06-05-01MAYOR:
Julio Robaina
CITY MANAGER: Charles D. Scurr
VICE MAYOR:
Horace G. Feliu
CITY ATTORNEY: Earl G. Gallop
COMMISSIONER:
Randy G. Wiscombe
CITY CLERK: Ronetta Taylor
COMMISSIONER:
David D. Bethel
COMMISSIONER:
Mary Scott Russell
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: June 5, 2001 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: June 12, 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 "City"
action. "City" action is broadly described to include
the ranking and selection of professional consultants,
and virtually all- legislative, quasi - judicial and
administrative action. It does not apply to not -for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation
C. Pledge of Allegiance:
D. Presentation(s) (7:00 p.m.)
1. Junior Commission For Women Graduates
2. State Legislative Update - Fausto Gomez
3. Hurricane Preparedness - Assistant Chief Mills
4. Summer Intern Program - Jeanette Navarro
5. Sunday Liquor Sales - Assistant Chief Greg Feldman
REGULAR CITY COMMISSION 1
AGENDA - JUNE 5, 2001
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Regular City Commission Minutes - May 1, 2001
2. City Manager's Report
3. City Attorney's Report
CONSENT AGENDA
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
There are none
RESOLUTION(S) /PUBLIC HEARING(S)
There are none
RESOLUTION (S)
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LIENS;
PROVIDING FOR ASSIGNMENT OF CITY LIENS ON MARSHALL
WILLIAMSON APARTMENTS PROPERTY TO HABITAT FOR HUMANITY
OF GREATER MIAMI, INC.; PROVIDING AN EFFECTIVE DATE
(Vice Mayor Feliu) 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT
TO THE TEXT OF THE CITY OF SOUTH MIAMI COMPREHENSIVE
PLAN RELATED TO LAND ACQUISITION FOR PARK AND
RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND
PROTECTION OF NATIVE SPECIES, PROVIDING FOR AN
EFFECTIVE DATE. 3/5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO TRANSFER OF
PENSION FUNDS ACCOUNT FROM STATE STREET TO SALEM TRUST
COMPANY, AND APPROVING SALEM TRUST AS THE SUCCESSOR
CUSTODIAN COMPANY. 3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY ADMINISTRATION TO DISBURSE TO BAUDE
CONSTRUCTION COMPANY, INC. A SUM NOT TO EXCEED
$64,888.00 FROM ACCOUNT NUMBER 001 - 0000 -132 -2050, WHICH
REGULAR CITY COMMISSION 2
AGENDA - JUNE 5, 2001
IS ENTITLED "MURRAY PARK SURPLUS LOCAL MATCH /HOSPITAL
CONTRIBUTION" AND, PROVIDING FOR AN EFFECTIVE DATE.
3/5
B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY ADMINISTRATION TO DISBURSE TO THE
ARCHITECTURAL DESIGN CONSORTIUM, INC. A SUM NOT, TO
EXCEED $11,093.57 FROM ACCOUNT NUMBER 001- 0000 -132-
2050, WHICH IS ENTITLED - MURRAY PARK SURPLUS LOCAL
MATCH /HOSPITAL CONTRIBUTION" AND, PROVIDING FOR AN
EFFECTIVE DATE. 3/5
ORDINANCE (S) FIRST READING
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVEMENTS
AT MURRAY PARK, AUTHORIZING THE USE OF THE INTERIM LINE
OF CREDIT MADE AVAILABLE THROUGH THE FLORIDA MUNICIPAL
LOAN COUNCIL FIXED- RATE BOND POOL; AUTHORIZING THE
NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT UP TO
$600,000 FROM BANK OF AMERICA; APPROVING THE EXECUTION
AND DELIVERY OF A LOAN AGREEMENT THROUGH THE FLORIDA
MUNICIPAL LOAN COUNCIL PROGRAM; APPROVING THE EXECUTION
AND DELIVERY OF A DISCLOSURE AGREEMENT AND ALL OTHER
NECESSARY DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE
DATE 3/5
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. ff
PUBLIC REMARKS
COMMISSION REMARKS
REGULAR CITY COMMISSION 3
AGENDA - JUNE 5, 2001
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 4
AGENDA - JUNE 5, 2001
TO: Mayor and City Commission
FROM: Charles Scurr,
City Manager
DATE: May 31, 2001
SUBJECT: Sale of Alcoholic Beverages on Sunday
In reference to inquiry and for discussion purposes, below is a comparison of sale of
alcoholic beverage laws from Coral Gables, Miami -Dade County and South Miami.
Package sales Liquor Stores (Consumed off premises)
Coral Gables — after 1:00 PM
MDC - none
South Miami — after 1:00 PM
Restaurant sales (Consumed on premises)
Coral Gables- after 7:00 AM
MDC — after 10:00 AM for beer, after 1:00 PM for all other alcoholic beverages
South Miami — after 1:00 PM
Supermarkets — (Consumed off premises)
Coral Gables — after 1 :00 PM
MDC — normal hours of operation
South Miami — after 1:00 PM
Bars _ (Consumed on premises)
Coral Gables after 7:00 AM
MDC -after 5:00 PM for everything other than beer, which may be sold after 10:00 AM
South Miami =after 1:00 PM
The above is submitted for your information and consideration.
..ter►
CITY OF SOUTH MIAMI
QINTER - OFFICE MEMORANDUM
To: Mayor and City Comm'n. Date: May 11, 2001
Charles Scurf, City Manager
Greg Oravec, CRA Director '
From: Earl G. Gallop, City Attorney Re: Resolution Assigning Liens on
Marshall Williamson Apt. Property
to Habit for Humanity
(Sponsored by Vice -mayor Feliu)
Subject: A resolution approving the assignment of City code enforcement liens on the
Marshall Williamson Apartment Property to Habitat for Humanity of Greater Miami, Inc..
Discussion: The property is located between S.W. 61St Avenue, S.W. 66th Street and S.W.
62"d Avenue. Many years ago, the owners granted a 99 -year lease to a corporation to
construct and operate apartments. The property was heavily mortgaged. The building
became a slum. Eventually, it was declared an unsafe structure. The City spent
approximately $24,000 to demolish the building. The money spent by the City, as well as
numerous code violation fines, has a current value in excess of $100,000. There were many
other liens on the property that are held by private persons or entities. In 1997, the City
initiated a long and complicated foreclosure action to wipe out the inferior liens. The
inferior liens have been extinguished. The litigation is almost completed. During the
litigation, three commercial lenders assigned their liens to Habitat. The City and Habitat
agreed, according to controlling principles of Florida law, that the commercial liens are
superior to the City's liens because the commercial liens were recorded first.
Habitat would like to acquire the property to build affordable single family homes. Members
of the past and the present city commission have expressed an interest to assist Habitat in
constructing affordable housing on the property. The CRA governing board is considering
granting Habitat $20,000 per home for each home to be constructed on the property.
Several years ago, Mr. Lee Perry paid the annual ad valorem tax on the property. The cost to
him was between $6,000 and $8,000. Representatives of Habitat have stated that it will
reimburse Mr. Perry for the amount he paid for the taxes.
Mayor and City Comm'n
Charles Scurr, City Manager
Greg Oravek, CRA Director
May 10, 2001
Page 2 of 2
Vice -mayor Feliu suggests that the assignment of the City's `interest in the property be
conditioned on an agreement by Habitat that it will commence construction on at least one
home on the property within one year. He further suggests that the homes be designed with
architectural enhancements, as approved by the CRA governing board with the advice of the
CRA Advisory Board. The CRA is considering granting Habitat $20,000 for each home to
be constructed on the property. The grant agreement can provide for the requirement to
design the homes with architectural enhancements. The resolution makes the delivery of
release of liens dependent on Habitat entering into the grant agreement with the CRA.
Recommendation: Approval of the resolution.
\\Dell_6100 \Documents \City of South Miami \0022 - 001 \9766.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
LIENS; PROVIDING FOR ASSIGNMENT OF CITY LIENS ON
MARSHALL WILLIAMSON APARTMENTS PROPERTY TO
HABITAT FOR HUMANITY OF GREATER MIAMI, INC.;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami holds liens valued in excess of
$100,000 on property commonly known as the Marshall Williamson Apartment
Property; and,
WHEREAS, the property is located between S.W. 61St Avenue, S.W. 66th
Street and S.W. 62nd Avenue, and,
WHEREAS, the City has initiated a lien foreclosure action styled, City of
South Miami v. Williamson, et al., Case No. 97- 6837 -CA -03 (Fla. 1 I" Cir. Ct.
1997), and the litigation is almost complete; and,
WHEREAS, Habitat for Humanity of Greater Miami, Inc. has received
assignments of liens on the property from three commercial lenders and the liens
will survive the City's lien foreclosure action; and,
WHEREAS, the Mayor and City Commission desire to increase the supply
of affordable housing in the City and Habitat for Humanity of Greater Miami, Inc.
desires to construct single family; residences on the property; and,
WHEREAS, to accomplish the objective of increasing the supply of
affordable housing, the city commission is willing to assign its liens to Habitat on
the conditions that: (1) Habitat commence construction on at least one home on
the property within one year, and complete construction of all the homes within
two years, from the effective date of this resolution; and (2) the homes be designed
with architectural enhancements, as approved by the CRA governing board with
the advice of the CRA Advisory Board.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Additions shown by underlining and deletions shown by evetstfiking.
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Section 1. The City Attorney is authorized and directed to effect the
assignment of the City's liens on the Marshall Williamson Apartment Property to
Habitat for Humanity of Greater Miami, Inc. To accomplish this direction, the
City Attorney shall prepare an Assignment of Liens which shall be delivered to
Habitat only upon Habitat entering into a grant agreement with the South Miami
Community Redevelopment Agency providing that (1) Habitat shall commence
construction on at least one home on the property within one year, and shall
complete construction of all the homes within two years, from the effective date of
the agreement; and (2) the homes shall be designed with architectural
enhancements, as approved by the CRA governing board with the advice of the
CRA Advisory Board. The City Manager and the City Attorney shall cooperate
with Habitat in the execution of any documents necessary to complete this
assignment. The City Attorney shall assist counsel for Habitat, to the extent
necessary, in concluding the foreclosure litigation.
Section 2. A copy of this resolution shall be transmitted by the City
Clerk to the City of South Miami Community Redevelopment Agency and the
Code Enforcement Board.
Section 3. This resolution shall take effect immediately upon approval
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of May, 2001.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
\ \Dell_6100 \Documents \City of South Miami \0022 - 001 \9764.doc
Additions shown by underlining and deletions shown by everArik-ing.
Page 2 of 2
DRAFT-5/17/01
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY AND
HABITAT FOR HUMANITY OF GREATER MIAMI, INC. FOR
COMMUNITY REDEVELOPMENT AGENCY GRANT FUNDING
THIS GRANT AGREEMENT ( "Agreement ") is entered into this day of June, 2001
between Habitat for Humanity of Greater Miami, Inc., a Florida not - for - profit corporation
(Contractor) whose address is: P.O. Box 560994, Miami Florida and the City of South Miami
Community Redevelopment Agency (Agency), whose address is 6130 Sunset Drive, South
Miami, Florida 33143.
WITNESSETH:
WHEREAS, the Agency has allocated Community Redevelopment Grant Funds
designed to encourage the construction of infill housing and provide financial assistance to
qualified individuals in order to provide single family owner occupied new homes in the
Agency's Redevelopment Area (the Project); and
WHEREAS, the Agency and Contractor have agreed to perform the Project in
accordance with the Agency's specifications; and
WHEREAS, it is acknowledged and agreed between the Agency and the Contractor that
the funds to be provided derive from tax increment funds appropriated by the Agency for the
uses and purposes referred to in this Agreement; and
WHEREAS, in connection with the performance of this Agreement, the parties have
agreed to comply with all applicable provisions of Federal, State and local laws, statutes, rules
and regulations as they may apply to this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and in consideration of
the grant monies which are to be paid by Agency, the receipt and sufficiency of which are
acknowledged, the parties agree as follows:
Section 1. The following documents shall comprise the Agreement between the parties
and shall constitute collectively the "Contract Documents ":
a) This Agreement (and all attachments).
b) Building Specifications (Exhibit 1).
Section 2. The Agency agrees to provide to the Contractor funds in an amount up to
Twenty Thousand ($20,000) per single family home, up to the total amount of $120,000 for the
Project (Project Funds). The Project Funds shall be disbursed by the Agency to Contractor
pursuant to Exhibit A. The Contractor agrees to provide up to six (6) newly constructed, single
family owner occupied homes, each home to be constructed on the "Marshall Williamson
Property" as identified in Exhibit B. Any material variation by Contractor from constructing
homes on the property identified in Exhibit B shall require written approval of the Agency.
The Agency shall pay Contractor towards the completion of each of the homes to be
constructed, pursuant to the Construction Timetable and Project Funding Schedule on Exhibit C.
Failure of Contractor to meet any deadlines set forth in Exhibit C shall result in the Agency
withholding all further funding for the specific home under construction.
Section 3. This Agreement shall terminate one year from the execution date. Upon the
expiration of this Agreement, the Contractor shall return to the Agency any Project Funds
delivered to Contractor which have not been used in connection with the construction of the
Project.
Section 4. The Project shall be performed in accordance with the applicable codes,
ordinances and statutes of the State of Florida, the City of South Miami and Miami -Dade
County.
Section 5. Any amendments, alterations, or variations to this Agreement will only be
valid when they have been reduced to writing and duly signed by the parties.
Section 6. In addition to the Agency's provision of up to $20,000 per home, the Agency
also expresses its willingness to request that the City of South Miami forgive liens held by the
City on the Marshall Williamson Property, located at 6580 S.W. 60`x' Avenue, South Miami.
Section 7, In return for the Agency contribution of $20,000 per house and its best efforts
to request that the City of South Miami forgive and release the above - mentioned liens, the
Contractor agrees to build architecturally enhanced projects, plans for which shall be subject to
the approval of the SMCRA, after recommendation by the SMCRA Advisory Board, as reflected
on Exhibit 1.
Section 8. The Agency desires to enter into this agreement only if in so doing the
Agency can place a limit on the Agency's liability for any cause of action arising out of this
agreement, so that its liability never exceeds its maximum potential monetary contribution of
$120,000. The Contractor expresses its willingness to enter into this Agreement with recovery
from the Agency for any action arising out of this Agreement to be limited to a maximum
amount of One Hundred Twenty Thousand Dollars ($120,000). Accordingly, the Contractor
agrees that the Agency shall not be liable for any claim or damage in connection with the Project
in excess of the Agency's maximum potential monetary contribution of $120,000 under the
Agreement, for any action or claim arising out of this Agreement. Nothing contained in this
paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation
placed on the Agency's liability as set forth in Chapter 768, Florida Statutes. Additionally, the
Agency does not waive sovereign immunity, and no claim or award against the City shall include
attorney's fees, investigative costs or pre- judgment interest.
Section 9. After any payment is made by the Agency and applied according to the
requirements set forth, the Agency shall be automatically discharged from any and all
obligations, liabilities and commitments to Contractor or any third person or entity provided,
however, that this Section shall not excuse the continued compliance by Contractor with the
terms of this Agreement and the program requirements.
Section 10. The Agency may withhold, in whole or in part, final payment or any
progress payment to such extent as may be necessary to protect itself from loss on account of
matters including but not limited to the following:
a) Claims of lien against the Contractor regarding the Project, provided such liens
are not bonded off as allowed by law.
b) Failure of the Contractor to make payment(s) to subcontractors or suppliers for
materials or labor regarding the Project.
c) Reasonable evidence that any portion of the Project cannot be completed for
the unpaid balance of the agreed compensation..
d) Failure to carry out any portion of the Project in accordance with the Contract
Documents.
e) Failure by Contractor to complete all homes on Attachment "A" and receive
final certificates of occupancy within twelve (12) months of the execution of
this Agreement.
Section 11. In the event of a termination by the Agency, the Agency shall additionally
be entitled to bring any and all legal and /or equitable actions in Miami -Dade County, Florida, in
order to enforce the Agency's right and remedies against the Contractor. The Agency shall be
entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and
appellate levels, to the extent allowed by law. In the event any suit or legal proceeding is
brought for the enforcement of any provision of this Agreement, the parties agree that the
prevailing party or parties shall be entitled to recover from the other party or parties upon final
judgment reasonable attorneys' fees, including attorneys' fees for any appeal, and costs incurred
in bringing the suit or proceeding.
Section 12. Contractor agrees to use best efforts to complete the Project within twelve
(12) months of the date of this Agreement. In the event the Project is not completed within this
time frame, and this Agreement is not extended accordingly, this Agreement shall terminate and
all Project Funds not granted to Contractor by Agency shall remain in the custody and control of
Agency, and all unexpended Agency funds in the possession of Contractor shall be returned to
the Agency.
Section 13. All notices, demands, correspondence and communications between the
Agency and Contractor shall be deemed sufficiently given under the terms of this Agreement if
dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
If to the Agency: Executive Director
South Miami Community Redevelopment Agency
6130 Sunset Drive
Miami, Florida 33143
If to Contractor: Habitat for Humanity of Greater Miami, Inc.
P.O. Box 560994
Miami, FL 33156
Section 14. It is agreed that Contractor will require any buyer to record a purchase
money mortgage and shared- appreciation mortgage loan note satisfactory to the Contractor and
Agency and enforceable by the Contractor and Agency, which will require that if any home
listed on Attachment "A" is sold all such new purchasers and occupants shall satisfy the
standards for ownership or occupancy adopted by the Contractor for the development of homes
in the adopted Redevelopment Plan for the Community Redevelopment Area.
Section 15. The Contractor agrees to maintain books, records, documents and other
evidence pertaining to all costs and expenses incurred and revenues acquired under this
Agreement to the extent and in such detail as required by the Agency. The books and accounts,
files and other records of the Contractor, which are applicable to this Agreement, shall be
available for inspection, review and audit by the Agency and its representatives to determine the
proper application and use of all funds paid to or for the account or the benefit of the Contractor.
Section 16. Contractor shall indemnify, defend, save and hold harmless the Agency, its
officers, agents and employees, from or on account of all claims, damages, losses, liabilities and
expenses, direct, indirect or consequential including, but not limited to, fees and charges of
purchasers, engineers, architects, attorneys, consultants and other professionals and court costs
arising out of or in consequence of the performance of this Agreement at all trial and appellate
levels. - Indemnification shall specifically include, but not limited to, claims, damages, losses,
liabilities, and expenses arising out of or from (a) the negligent or defective design of the Project
and work of the Contractor; (b) any negligent act or omission of the Contractor, its
subcontractors, agents servants or employees, (c) any damages, liabilities, or losses received or
sustained by any person or persons during or on account of any negligent operations by
Contractor connected with the construction of this Project; (d) the use of any improper materials;
(e) any construction defect including both patent and latent defects; (f) failure to timely complete
the work; (g) the violation of any federal, state, or county or city laws, ordinances or regulations
by Contractor, its subcontractors, agents, servants, independent contractors or employees; (h) the
breach or alleged breach by Contractor of any term of this Agreement.
Section 17. Neither party shall assign its interest in this Agreement without express
written consent of the other party. Any violation of this provision shall constitute a default in the
4
Agreement.
IN WITNESS WHEREOF, the Agency and Contractor have caused this Agreement to
be executed the day and year first above written.
WITNESS:
Name:
Name:
APPROVED AS TO FORM:
General Counsel
CONTRACTOR:
HABITAT FOR HUMANITY OF GREATER MIAMI, INC.
Name:
Title:
AGENT:
SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY
LE
Name:
Title: Executive Director
5
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INCORPORATED
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Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Charles Scurr JC4�0
City Manage
REQUEST:
Date: June 5, 2001
Re: Agenda Item
Initiation of Comp Plan Text Amendment
Conservation/Recreation & Open Space
To Help Application for Grants /Funding'
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE TEXT OF THE
CITY OF SOUTH MIAMI COMPREHENSIVE PLAN RELATED TO LAND
ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS AND
TRAILS, AND PROTECTION OF NATIVE SPECIES, PROVIDING FOR AN
EFFECTIVE DATE.
BACKGROUND & ANALYSIS
The City has been applying for grants to assist in the funding of acquisition costs for the
"Hammock House" park facility. One of the grant applications is to the Florida Communities
Trust (FCT), an important land acquisition program administered by the Florida Department of
Community Affairs. The application to the FCT is a competitive application, with many
municipalities throughout the State competing for a limited amount of funding each year.
Each FCT application is scored according to several criteria. Cities can score up to 50 additional
points on the application by having certain goals, objectives and policies in place within their
Comprehensive Plans. These policies encourage cities to seek funding for conservation,
recreation and open space purposes, to cooperate with other agencies in the funding of such
facilities, to preserve and protect native species, and to encourage the creation of greenways and
trails.
The Administration believes that an amendment to the text of the City of South Miami
Comprehensive Plan, adding and improving the appropriate objectives and policies, would help
the City to score much higher on these competitive applications. The proposed policies would be
of an advisory nature, encouraging the City to acquire recreation and open space facilities in
future, but not mandating or requiring specific action.
Initiation of Comp Plan Text Amendment
Conservation/Recreation & Open Space
June 5, 2001
Page 2
RECOMMENDATION
Approve the Resolution.
Attachments:
Resolution
Florida Communities Trust Application Material
a
CS /RGL
K: \Comm Items \2001 \6 -05 -01 \Comp plan text amend. initiation report.doc
(3) COMMUNITY PLANNING SECTION
(a) Comprehensive Plan Implementation
For each of the following criteria that are furthered by the local comprehensive plan, cite no more than five (5)
relevant objectives or policies In each response. If the response to a criterion is 'No" move to the next question.
If the response to a criterion is "Yes" cite the objective or policy number and paraphrase the plan directive, provide a
brief discussion of how acquiring the site will further the cited objective or policy and include a copy of the objective or
policy in Exhibit A. If a copy of the entire objective or policy that is cited in response to a criterion is not included in
Exhibit A or amendments are not provided in Exhibit B, that objective or policy will not be evaluated and points will
not be awarded. If a criterion addresses specific resources or facilities, these must be present on the project site in
order for points to be awarded.
If the project site is located entirely in one local government jurisdiction, the local comprehensive plan of the
jurisdiction within which the project site is located shall be evaluated for scoring purposes. If the project site is located
in two or more jurisdictions, the local comprehensive plan of each jurisdiction shall be compared for compatibility and
evaluated for scoring purposes.
1. Will the project provide acreage or outdoor recreational facilities necessary to maintain or Yes No
improve adopted levels of service standards established in the comprehensive plan for
outdoor recreation? (5 points)
Numeric citation and summary of objective4 or policies:
Summary of how the projecrt rthers the objectives or policies:
Page 11
2. Will the project further comprehensive plan directives that ensure acquisition of naturaj areas
or open space rthrougli public' 'acquisitions r . `' "(5 points)
Numeric citation anar sumrriary of objectives or pohcoes
Summary of how the project furthers the objectives or policies:
3. Will the project further comprehensive plan directives 'to provide new or enhanced public Yes = No'- 1
access to water bodies and saltwater beaches? (5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
4. Will the project further future land use designations or comprehensive plan directives that Yes No
provide for creating new or enhanced greenways or recreational trail systems? (5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
5. Will the project further comprehensive plan directives that ensure the preservation of natural Yes No
communities or listed animal species habitat? (5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
b. Will the project further comprehensive plan directives that provide for coordination among Yes No
federal, state and local agencies or nonprofit organizations acquiring or managing natural
areas or open space for.outdoor recreation? (5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
7. Will the project further comprehensive plan directives to restore or enhance degraded natural Yes No
areas such as, restoration of natural communities, restorationof natural hydrology or removal
of non - native vegetation? (5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
-
rm (Effective Page 12
8. Will the project: further.comprehensive plan directives that ensure the protection or
enhancement of surface or groundwater quality? f (5 points)
„
Yes
No
�t
;, i .Qx :S? Y4 711fi,+jts�r:
� _< ...�Yy,�� � .� ,';,?ant .-'=': '' .:�_ -: ', ' + r •- <. ' -�— '.�' =�� w,
: ''-'. -
enc citation and summary,ofob�ectwes or pohc,es:
Num�
Summary of how the project furthers the objectives or policies:
9. Will the project further comprehensive plan directives that ensure the preservation of
-Yes No
historical, cultural or archaeological features? Note: The site must contain a feature or have
a high probability that a feature is present on the site. (5 points)
Numeric citation -and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
10,, Mll the project further comprehensive plan directives that direct development to a locally Yes No
designated urban infill, urban redevelopment or downtown revitalization area? (5 poirits)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
TO: Mayor and City Commission DATE: June 5, 2001
FROM: Charles D. Scurr
City Manager Re: AGENDA ITEM #
Transfer of Pension Funds from State Street
Bank to Salem Trust Company
The Request
The attached resolution seeks the City Commission's authorization to award the contract for
custodial services of the Pension Fund to Salem Trust Company.
Background and Analysis
Currently, the Pension Funds are being managed by INVESCO Capital Management, and State
Street Bank serves as custodian of the trust funds. Due to a recent merger between State Street
and another bank, their service fees have increased making them non - competitive.
In an effort to find another bank to provide custodial services for the trust funds, the City
Administration solicited bids from three different companies, but received responses from two of
the companies namely:
Fiduciary Trust
Salem Trust Company
The financial status and operations of the companies were reviewed by the Pension Board
members and Pension Attorney, and they concur with the Investment Manager's
recommendation that Salem Trust Company be awarded the contract.
RECOMMENDATION
I recommend approval.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO TRANSFER OF PENSION FUNDS ACCOUNT FROM
STATE STREET TO SALEM TRUST COMPANY, AND APPROVING SALEM TRUST AS
THE SUCCESSOR CUSTODIAN COMPANY.
WHEREAS, the City of South Miami employee pension funds are currently managed by
INVESCO Capital Management, and State Street Bank serves as custodian of the trust funds; and
WHEREAS, because of recent merger between State Street and another bank, their service
fees were increased making them non - competitive; and
WHEREAS, in an effort to find another bank to provide custodial services for the trust
funds, the City Administration solicited bids from three different companies, but received responses
from two of the companies namely:
Fiduciary Trust, and
Salem Trust Company.
WHEREAS, the financial, status and operations of the companies were reviewed by the
Pension Board members and Pension Attorney, and they concur with the Investment Manager's
recommendation that Salem Trust Company be awarded the contract.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. the City Manager is authorized to advise INVESCO Capital Management to transfer
City of South Miami employee pension funds from STATE STREET BANK to SALEM TRUST
COMPANY.
Section 2. effective immediately, Salem Trust Company will serve as the custodian to the trust
funds in accordance with the terms and conditions of the City pension plan.
Section 3. this resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of June 2001.
APPROVED:
MAYOR
CUSTODY AGREEMENT
This Agreement entered into this day of , 2001, is made
by and between The City of South Miami General Employees' and Police Officers'
Retirement Plan (the "Client'') and Salem Trust Company ( "STC ") and is effective as of
. 2001.
WHEREAS the City of South Miami, Florida, has established The City of South
Miami General Employees' and Police Officers' Retirement Plan (the "Account''); and
WHEREAS, the Client desires to appoint STC as the custodian of the assets of
the Account delivered to STC (the "Custodial Account "); and
WHEREAS, STC is willing to accept its appointment as custodian in accordance
with the terms of this Agreement; and
WHEREAS, the Client represents that it has all requisite authority to enter into
this Agreement, and the Client represents that all actions required for the execution of
this Agreement by the Client and the appointment of STC have been duly taken.
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the Client and STC hereby agree as follows:
t 1. CUSTODIAL ACCOUNT: The Custodial Account shall consist of cash, cash
equivalents, stocks, bonds, and other securities and property, together with the income
therefrom, designated by the Client and delivered to STC, which are subject to this
Agreement. STC hereby acknowledges that it is a fiduciary with respect to the
Custodial Account to the extent required by applicable law.
2. APPOINTMENT OF STC: The Client hereby appoints STC as the custodian
of the Custodial Account and STC hereby accepts such appointment and agrees to
carry out the Client's directions regarding the investment and reinvestment of assets of
the Custodial Account and other matters involving the Custodial Account.
3. DUTIES: STC agrees to (a) hold and safely keep the assets of the Custodial
Account; (b) collect the income, interest and dividends paid in cash or in -kind on the
assets of the Custodial Account and credit the same to the Custodial Account; (c) keep
accurate records of all receipts and disbursements; and (d) advise the Client of all
maturities, redemptions, exchanges, tenders and shareholder options. Notwithstanding
any other provision contained herein, the duties of STC shall be limited to those
expressly imposed upon it by this Agreement.
4. INVESTMENT OF CUSTODIAL ACCOUNT: STC will carry out the timely
instructions of the Client, or its Authorized Agent that has been designated in writing as
specified in Paragraph 14 herein, which are in writing and received by STC, regarding
-.1f lI investments, the purchase, sale or exchange of any securities or other property held
Page 1
under the Agreement if marketable. STC is authorized to use, for the purchase of any
security or property, any uninvested funds held under this Agreement or any other
funds made available for such purpose by or on behalf of the Client. If so directed by
the Client, STC will utilize its cash management (sweep) service for the Custodial
Account. STC will have no liability for uninvested cash balances where STC does not
have good funds or the reasons for the uninvested cash balances are beyond the
control of STC. STC shall have no responsibility with regard to the merit or soundness
of any investment and STC shall have no obligation to give the Client any investment
advice or to review the investments in the Custodial Account. STC will have no liability
for acting in good faith upon any instructions, including oral instructions by phone or
otherwise, that Bank reasonably believes to have been given by someone who has
been authorized in writing to act on the Client's behalf. STC will be liable only for
actual damages arising from any negligent acts or omissions in the performance of
STC's duties hereunder.
5. VOTING: At the written direction of the Client, or his authorized
representative STC will vote in the specified manner instructed by the client or
designee, any shares of stock held in the Custodial Account at any time and exercise
by general or limited proxy, any right appurtenant to any securities held in the Custodial
Account at any time. Absent such written direction, STC shall not have any
responsibility for voting such shares or exercising any right appurtenant to any
securities held in the Custodial Account.
6. REGISTRATION: STC will register any securities and other assets of the
Custodial Account in its nominee name, including the nominee name of any of! its
affiliates or subsidiaries, or in any form permitting title to pass by delivery, provided that
the records of STC clearly indicate ownership of the Custodial Account for the Client.
7. STATEMENTS: STC will furnish statements of transactions and assets to the
Client either monthly or quarterly at the Client's election. The Client acknowledges that
it has the right to receive written notification of all securities transactions within five
business days of the later of (1) the date of the transaction or (2) the,receipt by STC of
a Broker /Dealer's confirmation of the transaction. The Client expressly waives this right
and agrees that STC does not need to provide confirmations of purchases and sales of
securities other than by reporting them in STC's regular statements.
8. DISTRIBUTIONS TO PARTICIPANTS: All requests for distributions to
participants will be directed to STC in writing and signed by the Client indicating the
amount, method, and time of payment; vested interest; date of participation; date of
termination; social security number; last known address; and any other information
necessary for STC to carry out its responsibilities under applicable state and federal
laws. STC shall be fully protected against any Liability or responsibility in relying and
acting upon such written direction.
Page 2
9. WITHDRAWAL AND TERMINATION: The Client may withdraw any or all of
the property held in the Custodial Account and either party hereto may terminate this
Agreement upon receipt by the other party of written notice of such withdrawal or
termination, at least 30 days before its effective date. The 30 day period may be
waived with the consent of both the Client and STC.
10. AMENDMENT AND MODIFICATION: This Agreement may be amended at
any time by a written agreement between STC and the Client.
11. AGENTS AND COUNSEL: With prior written approval of the Client, STC
shall be entitled to employ suitable agents and counsel and to pay their reasonable
expenses and compensation from the Custodial Account or otherwise. Such agent or
counsel may or may not be agent or counsel for the Client. Any such expenses shall
be paid from the Custodial Account unless paid by the Client.
12. INDEMNITY: STC shall be responsible for any liability arising out of this
Agreement that is caused by STC's own negligence or willful misconduct. STC may
rely upon and shall be protected in acting upon any written direction from the Client or
any other written notice, request, consent, certificate, or other instrument reasonably
believed by STC to be genuine and to have been properly executed. STC shall not be
obligated to defend or engage in any suit with respect to the Custodial Account unless
STC shall first have agreed in writing to do so and it shall have been fully indemnified
to its satisfaction.
13. FEES AND EXPENSES: STC shall be entitled to fees for its services as
described on Exhibit A attached. With prior board approval, these fees may be directly
debited from the trust account. In addition, STC shall be reimbursed for any
reasonable expenses, including counsel and agent expenses and compensation,
incurred by it as custodian. Such fees or expenses will be charged to the Client or
against the Custodial Account if necessary and continue tote a liability until paid.
14. AUTHORIZED AGENTS: The Client may designate one or more agents or
other individuals who may give instructions to STC regarding the Custodial Account,
and to change authorized agents or add additional agents by written notice to STC.
Exhibit B, executed by the Client and attached hereto, is a list of individuals, and their
specimen signatures, who are authorized to act on behalf of the Client. The Client shall
promptly notify STC in writing of any change to the list of authorized agents or
individuals. STC shall be fully protected in relying on the direction from any authorized
agent or individual until it receives written notice otherwise.
15. SEPARABILITY: If any provision of this Agreement is held to be illegal,
invalid or unenforceable under present or future law, such provision shall be fully
separable and this Agreement shall be construed and enforced as if such illegal, invalid
or unenforceable provision is not a part of this Agreement. In that instance, the
remaining provisions of this Agreement shall remain in full force and effect and shall
Page 3
not be affected by the illegal, invalid or unenforceable provision or its severance from
this Agreement.
16. GOVERNING LAWN This Agreement shall be construed in accordance with
the laws of the State of Florida, and the venue shall be Broward County.
17. LEGAL FEES: Should a conflict arise that results in legal action, the
prevailing party shall be entitled to recover all reasonable attorney fees and expenses
related to such legal action.
18. HEADINGS: The headings in this Agreement are provided for convenience
purposes only. They shall not be binding in the interpretation or construction of this
Agreement.
19. COUNTERPARTS: This Agreement may be executed in two or more
counterparts, each one of which shall be deemed to be an original.
20. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement of
the parties with respect to the management of the Custodial Account.
21. NOTICES: Any notices or communications which either party hereto may be
required or permitted to make to the other shall be in writing and shall be delivered, to
the other party at the address set forth below.
If to the Client:
Page 4
If to Salem Trust Company:
Senior Trust Officer
455 Fairway Drive, Suite 103
Deerfield Beach, FL 33441
22. SPECIAL INSTRUCTIONS:
IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and
year first above written:
WITNESS TO CLIENT: CLIENT:
BY:
TITLE:
Client's Tax Identification Number:
SALEM TRUST COMPANY
WITNESS TO STC:
BY:
TITLE:
Page 5
Exhibit B
Signature Authorization
To Custody Agreement Between
The City of South Miami General Employees' and Police Officers' Retirement Plan
and
Salem Trust Company
Account Numbers:
AUTHORIZATION: The following are the names and specimen signatures of the individuals
authorized to execute and direct Salem Trust Company.
Salem Trust Company will rely on the following individuals for all direction until notified otherwise:
PRINTED NAME SIGNATURE
Number of Signatures Required:
1, , as , certify that the above
individuals are authorized to direct Salem Trust Company under the terms of the current -
agreement.
Dated this day of , 20
(Signature)
s=
Exhibit A
Fee Schedule
To Custody Agreement Between
The City of South Miami General Employees' and Police Officers' Retirement Plan
and
Salem Trust Company
A fee calculated at the rate of 6 basis points (.0006) per year applied to the market
value of the assets in the account will be charged for custody and payment services
This fee covers custody and safekeeping of assets, the settlement of security
purchases and sales and the accompanying receipt and delivery of assets, the
collection of income, the processing of corporate actions, the delivery of monthly
statements, the daily sweep of cash balances into a money market account,
distributions of funds as directed by the Client, and on -line access to account
information. This fee covers domestic securities and ADR's, and includes activity for
one investment manager. There is a minimum annual fee of $5,000.00.
Fees will not increase for at least two years from the effective date of this agreement.
Fees are calculated and are payable quarterly.
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: June 1, 2001
Agenda Item #
From: Charles D. Scurr Re: Comm. Mtg. 06/0 /2001
City Manager Additional compensation for
9400� Baude Construction Company, Inc./
Multipurpose Center Phase 1
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE TO BAUDE CONSTRUCTION
COMPANY, INC. A SUM NOT TO EXCEED $64,888.00 FROM ACCOUNT NUMBER 001 - 0000 -132 -2050,
WHICH IS ENTITLED " MURRAY PARK SURPLUS LOCAL MATCH/ HOSPITAL CONTRIBUTION" AND,
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
For the City of South Miami the Multipurpose Center Phase 1 represents a significant capital improvement built
in a number of years. The project was designed by Architectural Design Consortium, Inc., one of the
Architect/Engineer team under contract with the City for miscellaneous services. The City Commission
through an open competitive bidding process awarded the construction contract to the lowest responsive bidder,
Baude Construction Company, Inc.
A number of unexpected and unforeseen problems were encountered during the construction period, which
resulted in extensive delays in completing the project. The Contractor has submitted a claim for additional
compensation for the delay. The administration has evaluated the validity of the claim, and has determined that
causes for delays are multiple.
The Contract allows the City to assess the Contractor liquidated damages for delays not caused by the
Contractor. The process of assigning blame will be long unproductive, expensive and a divisive process which
will not serve the interest of the City.
It is the intent of the administration to amicably resolve the claim and closeout the project in a non-
confrontational manner. The Administration and the Contractor have negotiated a full and final settlement
amount of $64,888.00 for all claims related to Multipurpose Center Phase 1 that the Contractor may have
against the City. The funds will be drawn from "Murray Park Surplus Local Match/ Hospital Contribution"
account number 011- 0000 - 132 -2050. This account will have a balance in excess of $500,000.
RECOMMENDATION: Approval.
Attachments:
Proposed Resolution for Adoption
Proposed Release Agreement
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY
ADMINISTRATION TO DISBURSE TO BAUDE CONSTRUCTION COMPANY, INC.
A SUM NOT TO EXCEED $64,888.00 FROM ACCOUNT NUMBER 001 - 0000 - 132 -2050,
WHICH IS ENTITLED MURRAY PARK SURPLUS LOCAL MATCH/ HOSPITAL
CONTRIBUTION" AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission awarded the construction contract to Baude Construction Company, Inc. to
build the first phase of the Multipurpose Center at Murray Park, and
WHEREAS, a number of problems were encountered during the construction period, which resulted in
extensive delays in completing the project, and
WHEREAS, the Contract allows the City to assess liquidated damages for delays, and
WHEREAS, the Contractor has submitted a claim for additional compensation for the delay, and
WHEREAS, the causes for the delays are multiple and the administration has evaluated the validity of the
claim, and
WHEREAS, it is the intent of the City and that of the Contractor to resolve the claim amicably, and
WHEREAS, both parties have negotiated a fair and final settlement of the claims.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section L. The City Administration is authorized to disburse a sum of $64,888.00 to Baude Construction
Company, Inc. as a full and final satisfaction of all claims related to the Multipurpose Center Phase 1 the
Contractor may have against the City.
Section 2. The disbursement shall be charge to expenditure account number 001- 0000 -132 -2050, entitled
"Murray Park Safe Neighborhood Grant Matching Fund ".
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 5th day of June,2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice -Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Jun 01 01 03:18p Buade Construction 305 234 5559 p.2
RELEASE AGREEMENT BETWEEN
CITY OF SOUTH MIAMI AND
BAUDE CONSTRUCTION COMPANY, INC.
Whereas, the City of South Miami and Baude Construction Company, Inc.,
(referred to as "Contractor ") entered into a contract for the construction of the City of
South Miami Multi- Purpose Cultural Center -- -Phase 1; and,
Whereas, the project is substantially complete; and,
Whereas, delays in construction have occurred which have given rise to claims by
the Contractor :`or delay damages and claims by the City for liquidated damages; and,
Whereas, both parties have negotiated a fair and final settlement of the claims
under the terms and conditions stated in this Agreement.
Now, thcrcfore, this Agreement is entered into between the City of South Miami and
Baude Constru,.tion Company, Inc., in and for the 'consideration of ten dollars ($10.00),
the mutual covenants contained in this Agreement, and other lawful consideration, the
receipt and legtll sufficiency of which is acknowledged by both parties.
VITIEREAS CLAUSES.
1 1. The above Whereas clauses are incorporated into this Agreement.
2. PAYMENT.
21. Within days of approval of this Agreement. by the City
Commission for the City of South Miami, the City will pay the Contractor
$64,888.00 in full and final satisfaction of all claims the Contractor might have
against the City.
3. RELEASES.
3.1. The Contractor for itself and its principals, directors, officers,
successors and assigns, hereby releases the City and its commissioners, directors,
officers, employees, agents and representatives from any and all claims, including
but not limited to claims for damages for breach of contract, tort or statutory
liability, equitable claims, and claims for profits, expenses and costs, that they had,
Page 1 of 6
Release Agreement Between City of South Miami and
Baude Construction Company, Inc.
�. I.m.CIA Irk - c7.1WIN !cnco coo cnr !TaVTW Hinos io Am ;A9 1N35
have, or might have on the effective date of Agreement arising out the contract for
the construction of the City of South Miami Multi- Purpose Cultural Center—
Phase I; provided, however, the Contractor does not release the City from any
claim for final payment under the construction contract.
3.2. The City for itself and its commissioners, directors, officers,
employees, agents, representatives, successors and assigns, releases the Contractor
and its principals, directors and officers from any and all claims for liquidated
damages for delay of performance under the construction contract; provided,
however, this release does not excuse the Contractor or the Surety from
completing performance under the construction contract and the bond, and does
not change, alter or modify any warranties in favor of the City.
3.3. By agreeing to release the Contractor from claims for liquidated
damages the City does not release, and hereby preserves all claims against, other
parties who are not a party to the construction contract.
4. RELEASE OF LIENS.'
4.1. The Contractor shall cause the claim of lien filed by Gale Insulation
of South Florida, Inc., in the amount of $1710.00, and recorded on November 27,
2000 at Official Records Book 19378, Page 1692, to be released. The Contractor
shall give the City an affidavit attesting that there are no liens on the property
arising out of the work performed by the Contractor. This requirement is
independent of the releases provided in this Agreement but is a condition
precedent for obtaining payment to the Contractor.
5. ENFORCEMENT.
5.1. This Agreement may be enforced by either party only by means of
declaratory judgment, mandamus, injunction or other equitable relief. In any
litigation to enforce this Agreement the prevailing party shall be entitled to
payment of reasonable attorney's fees, paralegal expenses, investigative expenses
and costs. The City does not waive its sovereign immunity, and shall not be liable
to the Contractor, for damages, prejudgment interest or attorney's fees.
Page 2 of 6
Release Agreement Between City of South Miami and
Baude Construction Company, Inc.
6. EFFECTIVE DATE.
6.1. This Agreement shall be first executed by the Contractor and shall
become effective upon execution by the City Manger.
7. NOTICE.
7.1. Any notice under this Agreement shall be given in writing by U.S.
mail or by hand delivery to:
The City of South Miami:
Charles D. Scurf, City Manager
City of South Miami
6143 Sunset Drive
South Miami, Florida 33143
Telephone: (305) 663 -6338
Facsimile: (305) 663 -6345
and
Earl G. Gallop, General Counsel
Nagin Gallop & Figueredo, P.A.
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
Telephone: (305) 854 -5353
Facsimile: (305) 854 -5351
Baude Construction Company, Inc.:
12177 S.W. 131 sc Avenue
Miami, Florida 33186
Telephone: (305) 234 -5256
Facsimile: (305) 234 -5559
Page 3 of 6
Release Agreement Between City of South Miami and
Baude Construction Company, Inc.
8. ENTIRE AGREEMENT.
8.1. This Agreement contains the entire understanding and agreement of
the parties. All negotiations, understandings and agreements pertaining to the
subject matter, of this agreement are merged herein. This Agreement can be
amended only by a written amendment which must be approved by the City
Commission of the City of South Miami.
9. SEVERABILITY.
9.1. In the event that any term or provision of this Agreement is
determined by judicial authority to be illegal or otherwise invalid, whenever
possible, and subject to the court's approval, such provision shall be given its
nearest legal meaning. The remainder of this Agreement shall continue in full
force and effect. Further, it is expressly understood by all parties that this
Agreement has been drafted equally by both parties and that this Agreement is a
compilation of the terms and conditions contemplated by each party to the
Agreement. Accordingly, in any dispute with respect to any part of this
Agreement, including not limited to, the language, definition, phrasing or meaning
contained herein, the matter shall not be construed against either party on the basis
of authorship.
10. WARRANTIES.
10.1. Non- Assignment. The parties warrant that they have not assigned
any rights, claims or causes of action under the construction contract to any
person. For any breach of this provision, the breaching party will indemnify,
defend and hold the non- breaching party harmless from any demand, claim or
expense asserted by a person to whom a right, claim or cause of action has been
assigned.
10.2. Authority to Bind. The persons signing this Agreement warrant that
they represent the party that on whose behalf they execute this Agreement, and
they have the authority to bind the party they represent to the terms and conditions
of this Agreement.
Page 4 of 6
Release Agreement Between City of South Miami and
Baude Construction Company, Inc.
11. VENUE; CHOICE OF LAW.
11. 1. In any action to enforce this Agreement, venue shall be in the state
circuit court for the Eleventh Judicial Circuit. Federal law and the law of the State
of Florida shall apply.
12. CAPTIONS.
12.1. Captions are used in this Agreement for convenience only. They
shall not be applied for the purposes of applying the provisions of this Agreement
or interpreting the intent of the parties.
Dated this: May , 2001.
Attest: CITY OF SOUTH MIAMI
City Clerk
Approved as to form and Legal
Sufficiency:
Charles D. Scurr, City Manager
City Attorney
Attest: BAUDE CONSTRUCTION COMPANY,
INC.
By: By:
Corporate Secretary
[Print Name] [Print Name]
Its:
[CORPORATE SEAL] [Print Corporate Title]
Page 5 of 6
Release Agreement Between City of South Miami and
Baude Construction Company, Inc.
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
The foregoing instrument was acknowledged before me this day of May,
2001, by , as for Baude
Construction Company, Inc.
NOTARY PUBLIC
Commission Expiration:
Personally Known OR Produced Identification
(Type of Identification)
Page 6 of 6
Release Agreement Between City of South Miami and
Baude Construction Company, Inca
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission
From: Charles D. Scurr
City Manager
REQUEST:
Date: June 1, 2001
Agenda Item #
Re: Comm. Mtg. 06/05/2001
Additional compensation for The
Architectural Design Consortium, Inc./
Multipurpose Center Phase 1
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE TO THE
ARCHITECTURAL DESIGN CONSORTIUM, INC. A SUM NOT TO EXCEED $11,093.57 FROM
ACCOUNT NUMBER 001- 0000 -132 -2050, WHICH IS ENTITLED "MURRAY PARK SURPLUS LOCAL
MATCH/ HOSPITAL CONTRIBUTION" AND, PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
For the City of South Miami the Multipurpose Center Phase 1 represents a significant capital
improvement built in a number of years. The project was designed by Architectural Design Consortium,
Inc., one of the Architect/Engineer team under contract with the City for miscellaneous services.
A number of unexpected and unforeseen problems were encountered during the construction period,
which resulted in extensive delays in completing the project. The Architect has submitted a request for
additional compensation for administering the construction phase that extended beyond the originally
anticipated time frame.
The request for additional time represents only a part of the time actually spent assisting the Contractor in
bringing the project to a satisfactory completion. The administration has evaluated the validity of the
request. The causes for the delays are multiple and the request for the additional compensation is
considered reasonable and fair.
This will be a final payment as a fu11 and final settlement amount of $11,093.57 for all claims related to
Multipurpose Center Phase 1 that the Architect may have against the City. The funds will be drawn from
"Murray Park Surplus Local Match / Hospital Contribution" account number 011 - 0000 -132 -2050. This
account will have a balance in excess of $500,000.
RECOMMENDATION: Approval.
Attachments:
Proposed Resolution for Adoption
Proposed Release Agreement
Jun-01-01 06:55A P.02
H ui�
RELEASE AGREEMENT BETWEEN
CITY OF SOUTH MLkMI AND
THE ARCHITECTURAL DESIGN CONSORTIUM, INC.
Whereas, the City of South Miami and The Ar6itectural Design
Consortium, Inc.,
(referred to as '`Owner's Representative*) entered into a contract dated
to provide professional services for the construction of the City of South Miami Multi-
Purpose Cultural Center-• -Phase L, and,
Whereas, the pr*ct is substantially complete; and,
Whereas, requests for extra work, delays in construction and claims by The Baude
Construction Company, (referred to as "Contractor"), for delay damages have occurred
which have given rise to claims by the Owner's Representative for additional
compensation for the extended period of construction administration; and,
.
Whereas, both parties have negotiated a ihir and final settlement of the claims
under the terms and conditions stated in this Agreement.
� Now, therefore, this Agreement is entered into between the City of South Miami
and The Architectural Design Consortium, Inc-, in and for the consideration of ten dollars
(SI►-00), the mutual covatants contained in this Agreement, and other lawful
consideration, the receipt tend legal sufficiency of which is acknowledged by both parties.
WHEREAS CLAUSES.
I . I . The above Whereas clauses are incorporated into this Agreement
2. PAYMENT.
2.1. Within 30 days of approval of this Agreement by the City
Commission for the City of South Miami, the City will pay the Owner's
Representative $11,093.57 in U1 and fatal satisfaction of all claims the Owner's
Representative might have against the City,
. 3. RELEASES.
3.1. The Owner's Representative for itself and its principals, directors,
officers, successors and assigns, hereby releases the City and its commissioners,
Page I of 6
Release Agreemeni Between City of South Miami and
Tht Architectural Design Consonium. Inc.
Jun-01-01 06:55A P.03
P.03
directors, officers, enlPloyec.3, agents and representatives from any and all claims
including but not limited to claims for damages for breach of 'contract, tort Or
statutory liability, equitable claims, and claims for profits, expenses and costs, that
they had, have, or might have on the effective date of Agw'ement arising out of, or
r,clating to, the contract between them for professional services for the construction
of the City of South Miami Multi-Purpose Center—Phase 1; provided,
the Ovmerl� 5 E s does not relcase the City kom any claim' for final
payment under the professional services contract.
3.2. The City for Itself and its commissioners, directors, officers,
employees, agents.. representatives, successors and assigns' 'releases the Owner's
Representative, and its principals, directors and officers ftoin any and all claims for
indemnification. contribution and damages for any and all payinents made by the
City to the Contractor for claims for delay of performance under the construction
Contract; providcd, however, this release does not excuse the Owner's
Representative or its Surety from performance under the professional services
contract and the bond.
3-3. By agreeing to release the Owner's Representative from claims for
indemnification, contribution and damages for payments tnado to the Contractor
for claims for delay of performance the City does not release, and hereby
preserves all claims against, other parties who are not a party to the professional
services contract.
4. RELEASE OF LIFNS.
4.1. The Owner's Representative shall not record any liens against the
project or any property owned by the City. The Owner's Representative shall give
the City an affidavit attesting that there are no liens on the property arising out of
the work performed by the Owner's Rcprescritative. This requirement IS
independent of the releases provided in thk Agreement but Is a condition
precedent for obtaining payment to the Owner's Representative-
5.1. This Agreement may be enforced by either party only by means of
,declaratory judgment, mandamus, injunction or other equitable reliell In any
litigati-011 to enforce this Agreement the prevaiting party shall be entitled to
payment of reasonable attorney's fees, paralegal expenses, investigative expenses
Page 2 of 6
RCIMSe Agreement Between City of South Miami and
"rise Amhitecmral Design Constirfium, Inc.
. . . . . . . . ..... .
Jun-017.01-06: 56A P.04 P. 04
and costs. The, City does not waive its sovereign immunity, and shall not be liable
to the Owners Rtpresentative, for damages, prejudgment interest or attorney's
fees:
6. EFFECTIVE DATE.
6.1. This Agreement steal} be first executed by the Owner's
Representative and shall became etTective upon execution by the City Manger,
7. NOTICE.
7.1. Any notice under this Agreement shall be given in writing by U.S.
mail or by hand delivery to-,
I The City of South Miami :
Charles D. Scurr, Cry Manager
City of South Miami
6143 Sunset D ive
South Miami, Florida 33143
Telephone. (305) 663-6338
Facsimile: (365) 663-6345
M
Earl' G. Gallop, General Counsel
Nagin Gallop & Figueredo, F.A.
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
Telephone- (305) 164-5353
Facsimile.- (305) 854-5351
The Architectural Design Consortium, Inc.:
4129 N. Miami Avtnue
Miami, FL 33127
Telephone: (305) 576--0572
Facsimile. (305) 576-6718
Page 3 of 6
Release Agreement Between City of South Miami and
The Atthiftctural Desip Consortium Inc.
Jun-01-01 06:56A P.05
P. O'S
8. EN'URF AGREEMENT.
&L This Agreement contains the entire understanding and agreement of
the parties. All negotiations, understandings and agreements pertaining to the
subject matter of this agreement are merged herein. This Agreement can be
amended only by a written amendment which must be approved by the City
Commission of the City of South NWami.
9. SEVERABILITY.
9,1, In the event that any term or provision of this Agreement is
determined by judicial authority to be illegal or otherwise invalid, whenever
possible, and subject to the court's approval, such provision shalt be given its
nearest legal meaning. The remainder of this Agreement shall Continue in full
force and effect- Further, it is expressly understood by all parties that this
Agreement has been drafted equally by both parties and that this Agreement is a
compilation of the terms and conditions contemplated by each party to the
Agreement. Accordingly, in any dispute with respect to any part of this
Agreement, including not limited to, the language, definition., phrasing or meaning
contained hercin, the matter shall not be construed against either party on the basis
of authorship.
10. WARRANTIES.
10.1. Non-Assignment. The parties warrant that they have not assigned
any rights, claims or causes of action under the construction contract to any
person. For any breach of this provision, the breaching party will indemnify,
defend and hold the non-breaching party harmless from any demand, claim or
expense asserted by a person to whom a right, claim or cause of action has been
assigned.
10-2. Authority to Bind. The persons signing this Agreement warrant that
they represent. the party that on whose behalf they execute this Agreement, and
they have the authority to bind the party they represent to the terms and conditions
of this Agreement.
Page 4 of 6
Release Agremenz Betwoen City of South Miami mid
The Architectural Design Consorfium. Im.
Jun-01-01 06:57A P.06
P. 06
11, VENVE; CHOICE OF LAW.
I I - I - In any action to enforce this Agrcemcnt, venue shall be in the
state circuit court for the Eleventh Judicial Circuit. Federal law and the law
of the State of Florida shal I apply.
12. CAPTIONS.
12.1. Captions are used in this Agreement for convenience only.
They shall not be applied for the purposes of applying the provisions of this
Agreement or interpreting the intent of the parties.
Dated this.
Altest.-
CITY OF SOUTH MIAMI
City Clerk Charles D- Scurr, .- City Manager
Approved as to form and Lcgal
Stfficiency-
City Attorney
I
AttesV
I.r-'r LF-4f, I vwrtrj
jGOUMATE SEAL)
�TA�"E OF FLORIDA
CQtNTY OF N-1IAMI-DADE
T11E ARCHITECTURAL DESIGN
CONSORTIUM, INC. A
[Print Name]
Its:
[Print Corporate 7itlej
Page 5 of 6
Release Agreement Between City of South Miami and
Tice Architectural Design Cousorburn, Inc.
Jun-01-01 06:57A P.07
The foregoing instrument was acknowledged before me this day of
2001, by as
for The Architectural Design Consortium. Inc.
NOTARY PUBLIC
Commission Expiration-
Personally Known . OR Produced Identification
(Type of Idenfificationj
Page 6 of 6
Release Agreement Between City of South Miami and
The Architectural Dcsign Consortium. Inc,
k��
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53
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY
ADMINISTRATION TO DISBURSE TO THE ARCHITECTURAL DESIGN
CONSORTIUM, INC. A SUM NOT TO EXCEED ` $11,093.57 FROM ACCOUNT
NUMBER 001 - 0000 -132 -2050, WHICH IS ENTITLED "MURRAY PARK SURPLUS
LOCAL MATCH/ HOSPITAL CONTRIBUTION" AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, The Architectural Design Consortium, Inc. was selected by the City Commission to design,
prepare the construction documents and administer the construction first phase of the Multipurpose Center at
Murray Park, and
WHEREAS, a number of problems were encountered during the construction period, which resulted in
extensive delays in completing the project, and
WHEREAS, The Architectural Design Consortium, Inc. has submitted a request for additional compensation
for the delay, and
WHEREAS, the causes for the delays are multiple and the administration has evaluated the validity of the
claim, and
WHEREAS, the request for additional compensation represents only the a portion of the additional time spent
in assisting the contractor in bringing the project to a substantial completion.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section L The City Administration is authorized to disburse a sum of $11,093.57 to The Architectural Design
Consortium, Inc. as a full and final satisfaction of all claims related to the Multipurpose Center Phase 1 the
Architect may have against the City.
Section 2. The disbursement shall be charge to expenditure account number 001 - 0000 - 132 -2050, entitled
"Murray Park Safe Neighborhood Grant Matching Fund ".
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 5t" day of June,2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice -Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
To: Honorable Mayor Date: May 31, 2001
and City Commission
From: Charles D. Scurr Subject: Agenda Item #
City Manager Commission Mee ing 06/04/01
Multipurpose Center Funding
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO IMPROVEMENTS AT MURRAY PARK,
AUTHORIZING THE USE OF THE INTERIM LINE OF CREDIT MADE AVAILABLE
THROUGH THE FLORIDA MUNICIPAL LOAN COUNCIL FIXED RATE BOND
POOL; AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE
AMOUNT UP TO $600,000 FROM BANK OF AMERICA; APPROVING THE
EXECUTION AND DELIVERY OF A LOAN AGREEMENT THROUGH THE
FLORIDA MUNICIPAL LOAN COUNCIL PROGRAM; APPROVING THE
EXECUTION AND DELIVERY OF A DISCLOSURE AGREEMENT AND ALL OTHER
NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
On April 10, 2001, the Mayor and City Commission approved Ordinance Number 11 -01 -1742 authorizing
the City of South Miami to participate in the Florida Municipal Loan Council Program in order to finance
the improvements at Murray Park. By using South Miami Hospital's annual contribution of $150,000, the
City would be able to leverage up to $2.5 million to match grant funds for the implementation of the park
master plan.
Originally, the Florida Municipal Loan Council had scheduled the bond sale for May, and the funds would
have been available immediately afterwards. The Council's schedule has been delayed, however, and the
bond sale is now scheduled for the fall. Since the bonds have not been sold there are no proceeds available
for loan. This phenomenon is fairly common, however, and the Council makes interim, also known as
"bridge", financing available through the underwriters of the bond program, Bank of America.
The City of South Miami is rapidly progressing with the implementation of the Murray Park Master Plan
and the delay in bond sale would delay the project and could hinder our ability to utilize the grant funding
allocated to the project (over $1.5 million).
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVEMENTS AT
MURRAY PARK, AUTHORIZING THE USE OF THE INTERIM LINE OF
CREDIT MADE AVAILABLE THROUGH THE FLORIDA MUNICIPAL LOAN
COUNCIL FIXED RATE BOND POOL; AUTHORIZING THE NEGOTIATION
OF A LOAN IN AN AGGREGATE AMOUNT UP TO $600,000 FROM BANK OF
AMERICA APPROVING THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT THROUGH THE FLORIDA MUNICIPAL LOAN COUNCIL
PROGRAM; APPROVING THE EXECUTION AND DELIVERY OF ` A
DISCLOSURE AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 10, 2001, the Mayor and City Commission approved an ordinance
relating to the Multipurpose Center at Murray Park, authorizing the City Manager to negotiate a loan
not to exceed $2,500,000 through the Florida Municipal Loan Council Fixed Rate Bond Pool; and
WHEREAS, participating governmental units (the "Members ") have created the Florida
Municipal Loan Council (the "Council ") pursuant to a certain Inter -local Agreement and pursuant
to Chapter 163, Part I, Florida Statutes, for the purpose of issuing its bonds to make loans to
participating governmental units for qualified projects; and
WHEREAS, the Council does not make the loans until the proceeds of the bond sale are
available; and
WHEREAS, the Council has rescheduled the bond sale of May 2001 for the Fall of 2001;
and
WHEREAS, the Council provides bridge financing through Bank of America for such
situations to ensure that projects are not delayed or negatively impacted by the bond sale schedule;
and
WHEREAS, it is determined to be in the best interest of the City to borrow funds through
the Florida Municipal Loan Council Program to provide interim financing prior to the bond sale in
order to continue the rapid implementation of the Murray Park Master Plan.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA AS FOLLOWS:
C�iz *�"T�'"L !l..S,.�,(>i',i?'t'' Cat' 175 '�i��<.yn•l"1s"��rnrincn••n • ei. �ew itil' a5�': riai�l 4s' GiE' ���i" .'�Pre�r,r�.�vh.�:e�Er�r.i�.r
1
��,
;;.;
lv-.
D 0 J--
TO: Mayor and City Commission DATE: May 15, 2001
FROM: Charles D. Sc
City Manager Re: AGENDA ITEM #
CONTRACT BETWEEN CITY OF
SOUTH MIAMI AND TEENAGE
PREGNANCY PREVENTION CENTER,
INC.
Request
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW
THE CONTRACT WITH TEEN PREGNANCY PREVENTION CENTER,INC. FOR
AN ADDITIONAL 12 MONTHS TO PROVIDE COUNSELING, PREVENTION,
EDUCATION, REFERRAL SERVICES, PREGNANCY AND CONFIDENTIAL HIV
TESTING FOR RESIDENTS THROUGHOUT THE COMMUNITY IN NEED OF
THESE SERVICES; IN AN AMOUNT NOT TO EXCEED $30,000.00 FROM
ACCOUNT 01 2100.519.8310 SEED FUNDS FY 2001 -02 ($15,000.00)
AND ACCOUNT 01.2100.519.8310 SEED FUNDS 2002 - 03_($15,000.00)
i
Background and Analysis
The Teen Pregnancy Prevention Center (TPPC) began its tenure in the campaign to reduce
teenage pregnancy and HIV awareness in December 1994. The center is a private nonprofit
organization that pinpoints the family and environmental conditions that place them at risk of
teenage pregnancy and HIV infection. The program focuses its efforts in motivating teen youths
to return to school and/or participate in technical programs with the opportunity for upward
mobility. The Teen Pregnancy Prevention Center was founded by Kalenthia Nunnally who has
developed this project based on her first hand knowledge of the needs and gaps in services within
the community.
The City Commission recognizes the need to providing HIV and Teenage Pregnancy education,
counseling and awareness. This program will assist those individuals that are in need of
assistance and guidance as well as practicing preventative measures in an effort to reduce the
spread of HIV within our community. Providing these services would be a _ benefit to the
residents and the community as a whole.
The City has considered the benefits of hiring a city staff person to provide .these services versus
contracting with a non - profit. It appears advantageous to contract with TPPC. In addition to
their proven track record in the community, they are committing to provide more than one staff
person for a minimum of 48 hours per week. The South Miami program will be physically
headquartered in the South Miami Gardens / Miami -Dade HUD Development located at 5953
SW 61s' Court.
This action renews the contract with Teen Pregnancy Prevention for an additional year.
The City's annual cost would be $30,000. One half will come from Seed Fund Account No. 01-
2100 -519 -8310 for FY 2001 -02 and one half from the "same account in the FY 2001 -02 fiscal
year. The current fund balance is $15,000.
Recommendation
Approval is recommended.
i
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW
5 THE CONTRACT WITH TEEN PREGNANCY PREVENTION CENTER,INC FOR
6 AN ADDITIONAL 12 MONTHS TO PROVIDE COUNSELING, PREVENTION,
7 EDUCATION, REFERRAL SERVICES, PREGNANCY AND CONFIDENTIAL HIV
8 TESTING FOR RESIDENTS THROUGHOUT THE COMMUNITY IN NEED OF
9 THESE SERVICES; IN AN AMOUNT NOT TO EXCEED $30,000.00 FROM
10 ACCOUNT 01.2100.519.8310 SEED FUNDS FY 2001 -02 ($15,,000.00)
11 AND ACCOUNT 01.2100.519.8310 SEED FUNDS 2002 -03 ($15,000.00)
12
13 WHEREAS, the City recognizes the 'need to deal with HIV infection
14 and teenage pregnancy; and
15
16 WHEREAS, the City recognizes the need to raise awareness and
17 provide education; and
18
19 WHEREAS, City is desirous to continue to provide _social and
20 educational services through a community based organization (CBO) to
21 the residents of the City; and
22
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
25 CITY OF SOUTH MIAMI, FLORIDA:
26
27
28 Section 1. The City ,Manager be, and hereby is authorized to renew
29 the contract with Teen Pregnancy Prevention Center Inc.` to provide
30 these services in an amount not to exceed $30,000.00.
31
32 Section 2. The contract shall be effective March 15, 2001 through
33 March 15,;2002.
34
35 Section 3. This _resolution shall take effect immediately upon
36 approval
37
38
39 PASSED AND ADOPTED this day of 2001.
40
41 ATTEST: APPROVED:
42
43
44
45
46 CITY CLERK MAYOR
47
48 READ AND APPROVED AS TO FORM:
49
50
51
52
53 CITY ATTORNEY
AGREEMENT RENEWAL
This Agreement Renewal, made this day of , 2000, by and between City of South
Miami, a political subdivision of the State of Florida (hereinafter referred to as "City "),
located at 6130 Sunset Drive, Miami, Florida, 33143, and Teen Pregnancy Prevention
Center, Inc. offices located at 5920 Southwest 67 St, South Miami, Forida, 33143,
(hereinafter referred to as "Provider "), state conditions and covenants for the rendering if
Social and Human Services, hereinafter referred to as "Services" for the City.
WHEREAS, the Provider will develop and provide services of value to the City;
WHEREAS, the Provider has demonstrated its ability to providing these types of
services; and
NOW, THEREFORE, in consideration of the mutual covenants recorded herein, the
parties agree as follows:
I. Scope of Services
The provider agrees to render services in accordance with the Scope of Services
incorporated herein and attached hereto as Attachment A. The provider will
implement the Scope of Services as described in Attachment A in a manner that is
satisfactory to the City. The City prior to execution must approve any revisions or
amendments.
II. Effective Term
Both parties agree that the effective term of this Agreement shall be from March 15,
2001 to March 15, 2002.
IV. Amount Payable
The maximum amount payable for services rendered shall not exceed $30,000,
payable in equal monthly payments of $2,500.00. Payment shall be made payable
one month in advance
V. Indemnification by Provider
Provider shall indemnify and hold harmless the City and its officers from any and all
liability, losses or damages, including attorney's fees and cost of defense which may
occur as a result of claims, demands, suits, causes of action or proceeding of any
kind or resulting from the performance of this Agreement. Provider shall pay all
claims and losses in connection with and shall investigate and defend all claims, suits
or action of any in or nature in the name of the City, including appellate proceedings
and shall pay costs, judgements and attorneys fees. Provider understands that and
1 of 6
insurance protection required by this Agreement shall in no way limit the
responsibility to indemnify, hold harmless and defend the City and its officers.
VI. Insurance / Licenses
The Provider shall furnish the City with Certificates of Insurance indicating that
insurance coverage has been obtained which meets the requirements as outlined
below:
1. Worker's Compensation insurance for all employees of the provider.
2. Public Liability Insurance on a comprehensive basis in an amount not less
that $300,00.00 combined single limit per occurrence for bodily injury
and property damage. The City of Miami must be shown as an additional
insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with the work, in an amount not less than
$300,000 combined single limit per occurrence for bodily injury and
property damage. For providers using vans or mini -vans with seating
capacities of fifteen (15) passengers or more, the limit of liability required
for automobile Liability insurance if $500,000.
The company must be rated no less that "B" as to management and no less than
Class "V" as to financial strength or the company must hold a valid Florida
,Certificate of Authority. Certificates of Insurance shall indicate that no modification
or change insurance shall be made without thirty (30) days written notice in
advance to the certificate holder.
The Provider is shall be required to obtain any and all required licenses and
certificates. Failure to do provide such licenses or certificates may result in
immediate termination of this Agreement.
All employees and subcontracted personnel must pass background check prior to
working directly or indirectly for the City.
VIII. Civil Rights
The Provider agrees to abide bylaws which prohibit discrimination of any kind.
IX. Notices
It is understood and agreed between the parties that written notice addressed to the
Department and mailed or delivered to the address appearing on page one (1) of the
Agreement shall constitute sufficient notice to either party.
2 of 6
X. Autonomy
Both parties agree that this Agreement recognizes the autonomy of and stipulates or
implies no affiliation between the contracting parties. It is expressly understood and
intended that the Provider is only a recipient of funding support and is not an agent
or instrumentality of the City.
XI. Termination by Either Party
Both parties agree that this Agreement may be terminated by either party hereto by
written notice to the other party of such intent to terminate at least thirty (30) days
prior to the effective date of such termination. The City Manager is authorized to
terminate this Agreement on behalf of the City at any time he deems necessary.
XII. Payment Procedures
Provider shall submit monthly invoices in the amount of $2,500.00, payable one
month in advance. Accompanying the invoice shall be a detailed description of
Provider activities during the preceding month, including but not limited to: actual
hours of operation and staffing and cases processed during the reporting period.
This information shall be provided to the Human Resources Director, who shall
serve as Contract Manager.
City of South Miami
Date
Witness
3 of 6
Teen Pregnancy Prevention
Date
Witness
Attachment "A"
Project Description
Teen Pregnancy Prevention Cer?ter is a Grassroots Community Service Center which targets
preadolescent and teens who live in the targeted community. This project is an evening after
school weekend support program, with an operational schedule of 10 :00 a.m. to 6:00 p.m.
Monday through Friday, and 11:00 a.m. until 3:00 pm on Saturday and Sundays, including
specified holidays. The center provides prevention education, Pregnancy and HIV testing and
counseling, comprehensive Peer/ Individual counseling. Abstinence, Sex and HIV /AIDS
education.
These services are provided by a network of full/part time staff, professional, and paraprofessional
volunteers consisting of educators, counselors, Social Workers, Physicians, Teen Buddies, and
Peer Educators.
Scope of Deliverables
Pregnancy/ HIV testing and Counseling
TPPC provides urine pregnancy testing (Quikview), and HIV testing (Orasure). These test are
performed by trained testing counselors certified by the State of Florida Dept. Of Health.
Individual. Counseling
This services has been designed to focus on the individual and collective problems a client might
have.
Teen Peer Counseling
This service has been designed to provide a vehicle whereby male and female participants can
discuss their feelings about abstinence, early pressures of childhood sexual activity, teen
pregnancy, and HIV /AIDS with someone their own age.
Health Education
This service has been designed to raise the functional knowledge and understanding of
Abstinence, Birth control, STI's HIV /AIDS, nutrition, and genetic diseases.
Cases Management
TPPC's case management service involves the assessment of the client's needs, and developing a
(Buddy support system). The development of a comprehensive family service plan that focuses on
providing a vehicle whereby a much larger percentage of the targeted population infected with the
HIV virus will be linked to services, and receive proper care and treatment and other needed
services.
ATTACHMENT A - 2
HOURS OF OPERATION/DUTIES TO BE PERFORMED
Teen Pregnancy Prevention Center, Inc. hours of operation will be
Monday = Friday, 10 :00 a.m. - 6:00 p.m.
Saturday — Sunday, 11: 00 a.m.. — 3 :00 p.m.
•S Changes or revisions to hours must be preapproved by the City Manager.
Volunteer Staff
A staff of full and part time employees, professional and paraprofessional volunteers
which will consist of the following will provide services:
Educators
Counselors
Social Workers
Physicians
Teen Buddies
Peer Educators
Duties/Resyonsibilities:
Teen Pregnancy Prevention Center will be responsible to service no less than fifty
(50) individuals weekly that are in need of testing, counseling, education, prevention
and assistance in relation to HIV and Teenage Pregnancy.
The center will be responsible to provide testing for Pregnancy and HIV on a regular
basis to preadolescent and teens that live in the targeted community. The goal is to
provide assistance and ensure usage of services are being maximized.
The center will be responsible to provide case management to all those individuals in
need of assistance as well as providing referral program and follow up.
4of3
This drawing and the design it covers are the property of ARCADIS GERAGHTY & MILLER. They are merely loaned and on the borrower's express agreement That they will
not be reproduced, copied, loaned, exhibited, or used except in the limited way and private use permitted by any written consent given by the lender to the borrower.
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