon Project completion shall submit a news release to local newspaper media highlighting the successes of the Project. 7. This Agreement may be terminated under any one of the following conditions: (a) By the SFCURP, Inc., unilaterally, for refusal by the Sub - grantee (Sub- recipient) to allow public access to all documents, papers, letters, or other material subject to Chapter 119, F.S. and made or received by the Sub- grantee (Sub - recipient) in conjunction with this Agreement. (b) By the SFCURP, Inc., if the Sub - grantee (Sub- recipient) fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the SFCURP, Inc. (c) By either party following sixty (60) calendar days written notice. (d) By both parties following the complete execution by both parties of an agreement to terminate this, Agreement. (e) Notice to Sub- grantee (Sub - recipient): The SFCURP, Inc. shall consider the employment by any Sub- grantee (Sub - recipient) of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement. 8. Notwithstanding any provision of this .agreement to the contrary but subject to Subparagraph 7(b), in the event this Agreement is terminated before the SFCURP, Inc. has paid the Sub - grantee (Sub - recipient) the entire Grant Amount, then the SFCURP, Inc. agrees to pay the Sub - grantee (Sub- recipient) the entire Grant amount, if the Project has been completed. If the Project has not been completed, the SFCURP, Inc. shall pay to the Sub- grantee (Sub - recipient) a percentage of the Grant amount equal to the percentage of the Project's completion. CAMy Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 2nd Edition 99 -26 - Fuchs Park Environmental Enhancement Project 3 9. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than two (2) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the SFCURP, Inca 10. As applicable under Florida Statute 768.28, the Sub- grantee (Sub- recipient) covenants and agrees that it will hold harmless the SFCURP, Inc. and all of the SFCURP, Inc.'s officers, agents and employees from any claim, action, neglect or omission by the Sub - grantee (Sub - recipient) during the performance of the Agreement, whether direct or indirect, and whether any person or property to which the SFCURP, Inc.'s or said parties may be subject, except that neither the Sub- grantee (Sub- recipient) nor any of its sub- contractors will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the SFCURP, Inc. or any of its officers, agents or employees. Notwithstanding any verbiage within this paragraph (10), the City of West Palm Beach does now wave its right to sovereign immunity as provided by Florida Stature 768.28. 11. The Sub- grantee (Sub- recipient) certifies that neither it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for participation in this grant program by any Federal department or agency. 12. This Agreement, together with any Maintenance Agreement, if executed, embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. 13. This Agreement may not be assigned or transferred by the Sub- grantee (Sub - recipient) or SFCURP, Inc., in whole or in part without the prior expressed written consent of the other party. 14. This Agreement, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall lie in Palm Beach County, Florida. 15. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: (a) If to the SFCURP, Inc., address to Russell M. Setti, SFCURP Regional Director, South Florida Community - Urban Resources Partnership, Inc., USDA Service Center, 6191 Orange Drive, Suite 6183Q, Davie, Florida 33314 or at such other address the SFCURP, Q \My Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 4 2 °d Edition 99 -26 - Fuchs Park Environmental Enhancement Project Inc. may from time to time designate by written notice to the Sub - grantee (Sub- recipient) voice: (954) 792 -1984 or fax: (954) 792 - 3996; (b) If to the Sub- grantee (Sub- recipient) addressed to: or at such other address as the Sub - grantee (Sub- recipient) from time to time designates by written notice to the SFCURP, Inc. All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed. 16. Time is of the essence of this agreement. 17. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347, Florida Statutes, and the Sub - grantee (Sub- recipient) is therefore not allowed to expend any funds received through this contract for the purpose of lobbying the Florida Legislature, the SFCURP, Inc., the Judicial Branch, or any other state agency. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.349, Florida Statutes, which are: (a) The SFCURP, Inc. and the Comptroller before disbursing any funds must independently ensure that the proposed expenditure is in accordance with all legal and regulatory requirements and that this contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the SFCURP, Inc., the Judicial Branch, or any state agency. (b) If the Sub- grantee (Sub-recipient) is a local government agency, nonprofit organization, or not- for - profit organization it shall: (I) for amounts $25,000 or less, have its head attest that it has complied with grant provisions, (ii) for amounts greater than $25,000 but not more than $100,000 have a grant- specific audit performed in accordance with the rules, of the Auditor General or have a statement prepared by an independent certified public accountant which attests that the grant provisions have been complied with,(iii) for amounts greater than $100,000, have a grant- specific audit performed in accordance with the rules of the Auditor General, and (iv) have such audits, statements, or attestations filed with the SFCURP, Inc. and the Auditor General. (c) The intent of this paragraph is to include lobbying, of applicable federal agencies. 18. If this agreement contains federal funding in excess of $100,000, the Sub - grantee (Sub - recipient) must, prior to agreement execution, complete the Certification Regarding Lobbying form. If a Disclosure of Lobbying Activities, Standard Form LLL, is required, it may be obtained from the SFCURP, Inc. All disclosure forms as required by the Certification Lobbying form must be completed and returned to the SFCURP, Inc. 19. The undersigned Sub - grantee (Sub- recipient) receiving federal financial assistance under this C:\My Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 2nd Edition 99 -26 - Fuchs Park Environmental Enhancement Project 5 agreement hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and Management Budget Circular No. A -133 - Revised June 24, 1997 (Audits of States, Local Governments, and Non -profit Organizations). Copies of the latest version of the above which would relate to the undersigned Sub- grantee (Sub - recipient) may be obtained by contacting SFCURP, Inc.: South Florida Community -Urban Resources Partnership USDA Service Center 6191 Orange Drive, Suite 6183 Q Davie, FL 33314' (Contact SFCURP, Inc. office for assistance in obtaining copies at (954) 792 -1984) If the undersigned Sub - grantee (Sub- recipient) expends $300,000 or more in federal financial assistance in a fiscal year, either directly from federal agencies or indirectly through other units of state or local governments or a combination thereof, the Sub- grantee (Sub- recipient) shall have an audit made in accordance with the Office of Management and Budget Circular No. A -133 (Audits of State, Local Governments, and Non- profit Organizations). The $300,000 threshold specified above shall be from all federal sources, not just the amount provided by this agreement. The undersigned Sub - grantee (Sub- recipient) receiving funds under this agreement hereby agrees that it will allow the SFCURP, Inc. and any federal agency to audit the Sub- grantee's (Sub'- recipient's) books for compliance with the above applicable circulars.' 20. The Sub - grantee (Sub - recipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this Project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the South Florida Community -Urban Resources Partnership grant must display a statement that the material has been prepared using South Florida Community -Urban Resources Partnership grant funds received through the Florida Department of Agriculture and Consumer Services - Division of Forestry and USDA- Forest Service. 21. The Sub - grantee (Sub - recipient) is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for aperiod of 36 months from the date of being placed on the convicted vendor list. CAMy Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 2nd Edition 99 -26 - Fuchs Park Environmental Enhancement Project P 22. The Sub - grantee (Sub - recipient) is informed that the SFCURP, Inc. shall consider the employment by a Sub- grantee (Sub- recipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be caused for unilateral cancellation of this agreement. N WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. SOUTH FLORIDA CONaV1UNITY URBAN RESOURCES PARTNERSHIP, INC. (SFCURP, INC.) BY: President SFCURP, Inc. Attest: Secretary SFCURP, Inc. City of South Miami Name of Sub- grantee (Sub- recipient) BY: Title: Witness: (SEAL) CAMy Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA doc 7 2nd Edition 99 -26 - Fuchs Park Environmental Enhancement Project EXHIBIT 2 SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP INC. (SFCURP, INC.) MAINTENANCE MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of 20 , by and between the SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP, INC., hereinafter called the "SFCURP, Inc. and City of South Miami, hereinafter called the Sub - grantee (Sub - recipient). WITNESSETH WHEREAS, the SFCURP, Inc. desires to increase the general level of knowledge of the principles of urban and community forestry enhancement of natural resources and ecosystem restoration by granting funds to the Sub- grantee (Sub - recipient) for the establishment of a demonstration tree planting Project as outlined in the South Florida Community - Urban Resources Partnership Grant Project Number 99 -26 and Grant Memorandum of Agreement (the "Grant Agreement ") attached hereto as Exhibit "1" and by reference made apart hereof, WHEREAS, the SFCURP, Inc. has awarded the Sub - grantee (Sub- recipient) a South Florida Community -Urban Resources Partnership (SFCURP) grant, more particularly set forth in the Grant Agreement; WHEREAS, the Sub- grantee (Sub- recipient) agreed in the Grant Agreement to maintain the Project (as described in the Grant Project); WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting forth the responsibilities of each party in maintaining the Project; and WHEREAS, the Sub- grantee (Sub- recipient) by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in Exhibit "I", the Grant Memorandum of Agreement, the parties covenant and agree as follows: 1. The Sub - grantee (Sub- recipient) shall maintain the Project in a responsible manner and with due care in accordance with the below listed "Project Standards" for the property at the following location: Attach Site Plan and /or Map of location (if applicable) Specifically, the Sub- grantee (Sub- recipient) accepts the below listed responsibilities and duties: (a) Proper watering and proper fertilization of all trees /plants. (b) Keeping trees /plants as free as practicable from disease and harmful insects; (c) Proper mulching of trees and/or planting beds; Keeping the premises' free of weeds; Mowing and /or cutting grasses to the proper length; CAMy Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 2nd .Edition 99 -26 - Fuchs Park Environmental Enhancement Project 0 (d) Proper pruning of all trees which includes; (i) removing dead or diseased parts of trees or (ii) pruning such parts thereof which present a hazard; (e) Removing and replacing dead or diseased trees /plants in their entirety, or removing and replacing those that fall below original Project Standards. The Sub- grantee (Sub - recipient) agrees to repair, or remove and replace at its own expense all or part of the Project that falls below Project Standards. In the event any part or parts of the Project, including all plants, must be removed and replaced for whatever reason, then they shall be replaced with the same grade, size and specification as provided in the original plans for the Project. Furthermore, the Sub- grantee (Sub- recipient) shall keep litter removed from the Project area. The above named functions to be performed by the Sub- grantee (Sub- recipient) shall be subject to periodic inspections by the SFCURP, Inc. It is the intent of the parties hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the Sub - grantee (Sub- recipient) shall be the owner of the planting and other installations included and stipulated in the grant application comprising the Project. 2. This Agreement may by terminated under any one of the following conditions: (a). By the SFCURP, Inc., if the Sub -grantee (Sub - recipient) fails to perform its duties under this Agreement or for refusal by the Sub- grantee (Sub- recipient) to allow public access to all documents, papers; letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or secured by the Sub - grantee (Sub - recipient) in conjunction with this Agreement following reasonable written notice. (b). By either party following sixty (60) calendar days written notice. (c). By both parties following the complete execution by both parties of an agreement to terminate this Agreement'. 3. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a period of three (3) years. 4. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the Sub - grantee (Sub- recipient) shall refund to the SFCURP, Inc. a pro -rated portion of the grant award based upon the following schedule: (a). If this agreement is terminated within one year of the date in Paragraph 3, 75 percent of the grant award. (b). If this agreement is terminated during the second year of this agreement, 50 percent of the grant award. (c). If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. 5. As applicable under Florida Statute 768.28, the Sub - grantee (Sub- recipient) Covenants and agrees that it shall hold harmless the SFCURP, Inc. and all of the _SFCURP, Inc.'s officers, agents and employees from any claim, action, neglect or omission by the Sub- grantee (Sub- recipient) during the performance of the Agreements, whether direct or indirect, and whether any person or property to which C: \My Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA doc 9 2n1 Edition 99 -26 - Fuchs Park Environmental Enhancement Project the SFCURP, Inc. or said parties may be subject, except that neither the Sub - grantee (Sub- recipient) nor any of its sub - contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the SFCURP, Inc. or any of its officers, agents or employees. Notwithstanding any verbiage within this paragraph (5), the City of West Palm Beach does now wave its right to sovereign immunity as provided by Florida Stature 768.28. 6. This Agreement, together with the South Florida Community -Urban Resources Partnership, Inc. Grant Memorandum of Agreement, embodies the entire agreement and understanding between the parties hereto and there are no 'other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. 7. This Agreement may not be assigned or transferred by the Sub - grantee (Sub - recipient) or SFCURP, Inc., in whole or in part without the expressed written consent of the other party. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall like in Palm Beach County, Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: (a) If to the SFCURP, Inc., addressed to Russell M. Setti, SFCURP Regional Director, USDA Service Center, 6191 Orange Drive, Rm. 6183Q, Davie, Florida 33314, Phone: (954) 792 -1984 or Fax: (954) 792 -3996 or at such other address the SFCURP, Inc. may from time to time designate by Written notice to the Sub - grantee (Sub - recipient); and (b) If to the Sub- grantee (Sub - recipient)addressed to: or at such other address as the Sub - grantee (Sub- recipient) from time to time designates by written notice to the SFCURP, Inc. All time limits provided hereunder shay. run from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed. 10. Time is of the essence of this agreement. 11. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347, Florida Statutes, and the Sub - grantee (Sub- recipient) is therefore not allowed to expend any funds received through this contract for the purpose of lobbying the Florida Legislature, the SFCURP, Inc., the Judicial Branch, or any other state agency or federal agency as it may apply. C:\My Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA doc 10 2nd Edition 99 -26 - Fuchs Park Environmental Enhancement Project This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.349, Florida Statutes, which are: (a) The SFCURP, Inc. and the Comptroller before disbursing any funds must independently ensure that the proposed expenditure is in accordance with all legal and regulatory requirements and that this contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the SFCURP, Inc., the Judicial Branch or any state agency. (b) If the Sub - grantee (Sub - recipient) is a local government agency, non- profit organization, or not- for - profit organization it shall: (I) for amounts $25,000 or less, have its head attest that it has complied with grant provisions, (ii) for amounts greater than $25,000 but not more than $100,000 have a grant- specific audit performed in accordance with the rules of the Auditor General or have a statement prepared by an independent certified public accountant which attests that the grant provisions have been complied with, (iii) for amounts greater than $100,000 have a grant- specific audit performed in accordance with the rules of the Auditor General, and (iv) have such audits, statements, or attestations filed with the SFCURP, Inc. and the Auditor General. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. SOUTH FLORIDA CONDJUNITY URBAN RESOURCES PARTNERSHIP, INC. (SFCURP,INC.) BY: President SFCURP, Inc. Attest: Secretary SFCURP, Inc. City of South Miami Name of Sub- grantee (Sub- recipient) BY: Title: Witness: (SEAL) Q \My Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 2' Edition 99 -26 - Fuchs Park Environmental Enhancement Project 11 EXHIBIT A South Florida Community -Urban Resources Partnership SUB - GRANTEE INFORMATION (Please Print or Type) Project Applicant Name: City of South Miami Project No.: 99 -26 Project Title: Fuchs Park Environmental Enhancement Project Sub - grantee Information (Local Government, Nonprofit Organization, Indian Tribe or Educational Institution): Name and Title of Contact Person: Address: City: Phone: Email: IRS FEID Number Zip: Fax: Web Address: Name of Landowner: As the duly authorized officer /representative of the Sub - grantee named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Officer/Representative: Title: Signature: Date: Please attach project description, work plan, flow chart, and related documents that will become part of this agreement. CAMy Documents \SFCURP \SFCURP Chant MOA & Grant Maintenance MOAdoc 12 2n1 Edition 99 -26 - Fuchs Park Environmental Enhancement Project EXHIBIT A GRANT PROGRAM INFORMATION Project Applicant Name: City of South Miami Project Title: Fuchs Park Environmental Enhancement Project Project No.: 99 -26 SUMMARY OF COSTS (A 50150 match on behalf of the Sub - grantee is required) Requested Grant $ I Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (I) $ Total Matching Costs (II) $ 0 Total Program Costs (III) $ Add columns I and II for total III (100 %) % Grant Request A budget, detailing all costs identified above must be attached PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable) Local Match $ II I % Local Match County Local Government Jurisdiction (County Government, Municipality, School Board District or Independent Special District): Describe the Specific Location of the Project: Who has Maintenance Responsibility for the Property ?: Is the Land Ownership Public or Private ?: Q \My Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 2nd Edition 99 -26 -Fuchs Park Environmental Enhancement Project �3 Project Title: Fuchs Park Environmental Enhancement Project Project No. 99 -26 EXHIBIT B Attach your budget or use the enclosed form. This is the type of detail required. BUDGET Please note: All Projects must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. Cost Items Quantity (9) Rate or Price ($) SFCURP 50% Share Cost ($) 50% Match Cost ($) Contractual (description) Personnel (list titles or positions) C: \My Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 14 2' Edition 99 -26 - Fuchs Park Environmental Enhancement Project EXHIBIT B Project Title: Fuchs Park Environmental Enhancement Project Project No. 99 -26 Cost Items Quantity ( #) Rate or Price ($) SFCURP 50% Share Cost ($) 50% Match Cost ($) Travel Equipment CAMy Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 99 -26 - Fuchs Park Environmental Enhancement Project r� 2" Edition 15 EXHIBIT B Project Title: Fuchs Park Environmental Enhancement Project Project No. 99 -26 Cost Items Quantity (9) Rate or Price ($) SFCURP 50% Share Cost ($) 50% Match Cost ($) Supplies* (list items) CAMy Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 2nd Edition 99 -26 - Fuchs Park Environmental Enhancement Project 16 EXHIBIT B Project Title: Fuchs Park Environmental Enhancement Project Project No. 99 -26 Cost Items Quantity (9) Rate or Price ($) SFCURP 50% 50% Match Cost Share Cost ($) ($) Operating Costs (list) Trees (list species and size) Overhead ** * * * * * * * * * * * * ** Total * Grant dollars may not be used to purchase food as supplies. ** Overhead costs up to 5% may only be used as a matching cost, grant funds may not be used for overhead costs. CAMy Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 17 2' Edition 99 -26 - Fuchs Park Environmental Enhancement Project Project Title: Fuchs Park Environmental Enhancement Project Project ID: 99 -26 A) Planting B) Mulching EXHIBIT C PLANTING AND MAINTENANCE GUIDELINES Site factors which influence long -term survivability should be considered: overhead and underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right -of -way or site improvements, size of planting space /site, etc. All planting stock must be Florida Grade 41 or better. All synthetic or non - biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must be removed from the root ball before planting. All biodegradable material should be removed from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above the soil surface where it can act as a wick and dry the surrounding soil. If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers of wire be cut and removed after the root ball is set in the planting hole. The planting hole should be at least 3 -5 times the diameter of the root ball (where possible) and the same depth as the root ball. Position the tree or palm in the center of the planting hole with the top of the root ball even with the surrounding soil surface. Backfill with soil from the planting site if it is not contaminated. All large rocks should be removed. When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated into the backfill. Rake the soil evenly around the entire planting area. Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment. Mulch an area at least three times the diameter of the root ball to a depth of 24" with wood chips, bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from the tree or palm trunk. Replenish mulch as it decomposes maintaining a 2 -4" layer over the life of the project. C:\My Documents \SFCURP \SFCURP Grant MOA & Grant Maintenance MOA.doc 18 2' Edition 99 -26 - Fuchs Park Environmental Enhancement Project ,�fi;"�T C) Staking Stake only if necessary. For example, if the tree or palm will not stand on its own due to potential vandalism or strong winds. D) Pruning E) Watering F) Fertilizins Use flexible materials such as strapping or commercially available ties that give as the tree diameter increases and as the tree moves. Biodegradable material is recommended. Do not use wire even if wire is inside rubber hose. Stakes and ties should remain on the trees no longer than one year to avoid girdling. At the time of planting only dead, damaged, rubbing or cross branches or fronds should be removed. Remove sucker sprouts from the base of the tree after planting. Corrective /structural pruning can begin approximately one year after planting. Do not remove more than 1/3 of the live crown during one growing season. Establish a regular watering schedule and follow it. Slow deep watering is recommended. Additional water may be needed during hot or dry periods. As tree or palm growth progresses, be sure to water outward (away from the trunk) to the surrounding soil area, this will promote the outward growth and spread of roots. Various species of trees or palms and/or soil types may require varied degrees of watering. Soil moisture and tree health should be monitored and irrigation adjusted accordingly. Non - irrigated sites need to be monitored more closely. Begin afertilization program within the first year of planting. Broadcast fertilizing or fertilizer plugs /stakes are recommended. Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of the tree or palm and any special nutrient requirements). If micronutrient deficiencies are suspected, have a soil test completed and supplement the fertilization program accordingly. Q \My Documents \SFCURP \SFCURP Chant MOA & Grant Maintenance MOA.doc 99 -26 - Fuchs Park Environmental Enhancement Project 19 2nd Edition .:.OUT * INCORPORATED • 1927 �+ O R X Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurr City Manager REQUEST: Date: February 20, 2001 Re: Agenda Item I Special Use Approval, Dan Marino's Shops at Sunset Place RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "DAN MARINO'S TOWN TAVERN" IN THE "SR (HD) SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICT, SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE). APPLICANT'S REQUEST: Pursuant to section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant is requesting a Special Use Approval to operate a general restaurant, "Dan Marino's Town Tavern," at the above referenced location. The proposed area of the restaurant is to be located within the Shops at Sunset Place, at the first level and will accommodate approximately two hundred patrons. A family oriented casual setting serving a variety of American style dishes. Hours of operation are anticipated to be approximately 11:30 a.m. to 1:00 a.m. Monday through Saturday and Sunday 12:00 p.m. to 11:00 p.m. The applicant intends to offer liquor, wine and - beer and provide outdoor seating. 5701 Sunset Drivel Tenant Space C18 Special use approval February 20, 2001 Page 2 of 4 STAFF ANALYSIS: The proposed use is located in the "SR" Specialty Retail district. A general restaurant is permitted with a Special Use Approval. The proposed use must meet the requirements for special uses contained under Section 20- 3.4(B)(4)(b) General Restaurant and Section 20 -5.8 Special Use Approval of the LDC. A general restaurant shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design shall provide a sit- down area for the customers. The applicants are requesting a special use permit to operate a General Restaurant, to be named Dan Marino's Town Tavern, in tenant space C18, facing Sunset Drive, directly west of the mall entrance on the first level. The proposed area of the restaurant is shown as 6,540 square feet; and it is a full service restaurant with a seating capacity for two hundred patrons. The applicant intends to have outdoor seating and offer alcoholic beverages, both requiring a separate permit. On April 1, 1997, the City Commission approved Resolution No. 64 -97- 10035, allocating the Shops at Sunset Place a total of 61,250 square feet of restaurant space. Please note, the following - table depicts the status of allocated square footage that was approved by the Planning Board and the City Commission: 5701 Sunset Drive/ Tenant Space C18 Special use approval February 20, 2001 Page 3 of 4 Current Status of Restaurants located in the Shuns at Sunset Place Name of Restaurant Square Footage Date of Planning Board Appearance Date of City Commission Hearing GameWorks 5,170 Recommendation for approval 4 /14/98 Approved 5/05/98 Swampy's Wilderness Grill 12,686 Recommendation for approval 5/12/98 Approved 6/02/98 The Country Store 8,279 Recommendation for approval 5/12/98 Approved 6/02/98 Coco Pazzo 5,785 Recommendation for approval 5/12/98 Approved 6/02/98 Johnny Rockets 2,386 Recommendation for approval 5 /26/98 Approved 6/09/98 Xando Converted to retail use Havana Republic 560 N /A- Permitted use Stir Crazy Cafe Pulled out Padarette 1,815 Recommendation for approval 8 /08/00 Approved 8/08/00 Red Bowl Fresh Grill 5,566 Recommendation for approval 12 /12/00 Approved 01/09/01 Dan Marino's Town Tavern 6,540 Recommendation for approval 01130101 Total 48,787 Area remaining for restaurant use: 12,463 sq.tt. The requested special use complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the proposed use meets the conditional requirements set forth in Section 20- 5.8 in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use, b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and, c) Complies with all other applicable Code provisions. This application does not conflict with the Comprehensive Plan. SPECIAL CONDITIONS APPLICABLE: The LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. In addition, special uses may also be required to comply with the additional requirements, which are set forth in Section 120- 3.4(B)(4)(b). In the case of a general restaurant the following supplemental requirements are listed: 5701 Sunset Drive/ Tenant Space C18 Special use approval February 20, 2001 Page 4 of 4 (i) All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind.(Note: a separate application for outdoor seating may be submitted) (ii) No services of a drive -in or of a fast food nature shall be permitted. (iii) The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this special use permit. Finally, note that the transport of garbage from the restaurant to the Shops' dumpster areas has been an issue in past applications for restaurants within the Shops at Sunset Place. The present applicant has addressed the issue by including in the application package a garbage removal plan, which is an entirely internal route within the shopping center, and should not present an incompatibility with the surrounding Sunset Drive commercial area. PLANNING BOARD RECOMMENDATION The Planning Board at its January 30, 2001 meeting recommended approval of the special use request by a vote of 7 -0. . RECOMMENDATION Approval is recommended. Attachments: Draft Resolution Application Exhibit "A" Supplement to the Letter of intent dated 1/12/2001 Letter of Intent dated 12/27/2000 Letter from Simon Property Group dated 12/26/2000 Site plan, Floor plan- proposed layout Copies of Public notices Planning Board Minutes 1 -30 -01 CS /SB /RGL/LCH DAComm Items\200 1\2-20-0 1 \Shops at Sunset Place Special Use Marino.doc 2 3 4 6 7 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT " DAN MARINO "S TOWN TAVERN" IN THE "SR (HD)," SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE, (SHOPS AT SUNSET PLACE). WHEREAS, Dan Marino's Town Tavern of Sunset, Inc. on behalf of Bakery Associates, LTD.. has submitted an application for a special use to allow a general restaurant to be located in the "SR(HD)" Specialty Retail, Hometown District Overlay zoning district specifically at 5701 Sunset Drive; and WHEREAS, a general restaurant is allowed as a special use in the SR(HD), Specialty Retail, Hometown District Overlay zoning districts subject to meeting certain conditions specified in the Land Development Code Section 20- 3.4(13)(4)(b);and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, on January 30, 2001 the Planning Board, after public hearing, voted (7 -0) to recommend approval of the special use request; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That an application for special use to allow a general restaurant "Dan Marino's Town Tavern" to be located in the "SR(HD)" Specialty Retail, Hometown District Overlay zoning district specifically at 5701 Sunset Drive is hereby approved. - -�-r. 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 (2) Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 20th, day of February, 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY DAComm Items\2001\2 -20 -01 \Special Use Marino's Resolution.doc APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu Commissioner Bethel: Commissioner Russell Commissioner Wiscombe: V City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 666-4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: t Lot(s) Block Subdivision PB Meets & Bounds: Applicant: Phone, PAN /0 A e ✓�4 _rA If ,J C F ti Representative: Organization: Address:Hql� Phone: 4 t2 %Q41q-7 r---r PL 3 i C I Property Owner: S4,, RX A<,s,c ­aTc", L-T I>, Signature: (R-z ,deaf) Mailing Address: 14C Phone: (3o516&'S-cLq82_ 6,LMz�- Arch itect/Eng ineer- R r H x7�crv," L_ n ---s i 6ij 5; X` Phone: (9!'2,)2-q7-/33-3 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: —_ Owner —Owners Representative -Contract to purchase Option to purchase 3L/Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATMALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALA 'e.'HAT APPLY: — Text Amendment to LDC —Variance ✓Lefter of intern' _Zoning Map Amendment — Zi ✓special Use. Justification; for change — PUD Approval —Special Exception Statement i hprdship — PUD Major Change —Other woof of owdershV or lette; frpm owner, Pie — Power of attorney Briefly explain application and cite specific Code sections: Contract to pbklYape Z-6--urrent survey (11 riginat sea- led and OPC 1_;� A SIT- ke;T_A,)2i\tJ i signed/1 reduced copy@ 11 "x 17") 1 i7,, yz 4)) -'15 co I pies q1 31a Plan and noor Plans TH SC c � 3 1 reduced copy, Ca 11" X 1711 Section:— Subsection: Page #: Amended Date: Mailing labels (3 sets) and map �✓Recluired Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the b94"f the applicant's Knowledge and belief. Applicant'&94' ture and title Date Upon receipt, applications and all submitted materials will be reviewed for mpliance with the Land Development Code and other applicable regu ations. Applications found not in compliance will be rejectedcaond returned to the applicant. OFFICE USE ONLY: Date Filed Date of P.B Hearing Date of Commission Petition Required Petition Accepted Method of Payment 8/2/00 7,1 1 —1177 o.Is 11 � iTV L Ti- EXHIBIT "A" A portion of Blocks i and 2 and that Street between Bl designated as Church street, known as 'North ocks 1 and 2 Red Court known as S.W. 57th Court, Carvers Subdivision according to the plat thereof as ,recorded in Plait Book 6, 2tt, rage 36, of the public as follows: Records of Dade county, Florida, being more particularly described Commence at the most Northeast eorner of Sloek 1, of said recorded plat of Carvers subdivisions 'the fallo ring tcwo (Z) courses• recorded along the East line of Lots I, 2, 3, 4 and 5 of said U1ock ,b 1) tb*nce S 04degi8min24secE, for 27.70 feet to the Point of B$ginn :7g Of the hereinafter described parcel of .land; 2) thence continue S.04degi8min24secr. for 371.04 feet to the Southeast corner of Lot 5 of said Block l; thence S,85degl6min4osecw. along the South Line of said Lot 5 fvr 20.00 feet; thence S. p4degY8minUsecE. along a line parallel with and 20.00 feet West of the East line of Lots 5, 7,' 8, 9 and 10 of said Block 1 for 250.19 feet; thence N.85deg16min07secE. along the South line of said Lot 10 for 20,00 feet to the Southeast corner of said Lot S0; thnce S.04deg18min24secE. along the Last line of Lots 11, 12, 13, 14 e and 15 of said Block 1 for 250.19 feet to the Southeast corner of said Lot 13; thence S.85degl5min34setW. along the South ' 15 for 35.00 feet; thence' S.04degt8min24secE. alon np "�'of s8id Lot with and 33.00 feet West to the East line of 'Lot 1�6 a ise id. 1, for 90.31 feet to a said. 1 point of curvature; thence Soutbwtstgrly along a circular curve concave to the 'xorthwest having •r� ra�i,�s,of 25.00'feet tt central angle of $9deg33min38sec for f p-11 arc eet to a Point of Tangency; thence S.85degi5mir,� QW, of 3�9.08 line parallel with and- 35.00 feet North of the South �3rie alop.gts 16, 19 (lying East of Lot is) sand I8 of said Block, 1 fo 90.31 feet; thence S 04degI8min24secE. along the West Tina ,of =said for 20.00 feet; thence S.85degt5min �4SecW: along ,'lie •fat 18 with and 15. 00 feet North to the South line. of said plat of parallel Subdivision for 380.25 feet to a point on the West' line of -Lour ° 13 of said Block 2; thence N.04degl8min2esecW. along the "tPSt line of said Lot. 13 for 135.00 feet to the Northwest corner of said lihi ; thence N.85degt4min32seCE. along the North line of said Lot 23 for 50.03 feet to the Northeast corner of said Lot i3; thence N.040egl8min24secW. along the West line of Lot 5 of said Block 2 for $0.06 feet to the Northwest corner of said Lot 9 of Block 2 thence S,85deg14Iain18secW. along the South line Lot 37 of said Block 2 for 550.66 feet to the southwest oorner Of Lot 1 Lot said thence N.04,deg26mfn38seoW. along the West l,inner Lots ly of 7r inclusive of said Block 2 for 325.49 feet line the Northwest hru 22 Of said Lot 22; thence N.45deg46mfn54sect along the Southerly Right -or-way line of South Dixie Highway No. (County Road as per Plat Book 6, page 36) for 357.80 feet ' l (state Road s) N.46deg42mihS8secE. along said Right --of -way line ; thence of State Road �5 (per Official Records Book 41,31, page 596 and offiC fal Retards Book 4132, Page 1 ;) for 441.65 feet; thence 5 s4ge ci&l Records for 15.50 feet to the Point of Beginning. ALSO MM AS: Page -I of 2 Lots 3, 4 and 51 tots 6 through 10, both inclusiva., lisp the EAzt 20 fast; Lots 11 through 15, both inclusive) LOt Is lyinq Wagt of Lot la, aid Lots 20 UZOU96 3Z, both in01U9iv0 and part of Lot 33 as fol2ovat - segue at the Southvtst Carnar of said Lot 331 theme& tun North 99.70 fasts thane: r= Morthsastarlyr lethal to the F.l4 C. Railway, 47.00 feet] thaucs'at right inglas to tho lest lima, r= southa"t- arty $0.00 aett thence r= sauthaast'arlyy 69420 fast to a point an the South line of. said Lot 33, which point is 100.00 feat East of the Kest lfn* CC said Ut 33= thsnca tun Vast a2oag said South lima 100000 tact to the Point of Seginningl all. in SZoek x of, CuVars Subdivis on, according to • the .plat tnareaf, as redordsd in 'plit Book 6, at Pads 36, ot;'the Palle Records Of Dada County, rlorida. AND Lots 1 through 9, both inclusivef Lots to through 13, bath inclu= siva, less the South s3 leetj and Lots 17 through 31, both ingju.., sivoI all in Block' 2 of Carvers, subdivision, acaardin, to the plat ttsersor, as xecordad in Plkt •Eoak 61 at Paga 36, of the public Records of Dads co=ty$ tlorida. . That eoxtain parcel at nand which formarty Constituted Vorth Rea Court, which is bo=d on the EastI by t4a Hest bound ins at tots 21 to 331 both inclusive, Block l os CLrvs=s Sabdivilon0 and bound ' asp the West byy the Nast boundary line of TAts 1 both inclusive, of Black 2 of Carvers subdivision? ,Rnd bound on T#la sots ; by the Northerly Uric or Sungat Drivel and basnd an the j dvtal by °tr,c , Sautherly Una of V,B. Righuay At AIX according t% tba plat of� Carvora Subdivision, as xatordad its plat Book 6, at Page 31�� dt�l2:rs„ Public Records at Daft co=ty, ?Iorida. • .. 9..,$.. 9 a Lots It 2 Ahd 33, in 216ek i,'ot Carvers Subdivision scc 9 1 tha Plat 'tharaof, as recorded in plat Back 6, at papa 36o�O=�thn'' Public Records of Dads C*%Uity, Florida, *xospt•that porn at sYia Lot 33, 81ock St dascribed as follows:.• segiri at the Southwast'Cornar of Lot 331 thanos rte 2torth 9$�.70 feat to the southsasterly line of Dixia SighVnyr tDdnca �a2ang Highvsy Lint ltortheasterly 47.00 fatty thnnoa at right ,iLQjaa to, the Highvay riot Souttioastsrly 50.o.0 feet; throe& SOUtha`a:tarly 64.90 feet to a pOiAt On the South lino of • said; Lot ss, vhich point is 100.00 tact East or the Southv"t carnsr.T thanea West 100.00' feet o tha 'Point or sagrirming{ axcapt that portion of tha above property vthiheh vex t&kan in an azlneat domain Precaeding by ar eonvayad to City of South xia*i =0r straet purposes. P2�EL� Lots ;6 and 19 ,and tat 19 lying t:gt of Lot 160 all in $ZOCk 1 0= Carvers Subdivision, according to tha plat' thexaot, asp recorded I in Plat Back 60 at hags 36, or the public Records of Dads c=ty, lZexida. . .. LESS AND EXCEPT RIGHTS- OF -WXY OF RECORD Page 2 of 2 Sent By: I- R MANAGEMENT; 941 275 3493; Jan-12-01 15:11; Page 212* Dan Marino's Town Tavern of Sunset, Inc. 4411 Cleveland Avenue Ft. Myers, FL 33901 (941) 275-6339 January 12, 2001 Re: Letter of Intent To Whom it May Concern: This shall serve as a supplement to the December 27, 2000 ULter of Intent furnished along with the Application for Special Use Permit filed on behalf of Dan Marino's Town Tavern of Sunset, Inc. ("Applicant"). Applicant's seating capacity is approximately 200 scats. The hours of operation are anticipated to be approximately 11:30 a.m. until 1.00 a-m. each day of the week except Sunday, and on Sunday 12:00 p.m. until 11:00 p.m. Applicant's business operates as a casual, American style restaurant- Attached hereto please find a copy of a menu from another Dan Marino's Town Tavern located in South Florida, which represents an example of the type of menu which will be used, and food which will beserved, at Applicant's place of business. Applicant will be filing an application for outdoor seating with the City of South Miami. In addition, applicant will be filing an application with the Division of Alcoholic Beverages and Tobacco fora 4-COP-SRX liquor license for the sale of beer wine and other alcoholic beverages, representing less than 50% of Applicant's sales. If you have any questions or comments, please contact us at the above-referenced number. Sincerely, Dan Marina's Town Tavern of Sunset, Inc, Dan Marino's Town Tavern of Sunset, Inc. 4411 Cleveland Avenue Ft. Myers, FL 33901 (941) 275 -6339 December 27, 2000 Re: Letter of Intent To Whom it May Concern: This letter of intent ( "Letter of Intent ") is being furnished along with an Application for Special Use Permit, and in compliance with Section 20 -5.8 of the Land Development Code. Please be advised that Dan Marino's Town Tavern seeks approval for the operation of a sit -down restaurant (general) facility within the center known as the Shops at Sunset Place. Enclosed please find the Application for Public Hearing Before Planning Board & City Commission, along with the required supporting materials. It is our understanding that, on December 26, 2000, the Owner of the premises provided a letter from Owner and official survey of the property, directly to the City. s If you have any questions or comments, please contact us at the above- referenced 3 number. ' a s a ! ! ! ! 21 i Sincerely, ! d T Dan Marino's Town Tavern of Sunset, Inc. By: ✓`� 9 SIMON' simply the best shopping there is Mr. Subrata Basu; AIA, AICP Assistant City Manager /Planning Director CITY OF SOUTH MIAMI Planning & Zoning Department 6130 Sunset Drive South Miami, FL, 33143 December 26, 2000 Via FAX to 305.666.4591 Reference: RESTAURANT GROSS LEASABLE AREA DAN MARINO'S TOWN TAVERN SHOPS AT SUNSET PLACE SPACE # C/ O1/ 18 SOUTH MIAMI, FLORIDA Dear Mr. Basu: Enclosed please find one copy each of the Floor Plan and Tenant Scenario Drawing for the Dan Marino's Town Tavern space. Please also accept this letter as acknowledgement of Dan Marino's Town Tavern's utilization of 6,540 square feet against the restaurant cap. Please note this space is the same space we previously planned to lease to China Grill Cafe. This square footage is a re- allocation of the China Grill Cafe commitment and does not decrease our remaining restaurant balance. Please contact me at your convenience if I can offer any additional assistance. I can be reached at the direct -dial number indicated below. I can also receive facsimile transmissions at (317) 685 -7222 and email at rhorkay @sirnon.conz. Sincerely, j;, Robert L. Horkay 7 Direct Dial (317) 263 -7916 Tenant Coordinator Copy: Matt Barger (via FAX to 330.726.2557), Lydia Gilmore (via FAX to 305.663.0167), Nick Lillo, Andy Ramker (via FAX to 727.781.2447), Tom Schneider, Rich Simeone (via FAX to 941.275.3493), Site Office (Ron Grabill, Don Lisby -- via FAX to 305.663.66 0), Tom Winterburn (via FAX to 330.726.2557), Tenant File, Central Files 115 West Washington Street Indianapolis, Indiana 46204 317.636.1600 shoos1mon.COMT., CAT'EMP \4\DANMA00LDOC y 7 "P'"'3 - __ LU ! I�u I 0 VICINITY MAP IJ I i r LEVEL 1 R , IMAXj _ I. �j �� F� SHEET 1 OF 4 U)- -1 y 17.1 LU NSES G \FOIE G. l a1 c N v, j ,_ _ `I - i r .. :-- 5--+.. i - - -- S.W.57th AVENUE (RED ROAD) -:= THE SHOPS AT SUNSET PLACE LeD: 11� PROPERTY GROUP SIMONSIMON 115 W. WASHINGTON T. PROP ERTYG RID UP INDIANAPOLIS, IN 46204 ro goo C1 -- �o. ■ u'9 , 60, 92, -. - 'co 6,540- 0 LO C -17 1,243 11.50' 19.50' C 1 6__ Ii N 1,587' ' 6.4 1.7.17 2 UP N 23.13' i - s: \ac3a\carP#W303 \\sa \0303_C18 The information in this document is confidential and a proprietary trade secret of the Simon Property Group ($PG) and may not be copied, distributed, Published or disclosed without prior written permission. The information contained herein is subject to change without written and prior notice does not constitute any contract or obligation by'SPG. It is the responsibility of the tenant or the tenant's contractor to field verify existing site conditions and dimensions. Tenant Name: Date: 03/01/9913:19 Room No. C18 Scale: 1" = 20' Leasing Agent: TISHA'ANSPACH Corp. No. 0303 - __ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miama Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC_` HEARING- FEB. 20, 2001 RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4('B)(4)(b), ETC. in the ............ XXX.X.X ..................... Court, was published in said newspaper in the issues of Feb 9,'2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been ;entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm �nsaid ' discount, rebate, com- mission or refun securing this advertise- ment for publi Jpaper. ..........,-........ `} . � Y �..:.: V* ... ......... Sworn to and subscribed before me this 9 February 2001 .... day of ................................ A.D........ MIN (SEAL) / , ,V P& �fiCLILN{JTAR SF1H. p H UARMER Octelma V. Ferbeyre personal n * NVMM CCO31158 T�F �¢�< My CvOWII9.S" EXPIRES OF Ft �..... .;.."..,�..'� .,.... S CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, February 20, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consid- er. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE LAND DE- VELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "DAN MARINO'S TOWN TAVERN" IN THE "SR (HD)" SPECIALTY RETAIL, HOME- TOWN DISTRICT OVERLAY ZONING DISTRICT, SPECIFI- CALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUN- SET PLACE). Inquiries concerning this item should be directed to the Public Works Department at: 663 -6350. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing 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 inch -des the testimony and evi- dence upon which the appeal is to be based. 2/9 01- 3- 69/133259M LL I G�, VICINITY MAP NOT TO SCALE a ti o � o IMAX f' LEVEL 1 N SHEET 1 Of 4 - - vp N C w W a �� \� j ' BgypgN fA CC 04,er -- -- -� S.W. 57th AVENUE (RED ROAD)^ THE SHOPS AT SUNSET PLACE Le el 01 g SIMON115 W. WASHINGTON ST. OUP PROPERTY GROUP INDIANAPOLIS, IN 46204 Cod r° • � �� �, i 615 4 0 0 �C 17 _ 1, 243 11.50' 19.50' C 16� N N 1,587 0-/ �� .6.4 17.17' TRASH REMOVAL AND DELIVER ROUTE 1/32" = V-0" .. - Elmo ■E■ mom Architectural z >w ¢vim, zw¢ 3 �o ZD ono Ozs Q�O z° Q F!tFl i'�i 1 SOUTH ELEVATION ❑00 MEN ®o■ Architectural Designs Lic. z x_ G: J r, M rE I F iiailllhl �� riuui," m iF Ih lil Ills 1 WEST ELEVATION L®® mom ■■m Arrhiiecimal Desians Inc. 7-11 �111 �1 0 Ji M: PRELIMINARY FLOOR PLAN Qo PRELIM __- DOCCMV fS x ^'1 NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI MIAMI DAILY BUSINESS REVIEW PLANNING AND ZONING DEPARTMENT Published Daily except Saturday, Sunday and 6130 SUNSET DRIVE; Legal Holidays SOUTH MIAMI FLORIDA 33143 Miami, Miami -Dade County, Florida. � STATE OF FLORIDA PHONE: (305) 663.6326;'FAX #e (305) 666.4591 COUNTY OF MIAMI -DADE: On Tuesday, January 30, 2001 at 7:30 P.M.,, the City of South Miami Before the undersigned authority personally appeared Planning Board will conduct Public Hearings in the Commission Cham- Sookie Williams, who on oath says that she is the Vice bers at the above address on the following: President of Legal Advertising of the Miami Daily Business (A) ITEM: 'PB -01 -001 Review Vkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miamf- Applicant: Dan Marino's Town Tavern of Sunset, Inc. Dade County, Florida; that the attached copy of advertise - Request: A RESOLUTION OF THE MAYOR AND CITY COMMIS - ment, being a Legal Advertisement of Notice in the matter of SION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b)OF , THE LAND DEVELOPMENT CODE FOR A SPECIAL CITY OF SOUTH MIAMI USE APPROVAL TO LOCATE A GENERAL RESTAU -, PUBLIC HEARING - 1/30/01 RANT "DAN MARINO'S TOWN TAVERN" IN THE "SR (A) ITEM' PB -01 -001 , ETC. (HD)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCAT- ED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET, PLACE): in the ........... XXXXX ...................... Court, (B) ITEM: PB -01 -002 was published in said newspaper in the issues of Applicant: Mayor and City Commission Jan 19, 2001 Request: AN ORDINANCE OF THE MAYOR AND CITY COMMIS - SION OF THE CITY OF SOUTH MIAMI, FLORIDA, RE- LATING TO STORAGE OF, BOATS, TRAILERS AND RECREATIONAL VEHICLES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOP - Affiant further says that the said Miami Daily Business MENT' CODE, BY REVISING, SECTION 20 -2.3 ENTI- Review is a newspaper published at Miami in said Miami - TLED "DEFINITIONS" TO PROVIDE A DEFINITION OF Dade County, Florida, and that the said newspaper has RECREATIONAL VEHICLES; AND BY REVISING.SEC heretofore been continuously published in said Miami -Dade TION 20 -3.6 L ENTITLED, 'BOATS AND TRAILERS, ', County, Florida, each day .(except Saturday, Sunday and O l Legal Holidays) and has been .entered as second class mail BY PROHIBITING STORAGE OF BOATS, I HAILERS'i matter at the post office in Miami in said Miami -Dade AND RECREATIONAL VEHICLES IN REQUIRED SET -! County fda, for a period of one year next preceding the BACK.AREAS FRONTING STREETS; BY PROHIBIT -3 first lice `on of the attached copy of advertisement; and ING OVERNIGHT PARKING OF BOATS, TRAILERS affia turth r says that she has neither paid nor promised AND RECREATIONAL VEHICLES ON PUBLIC PROP -< any erso firm or corporation any discount, rebate, com- ERTY;' AND BY PROHIBITING SLEEPING OR DWELL mis ion o refund for the purpose of securing this advertise- ING IN BOATS, TRAILERS OR RECREATIONAL VEHI- men for ublication 1 he said newspaper. CLES'PARKED WITHIN. THE CITY; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. All interested parties are urged to attend. Objections or expressions of!; S rn to and sub cribed before me this approval may be made in person at hearing or filed in writing priorto or. 1 nu 2001 at the hearing. The Planning Board reserves the right to recommend to' ay f ... <. ...... , A.D......... the City Commission whatever the board considers in the best interest for'. the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writ- • • • • • • • • • • • • • • • ing to the address indicated above (SEAL) You are hereby advised that if any person desires to appeal any decki Sookie Williams persona kt O ;o me. sion made with respect to any matter considered at this meeting or hear MARIA I. MESA fi= ing, such person will need a record of the proceedings, and for such pur- � r MY COMMISSION # CC 885640 pose may need to ensure that a verbatim record of the proceedings is EXPIRES: March 4,2W4 made, which record includes the testimony and evidence upon which the Bonded Thm Notary Public unaenxaxe appeal is to be based (F.S. 286 - 0105). Refer to hearing number when making any inquiry. 01 -3 68/126165M v CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 30, 2001 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:33 p.m. Action: The Pledge of Allegiance was recited in unison. 11. Roll Call and swearing -in Ceremony. Action: Mr. Morton performed roll call Board members present constituting a quorum: DRAFT Mr. Morton, Mr. Comendeiro, Ms. Chimelis, Ms. Gibson, Mr. Illas, Mr. Mann, Mr. Liddy. City staff present: Subrata Basu (ACM); Richard G. Lorber (Planning Director); Lourdes Cabrera - Hernandez (Planner); Sandy Youkilis (Planning Consultant), Maria M. Menendez (Board Secretary). Action: Mr. Morton performed swearing -in of all those present who would be speaking. III. Public Hearing ITEM: PB -01 -001 Applicant: Dan Marino's Town Tavern of Sunset, Inc. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "DAN MARINO'S TOWN TAVERN"' IN THE "SR (HD)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE). Planning Board Meeting January 30, 2001 Location: Dan Marino's Town Tavern — Restaurant 5701 Sunset Drive, Tenant Space C/01/18 South Miami, Florida Action: Board read the request into the record. Before opening the public hearing, Mr. Morton directed the Board to shift into the Robert Rules approach by having each member address Staff with any questions they might have. Once the public hearing was opened, Board and Staff discussed the applicant's request. Discussion centered mainly on the amount of patrons and the outdoor seating issue. Public speakers included- Mr. Andy Ranker and Mr. Rich Simeone. Motion: Ms. Chimelis moved approval, Mr. Illas seconded. Vote: Approved 7 Opposed 0 ITEM PB -01 -.002 Applicant Mayor and City Commission Request : AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STORAGE OF BOATS, TRAILERS AND RECREATIONAL VEHICLES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" TO PROVIDE A DEFINITION OF RECREATIONAL VEHICLES; AND BY REVISING SECTION 20- 3.6(L) ENTITLED, `BOATS AND TRAILERS," BY PROHIBITING STORAGE OF BOATS, TRAILERS AND RECREATIONAL VEHICLES IN REQUIRED SETBACK AREAS FRONTING STREETS; BY PROHIBITING OVERNIGHT PARKING OF BOATS, TRAILERS AND RECREATIONAL VEHICLES ON PUBLIC PROPERTY; AND BY PROHIBITING SLEEPING OR DWELLING IN BOATS, TRAILERS OR RECREATIONAL VEHICLES PARKED WITHIN THE CITY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE Action: Ms. Chimelis read the request into the record Staff explained the necessity of this ordinance in order to regulate proper parking of boats and other recreational vehicles. Planning Board Minutes 01 -30 -01 2 • • • • •:•••e • • 0*0*00 • • EME] cot) MEN 0 T • • O EME] cot) MEN 0 T /---, T • o 0, 00 oo • 0 Rnm DAN MARINO'S TOWN TAVERN *01, SHOPS AT SUNSET 5701 SUNSET SPACE C-18 SOUTH MIAMI FLORIDA 33413 J i ■ s ye•e• •e•ae • s • • o • • •••• eee•so s • • •sse ° • •o•ee• ® ® o e • s • • ME]ee• • •e •�.;..° ••R e e AN MARINO'S TOWN TAVERN • e e e Ro • SHOPS AT SUNSET 5701 SUNSET SPACE C -18 o • • s • ° • ® ' • x r-.o SOUTH MIAMI FLORIDA 33413