11-20-01CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: November 20, 2001 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: December 4, 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.)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
REGULAR CITY COMMISSION
AGENDA November 20, 2001 1
1. Approval of Minutes - Regular Meeting Sept. 4, 2001
Approval of Minutes - Regular Meeting Sept. 16, 2001
Approval of Minutes — Regular Meeting Nov. 6, 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, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $20,000 TO
USA SOFTWARE INC., FOR THE PURCHASE OF ADDITIONAL
MOBILE DATA TERMINAL SOFTWARE FOR THE POLICE
DEPARTMENT. 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $8,084 TO
DELL COMPUTER CORPORATION, FOR THE PURCHASE OF
ADDITIONAL MOBILE DATA TERMINALS FOR THE POLICE
DEPARTMENT. 3/5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY
REDEVELOPMENT AGENCY BOARD, APPOINTING MARIE BIRTS-
COOPER TO SERVE FOR AN UN- EXPIRED TERM ENDING NOVEMBER
17, 2002 OR UNTIL A, SUCCESSOR IS DULY APPOINTED AND
QUALIFIED PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Mayor Robaina)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING DONNA G. MASSON TO SERVE ON THE
PERSONNEL AND MERIT BOARD FOR A TWO YEAR TERM ENDING
NOVEMBER 20, 2003 OR UNTIL A SUCCESSOR IS DULY
APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE 3/5
(Mayor Robaina)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI -DADE
COUNTY FOR A ONE YEAR ROUTINE MAINTENANCE OF THE LUDLAM
GLADES AND BROAD CANAL FOR AN AMOUNT NOT TO EXCEED
THIRTY -EIGHT THOUSAND NINE 'HUNDRED THIRTY -ONE DOLLARS
($38,931); PROVIDING AN EFFECTIVE DATE 3/5
REGULAR CITY COMMISSION 2
AGENDA - November 20, 2001
,r ..ter,
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
ACCEPTANCE OF AN ADDITIONAL $50,000 IN OUR GRANT FROM
THE MIAMI -DADE COUNTY DEPARTMENT OF HUMAN SERVICES`
YOUTH CRIME TASK FORCE PROGRAM; AUTHORIZING THE CITY-
MANAGER TO 'EXECUTE APPLICABLE 'CONTRACTS AND DOCUMENTS;
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Mayor Robaina)
10. A RESOLUTION OF THE 'MAYOR AND CITY 'COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL
SERVICES; AUTHORIZING THE CITY MANAGER TO PAY FOR AN
INVOICE IN THE AMOUNT OF $14,342.72 FOR CONSULTING -
LABOR SERVICES, FROM ACCOUNT NUMBER 001 - 1500 -514- 3440,'
TITLED CONSULTING LABOR ATTORNEY, TO THE FIRM OF
WEISS, SEROTA, HELFMAN, PASTORIZA AND GUEDES, P.A.,
PROVIDING AN EFFECTIVE DATE 3/5
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM IN AN AMOUNT NOT TO EXCEED
$3,905.63 TO FLEETWOOD FINANCIAL CORPORATION FOR THE
FISCAL YEAR 2001/2002, FOR THE PURCHASE OF A FREEDOM
DICTAPHONE DIGITAL RECORDING SYSTEM' COMPLETE WITH A 17
INCH MONITOR, NT WORKSTATION, 2 DVD, FREEDOM SYSTEM
SOFTWARE PACK, 3 COMM 4 PORT HUB, AC TELCOM
BLOCK /RECORDER, COMPRESSION BOARD, COUPLER BOARD,
NORTEL'COUPLER BOARD, FREEDOM COMPUTER BASED TRAINING
PROGRAM AND PACKAGE OF 10 DVD MEDIA,, INSTALLATION,
TRAINING AND ONE YEAR 'WARRANTY FOR THE UPGRADE OF THE
VOICE RECORDING SYSTEM AND CHARGING THE DISBURSEMENT TO
ACCOUNT 1910- 521 -3450 TITLED CONTRACTUAL SERVICES; AND
AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM IN AN
AMOUNT NOT TO EXCEED $3,905,.63 ANNUALLY FOR THE
REMAINING FOUR -YEARS TO FLEETWOOD FINANCIAL. CORPORATION
TO BE IN COMPLIANCE' WITH THE FIVE -YEAR LEASE AGREEMENT;
AND AUTHORIZING THE CITY' MANAGER TO EXECUTE SUCH
DOCUMENTS NECESSARY TO INITIATE AND FULFILL THE
CONTRACT; PROVIDING FOR AN EFFECTIVE DATE 3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
12. AN ORDINANCE OF THE MAYOR AND 'CITY' COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2002
GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS
FOR GROUPS, I AND IV AND POSSIBLE CHARTER AMENDMENTS;
REGULAR CITY COMMISSION 3
AGENDA - November 20, 2001
SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION;
PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING
FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL
BALLOT; PROVIDING, FOR NOTIFICATION;" PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. 3/5
(Mayor Robaina)
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO CODE
ENFORCEMENT PROCEDURES; AMENDING SECTION 2 -25 (L) OF
CHAPTER 2 THE CODE OF ORDINANCES ENTITLED "SCHEDULE OF
FINES "; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE'. 3/5
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND MARK
RICHMAN PROPERTIES, INC., FOR THE GRANTING OF AIR
RIGHTS ABOVE MRP PROPERTY TO THE CITY, THE LEASE BY MRP
OF CERTAIN CITY PROPERTY AND THE CO- DEVELOPMENT OF A
PARKING STRUCTURE PROJECT AT SW 73 STREET BETWEEN SW 58
COURT AND 58 AVENUE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE 4/5
RESOLUTIONS) /PUBLIC HEARING(S)
15. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF 'SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
FOR A VARIANCE FROM SECTION 20 -3.5 (C) (3) AND SECTION
20-3.5 (E) OF THE LAND DEVELOPMENT CODE TO ALLOW THE
HEIGHT OF THE MURRAY PARK RECREATION CENTER TO BE 35'
8'' WHERE A MAXIMUM HEIGHT OF 25 FEET IS 'ALLOWED, ON
PROPERTY LOCATED IN A "PR" PARKS 'AND RECREATION ZONING
USE DISTRICT, MORE SPECIFICALLY LOCATED AT 6701 SW 58TH
PLACE, SOUTH' MIAMI, ` FLORIDA 4/5
RESOLUTION (S)
16 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DESIGNATE A SPECIFIC PUBLIC RIGHT -OF -WAY TO
MARJORY WILLIAMS SCRIVENS WHO WAS THE ,FIRST WOMAN
POSTAL` CARRIER IN THE COUNTY TO WORK FOR THE SOUTH
MIAMI BRANCH AND TO DISBURSE THE SUM OF $400.00 TO
MIAMI -DADE COUNTY FOR THE INSTALLATION OF SAID SIGNS
REGULAR CITY COMMISSION 4
AGENDA November 20, 2001
.,
AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1730 -541
4640, MAINTENANCE AND REPAIRS OF STREETS AND PARKWAYS ".
3/5
ORDINANCE (S) FIRST READING PUBLIC HEARING
17 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING WITH'
PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF
STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN
ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9) MONTHS THE
MODIFICATIONS MADE TO SECTION 20-7.6(B) , AND THE
SUSPENSION, OF SECTION 20-4.4(G) AND SECTION 20 -4 .4 (H)
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND
PROVIDING AN EFFECTIVE DATE. 4/5
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 5 AGENDA - November 20, 2001
1I'm
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14 C �01 9 2" �7
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Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
Date: November 14, 2001
From: Charles Scurr Re:
City Manager
REQUEST
Agenda Item —4
Commission Meeting 11/20/2001
Authorization to Upgrade Police Dept.
Computer Technology with Purchase of
Mobile Data Terminal from USA Software
Inc.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM
NOT TO EXCEED $20,000 TO USA SOFTWARE INC., FOR THE PURCHASE OF
ADDITIONAL MOBILE DATA TERMINAL SOFTWARE FOR THE POLICE
DEPARTMENT.
BACKGROUND AND ANALYSIS
The Police Department currently utilizes USA Software, Inc. as the proprietary vendor for record
management, mobile reporting, and GIS mapping. In 2001, the U.S. Department of Justice Local
Law Enforcement Block Grant was awarded to the Department for an upgrade of the system to
add mobile data terminals to the Police Department's patrol cars.
An extensive search and study of the mobile computing issue has revealed that the most cost
effective, productive plan is to utilize USA Software Inc. to provide the necessary infrastructure,
software, hardware and technical support for the project. The total expenditure of $20,000 will
provide five (5) software licenses and equipment for five (5) laptop computers to be shared from
shift to shift.
Productivity will increase as patrol officers obtain the ability to query state and national crime
information systems for wanted persons, vehicles and articles. They will also have car to car
instant email capabilities, the capability of writing and submitting incident reports and field access
to the department's "in-house" records.
Further expansion of the system would include voiceless computer aided dispatching to enhance
our already excellent response times and field report writing_
Funding for this project will come from the following source:
106- 0000 - 131 -6520 (Law Enforcement Block Grant) $20,000
With this purchase account number 106- 0000 -131 -6520 will show this place:
Current balance: $40,732
Purchase item: 20,000
New Balance: $20,732
RECOMMENDATION
Approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $20,000 TO
USA SOFTWARE INC., FOR THE PURCHASE OF ADDITIONAL
MOBILE DATA TERMINAL SOFTWARE FOR THE POLICE
DEPARTMENT.
WHEREAS, the Police Department currently utilizes USA Software, Inc. as the
proprietary vendor for records management, mobile reporting, and GIS mapping; and
WHEREAS, in 2001 a U.S. Department of Justice Local Law Enforcement Block Grant
2001 was awarded to the Department to add mobile data terminals to patrol cars; and
WHEREAS, an extensive search has revealed that the most cost effective, productive plan
is to utilize USA Software Inc. to provide the necessary infrastructure, software, hardware and
technical support for this project.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is authorized to disburse a sum not to exceed the
amount of $20,000 to USA Software Inc., from the following accounts:
106 -0000 -131 -6520 (Law Enforcement Block Grant) $20,000
Section 2. That this resolution be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FROM:
CITY ATTORNEY
COMMISSION' VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
i
USA Sot », area, l nc..
804
792156
t
t
9904 Offr1li
19 Road, Suite 305
Cooper Gi
' , Fi 33024
(954) 436-.011
Agency: South Miami Police Department
Attention:
EWI&n Edney
Address: 6130 Sunset Drive
phone: (3
1663 -8384
1
City: South Miami, rL 33143
Fax:
I
Date: 111
4101
•
j
Crime File 200 Information aaspoment System
Mobile Data System Upgrade to E fisting USA Software RM5
F •
•;
t :P�.►^�pf4t� o ,
L
. M1(.cQdelP ,
South Miami Police Dept. MDT ,5In le Unit Add -on
Cerulean Software
PCS 1
Cerulean Packet Cluster Server oftware 1 seat
$
1,200.00
5
PCM4 -1
Cerulean Packet Cluster Mobile software -1 unit
$
995.00
5
Sy. I
Cerulean State Interface Software- I seat
$
110.00
5
Maint
Cerulean Server Maintenance W I -1 Seat
$
220.00
5
Maint
Cerulean Client Maintenance -1i . t -1 Seat
$
180.00
5
Maint
Cerulean State Interface Mainte ante - Yr.1
$
20.00
5
USA Software
LISA MDT
USA / Cerulean Client Interface
USA-PM
USA Software Project Management
USA -Maint
USA Software Annual Support A reement
Hardware
$6,000.00
$4,975.00
$550.00
$1,100:00
$900.00
$100.00
$13,625.00
$3,000.00
1/000555 AirCatd 350 1 675.00 5 $3,375.00
Notes:
1. Price quote valid for 90 days.
21 Terms are 50% dawn with order, not on delivery.
i
3,375.00
Total $20,000.00
RR
Ms
/
r
W
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Charles Scurr ,
City Manager
REQUEST
Date: November 12, 2001
Re: Agenda Item o
Commission Meeting 11 /20 /2001
Authorization to Upgrade Police Dept.
Computer Technology with Purchase of
Mobile Data Terminal from Dell Computer
Corporation.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM
NOT TO EXCEED $8,084 TO DELL COMPUTER CORPORATION, FOR THE PURCHASE
OF ADDITIONAL MOBILE DATA TERMINALS FOR THE POLICE DEPARTMENT.
BACKGROUND AND ANALYSIS
The Police Department currently utilizes USA Software, Inc. as the proprietary vendor for record
management mobile reporting and GIS mapping. In 2001, the U.S. Department of Justice Local
Law Enforcement Block Grant was awarded to the Department for an upgrade of the system to
add mobile data terminals to the Police Department's patrol cars.
An extensive search and study of the mobile computing issue has revealed that the most cost
effective, productive plan is to utilize Dell Computer Corporation to provide the necessary Mobile
data terminal for the project. The total expenditure of $8,084 will provide four (4) laptop
computers to be shared from shift to shift.
Productivity will increase as patrol officers obtain the ability to query state and national crime
information systems for wanted persons, vehicles and articles. They will also have car to car
instant email capabilities, the capability of writing and submitting incident reports and field access
to the department's "in- house" records.
Through an extensive search of available companies, it was Dell Computer Corporation that
offered an advanced computer for less than the proposed computers from USA Software. In the
process the Police Department was able to increase the number of laptops from twelve to
fourteen.
Further expansion of the system would include voiceless computer aided dispatching to enhance
our already excellent response times and field report writing.
Funding for this project will come from the following source:
106 -0000 -131- 6520 (Law Enforcement Block Grant) $8,084
With this purchase, account number 106- 000 -131 -6520 will show this balance:
Current Balance: $20,732
Purchase Item: 8,084
New Balance: $12,648
RECOMMENDATION
Approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $8,084 TO
DELL COMPUTER CORPORATION, FOR THE PURCHASE OF
ADDITIONAL MOBILE DATA TERMINALS FOR THE POLICE
DEPARTMENT.
WHEREAS, the Police Department currently utilizes USA Software, Inc. as the
proprietary vendor for records management, mobile reporting, and GIS mapping; and
WHEREAS, in 2001 -a U.S. Department of Justice Local Law Enforcement Block Grant
2001 was awarded to the Department to add mobile data terminals to patrol cars; and
WHEREAS, an extensive search has revealed that the most cost effective, productive plan
is to I utilize Dell Computer Corporation to provide the necessary mobile terminals for this project.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is authorized to disburse a sum not to exceed the
amount of $8,084 to Dell Computer Corporation from the following accounts-
106-0000-131-6520 (Law Enforcement Block Grant) $8,084
Section 2. That this resolution be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FROM:
CITY ATTORNEY
APPROVED.-
MAYOR
COMMISSION VOTE-
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
70036031
DELL
Date: 11/18/01 6:45:08 AM
Page 1 of 2
TOTAL QUOTE AMOUNT:
QUOTATION
QUOTE #:
70036031
Customer #:
3167471
Quote Date:
11115101
Customer Name:
CITY OF SOUTH MIAMI
TOTAL QUOTE AMOUNT:
$8,084.00
SYSTEM PRICE: $2,021.00
GROUP TOTAL: $8,084.00
Product Subtotal:
$8,084.00
Base Unit:
Latitude C6101. OGHz, Pentium111,14.1,XGA,NIG,English (220 - 9603)
Tax:
$0.00
Keyboard:
Grey NMB PS2,104,610in,3 ButtonKeyb6ard,For Dell Latitude Notebooks,Tied (3105103)
Shipping & Handling:
$0.00
Hard Drive:
10GS Hard Drive,9.5MM for DeIILa*de C6001C=10610 Notebooks,Factory Install (340 -7942)
Shipping Method:
Ground
Total Number of System Groups:
1
GROUP: 1
QUANTITY: 4
SYSTEM PRICE: $2,021.00
GROUP TOTAL: $8,084.00
Base Unit:
Latitude C6101. OGHz, Pentium111,14.1,XGA,NIG,English (220 - 9603)
Memory:
128M13,1 DIMM,SDRAM for Dell ,Latitude C810/C610 /C400 Notebooks,Factory Install (311- 2032)
Keyboard:
Grey NMB PS2,104,610in,3 ButtonKeyb6ard,For Dell Latitude Notebooks,Tied (3105103)
Mon . itor:
GREY Dell 17in E77112,16.0in Viewable Image Size,Color Monitor,for Dell Latitude Notebooks,Tied
(320.3652)
Hard Drive:
10GS Hard Drive,9.5MM for DeIILa*de C6001C=10610 Notebooks,Factory Install (340 -7942)
Operating System:
Windows 2000,Service Pack 1, English for Dell Latitude C61ONotebooks,Factory Install (420 -2314)
Mouse:
Grey Logiitech PS2,6Pin,2 Button Mouse for Dell LatitudeNotebooks,Tied (310. 5570)
Modem:
Internal 56K Modem for Dell Latitude C610: Notebooks, Factory Install (313.6206)
CD -ROM or DVD -ROM Drive.
24X CD- ROM,Intemal/Extemal, For Del) Latitude C- Series'; Notebooks,Factory Install 1(313-0249)
Documentation Diskette:
CIPORT2, V3, Advanced Port Replictor w/Mo nitor Stand for Dell Latitude C- series
Notebooks,Factory Install (310.4801)
Option 1:
8-Cell Primary Battery for Dell Latitude COOOIC6001C610 Notebooks,Factory Install
Option 2:
Classic Nylon Carrying Case for Dell Latitude C800IC8101 CGOOICSOGIC610 Notebooks, Packaged
with 'System (310.5271)
Service:
Next Business Day and CompleteCare Service, initial Year (902 -3920)
Service:
Next Business Day and CompleteCare Service, 2 Year Extended (9023922)
Misc:
Windows NTi2000,NTFS File System,Factory Install (420 -0153)
file : / /C:\WINDOWS \Temporary Tnternet Fi1es \0LIT2A3 \Quote 70036031.HTML 11/16/01
70036031
Page 2 of 2
TOTAL QUOTE AMOUNT:
Product Subtotal:
$8,084.00
$8,084.00
PHONE:
800 - 981 -3355
Tax:
$0.00
Phone Ext:
46911
Shipping & Handling:
$0.00
Shipping Method:
Ground
Total Number of System Groups:
1'
SALES REP:
TERRY W WILLIAMS
PHONE:
800 - 981 -3355
Email Address:
Terry__1k_Williams@Dell.com
Phone Ext:
46911
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order.' You may also
place your order online at .dell.com /quote
This quote is subject to the terms of the agreement signed by you and Dell, or absent such
agreement,
is subject to the applicable Dell terms and conditions agreement.
Prices and tax rates are valid in the U.S. only and are subject to change.
All product and pricing information is based on latest information available. Subject to change
without
notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset'Recovery Services group for EPA compliant disposal
options at US—DFS—AssetRecovery@dell.com. Minimum quantities may apply.
file://CAVVINDOWS \Temporary Internet Files \OLK2A3\Quote 70036031.HTMI, 11/16/01
MEMORANDUM
To: Honorable Mayor, Vice May Date
and City Commis,7m,
From: Charles Scurr
REQUEST
Re:
November 20, 2001
Agenda Item (0
CRA BOARD APPOINTMENT
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY
REDEVELOPMENT AGENCY BOARD, APPOINTING MARIE BIRTS-
COOPER TO SERVE FOR AN UN-EXPIRED TERM ENDING NOVEMBER
17, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND
QUALIFIED; PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached resolution sponsored by Mayor Robaina, appoints Marie Birts-Cooper to serve on
the CRA Board for an unexpired term ending November 17, 2002 or until a successor is duly
appointed and qualified.
RECOMMENDATION
Approval is recommended.
I RESOLUTION NO.
0)
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT
5 AGENCY BOARD, APPOINTING MARIE BIRTS - COOPER TO SERVE FOR AN
6 UN- EXPIRED TERM ENDING NOVEMBER 17, 2002 OR UNTIL A SUCCESSOR
7 IS DULY APPOINTED AND QUALIFIED.; PROVIDING FOR AN EFFECTIVE
8 DATE.
10 WHEREAS, The Mayor and Commission voted to expand the current five-
ii member Community Redevelopment Agency (CRA) Board of Commissioners to
12 seven members, in accordance with 163.357 F.S.; and
13
14 WHEREAS, the Miami -Dade County Board of Commissioners further
15 defined the criteria for appointment of the two additional members by requiring
16 that the two non- elected members of the CRA Board must reside within the CRA
17 area; and
1s
19 WHEREAS, Ms. Charete B. Plummer resigned from the Community
20 Redevelopment Agency (CRA) effective November, 2001; and
21
22 WHEREAS, Mrs. Marie Birts- Cooper has demonstrated a genuine desire
23 to contribute to her community and has served on the City's Commission For
24 Women and the Development Action Committee.
25
26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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29 Section 1. The City Commission hereby appoints Marie Birts- Cooper to
30 the Community Redevelopment Agency Board to fill an un- expired 'term ending
M November 17, 2002 or until a successor is duly appointed and qualified.
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Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 12001.
ATTEST:
CITY CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel;
Commissioner Russell:
<,)... fe
•ts .....
CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATIOM
6130 Sunset Drive Phone No. 305- 663 -6340
South Miami, FL 33143 Fax No. 305- 663 -6348
1. Name: `� �Y, I S U `
I (Please print)
2. Home Address:5o W a Cc 33�
3. Business Address: % ®I S 4 riS t-t O &d. � 3 31, 3
4. Home Phone No. 30 J -9156 Business Phone No. L3a 5' 66- -1000
Fax No. •o5' -666 0175
5. Education Background: ,,l "),/ /`
6.
r
8. Are you a registered voter? Yes y No
9. Are you a resident of the City? Yes !/ No
10. Do you have a business in the City ?' Yes No
;i
11. Ethnic Origin?
White Non-Hispanic African American I/ Hispanic American_ Other
6.Signature G Date
plicant
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revived 6101
n
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: November 20, 2001
and City Commission
From: Charles Scurr Re: Agenda Item 7
City Manager Personnel & Merit Board Appointments
REOUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; APPOINTING DONNA G. MASSON
TO SERVE ON THE PERSONNEL AND MERIT BOARD FOR A
TWO YEAR TERM ENDING NOVEMBER 209 2003 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached resolution sponsored by Mayor Robaina, appoints Donna G. Masson to the
Personnel and Merit Board for two -year terms ending November 20, 2003
RECOMMENDATION
Approval is recommended
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING DONNA G. MASSON TO SERVE ON
THE PERSONNEL AND MERIT BOARD FOR A TWO YEAR TERM
ENDING NOVEMBER 20, 2003 OR UNTIL A SUCCESSOR IS DULY
APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
recognize the important contributions made by those who serve on the various city boards
and committees, and wish to appoint a full complement to each of the active boards and
committees; and,
WHEREAS, the Mayor and City Commission desire to appoint Donna G. Masson
to serve for a two year term on the Personnel and Merit Board. This appointment shall
expire November 20, 2003 or until a successor is duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
Section 1. The City Commissioner hereby appoints Donna G. Masson to the
Personnel and Merit Board.
Section 2. The expiration daze for this appointment shall expire November 20,
2003 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Wiscombe:
Additions shown by underlining and deletions shown by wwstril g.
- -T
ovuuc ivi axiaau
F l o r
i d a
SWAM"" 011
2001
CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATIOM
i
6130 Sunset Drive Phone No. 305- 663 -6340
South Miami, FL 33143 Fax No. 305- 663 -6348
1. Name: Donna G. Masson j
(Please print)
2. Home Address: 7523 S. W. 95 Place, Miami, Fl. 33173
3. Business Address: 6410 S. W. 80 Street S. Miami, Fl. 33143
i
4. Home Phone No. 305 - 279 -7910 Business Phone No. 305- 661 -1621
Fax No. 305 -666 -0508
5. Education Background: e -mail: dmasson chambersouth
Gradrnate Miami Senior HS Com
MDCC
Chamber of Commerce Institute
SunTrust Bankinp-.Institute
6. Community Service:
See Attached Bio
8. Are you a registered voter? Yes XX No
9. Are you a resident of the City? Yes No XX
10. Do you have a business in the City? Yes XX No
11. Ethnic Origin?
White Non - Hispanic xx African American'_ Hispanic American_ Other
Signature Date�� ' • (1,
Applicant
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 6101
, .7 . �.. r � ,.
Donna Masson
The President of one of Florida's largest local chambers of commerce
is Ms. Donna Masson. As the president of Chamber South, she has
overseen the explosive growth of the business organization.
Masson became the president in more difficult times, shortly after
Hurricane Andrew devastated the business organization's service
area, as well as its Perrin office. Chamber South reopened in Perrine
and has offices in South Miami bringing easy access to members in
the Chamber's service area.
Masson served as chair of the Coalition of Dade County Chambers of
Commerce, Board of Directors of The Beacon Council, the Miami -
Dade Enterprise Zone Advisory Council, board of director for the
Jobs and Education Partnership for Miami -Dade and Monroe
Counties and the South Dade Neighborhood Advisory Committee for
the Community Partnership For The Homeless. Masson also is a
member of the City of South Miami Commission on the Status of
Women as well as serving on Homestead Job Corp Advisory Board.
She is also a Fellow in the South Florida Historical Society. She has
been awarded the Women Leading The Way award by the New
Woman Entrepreneur Center.
Formerly a manager with Sun Bank and First Union Bank, Masson
has been with the Chamber for ten years. She previously served as a
board member and Trustee of the organization. Masson is a Dade
County native. Her husband, Stephen, is also well -known as a
community leader. Masson has three grown children: Stephen Jr.,
Scott and Christina.
MEDIA ONLY For more information, contact Paul Vrooman at 661-
1621.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission
From: Charles D. Scurr
City Manager
REQUEST:
Date: November 14, 2001
Agenda Item # 4
Comm Mtg. 11 -20 -01
Re: Authorization to execute Agreement for
Routine Canal'' Maintenance with Miami -
Dade County.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH MIAMI -DADE COUNTY FOR A ONE YEAR ROUTINE
MAINTENANCE OF THE LUDLAM GLADES AND BROAD CANAL FOR AN AMOUNT
NOT TO EXCEED THIRTY -EIGHT THOUSAND NINE HUNDRED THIRTY -ONE
DOLLARS ($38,931), PROVIDING AN EFFECTIVE DATE.
BACKGROUND:
We have negotiated the attached one -year agreement with Miami -Dade County for routine
maintenance of Ludlam Glades and Broad Canal systems. Unlike the previous agreement
without a cost cap for the maintenance, this agreement was negotiated for $38,931. With this
agreement, Miami -Dade County will provide Culverts (above & below) maintenance, Chemical
Treatment and .Obstruction Removal services during the year. In addition to the services to be
provided by Miami -Dade County, we are currently requesting for proposals from private
contractors for Trash/Debris removal, Biological Control, Bacteria Monitoring, Water Testing
and Border Grass & Brush Control to water's edge. As a result, this is the beginning of a
comprehensive routine maintenance program for the canal system with the City.
RECOMMENDATION:
It is recommended that the City Commission approve the funding for the work to be performed.
ATTACHMENTS:
• Proposed Resolution
• Copy of Agreement with Miami -Dade County
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RESOLUTION No.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH MIAMI -DADE COUNTY FOR A ONE YEAR ROUTINE
MAINTENANCE OF THE LUDLAM GLADES AND BROAD CANAL FOR AN AMOUNT
NOT TO EXCEED THIRTY- EIGHT THOUSAND NINE HUNDRED THIRTY -ONE
DOLLARS ($38,931).
WHEREAS, the Mayor and City Commission of the City of South Miami, Florida, wishes to
provide routine canal maintenance along the Miami -Dade County canal (Ludlam Glades and
Broad canal) systems within the City; and
WHEREAS, a Memorandum of Agreement has been created between Miami -Dade County and
the City of South Miami for the purpose of sharing the cost of the routine maintenance; and
WHEREAS, Miami -Dade County shall provide canal maintenance services as set forth in the
Memorandum of Agreement for the Ludlam Glades Canal, from SW 52nd Street to SW 80th Street
and for the Broad Canal from South -side of SW 58th Street culvert to SW 64th Street; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, that:
Section 1: The City Manager is authorized to enter into an agreement with Miami -Dade County
for the routine canal maintenance.
Section 2: That the City Manager is authorized to expend the amount not to exceed $38,931 from
the Stormwater Budget for the two maintenance cycle of Culverts - above, two maintenance cycles
of Culverts - below, four cycles of Chemical Treatment and two cycles of obstruction removal.
Section 3: That the attached Memorandum of Agreement for the Canal Maintenance between
Miami -Dade County and City, be made a part of the resolution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2001.
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement by and between Miami -Dade County Stormwater Utility (Utility) and
the City of South Miami (City) is made for the purpose of sharing the costs of routine maintenance of
the Miami -Dade County canals that serve the City of South Miami.
The canal maintenance responsibilities and agreement conditions for the City of South Miami and the
Miami -Dade County Stormwater Utility are as follows:
1 .- This Agreement is effective October 1, 2001 and terminates September 30, 2002.
2 :- Definition of terms:
Culvert Cleaning Above Water: Shall mean removing litter and mowing the grass over the
width of the right-of-way in the area immediately over the existing culvert, as well as, removing
floating debris at the culvert mouth.
Culvert Cleaning Below Water: shall mean mechanically removing large debris and materials
deposited immediately in front of the culvert mouth as well as within the culvert pipe itself.
Herbicide Chemical Treatment (Aquatic Weed Control): shall mean application of herbicides in
secondary drainage canals to reduce the amount of aquatic vegetation for the purpose of providing
adequate flow for. flood protection purposes.
Mechanical Harvesting (Aquatic Weed Control): shall mean the physical removal of aquatic
vegetation for the purpose of providing adequate flow for flood protection purposes. This service can
only be performed in certain secondary drainage canals where access, canal depth and water depth
allow the specialized equipment, required for this service, to be used.
Bank Slope Mowing shall mean occasional mowing of certain canal banks within canal right -
of -ways and canal maintenance easements, where access is not prohibited; the purpose of which is to
abate the growth of woody vegetation that would prohibit access to the canal by large maintenance
equipment in the event of a natural disaster, or other emergency.
Obstruction Removal: shall mean the elimination of water flow restrictions caused by large
debris or fallen trees, in order to provide adequate flow for flood protection purposes.
3 Costs provided below are projected costs at the cycles per year indicated, and are the maximum
costs authorized under this Agreement.
4 .- The CITY and the UTILITY will each pay their share of the actual expenses incurred, not
exceeding the authorized maximum amount shown in paragraph 5.
5 .- The Utility shall provide canal maintenance services as set forth below for the Ludlam Glades
Canal, from SW 52 Street to SW 80 Street and for the Broad Canal from the South side of 58 Street
culvert to 64 Street, up to the level of cycles and cost projected below:
Memorandum of Agreement
Page 2 of 2
Projected Ludlam Glades Broad
Task Cycles /Year Cost/Year Cost/Year
Culverts above 2 $3,500 $1,000
Culverts below 1 $5,400 $1,300'
Chemical 4 $42,800 $11,300
Obstruction Removal' 2 $1,500 $1,500
Slope Mowing 0 0 0
$53,200 $15,100
Sub -Total FY 2001 -2002 $68,300
The City of South Miami share of the above cost is 57 % of $68,300 = $38,931
' The City may elect to remove obstructions with City resources, and not incur this cost through
the County, or County resources will provide this service at the stated cost basis. Either the City
or the County may call for obstruction removal.
6 . Any increase in the level of service above the level of service stated in paragraph 5 shall be
mutually agreed upon, in writing, by the Miami Dade County Stormwater Utility and the City of South
Miami, and the additional cost associated with the agreed increase in the level of service shall be
likewise mutually agreed upon.
This Memorandum of Agreement is agreed upon by the parties signing below:
City of South Miami, Florida
Charles D. Scum ' Date
City Manager
Miami -Dade County Stormwater Utility
Steve Shiver Date
Miami -Dade County Manager
A' ,or
' 11CORPORATEO
1927
A 2001
�ta[tI�
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Honorable Mayor Date: November 16, 2001
and City Commission
From: Charles D. Scurr Subject: Agenda Item #'
City Manager Commission Meeting 11/20/01
Miami -Dade Dept of Human
Services Grant for PARE
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF AN ADDITIONAL $50,000 IN
OUR GRANT FROM THE MIAMI -DADE COUNTY DEPARTMENT OF HUMAN SERVICES
YOUTH CRIME TASK FORCE PROGRAM; 'AUTHORIZING THE CITY MANAGER TO
EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
In August 2000, the City of South Miami was awarded a $25,000 grant from the Miami -Dade County
Department of Human Services' Youth Crime Task Force (YCTF) Program. This award allowed the City
to hire -part -time personnel to staff the Prevention through Academic and Recreational Excellence (PARE)
Program. This funding was vital to enhancing the services provided through PARE, and we were sorry to
hear that the County Commission would be discontinuing the County's Youth Crime Task Force Program
after July 31, 2001
Fortunately, the County Commission soon learned of the many vital services provided to youths
countywide as a result of the YCTF Program. In September they decided to fund the program again in the
County budget. The Department of Human Services has been very happy with our performance, and
consequently it has doubled our funding from $25,000 to $50,000. The contract's new end date is July
31, 2002.
The attached resolution would allow the City Manager to execute the amended contract, reflecting the
new grant amount.
RECOMMENDATION
Your approval is recommended.
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF AN
5 ADDITIONAL $50,000 IN OUR GRANT FROM THE MIAMI -DADE COUNTY
6 DEPARTMENT OF HUMAN SERVICES YOUTH CRIME TASK FORCE PROGRAM;
7 AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS
8 AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
9
10 WHEREAS, in August 2000 the City of South Miami was awarded a $25,000
11 grant from the Miami -Dade County Department of Human Services' Youth Crime Task
12 Force Program, to provide additional after school juvenile crime prevention services
13 through our Prevention through Academic & Recreational Excellence (PARE) Program;
14 and
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16 WHEREAS, the Mayor and City Commission' strongly agree with the Youth
17 Crime Task Force objectives of providing programs that offer our youths the
18 opportunities to attain sufficient self - growth, development and confidence to remain in
19 school; and
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21 WHEREAS, the Department of Human Services has found the PARE Program's
22 performance to be exemplary and has allocated an additional $50,000 for PARE.
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24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI:
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27 Section 1. The City Manager is authorized to execute contracts and
28 documents applicable to the acceptance of this Youth Crime Task Force Program Grant.
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30 Section 2. This resolution shall take effect immediately upon approval.
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32 PASSED AND ADOPTED this day of 12001.
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34 ATTEST: APPROVED:
35
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37 CITY CLERK MAYOR
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39 Commission Vote:
40 READ AND APPROVED AS TO FORM: Mayor Robaina:
41 _ Vice Mayor Feliu:
42 Commissioner Bethel:
43 Commissioner Russell:
44 Commissioner Wiscombe
45 CITY ATTORNEY
eDHS't i
October 31, 2001
I
Mr. Charles D. Scurr
City of South Miami
6130 Sunset Drive
Miami, FL 33143
Dear Mr. Scurr:
Attached for execution is Amendment #1 to your FY 2000 -2001 community
I based agreement. This Amendment extends the time of your contract from
August 1, 2000 to July 31, 2002 and increases the amount payable from $25,000
to $75,000:
Please return all five executed copies with original signatures on each to this
office by November 12, 2001.
Please contact your Contract Officer, Vigermina Vega at (305) 375 -5793 if you
have any questions.
Sincerely,
CRichard W. Harris, Jr., Director
Contract Management Division
I
_f
Miami -Dade County
Department of Human Services
Contract Management Division
STEPHEN P CLARK CENTER
1 t 1 N.W. FIRST STREET; SUITE 2130
NIIAMI, FL 33123 -1985
(305) 375 -5415 t
FAX (305) 375-5311 1�U
7a �
.IA. I -DADE ]
Miami -Dade County by and through its Department of Human Services located at
111 NW 1" Street, Suite 2210, Miami, Florida 33128 (hereinafter called "the County ") and
City of South Miami located at 6130 Sunset Drive, Miami, Florida 33143 (hereinafter called
"the Provider ") hereby agree on this day of 200 to amend the
Agreement dated October 2, 2000 between the County and Provider (hereinafter called
"the Agreement ") and therefore makes the following recitals.
WHEREAS,_ the County and the Provider entered into the Agreement for the
provision of Crime Prevention Services; and
WHEREAS, the Agreement allows for amendment by written consent of the County
and the Provider,
NOW, THEREFORE, in consideration of the mutual covenants recorded herein and
made part of this Amendment,' the County and the Provider agree to the amendments as
follows:
1. Article IV, "AMOUNT PAYABLE, shall be stricken in its entirety and replaced with
the following Article IV, AMOUNT PAYABLE:
Subiect to available funds, the maximum amount payable under this agreement
shall not exceed $75,000. The parties agree that should funding to the County be
reduced, the amount payable under this Agreement may be proportionately reduced
at the option of the County.
2. Attachment A of the original agreement shall be stricken in its entirety and replaced
in its entirety with Attachment A of this Amendment, which has been designated
Attachment A, Amendment #1.
3. Attachment B of the original agreement shall be stricken in its entirety and replaced
in its entirety with Attachment B of this Amendment, which has been designated
Attachment B, Amendment #1.
4. Article ILI, EFFECTIVE TERM, is amended to read as follows: Both parties agree that
the effective term of the Agreement shall be from August 1, 2000 to July 31 2002.
Page 2 of 3
FY 2000 -01 Amendment #1
I
5. Attachment D, Miami -Dade County 'Affidavits of the original agreement shall be
stricken in its entirety and replaced in its entirety with Attachment D of this
Amendment, which has been, designated Attachment D, Amendment #1.
6. Attachment D1, Code of Business Ethics is hereby made a part of the Agreement
and is binding upon the County and Provider.
7. Attachment D2, Miami -Dade Debarment Disclosure Affidavit is hereby made apart
of the Agreement and is binding upon the County and Provider.
8. Attachment D3, Miami -Dade Living Wage Affidavit is hereby made a part of the
Agreement and is binding upon the County and Provides.
I
9. If any conflict in language exists between the Agreement and this Amendment #1,
the language in this Amendment #1 shall prevail.
10. All terms and conditions of the Agreement not affected by this Agreement #1 are
still in full force and effect.
I
11. This Amendment #1 is hereby made a part of the Agreement and is binding upon
the County and the Provider.
i
i
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Page 3 of 3
FY 2000 -01 Amendment #1
IN WITNESS WHEREOF, the parties hereto have caused this three (3) page
amendment to be executed by their officials thereunto duly authorized,
(SEAL)
ATTEST: CITY OF SOUTH MIAMI
AGENCY
By:� By:
(Signature of Authorized Representative) (Signature of Authorized Representative)
y�
t-1te 't. ta
Type or Print Name Type or Print Name
Witnesses:
By: By
(Signature) (Signature)
Type or Print Name Type or Print Name
ATTEST: MIAMI -DADE COUNTY, FLORIDA
HARVEY RUVIN, CLERK
By: By:
DEPUTY CLERK STEVE SHIVER
COUNTY MANAGER
-;,r, -„n a-- ,.- r--- ,, -_„—_ ,. ., , ., ,". <,'?f'w.rr. .- m. �c ..a- -^- -F-- ,^^'i— .sc}.sj.?n. —gyp-" _. •: +-nurTr-rF'
_ ATTACHMENT A
AMENDMENT #1
I
Miami -Dade Department of Human. Services
Miami -Dade Youth Crime Task Force
Scope of Services SECOND YEAR
Name of Organization: City of South Miami
Address: 6130 Sunset Drive. , South Miami Florida 33143
Phone Number: 305- 668 -7352 Fax Number: 305.663 -6345
Contact Person: Daisy Harrell, Education Director,
Agreement Amount: $50,000 Agreement Period: August 1, 2001 to July 31, 2002
SECTION II: NARRATIVE
Describe the organization's goal: The City of South Miami's goal is to maintain the highest
levels of excellences integrity and inclusion in the provision of municipal services. Specific to
this application, the
City of South Miami's goal is to enhance the services provided to at -risk .Your.
I . What do you propose to do with the funding:The City of South Miami has long been
committed to juvenile crime prevention. In 1998 the City of South Miami expanded its juvenile
crime prevention efforts by creating the Prevention through Academic and Recreational
Excellence (PARE) program. PARE strives to "pare" the number of South Miami children
entering the juvenile justice system by (1) increasing the number of school children served by
The After School House and (2) reaching additional school children through formal recreation
programs.
This funding request would allow PARE to ;hire (1) part time educational recreation leader, (1)
---+ +:-- ,.k..,. ,.,1 -A--+:— ♦n , .t.._ --A rt \ ---4 E :...,,. —w- P, TL- n:4.....
crime.
2. Describe the strategy to be used in implementing this program: The City of South
instruction and supervision.
3. Describe how your strategy will reduce crime and prevent violence: By serving
Youth who have been assessed and classified as At -Risk and a threat to public safety wy hope to
provide them with structured, supervised environment where they can increase academic
competence, interpersonal skills, and experience positive self- expression that will enable them to
f
avoid criminal or violent behavior.
4. Describe how your strategy is consistent with the priorities identified by the Miami
Dade Crime Task Force: The addition of the three (3) positions to PARE would strengthen
the program's existing ability to effect several County identified priorities especially those
included in the "Preliminary Recommendations to the Board of County Commissioners 1997" f
written by the Miami -Dade County Youth Task Force including:
That Metro -Dade County prioritizes youth crime prevention strategies that address
known risk factors within the community within the family, within the schools and
within' individuals and their peers:
...implement proven strategies to strengthen protective factors against health and
behavior problems impacting high risk children and families "b -providi
ng information
and training and by building consensus among community based organizations service
providers and institutionaL private' and 'public sector leaders professionals and
volunteers:
. involve parents, children and other familyihousehold members in comprehensive early
intervention programming utilizing both proven and developmentally appropriate
strategies targeting and kindergarten elementary and middle age school children
...ensure coordination of services eliminate duplication and foster collaboration among
agencies. and
...provide appropriate programming' for youth who exhibit known risk factors for future
dehnquency /cnmmahty
5. Describe Target population to include geographical area, gender, and risk' factor(s) as
cited by the Miami -Dade Youth Crime Task Force Preliminary Recommendations to the Board
of County Commissioners (1977)• The Target Population served is the children of residents in
the area of the ON known as Lee Park The age of the children is 5 to 14 and comprises both
boys and girls. Lee Park is an urban residential neighborhood' comprised of a predominantly
minority population which experiences many of the socioeconomic problems associated with
the urban/mner -crtv environment including crime drugs. single parent families truency and a
high drop -out rate. This is the highest at- risk rau_ 'lation Eigh five percent of the children
residing in this area have a learning disabiliV, reading deficit or attention deficit-(Please refer
to Section 4 for risk factors as cited by the Miami -Dade Youth Crime Task Force Prelimin
Recommendations -to the Board of County Commissioners (1007)
.. TTt
SECTION III: PROFILE OF SERVICES
1. Workload measures (detail type of service and number of clients to be served in each
category of service):
TYPE OF SERVICE NUMBER SERVED
HOURS
Tutoring and Student Support (Help with homework) 150
Mon -Thu
4hrs /day
Recreational /athletic after school 150
Mon -Thu
4hrs/day
Counseling Services (Individual and Family. therapy) 75 Indiv & Families
Mon -Thu
4hrs/day
3 Teachers (Part Time) 150
Mon -Thu
4hrs/day
2. Unit Cost (Detain unit cost for service): Currently the City of South
Miami spends
approximately $150,000 per year to staff and operate PARE Since approximately
150 children
are served, PARE's annual cost is approximately .$1 000 per child, per year. The addition of 3
PT. Teacher will increase the unit cost to approximately $1,166 child served for the duration of
the contract period (one vear). The unit cost for this grant is $166.00 per child per
year.
SECTION IV: STATEMENT OF OBJECTIVES (objectives must be measurable, and
specific. Please quantify and note time frame for completion of each objective.)
aKalllbL Yvudn cnme
Some of PARE's existing objectives include
• To encourage children to stay in school by teaching them how to succeed in classroom
• To involve at least ` 100 high school and collage students as mentors /tutors.
• Improve students GPA's.
• 70% of students will have perfect attendance in the PARE program,
• Reduce the % of students in the program from entering the juvenile justice system.
JC
Signature and Title of Person Completing Form Printed Name and Title
SECOND YEAR
Attachment H - Evaluation City of South Miami
1. Describe the methodology to be used to determine if, and when the project's
objectives are being achieved. List the evaluation questions to be answered, the data
to be collected, the source of data, the method to be used to analyze the data and the
relevance of the measurements to the achievements of the project objective.
The methodology to be used to determine that the project's objectives are :being achieved
will be as follows:
Objective #1 To encourage, children to stay in school by teaching them to succeed in the
classroom.
Data Collection: Each America Reads teacher completes a sign -in, sign -out sheet
and time and date spent with each student.
* Data Source: Registration Forms and Summary Sheet
* Method used to analyze data: Each America Reads teacher's hours are collected from
the data collection form (sign -in, sign -out sheets) for a nine month period.
Attendance is kept on each youth from date of enrollment to end of reporting period to
determine if youth completed program.
* Relevance of the measurement to achieve the program objectives: To enable at -risk
youth to achieve positive self - expression, interpersonal skills and academic competence
and avoid criminal behavior.
Objective #2 To involve at least 100 high school and college students as mentors /tutors.
Data Collection: Each volunteer, mentor /tutor completes an application that is kept on
file. Each volunteers, mentor /tutor sign -in and out on a daily data sheet. This sheet is
used by staff to extract the total number of hours each tutor spent with a youth and the
activities they were engaged in at the After School Program facility.
Data Source: Daily Activity Log and Sign -In Sign -Out Forms.
Method used to analyze data: Each Volunteer has commited to a number of hours
to volunteer at one of the educational facilities. Staff compiles this data and a report is
generated to show total hours each volunteer completes.
Relevance of the measurement to achieve the program objectives:
The use of tutors, mentors, volunteers will enable at -risk children achieve positive self-
expression and academic competence.
Objective #3 Improve Students GPA's by 70 %:
Data Collection: Copies of Report cards and Progress reports of each child is
collected and kept on file to monitor his/her progress throughout the nine month period.
Data Source. Report Cards, Progress Reports, homework and other graded
papers by teachers.
Method used to analyze data: A comparison of report cards and progress reports
from one semester to another to determines if student improved` or not. This also helps to
determine the areas the child needs improvement in.
Relevance of the measurement to achieve the program objectives: the objective
is to keep youth in a supervised program on a regular basis after school and during recess
so they are less likely to engage in youth crime.
Objective # 4: 70 % of students will have perfect attendance in the PARE
Program:
Data Collection: The Daily Attendance log and the following Registration forms;
P.A.R.E. Participant Data Sheet, Program Pledge for Parent/Guardian of Participant form
and Participant Pledge Form. `' Staff collects the data forms from for each youth with all
necessary information needed to complete the spreadsheet.
Data Source: A spreadsheet is produced from the data collected that shows when each
child entered the program. The file is updated on a weekly basis from the daily log to
determine the completers of the program.
Method used to 'analyze data. The Program Pledge for Parent/Guardian Form,
signed by the parent is the consent by the parent for staff to receive report cards and
progress reports from the child's school, which is used to compare previous and current
attendance.
Relevance of the measurement to achieve the programs objectives:
The objective is to formalize existing and new partnerships with parents and schools in an
effort to achieve early intervention in preventing juvenile crime.
Objective #5: Deduce the number of students in the program from entering the
juvenile justice system by 70 %.
Data Collection: Collect attendance forms and compare to last years
Data Source: Summary of Attendance Sheets is given to Police Department conduct
client evaluation. This is compared to last year to determine results.
Method used to analyze data: Compare reports' annually through the South Miami
Police Department.
Relevance of the measurement to achieve the program objectives:
The objective is to reduce the number of youth that live in the City of South Miami from
entering the Juvenile Justice System.
2. Describe how the project will collect, store, process and report evaluation
data. Describe the project's management information system, technical resources
and staff resources for evaluation:
Regarding the project's management information, technical resources and staff resources,
The South Miami Parks and Recreation Department is part of the City's local area
network and is equipped with spreadsheet capabilities in MS Excel and access. Staff
members are available for evaluation of data: however, the City of South Miami hopes to
continue work closely with the County and the Department of Juvenile Justice to develop
appropriate evaluation measures and methodology.
Total Budget
DHS Grant $75,000
Other Miami -Dade Grants (specify) 0
Federal Grants (specify) 0
State Grants (specify) 0
Fees /Other Revenue (specify)
City Cash Contributions $164,332
Total Budget $239,332
SECTION III. ITEMIZED BUDGET
Describe each expenditure item. Be sure to write a subtotal where requested. If other funds
listed in Section II above are used to support this project, indicate the amount of funds budgeted
for the County grant, and the amount budgeted from other sources. The subtotals for County and
other funds should equal the total for each budget category.
The total proposed budget for the County funds on page (4) should equal the amount of County
funds awarded. The subtotals for County funds and other funds should reflect the total funds to
finance `this project on
FULL -TIME SALARIES
JOB TITLE/POSITION Bi- di, nnual,Salary County funds Other funds Total
Education Director $82,442 $12,500 $69,942 $82,442
Social Worker $82,442 $12,500 $69,942 $82442
SUBTOTALS. $25,000 $139,884 $164;884
• DIRECT SERVICE COSTS $239,332
(Total costs for equipment, supplies, personnel, etc. directly
related to the provision of services to clients /recipients)
• NON- DIRECT SERVICE COSTS $
(Total of itemized cost that are directly related to this project but
not directly related to direct services to clients)
• IN- DIRECT SERVICE COSTS $
(Administrative overhead expenses that the agency incurs as a
result of administering this component of the Agency's total operation
that are not directly identified as itemized costs of the project. These
costs include Executive Director, managerial staff salaries, fringes and other
overhead expenses.)
NOTE. Direct Service Costs, Non - Direct Service Costs and In- Direct Service Costs MUST equal
the total proposed budget for County funds.
Indirect Cost MUST NOT exceed 15% of TOTAL Budget.
I understand that while this information represents a projection, I must receive approval from
Miami -Dade Department of Human Services prior to exceeding any line item expenditure.
I
Authorized Signature Date
Print/Type Name & Title
i
ATTACHMI ENT D
Amendment #1
DEPARTMENT OF HUMAN SERVICES
CONTRACT MANAGEMENT DIVISION
MIAN11 -DADS COUNTY AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits
that pertain to this contract and shall indicate by an "N /A° all affidavits that do not pertain to this contract. All
blank spaces must be filled.
The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT;
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall
not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any
political subdivision or agency thereof or any municipality of this State. The MIAMI -DADE FAMILY LEAVE
AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the
State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the
"State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine
whether or not ' pertains to this contract.
T, a g5 5r , being first duly sworn state:
Affiant
The full legal ° name and business address of the person(s) or entity contracting or transacting business with
Miami -Dade County are (Post Office addresses are not acceptable):
F
Name of Er(tity, Individual(s), Partners, or Corporation
Doing Business As (if same as above, leave blank)
i r
street Address City State Zip Code
I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code)
1. If the contract or business transaction is with a corporation, the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or indirectly
five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a
partnership, the foregoing information shall be provided for each partner. If the contract or business
transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded
corporations or to contracts with the United' States or any department or agency thereof, the State or
any political subdivision or agency thereof or any municipality of this State. All such names and
addresses are (Post Office addresses are not acceptable):
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Full Legal Name Address Ownership
ni
70
2. ` The full legal narnes and business address of any other individual (other than subcontractors,
material men, suppliers, laborers, or lenders) who have, or will have; any interest (legal, equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
addresses are not acceptable):
3. Any person who willfully fails to disclose the information required herein, or who knowingly
discloses false information in this'regard, -shall be punished by a fine of up to five hundred dollars
($500:00) or imprisonment in the County jail for up to sixty (60) days, or both.
II. MIAMI-DADS COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90
133, Amending sec. 2.8 -1; Subsection (d)(2) of the County Code);
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require
the entity contracting or transacting business to disclose the following information. The foregoing
disclosure requirements do not apply to contracts with the United 'States or any department or agency
thereof, the 'State or any political subdivision or agency thereof or any municipality of this State.
I . Does your firm have a collective' bargaining agreement with its employees?
' Yes No
2. Does your firm provide paid healthcare benefits for its employees?
.,' Yes No
3. Provide a current breakdown (number of persons) of your firm's
work force and ownership as to race, national origin and gender:
White: Males S Females Asian: Males Females
Black: J,_R Males Females American Indian: Males Females
Hispanics: „fie Males zg Females Aleut (Eskimo): Males Females
. Males Females: Males Females
X III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinance 98 -30 codified at 2 -8.1.5 of the County Code.)
In accordance with County Ordinance No. 98 -30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract,
have; i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that
it does not discriminate in its employment and promotion practices; and ii) a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority
and women - owned businesses in its own procurement of goods, supplies and services. Such affirmative
action plans and procurement policies shall provide for periodic review to determine their effectiveness
in assuring the entity does not discriminate in its employment, promotion and procurement practices.
The foregoing notwithstanding, corporate entities whose boards of directors are representative of the
population make -up of the nation shall be presumed to have non- discriminatory employment and
procurement policies, and shall not be required to have written affirmative action plans and procurement
policies in order to receive a County contract. The foregoing presumption may be rebutted. `
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The requirements of County Ordinance No. 98 -30 may be waived upon, the 'written recommendation of
the County Manager that it is in the best interest of the County to do so and upon approval of the Board
of Counti Commissioners by majority vote of the members present.
The firm does not have annual gross revenues in excess of $5,000,000.
The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is
representative of the population make -up of the nation and has submitted a written, detailed
listing of its Board of Directors, including the race or ethnicity of each board member, to the
County's Department of Business Development, 175 N.W, lst Avenue, 28th Floor, Miami,
Florida 33128.
The firm has annual gross revenues in excess of $5;000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
reviews to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development ' 175 N.W. Is' Avenue, 28th Floor. Miami, Florida
33128;'
The firm does not have an affirmative action plan and/or a procurement policy as described
above, but has been granted a waiver.
IV. MIAMI -DARE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8;6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County has X
has not as of the date of this affidavit been convicted of a felony during the past ten (10) years.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County has K has not as of the date of this affidavit been convicted of a felony during the past
ten (10) years.
V. MIAMI -DADS EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No.
92 -15 codified as Section 2 -8.1.2 of the County Code)
That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, Florida, the above
named person or entity is providing a drug -free workplace. A written statement to each employee
shall inform the employee about:
I. danger of drug abuse in the workplace
2. the firm's policy of maintaining a drug -free environment at all workplaces
3. availability of drug counseling, rehabilitation and employee assistance programs
4. penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of the County or for the
health, safety, welfare, economic benefits and well -being of the public. Contracts involving funding
which is provided in whole or in part by the United States or the State of Florida shall be exempted
from the provisions of this ordinance in those instances where those provisions are in conflict with the
requirements of those governmental' entities.
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K VI. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.
142 -91 codified as Section 1 IA -29 et. seq of the County Code)
That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an
employer with fifty (50) or more employees working in Dade County for each working day during
each of twenty (20) or more calendar work weeks, shall provide the following information in
compliance with all items in the aforementioned ordinance:
An employee who has worked for the above firm at least one (1,) year shall be entitled to ninety (90)
days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close relative who has a serious health
condition without risk of termination of employment or employer retaliation.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
however, pertain to municipalities of this State.
X VII. DISABILITY NON- DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95)
That the above named firm, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor, or third party contractor under this project complies
with all applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction in the following laws: The
Americans with Disabilities 'Act of 1990 (ADA),! Pub. L. 101 -336, 104 Stat 327, 42 U.S.C.
12101- 12213 and 47 U.S.C. Sections 225 and 611 including Title (,',Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions;` The Rehabilitation Act of 1973, 29
U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing
Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to
contracts with the United States or 'any department or agency thereof, the State or any political
subdivision or agency thereof or any municipality of this State.
VIII. MIAMI -DARE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 2- 8.1(c) of the County Code)
Except for small purchase orders and sole source contracts, that above named firm, corporation,
organization or individual desiring to transact business or enter into a contract with the County
verifies that all delinquent and currently due fees or taxes - including but not limited to real and
property taxes, utility taxes and occupational licenses -- which are collected in the normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the firm, corporation, organization or individual have been paid.
IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrumentalities.
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X. PROJECT FRESH START (Resolutions R- 702 -98 and 358 -99)
Any firm that has a contract with the County that results in actual payment of $500,000 or more shall
contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent
(5 %) of the firm's work force consists of individuals who reside in Miami -Dade County and who have
lost or will lose cash assistance benefits (formerly, Aid to Families with Dependent Children) as a
result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may
request waiver from the requirements of R- 702 -98 and R- 358 -99 by submitting a waiver request
affidavit. The foregoing requirement does not pertain to government entities, not for profit
organizations or recipients of grant awards.
A XI. DOMESTIC VIOLENCE LEAVE (Resolution 185 -00; 99 -5 Codified At IIA -60 Et. Seq. of the
Miami -Dade County Code).
The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance,
Ordinance 99 -5, codified at 1 IA -60 'et. seq. of the Miami Dade County Code, which requires an
employer which has in the regular course of business fifty (50) or more employees working in Miami-
Dade County for each working ,day during each of twenty (20) or more calendar work weeks in the
current or proceeding calendar years, to provide Domestic Violence Leave to its employees.
I have', carefully read this entire five (5) page document entitled, "Miami -Dade County Affidavits" and
have indicated` by an "X" all affidavits that pertain to this contract and have indicated by an "N /A" all affidavits
that do not pertain to this contract.
Ze
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed)' before me this day of
200, by He /She is personally
known to me or has presented as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Print or Stamp of Notary) (Expiration Date)
Notary Public — Stamp State of Notary Seal
(State)
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ATTACHMENT D 1
Form A -12
Code of Business Ethics
In accordance with Resolution R- 994 -99 each person or entity that seeks to do business with Miami -Dade
County shall adopt the Miami -Dade County /Greater Miami Chamber of Commerce Code of Business Ethics as
follows:
The Miami' -Dade County /Greater Miami Chamber of Commerce seeks to create and sustain an ethical business
climate for its members and the community by adopting a Code of Business Ethics. Miami -Dade
County /Greater Miami, Chamber of 'Commerce encourages its members to incorporate the principles and
practices outlined here in their individual codes of ethics, which will guide their relationships with customers,
clients and suppliers. This Model Code can and should be prominently displayed at all business locations and
may be incorporated into marketing materials. Miami -Dade County /Greater Miami Chamber of Commerce
believes that its members should use this Code as a model for the development of their organizations' business
codes of ethics.
This Model Code is a statement of principles to help guide decisions and actions based on respect for the
importance of ethical business standards in the community. Miami -Dade County /Greater Miami Chamber of
Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and
professional organization.
By affixing a signature in the Proposal signature page, Form A -12, the Proposer hereby agrees to
comply with the principles of Miami -Dade County /Greater Miami Chamber of Commerce Code of
Business Ethics. If the Proposer firm's code varies in any way the Proposer must identify the
difference(s) on a separate documents attached to Form A -12.
Compliance with Government Rules and Regulations
• We the undersigned Proposer will properly maintain all records and post all licenses and certificates in
prominent places easily: seen by our employees and customers;
• In dealing with government agencies and employees, we will conduct business in accordance with all
applicable rules and regulations and in the open;
• We, the undersigned Proposer will report contract irregularities and other improper or unlawful
business practices to the Ethics Commission, the Office of Inspector General or appropriate law
enforcement authorities.
Recruitment, Selection and Compensation of Contractors Consulting, Vendors and Suppliers
• We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when
identified;
• Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back
any portion of a contract payment to employees of the other contracting party or accept such kickback.
Business Accounting
• All our financial transactions will be properly and fairly recorded in appropriate books of account, and
there will be no "off the books" transactions or secret accounts.
5101
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Promotion and Sales of Products and Services
• Our products will comply with all applicable safety and quality standards;
• We the undersigned Proposer will promote and advertise our business and its products or services in a
manner that is not misleading and does not falsely disparage our competitors.
• We, the undersigned Proposer will conduct business with government agencies and employees in a
manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are
unacceptable;
• Our proposal will be competitive, appropriate to the request for proposals /qualifications documents
and arrived at independently;
• Any changes to contracts awarded will have a substantive basis and not be pursued merely because we
are the successful Proposer.
• We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at
the price and under the terms provided for in the contract. We will not submit inflated invoices for
goods provided or services performed under such contracts, and claims will be made only for work
actually performed. We will abide by all contracting and subcontracting regulations. ;
• We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel
kickbacks from contracts awarded, to government officials, their family members or business
associates.
• We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our
participation in political campaigns.
Public Life and Political Campaigns
• We, the undersigned: Proposer encourage all employees to participate in - .community . life, public
services and the political process to the extent permitted by law;
• We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and
qualified public officials and engage them in dialogue and debate about business and community
issues to the extent permitted by law.
• Our contributions to political parties, committees or individuals will be made only in accordance with
applicable laws and will comply with all requirements for public disclosure. All contributions made
on behalf of the business must be reported to senior company management;
• We, the undersigned Proposerwillnot - contribute to the campaigns of persons who are convicted .
felons or those who do not sign the Fair Campaign Practices Ordinance.
• - We, the undersigned Proposer will know knowingly disseminate false campaign information or
support those who do.
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Pass - through Requirements
• This Code prohibits pass - through payments whereby the prime firm requires that the MBE firm
accepts payments as an MBE and passes through those payments to another entity.
Rental Space, Equipment and Staff Requirements or Flat Overhead Fee Requirements
• This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat
overhead fee requirements, whereby the prime firm requires the MBE firm to rentspace, equipment
and /or staff from the prime firm or charges a flat overhead fee for the use of space, equipment,
secretary, etc.
MBE Staff Utilization
• This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is
necessary and then utilizing the MBE staff for other work to be performed by the prime firm.
This Code also requires that on any contract where MBE' participation is purported, the contract shall specify
essential terms including, but no limited to, a specific statement regarding the percent of participation planned
for MBEs, the timing of payments and when the work is to be performed.
4
Y _
Signature of Affiant Date-
l l 1 I l l L
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 20
By He /She is personally known to me or has presented
Affiant
as identification.
Type of Identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public — State of Notary Seal
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ATTACHMENT D2
MIAMI -DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Ordinance 93 -129, Section 1)
I, _ being duly first sworn, upon oath deposes and says that the bidder of this
contract or his agents,- officers, principals, stockholders, subcontractors or their
affiliates are not debarred by Miami -Dade County.
By:
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
200_ 'by He /She
is personally known to me or has presented
(Type of Identification)
as identification.
(Signature of Notary) (Serial Number) -
(Print or Stamp of Notary) (Expiration Date)
Notary Public Stamp State of Notary Seal
(State)
j
sroi
ATTA D3
LIVING WAGE REQUIREMENT (Miami -Dade County Ordinance 99-441
Effective November 11, 1999 the provisions of Miami -Dade County Ordinance 99-44 and
Section 2 -8.9 of the Code of Miami -Dade County shall apply to all service contracts involving
the expenditure of over $100,000 per year for "Covered Services.
"Covered Services" are the type of services purchased by the County that are subject to the
requirements of the Living Wage Ordinance which are one of the following:
(1) County Service Contracts
(i) food preparation and/or distribution
(ii) security services
(iii) routine maintenance services such as custodial, cleaning, refuse removal, repair,
refinishing and recycling
(iv) clerical or other non - supervisory office work, whether temporary or permanent
(v) transportation and parking services, including airport and seaport services
(vi) printing and reproduction services
(vii) landscaping, lawn and /or agricultural services
In accordance with Miami- Dade County Ordinance 99-44, all Service Contractors entering
into a contract with Miami -Dade County to provide Covered Services as described above
shall pay 'to all of its employees providing such Covered Services to the County a Living
Wage of no less than , $8.56 per hour plus Health Insurance as described in the
aforementioned ordinance, or $9.81 per hour without Health Insurance.
Such Health Benefits shall consist of payment of at least $1.25 per hour towards the
provision of health care benefits for employees and their dependents. Proof of the provision
of Health insurance must be submitted to the County to qualify for the wage rate for
employees with health benefits. The Service Contractor shall also agree to produce all
documents and records relating to payroll and compliance with this Ordinance prior to award
of a contract as a result of this solicitation upon request by the County.
If records reflect that the Service Contractor is in violation of this Ordinance, the County has
the right to sanction the Service Contractor to include but not limited to termination, fine and
suspension.
This Ordinance encompasses various responsibilities that must be accomplished by the
successful proposer such as record keeping, posting and reporting. Upon the award of this
contract, the successful proposer must` be prepared to comply with these requirements as
outlined in Ordinance 99-44:
FORM A -1i
MIAMI -DADS COUNTY, FLORIDA
.MIAMI -DADF COUNTY LIVING WAGE AFFIDAVIT
(Ordinance 9944 and Section 2 78.9 of the Miami -Dade County Code)
Solicitation No.
Title:
'
_ being first duly sworn hereby
state and certify that in compliance with Miami-Dade County Ordinance 99 -44 and Section 2 -8.9 of
the Miami-Dade County Code, by accepting award of this contract, the bidder or proposer agrees to
pay the living wage required by Miami -Dade County Ordinance 99 -44 to all employees assigned to
this contract. The bidder or proposer further understands that the current living wage applied to this
contract is $8.55 per hour plus health benefits as described in the ordinance, or $9.81 per hour without
health benefits.
20
Signature ofAffiant '
Date
Printed Name of Affiant and Title Federal Identification Number
s r%
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 20
by Affant He /She is personally known to me or has presented
as identification.
Type of identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public - State of Notary Seal
Rev. 1120100
TO: Mayor and City Commission DATE: November 20, 2001
FROM: Charles D. Scurr, Tanager Re: Agenda Item # / 0
Legal Services Consulting- Labor:
Weiss, Serota, Helfman, Pastoriza and
Guedes, P.A.
The Request
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO LEGAL SERVICES; AUTHORIZING
THE CITY MANAGER TO PAY FOR AN INVOICE IN THE AMOUNT OF
$14,342.72 FOR CONSULTING -LABOR SERVICES, FROM ACCOUNT NUMBER
001- 1500 -514 -3440, TITLED CONSULTING — LABOR ATTORNEY, TO THE FIRM
OF WEISS, SEROTA, HELFMAN, PASTORIZA AND GUEDES, P.A., PROVIDING
AN EFFECTIVE DATE.
Background 'and Analysis
The City of South Miami has traditionally used outside labor counsel to provide legal and best
practices support on matters related to labor laws. The City has just finalized negotiations with
the Police Benevolent Associations (PBA) and the American Federation of State, County and
Municipal Employees (AFSCME). These services were required in order to ensure that all
applicable, laws and regulations are adhered to and also to ensure that the City is appraised of
best practices that are being used by other similar municipalities. The payment for this invoice
will be from' account number 001 -1500 -514 -3440, titled Consulting -Labor Attorney, which
presently has a balance of $15,400.
The City Attorney has reviewed and concurs with the payment.
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 LEGAL SERVICES; AUTHORIZING
THE CITY MANAGER TO PAY FOR AN INVOICE IN THE AMOUNT OF
$14,342.72 FOR CONSULTING- LABOR SERVICES, FROM ACCOUNT NUMBER
001- 1500 -514 -3440, TITLED CONSULTING- LABOR ATTORNEY, TO THE FIRM
OF WEISS, SEROTA, HELFMAN, PASTORIZA -AND GUEDES, P.A., PROVIDING
AN EFFECTIVE BATE.
WHEREAS, the City of South Miami requires legal counsel on matters related to labor
laws; and
WHEREAS, the City of South Miami has just finalized negotiations with the Police
Benevolent Association (PBA) and the American Federation of State, County and Municipal
Employees (AFSCME); and
WHEREAS, the City requires special labor counsel in order to ensure that all applicable
laws and regulations are adhered to and also to ensure that the City is apprised of best practices
being used by other municipalities; and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF SOUTH MIAMI, FLORIDA, THAT:
Section! The City Commission hereby authorizes the City Manager to pay the invoice in the
amount 'of $14,342.72 from Account Number #001- 1500 -514 -3440, titled Consulting Labor for
the finn:,of Weiss, Serota, Helfinan, Pastoriza and Guedes, P.A.
Section2 This resolution shall take effect immediately upon approval.
PASSED A
ATTEST
CITY CLERK
ADOPTED this day of October 2001.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
JULIO ROBAINA, MAYOR
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES P.A.
Attorneys at Law
2665 South Bayshore Drive
Suite 420"
Miami, Florida 33133
Telephone (305) 854- 0800
Telecopier (305) 854 =2323
June 30, 2001
City of South
Miami
6130 Sunset Drive
South Miami, FL 33143
I N V O I C E
Matter: 462003
South Miami \PBA
PERC- Unit Determination
For Professional Services Rendered:
06/01/2001 rjw
Review Materials From PERC
0.60 $ 99.00
06/04/2001 rjw
Review Initial. Petition And Schedule
1.60 264.00
06/07/2001 dl
Draft Motion of Continuance Of Hearing
0.50 82.50
And Extension Of Time To File Answer:
06/08/2001 dl
Review And Redraft Motion For
0.40 66.00
Continuance And Enlargement Of Time
06/11/2001 rjw
Conference Concerning R -C Petition;
0.80 132.00
Follow Up
06/13/2001 dl
- Research PERC And Flor; "a "ours Cases
3.40 561.00
relating To Per,--event-
Certification Petitions For
Communication Officers
06/13/2001 dl
Review And Analyze PERC And Florida
1.30 214.50
Cases Relating To Representation -
Certification Petitions For
Communication Officers
06/14/2001 dl
Research Florida And PERC Cases Relating
3.20` 528.00
To Placement Of Communication Officers
In Bargaining Units
06/14/2001 dl
Review And Analyze Florida And PERC
2.20 363.00
Cases Relating To Placement Of
Communication Officers In Bargaining~
Units
06/15/2001 dl
Research Concerning Communication
4.20 693.00
Officers Status In Bargaining Unit
06/15/2001 dl
Review And Analyze Florida Court Cases
1.60 264.00
And PERC Cases Relating To
Communications Officers Inclusion In
Bargaining Unit
06/18/2001 dl
Prepare For And Attend Meeting With
4.70 775.50
Chief Watson And Human Resources
Director Navarro To Investigate Facts Of
Case
(continued)
Matter: 462003
June 30, 2001
Review And Analyze File Documents And
Page 2
O�i/18/2001
dl
Research°Concerning Whether There Is
1.30
214.50
06/20/2001
"Community Of Interest" Between
Review Draft Answer, Applicable Caselaw
0.80
124.00
Communications Officer And Bargaining
And Confer Re City's Opposition To
Unit
Petition
06/18/2001
dl
Review And Analyze Documents Received At
1.10
181.50
264.00
Meeting
Fees To PBA
06/19/2001
dl
Research Concerning Community Of
3.30
544.50
231.00
Interest And Conflict Of Interest Issues
To Be Presented
06/19/2001
dl
Draft Answer To Representation -
0.60
99.00
478.50
Certification Petition
In Preparation For Hearing
06/20/2001
dl
Review And Revise Answer To
1.30
214.50
6,955.00
Disbursements
Representation - Certification Petition
06/20/2001
dl
Research Concerning Community Of
2.20
363.00
06/30/2001-
Interest Between Communications Officers
3.75
06/30/2001
And Police Officers And Police Sergeants
2.25
06/20/2001
dl
Review And Analyze File Documents And
1.20
198.00
PERC Pleadings
06/20/2001
nlb
Review Draft Answer, Applicable Caselaw
0.80
124.00
And Confer Re City's Opposition To
Petition
06/22/2001
di
Research Concerning Deduction Of Union
1.60
264.00
Fees To PBA
06/27/2001
rjw
Conference Concerning Strategy And Case
1.40
231.00
To Be Presented
06!28/2001
dl
Review And Analyze Documents And Cases
2.90
478.50
In Preparation For Hearing
Total Professional Services-
$
6,955.00
Disbursements
Incurred°`=
06/30/2001
Postage Charges
$
0.68
06/30/2001-
Telecop'ies
3.75
06/30/2001
Photocopies
2.25
06/30/2001
Postage Charges
1.36
06/30/2001
Telecopies
9.00
Total Disbursements Incurred $ 17.04
Recapitulation
For Professional Services 42.20 Hours $ 6,955.00
For Disbursements Incurred 17.04
Balance in Trust /Retainer $ C.00
Bill # 28759 Total Due $ 6,972 04
IRS # 65- 0254147
'
WEISS`SEROTA HELFMAN
PASTORIZA & GUEDES P.A.
Attorneys at Law
`
LX665 South Bayshore Drive'
Suite 420
Miami, Florida 33133
Telephone (305) 854 - 0800
* �' R a'
Telecopier (305) 854 -2323
✓.
L
. �
S°
July 31, 2001
2
City of South Miami
#'
6130 Sunset Drive -• `
South Miami, FL
33143
' �(
I N V•0 .I .E
-
Matter: 462003
South Miami \PBA
PERC -Unit Determinati'On
For Professional Services Rendered:
07/02/2001 d1
Conference With Police Chiefs, Assistant
2.30 $ 379.50
Police Chiefs and Human Resources `
Director To Discuss And Investigate
Facts And Prepare For Hearing
07/02/2001 dl
Preparation For Meeting With These
1.20 198.00
Officials By Reviewing File And Case Law
07/03/2001 dl
Review And Analyze Review And Analyze
2.30 379.50
City And Police Department Policies And
Procedures, Pension Plan, Job
Descriptions And App-2y Cases'-`, ; -acts
&`
C7 '05 /2001'dl
Review And 'Analyze Documents And Florida
2.40: 396.00
Cases And PERC Decisions
07/05/2001 dl
Preparation Of Analysis,. Of Facts And
3.30. 544.50
Strategy For Hearing Including Witness
And Exhibits
07/06/2001 dl
Prepare For And Attend Meeting With
2.40 396.00
Assistant Police Chiefs Mills And
Feldman And Human Resources Director
Jeannette Navarro To Prepare For Hearing
And', Filing Of Pre- Hearing Statement
07/06/2001 rjw
Conference Concerning Outline Of Case
1.40- 231.00
Presentation; Conference Re Strategy
07/09/2001 dl
Telephone Conference With Tyrone
0.20 33.00
Williams, General Counsel For PBA
Regarding Possible Settlement Of PERC
Proceeding
07/09/2001 dl
Prepare For And Attend Meeting With
2.10 346.50
Assistant Chief Mills In Preparation Of
Hearing
(continued)
Matter: 462003
July 31, 2001
Page 2
07/09/2001 dl
Review And Analyze Police Department
1.60 264.00
Manual, City Rules And Regulations, PBA
Agreement, Pension Plans, City Handbook
and Job Descriptions
07/09/2001 dl
Research Concerning Community Of
1.40 231.00
Interest Between Communications Officers
And Police Officers .
07/10/2001 dl
Preparation For PERC Hearing - Prepare
4.40 726.00
Direct Examination Of Assistant Chief
Mills, Review Documents, Prepare
Strategy
07/11/2001 dl
Preparation For Hearing - Prepare Direct
8.20 1,353.00
Examination - Review And Analyze PBA's
Prehearing Statement, Exhibits And
Cases; Prepare Strategy; Analyze PBA
Case
07/12/2001 dl
Draft Motion To Convert To On -Site
0.60 99.00
Hearing And Change Hearing Site
07/12/2001 dl
Telephone Conference With Assistant
0.20 33.00
Chief Mills Regarding Motion
07/12/2001 dl
Preparation For PERC Hearing - Prepare
8.10 1,336.50
For Direct And Cross And Rebuttal
Witnesses; Prepare Strategy; Prepare
Questions For Assistant Chief Mills;
Review PBA Cases; Review Exhibits And
City Documents
07/13/2001 d1
Preparation For PERC Hearing - Revise
6.70 1,105.50
Direct Examination; Strategize Cross
Examination And Rebuttal; Review And
Analyze Documents And Peti lone '.use`
And Exhibits
Total Professional Services $ 8,052.00
For Disbursements Incurred:
07/31/2001 Photocopies $ 31.75
07/31/2001 Postage Charges 1.98
07/31/2001 Telecopies 72.75
07/31/2001 Telephone Charges 4.50
07/31/2001 Research Charges 207.70
Total Disbursements Incurred $ 318.68
(continued)
Matter: 462003 July 31, 2001 Page 3
Recapitulation
-------- - - - - -- J
For Professional Services 48.80 Hours $ 8,052.00
For Disbursements Incurred 318.68
Balance in Trust /Retainer $ 0.00
New Charges this Invoice $ 8; 370.68
------------------------------------------------ - - -�`-
Previous Balance 6 972.04
Less Payments & Credits Received 0,00
Outstanding Balance 6,972.04
Plus New Charges this Invoice
Bill # 29443 Total Due $ L15,342
IRS # 65- 0254147 =
�°l I
i
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: November 20, 2001
and City Commission
From: Charles Scurf J Re: Agenda Item 120
City Manager ai Ordinance calling General Election
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE
YEAR 2002 GENERAL ELECTION OF THE MAYOR AND CITY
COMMISSIONERS FOR GROUPS, I AND IV AND POSSIBLE
CHARTER AMENDMENTS; SCHEDULING THE DAY, PLACE
AND TIME OF THE ELECTION; PROVIDING FOR
QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE
OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT;
PROVIDING FOR NOTIFICATION; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached ordinance, on for second reading and public hearing, schedules the 2002 General
Election for Tuesday, February 12, 2002, in the City Commission Chambers from 7 :00 a.m. to
7:00 p.m. At which time a Mayor and Commissioners from Groups II and IV and possible Charter
Amendments will be decided upon. The ordinance provides for qualification of candidates from
Tuesday, January 2, 2002 to Wednesday, January 9, 2002. It provides for the closing of Election
Boob on Monday, January 14, 2002.
RECOMMENDATION
Approval is re: commended.
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to
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR
2002 GENERAL ELECTION OF THE MAYOR AND CITY
COMMISSIONERS FOR GROUPS, I AND IV AND POSSIBLE
CHARTER AMENDMENTS; SCHEDULING THE DAY, PLACE AND
TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF
CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS;
APPROVING THE OFFICIAL BALLOT; PROVIDING FOR
NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, Section 2, Article V, of the City of South Miami Charter provides
e Commission of the City of South Miami shall schedule a general election for
! ay of each even year, and that the Mayor shall be elected for a term of two (2)
and commissioners shall be elected for terms of four (4) years at the general
,n; and
VVTHEREAS, the Charter requires the City Commission of the City of South Miami
14ule the day, place and time of the general election by ordinance; and
WHEREAS, state law requires election books to close thirty (30) days prior to the
election.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section The 2002 General Election will be held on Tuesday, February 12,
i
2002. Dn that date, a mayor will be elected to serve a term of two (2) years, and two (2)
Conunissioners from Groups I and IV will be elected to serve a term of four (4) years.
Section 2. The qualifying period for this election shall open Tuesday, January
2, 2002 and close Wednesday, January 9. 2002, precisely at 5:00 p.m. Candidates shall
qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami, Florida.
37 'Section 3. Voting shall be conducted at City Hall in the City Commission
38 Chambers, 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at
i
39 7:00 a.m.; I and close precisely at 7:00 p.m.
40
41 'Section 4. The official ballot for the 2002 general election is annexed to this
42 ordinance.
43
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Section 5. The election books shall close Monday, January 14, 2002.
Section 6. The City Clerk shall publish notice of such general election once a
week for four consecutive weeks next preceding the general election in a newspaper of
general circulation in South Miami. The notice shall contain the date, time, and place of
the general election and identify the commission groups and proposed charter revisions to
be voted for.
Section 7. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 8. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 9. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this day of 92001.
ATTEST: APPROVED:
CITY CLERK
1St Reading — November 6, 2001
2" a Reading - November 20, 2001
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Robaina
Vice Mayor Russell:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Wiscombe:
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ELECTION BALLOT
CITY OF SOUTH MIAMI GENERAL ELECTION
FEBRUARY 12, 2002
MAYOR'S RACE
There is hereby elected a Mayor for the City of South Miami to serve for a two (2) year
term. Vote for one (1)
COMMISSIONER RACE GROUP I
There is hereby elected a Commissioner for the City of South Miami from Group II to
serve for a two (2) year term. Vote for one (1)
COMMISSIONER RACE -GROUP IV
There is hereby elected a Commissioner for the City of South Miami from Group III to
serve for a four (4) year term. Vote for one (1).
The polls will be opened on Tuesday, February 12, 2002 from 7:00 a.m. to 7:00 p.m., at City Hall, City Commission Chambers,
6130 Sunset Drive, South Mami, FL.
Additions shown by underlining and deletions shown by ever ildn..
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
O.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 Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING 11/20/01
ORD. RELATING TO THE YEAR 2002 GENERAL ELECTION ETC
in the XXXX Court,
was published in said newspaper in the issues of
11/09/2001
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 aav person, firm or corporation
any discount, rejkeft, co fission o refund for the purpose
of securing t adv „errjent for p blcation in the said
/i
�1 Vo Sworn to and subscri" before me t hi09 daw of NOV ER (A.
(SEAL) FICIAL NOTARY 5EAt,
JANETT LLERENA
O.V. FERBEYRE pe �nY�nPUBLIC STATE OF FLOR10
OM�t� NO. CC 912958
,My CO?ANJISSION EXP. JUNE 23204
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
All interested persons are hereby notified that the City Commission of-
the City of South Miami, will conduct a public hearing at its regular City
Commission meeting scheduled for Tuesday, November 20, 2001 be-
ginning at 7 :30 PM in the City Commission Chamber, City Hall 6130 Sun -
set Drive, to consider the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI; FLORIDA RELATING TO
THE YEAR 2002 GENERAL ELECTION OF THE MAYOR AND
CITY COMMISSIONERS FOR GROUPS, I AND IV AND POSSI-
BLE CHARTER AMENDMENTS; ` SCHEDULING THE DAY,
PLACE AND TIME OF THE ELECTION; PROVIDING FOR
QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE
OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT;
PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVER -
ABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. (1 st Reading - November 6, 2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
CODE ENFORCEMENT PROCEDURES;' AMENDING SEC -
TION 2 -25 (L) OF CHAPTER 2 THE CODE OF ORDINANCES
ENTITLED 'SCHEDULFIyOF FINES PROVIDING FOR SEV
ERABILITY, ORDINANCES' IN CONFLICT, AND AN EFFE-"
TIVE DATE. (1 st — November 6, 2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,. RELATING TO
CONTRACTS; APPROVING A LEASE AGREEMENT BE-
TWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC.,
FOR THE GRANTING OF AIR RIGHTS ABOVE MRP PROPER-
TY TO THE CITY, THE LEASE BY MRP OF CERTAIN CITY
PROPERTY AND THE CO- DEVELOPMENT OF A PARKING
STRUCTURE PROJECT AT SW 73 STREET BETWEEN SW 58
COURT AND 58' AVENUE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1 st
Reading — November 6, 2001)
The subject ordinance can be inspected in the City Clerks Office,
Monday -Friday during regular office hours.
Inquiries concerning this item should be directed to the City Manager's
Office at 305 -663 -6338.
ALL interested parties are invited to attend.
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 includes the testimony and evi-
dence upon which the appeal is to be based.
11/9 01 -3- 09/212441 M
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: November 20, 2001
and City Commission
From: Charles Scurr Re: Agenda Item
City Manager Code Enforcement Procedures/Fines
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO CODE
ENFORCEMENT PROCEDURES; AMENDING SECTION 2 -25 (L)
OF CHAPTER 2 THE CODE OF ORDINANCES ENTITLED
"SCHEDULE OF FINES" PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached ordinance on for second reading and public hearing, amends Section 2 -25(1) of
Chapter 2 of the Code of O =rdinances for the City of South Miami to provide for proper fees paid
to the City for services provided.
The City has reviewed fine schedules for Miami -Dade County and several municipalities. The
City has found, that fees for the County and " other municipalities are higher than those fees
included in the 'City of South Miami Schedule of Fines. It was also determined that the South
Florida Building, Code will be superseded by the new Florida Building Code in January .1, 2002.
This Ordinance provides for the increase of certain fees and the addition of others.
Approval is recom
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO CODE ENFORCEMENT
PROCEDURES; AMENDING SECTION 2 -25 (L) OF CHAPTER 2 THE CODE OF
ORDINANCES ENTITLED "SCHEDULE OF FINES" PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City has reviewed fine schedules for Miami -Dade County and several
municipalities; and
WHEREAS, the City has found that fees for the County and other municipalities are
higher than those fees included in the South Miami Schedule of Fines; and
WHEREAS, South Florida Building Code will be superceded by the new Florida Building code
in January 1, 2002; and
WHEREAS, the Florida Building Code does not include a fine for commencing work without a
permit, when a permit is required.
WHEREAS, the administration recommends an amendment to Section 2 -25 (1) of Chapter Two of
the Code of Ordinances to provide for proper fees being paid to the City for services provided.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 2 -25 (1) of Chapter Two of the Code of Ordinances is hereby
amended as follows:
Class l
Overgrown lots
Illegal signs
Zoning violations
Other violations of
equivalent gravity
Class H
Occupational license
Abandoned/junked vehicles
Trash
Garbage
Animals
Commercial vehicles in
RS zoning district
Other violations of
equivalent gravity
Class 111
Overgrown vacant lots
Noise
Row obstructions
Other violations of
equivalent gravity
First
offense
$75.00
$100.00
e'er
$150.00
$4x5:88
$200.00
Second
offense
$458:00
$200.00
$300.09
$325;00
Additional
offenses
$300;88
$400.00
$400.00
$450.00
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Class N
Triangle of visibility
Vacant, unsecured building
Other FBC violations
Construction work without
permits
Other violations of
equivalent gravity
Class V
Threat to public health,
safety & welfare
Irreparable or irreversible
violations
Other violations of
equivalent gravity
x.-99
$300.00
$250.09
$300.00
$500.00
$500.00
$500.00
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of
the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 4. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this day of 2001.
ATTEST:
CITY CLERK
I" Reading -
2 n Reading -
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel
Commissioner Russell:
Additions shown by underlining and deletions shown by ever-striking.
r.�
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
O.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 Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING 11/20/01
ORD. RELATING TO THE YEAR 2002 GENERAL ELECTION ETC
in the XXXX Court,
was published in said newspaper in the issues of
11/09/2001
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 person, firm or corporation
any discount, re co Ission o refund for the purpose
of securing t ' adv , nt for p blication in the said
newspaper / ' , - /
Sworn to and subscri before me LA. s
09 d y of NOV ER ' '� 01
(SEAL) (� li J`-NETT,LLERENA –
O.V. FERBEYRE per Y'�PUBLIC STATE OF FLORiJ'
i : ", Ph NUJ. CC 9129
AMOMk
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
All interested persons are hereby notified that the City Commission of-
the City of South Miami, will conduct a public hearing at its regular City
Commission meeting scheduled for Tuesday, November 20, 2001 be-
ginning at 7:30 PM in the City Commission Chamber, City Hall 6130 Sun -
set Drive, to consider the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
THE YEAR 2002 GENERAL ELECTION OF THE MAYOR AND
CITY COMMISSIONERS FOR GROUPS, I AND IV AND POSSI-
BLE CHARTER` AMENDMENTS; SCHEDULING THE DAY,
PLACE AND TIME OF THE ELECTION; PROVIDING FOR
QUALIFICATION OF CANDIDATES;` PROVIDING FOR CLOSE
OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT;
PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVER-
ABILITY, ORDINANCES iN CONFLICT, AND AN EFFECTIVE
DATE. (1st Reading - November 6, 2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
CODE ENFORCEMENT PROCEDURES; AMENDING SEC-
TION 2 -25 (L) OF CHAPTER 2 THE CODE OF ORDINANCES
NTITLED "SCHEDULFj�OF FINES" PROVIDING FOR SEV
C.
ILRABILITY, ORDINANCES IN CONFLICT, AND A.' E' - -FEC
TIVE DATE. (1 st Reading — November 6, 2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONTRACTS; APPROVING A LEASE AGREEMENT BE-
TWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC.,
FOR THE GRANTING OF AIR RIGHTS ABOVE MRP PROPER-
TY TO THE CITY, THE LEASE BY MRP OF CERTAIN CITY
PROPERTY AND THE CO- DEVELOPMENT OF A' PARKING
STRUCTURE PROJECT AT SW 73 STREET BETWEEN SW 58
COURT AND 58 AVENUE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Ist
Reading — November 6, 2001)
The subject ordinance can be inspected in the City Clerk's Office,
Monday- Friday during regular office hours.
Inquiries concerning this item should be directed to the City Manager's
Office at 305- 663 -6338.
ALL interested parties are invited to attend.
Ronetta Taylor, CIVIC
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 includes the testimony and evi-
dence upon which the appeal is to be based.
11/9 01 -3- 09/212441 M
5'O UT
y
INCORPORATED °
1927
Excellence, Integrity, Inclusion
MEMORANDUM
To: Mayor and City Commission Date: November 19, 2001 (Updated)
Agenda Item # 14
From: Charles D. Scurry Lease Agreement with Mark Richman
City Manages � °' Properties, Inc.
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONTRACTS APPROVING A LEASE AGREEMENT BETWEEN THE
CITY AND MARK RICHMAN PROPERTIES, INC., FOR THE
GRANTING OF AIR RIGHTS - ABOVE MRP PROPERTY TO THE
CITY, THE LEASE BY MRP OF CERTAIN CITY PROPERTY AND
THE CO- DEVELOPMENT OF A PARKING STRUCTURE PROJECT
AT SW 73RD STREET BETWEEN 58TH COURT AND 58TH AVENUE;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND EFFECTIVE DATE.
BACKGROUND & ANALYSIS
Project History
The City of South Miami first issued a Request for Proposals in June 1997 for the
municipal parking lot located at SW 73rd Street and SW 58th Avenue. In September 1997,
the City Commission awarded the proposed project for the design, construction, leasing
and management of the mixed -use development and parking garage to SPG Phase One.
The initial project was for a mixed -use parking garage that included the following:
• Area — Only the City of South Miami Parking Lot, not including the Richman
Property;
• Parking Spaces
Total Spaces - 257
City Replacement Parking - 73
S
Code Required Parking - 58* (* Includes shared parking credit, does not
include Metrorail credit)
a Net New Parking Available 100% o - 126
♦ Net New Parking Available Nights & Weekends — 133
• Mixed Uses
® Retail 15,000 SF
y Office - 8,000 SF
Residential 0 Units
The project has experienced a series of changes, evolutions and delays. On February 6,
2001, the City Commission approved a Lease Agreement with SPG for "Version 7" of
the Project. The "Final SPG Mixed Use Project" included the following:
• Area - The City of South Miami Parking Lot and the Richman property;
• Parking Spaces
Total Spaces - 442
City Replacement Parking - 73
♦ Code Required Parking 148* (Includes shared use credit; does not
include Metrorail credit)
s Net New Parking Available 100 % - 221
♦ Net New Parking Available Nights & Weekends - 314
• Mixed Uses
♦ Retail @ 28,200 SF
e Office @29,434 SF
e Residential @ 0 Units
The geometry of the final project included the following:
• Ground Level - Retail
• Second Level 100 % Municipal Parking
• Third Level 100% Municipal Parking
• Fourth & Fifth Level — 50% Office; 50 % Parking
• Roof -100% Parking
The height of the building would have been approximately 59 feet. The allowable height
in the Hometown District is 56 feet. The project, as expected in a garage facility, might
have included maximum lot coverage and might have required a "number of special
exceptions, which would have been the subject of a separate planning /zoning process and
approvals.
Since the approval there has been no permitting, design or construction activity .
The lease approved by the City Commission allows SPG to assign the lease to Mark
Richman Properties, Inc. Mr. Richman and representatives of SPG have indicated that
2
f
the parties are interested in the lease assignment. The assignment and revised lease are
the subject of this Ordinance.
The Richman Project
The Richman Project includes the following:
® Area - The City of South Miami Parking Lot and the Richman property;
Parking Spaces (Two Story /Three Story /Four Story and Rooftop
Configuration)
Total Spaces — 250 / 350 / 450
s City Replacement Parking 73
® Code Required Parking - 60
s Net New Parking Available 100% - 117 / 217 / 317
s Net New Parking Available Nights & Weekends -117 / 217 / 317-
s Height (Approximate) 26' / 36' / 46'
Mixed Uses
s Retail 19,845 SF
s Office @ 0 SF
e Residential @ 0 Units
The geometry of the final project includes the following:
® Ground Level — Retail and Municipal Parking
® Second Level— 100% Municipal Parking
® Third and Fourth Levels (Optional) 100 % Municipal Parking
Roof - 100% Municipal Parking
The project is very similar to the project proposed by the Red- Sunset Merchants
Association
Conceptually the project is quite straightforward;
• The City will be responsible for the costs of construction of the parking
garage. The City will have full control over the operation and maintenance of
the parking garage. The City will retain all revenues from the parking garage.
• Richman will deed to the City the air rights above the Richman Property.
Richman will be responsible for the costs of construction of the retail space on
the Richman Property. Richman will be responsible for the costs of
construction, less a $100,000 credit, for the retail space on the City Property.
Richman will receive the revenues from the retail space.
• The term of the Lease is 50 years. At the end of 50 years the City retains
ownership of the air rights above Richman and the City will gain control of
the retail on the City property. Richman retains ownership of the retail on
Richman Property.
3
The City will obtain, through the Florida League of Cities, bridge and long
term financing for the entire project. Richman will repay the City its
proportionate share. Richman will guarantee repayment of his portion of the
costs.
Financial Considerations
Luis Figueredo of the City Attorney's Office has prepared a memorandum detailing the
framework of the Lease agreement (Attachment' A), as well as a financial pro -forma
(Attachment B).
The financial pro - forma is based on very conservative assumptions. Under these
conservative assumptions the net income for the City would be an expense of $34,000 in
the first year of operation. If the $75,000 in parking meter revenue the City currently
receives from the surface parking lot is considered the City's net financial position could
be impacted' under a most conservative case scenario by up to $100,000 the first year.
The conservative financial projections are based on daily revenue of $2 day per space and
ticket revenue based on a 10% per space per day violation rate. It is expected that both of
these factors will exceed this projection by at least 50 %.. Revenue from the current
surface meter operation exceeds $3.00 per day and it is likely that revenue from the new
facility will at least equal $3.00 per day. Similarly, current' parking violations exceed
10% and it is likely that violations in the new facility will exceed 10% and be closer to
20 %. These less conservation and more likely assumptions would yield increases in
revenue that could put the facility in a break -even position in the first year or two of
operation:
It should be noted that the City would be placing a' loan instrument with the Florida
League of Cities for the project. It is likely that the City will be required to pledge a
portion of the parking revenue stream for the project. This is standard and a pledge of
revenue does not alter the cash flow of the City or the project.
The City retains full control over all aspects of the parking system. This includes hours
of operation, rates, etc.
Hometown Plan and Parking Considerations
The Hometown Plan envisions vibrant mixed uses downtown. A central and vital
component of the realization of the Hometown Plan is the provision of an "Infrastructure
Parking Facility ". This facility is contemplated to provide parking for the existing
merchant base and provide a supply of parking for future growth.
4
I
The Richman Project achieves these objectives. It is a very straightforward project that is
essentially an infrastructure parking facility with the required retail on the first floor.
The Project will include approximately 250 parking spaces with the two story and rooftop
configuration. The design would include the structural support to add an additional two
floors that could provide up total of 450 spaces.
The cost and disruption of building these additional floors in the future are important and
significant factors. The cost per space for the additional floors would be considerably
higher and there could be a disruption to the exiting facility during the period of
construction. Staff is, therefore, currently analyzing the cost benefit and need to provide
one additional floor at this time. It is anticipated that a final recommendation will be
made during the design process when the actual construction costs are more fully
developed.
Other Considerations
The schedule for the project has been developed to accommodate the downtown
merchants and businesses. Construction would not commence until February 2003, after
the Holiday Season.
The City and Richman also recognize that this facility will be a "signature" and important
element of the downtown area. Every effort will be made to have the architectural design
completed in an exemplary manner. The City will be issuing a competitive RFP for the
design of the facility. It is also anticipated that the competitive "Construction Manager at
Risk" procedure will be used for construction.
It should be noted that one of the City's requirements is the provision by Richman of a
general release from SPCA releasing the City from any and all causes of actions, claims,
demands or alleged damages arising from or related to the original RFP issued by the
City.
Finally, it should be noted that this garage facility may, dependent upon the design,
require special exceptions for items such as lot coverage. There is no special exception
required for height. Special exceptions will be considered by the City separately through
the planning and zoning process.
RECOMMENDA'T'ION
Approval is recommended.
Attachments
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PROPOSED LEASE SUMMARY �
1, Tenant:
Mark Richman Properties ( "MRP,
2. Landlords City of South Mianni
3. Guarantor: Mark Richman (see paragraph 10)
4. Demised Premises.
(a) The municipal parking lot located at S.W. 73 d Street, S.W. 58'h Avenue,
and S.W. 58`h Court together with the air rights over the Mark Richman Property located
at the corner of S.W. 73rd Street and S.W. 58th Court, in the City of South Miami.
(b) Permitted use: mixed use retail and parking garage building.
5. Air Rights: MRP will bleed the air rights to the City.
6. Assignment from SPG. SPG under the lease agreement with the City
specifically reserved the right to assign the Project to MRP. MRP shall obtain a formal
assignment to develop the Project from SPG.
7. Release: MRP will secure a general release from SPG releasing the City from
any and all causes of action, claims, demands or alleged damages arising from or related
to the Request for Proposal issued by the City of South Miami. A cope of the Release
language is attached:
8. Tax Abatement. During the lease term, the City shall abate its share of the ad
valorem taxes assessed against the l 1;345 square feet of retail to be located on the City's
property.
9. Lease Agreement with MRP: MRP proposes to enter into a lease agreement
with the City.
A� Initial Terra. The initial term of the lease agreement with Richman
Properties will be for 50 years. Where is no renewal option;
B. Ownership of the Building. The City of Soutar Miami owns the parking
structure, including the air rights over the Richman Property.
C. Alleyway Considerations. The proposed Project as reconfigured should
not impact the alleyway immediately behind Tubby Properties,
D, Easement. NIRP shall grant the City a perpetual non - exclusive easement
for seven parking spaces located on ground level which are partially situated on MRP's
Parcel.
Page I of 3
E. Thirty Decal Spaces. The City will provide Richman the first option to
acquire 30 decal spaces for his tenants at the then prevailing rates. As consideration for
the easement, the City will reduce the rate charged for seven parking spaces to account
for MRP" ownership interest in the seven ground level spaces.
F. Rent Payments. The rent payments for MRP will be calculated to be
sufficient to allow for the repayment of MRP's share of the principal and interest of the
Project loan,
10, Financing: The City of South Miami shall procure the Project loan to finance the
design and construction of the Project. The City can pledge its parking revenues to
obtain the Project financing, MRP will pledge the rental income earned from the retail
space. Mark Richman will also personally guarantee MRP's share of the bridge loan.
The remainder of MRP's share of the loan will be secured by the Lease, the New MRP
Building and the MRP Land. The bridge loan will be used to allow MRP to pay for
project related costs (including its share of the architectural and engineering fees),
refinance the MRP property (this allows the City to be in first position as the secured
creditor) and to pay for the City's share of architectural and engineering fees. The parties
anticipate that the permanent financing for construction would be obtained in November,
2002, The application for bridge financing will take approximately 45-60 days to process
and fund. Bank of America will require that certain commission approvals be in place to
ensure that the Project is viable before funding. Approval of the new lease agreement
with MRP should be sufficient.
10. Cost Sharing: The costs of the design and construction of the Project will be
shared as follows:
(a) The parties will participate in the design and construction costs of the
Project in proportion to each party's gross area occupation of the Project,
(b) The Landlord will pay 100 % of the costs of construction of additional
parking levels on the Parking Structure which may be constructed at a future date:
(c) The Landlord will contribute $ 100,000 towards Tenant's share of the
construction casts of the shell' of the Project.
(d) MRP will pay 100% of the costs associated with demolishing the Old
MRP building.
(e) Tenant will pay its proportionate share of the fees associated with
obtaining the bridge and long term financing based on its percentage of the Borrowings.
Tenant will pay 100% of the cost of the retail space build out of the
Replacement MRP Building and the Premises.
Page 2 of 3
(g) Landlord will pay 100% of the cost of the parking structure finishes.
12. Design and Construction: The City wiil prepare requests for proposals for the
selection of an architect and a construction management fire.
l3. Commencement of Construction: The parties estimate that construction will
commence in January- February, 2003. No holiday season construction which impacts
the retail shops by severally impacting traffic flow will occur,
14, Project Name: The City agrees to consult with MRP to select a name for the
Project.
Page 3 of 3
1 ORDINANCE NO.
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
`CONTRACTS; APPROVING A LEASE AGREEMENT BETWEEN THE
b CITY AND MARK RIC MAN PROPERTIES, INC., FOR TIME
7 GRANTING OF AIR RIGHTS ABOVE MRP PROPERTY TO THE
8 CITE', THE LEASE BY MRP OF CERTAIN CITY PROPERTY AND
9 THE CO- DEVELOPMENT OF A ,PARKING STRUCTURE PROJECT
10 AT SCI 73 STREET BETWEEN SW 58 COURT AND 58 AVENUE;
11 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
12 AND AN EFFECTIVE DATE.
13
14
15 WHEREAS, the City of South Miami is the owner of property located at S.W. 73rd
16 Street on the south; S.W. 58`x' Avenue on the east, S.W. 58th Court on the west and an
17 alleyway on the north, which is currently used for surface parking; and,
18'
19 WHEREAS, the Mayor and City Commission, desiring to develop a multi -use
20 parking facility on the property, issued a Request for Proposals on June 20, 1997; and,
21
22 WHEREAS, the response by SPG Phase One, Ltd. was selected by the Mayor and
23 City Commission, the parties engaged in extensive negotiations' over the terms and
24 conditions of the agreement for the construction' and management of the parking facility,
25 and the City approved a lease agreement between the City and SPG; and,
26
27 WHEREAS, the lease agreement allows SPG to assign the pease to Mark
28 Richmond Properties, Inc. and the City has re- negotiated the lease to provide that MRP
29 will deed the air rights over its property to the City:, the City will lease additional ground
30 space to MRP for retail use, and the parties will co- develop a parking structure on the
31 property; and,
3
33 WHEREAS, this lease agreement -will be subject to approval by the City of
34 applications for development approval of the property, such as special exceptions,
35 funding of the development by the Florida: Municipal Loan Council or other Tender
36 acceptable to the City, a determination of credit - worthiness of Mr. Richmond in
37 con=nection with any private guarantee for repayment of funds borrowed by the City, and
38 delivery of a release of liability by SPG and its principals; and,
39
40 WHEREAS, the Mayor and City Commission have determined that it is in the
41 bests interests of the City of South Miami to enter into the proposed Agreement.
42
Page 1 of 2
Additions shown by underlining and deletions shown by &*eF st g,
2 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
3�� COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
T
Section 1. The Lease Agreement between the City of South Miami and Mark
6 Richman Properties, Inc, dated November , 2001, which is annexed to this ordinance,
7 is approved;
8
9 Section 2, The City Manager is authorized to execute the Agreement on behalf
10 of the City of South Miami,
11
12 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
13 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
14 shall not affect the validity of the remaining portions of this ordinance.
15
16 Section 4- All ordinances or parts of ordinances in conflict with the provisions
17 of this ordinance are repealed:
18
19 Section 5. This ordinance shall tale effect immediately upon approved.
20
21 PASSED AND ADOPTED this day of ,20 .
22
23 ATTEST; APPROVED:
24
25
26 CITY CLERK MAYOR
27
28 1 St Reading —
29 2"a Leading
30
31 COMMISSION VOTE:
32 READ AND APPROVED AS TO FORT Mayor Robaina.
33 Vice Mayor F°liu;
34 Commissioner Wiscombe.
35 CITY ATTORNEY Commissioner Bethel;
36 Commissioner Resell;
37
Page 2 of 2
Additions shown by underlinin and deletions shown by e*apst4
1. Tenant:
2. Landlord:
3. Guarantor:
PROPOSED LEASE SUMMARY
Mark Richman Properties ( "MRP ")
City of South Miami
Mark Richman (see paragraph 10)
4. Demised Premises:
(a) The municipal parking lot located at S.W. 73`a Street, S.W. 58th Avenue,
and S.W. 581h Court together with the air rights over the Mark Richman Property located
at the corner of S.W. 73`d Street and S.W. 58th Court, in the City of South Miami.
(b) Permitted use: mixed use retail and parking garage building.
5. Air Rights: MRP will deed the air rights to the City.
6. Assignment from SPG: SPG under the lease agreement with the City
specifically reserved the right to assign the Project to MRP. MRP shall obtain a formal
assignment to develop the Project from SPG.
7. Release: MRP will secure a general release from SPG releasing the City from
any and all causes of action, claims, demands or alleged damages arising from I or related'
to the Request for Proposal issued by the City of South Miami. " A copy of the Release
language is attached.
8. Tax Abatement: During the lease term, the City shall abate its share of the ad
valorem taxes assessed against the 11,345 square feet of retail to be located on the 'City's
property.
9. Lease Agreement with MRP: MRP proposes to enter into a- lease agreement
with the City.
A. Initial Term. The initial term of the 'lease agreement with Richman
Properties will be for 50 years. There is no renewal option.
B. Ownership of the Building. The City of South Miami owns the parking
structure; including the air rights over the Richman Property.
C. Alleyway Considerations. The proposed Project as reconfigured should
not impact the alleyway immediately behind Dabby Properties:
D. Easement. MRP shall grant the City a perpetual non- exclusive easement
for seven parking spaces located on ground level which are partially situated on MRP's
Parcel.
Page 1 of 3
E. Thirty Decal Spaces. The City will provide Richman the first option to
acquire 30 decal spaces for his tenants at the then prevailing_ rates. As consideration for
the easement, the City will reduce the rate charged for seven parking spaces to account
for MRP" ownership interest in the seven ground level spaces.
F. Rent Pants. The rent payments for MRP_ will be calculated to be
sufficient to allow for the repayment of MRP's share of the principal and interest of the
Project loan.
10. Financing: The City of South Miami shall procure the Project loan to finance the
design and construction of the Project. The City can pledge its parking revenues to
obtain the Project financing. MRP will pledge the rental income earned from the retail
space. Mark Richman will also personally guarantee MRP's share of the bridge loan.
The remainder of MRP's share of the loan will be secured by the Lease, the New MRP
Building and the MRP Land. The bridge loan will be used to allow MRP to pay for
project related costs (including its share of the architectural and engineering fees),
refinance the MRP property (this allows the City to be in first position as the secured
creditor) and to pay for the City's share of architectural and engineering fees. The parties
anticipate that the permanent financing for construction would be obtained in November,
2002. The application for bridge financing will take approximately 45 =60 days to process
and fund. Bank of America will require that certain commission approvals be in place to
ensure that the Project is viable before funding. Approval of the new lease agreement
with MRP should be sufficient.'
10. Cost Sharing: The costs of the design and construction of the Project will be
shared as follows:
(a) The parties will participate in the design and construction costs of the
Project in proportion to each party's gross area occupation of the Project.
(b) The Landlord will pay 100% of the costs of construction of additional
parking levels on the Parking Structure which may be constructed at future date.
(c) The Landlord will contribute $100,000 towards Tenant's share of the
construction costs of the shell of the Project.
(d) MRP will pay 100% of the costs associated with demolishing the Old
MRP building.
(e) Tenant will pay its proportionate share of the fees associated with
obtaining the bridge and long term financing based on its percentage of the Borrowings.
(f) Tenant will pay 100 % of the cost of the retail space build out of the
Replacement MRP Building and the Premises.
Page 2 of 3
(g) Landlord will pay 100 % of the cost of the parking structure finishes.
12. Design and Construction: The City will prepare requests for proposals for the
selection of an architect and a construction management firm.
13. Commencement of Construction: The parties estimate that construction will
commence in January - February, 2003. No holiday season construction which impacts
the retail shops by severally impacting traffic flow will occur.
14. Project Name: The City agrees to consult with MRP to select a name for the
Project.
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 CONTRACTS; APPROVING A LEASE AGREEMENT BETWEEN THE
6 CITY AND MARK RICHMAN PROPERTIES, INC., FOR THE
7 GRANTING OF AIR RIGHTS ABOVE MRP PROPERTY TO THE
8 CITY, THE LEASE BY MRP OF CERTAIN CITY PROPERTY AND
9 THE CO- DEVELOPMENT OF A PARKING STRUCTURE PROJECT
10 AT SW 73 STREET BETWEEN SW 58 COURT AND 58 AVENUE;
11 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
12 AND AN EFFECTIVE DATE.
13
14
15 WHEREAS, the City of South Miami is the owner of property located at S.W. 73rd
16 Street on the south, S.W. 581h Avenue on the east, S.W. 58th Court on the west and an
17 alleyway on the north, which is currently used for surface parking; and,
18
19 WHEREAS, the Mayor and City Commission, desiring to develop a multi -use
20 parking facility on the property, issued a Request for Proposals on June 20, 1997; and,
21
22 WHEREAS, the response by SPG Phase One, Ltd. was selected by the Mayor and
23 City Commission, the parties engaged in extensive negotiations over the terms and
24 conditions of the agreement for the construction and management of the parking facility,
25 and the City approved a lease agreement between the City and SPG; and,
26
27 WHEREAS, the lease, agreement allows _ SPG to assign the lease to Mark
28 Richmond Properties, Inc. and the City has re- negotiated the lease to provide that MRP
29 will deed the air rights over its property to the City, the City will lease additional ground
30 space to MRP for retail use, and the parties will co- develop a parking structure on the
31 property; and,
32
33 WHEREAS, this lease agreement will be subject to approval by the City of
34 applications for development approval of the property, such as special exceptions,
35 funding of the development by the Florida Municipal Loan Council or other lender
36 acceptable to the - City, a determination of credit - worthiness of Mr. Richmond in
37 connection with any private guarantee for repayment of funds borrowed by the City, and
38 delivery of a release of liability by SPG and its principals; and,
39
40 WHEREAS, the Mayor and City Commission have determined that it is in the
41 bests interests of the City of South Miami to enter into the proposed Agreement.
42
Page l of 2
Additions shown by underlining and deletions shown by ^--°rr-
1
2 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
3 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
4
5 Section 1. The Lease Agreement between the City of South Miami and Mark
6 Richman Properties, Inc, dated November , 2001, which is annexed to this ordinance,
7 is approved:
8
9 Section 2. The City Manager is authorized to execute the Agreement on behalf
10 of the City of South Miami.
11
12 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
13 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
14 shall not affect the validity of the remaining portions of this ordinance.
15
16 Section 4. All ordinances or parts of ordinances in conflict with the provisions
17 of this ordinance are repealed.
18
19 Section 5. This ordinance shall take effect immediately upon approved.
20
21 PASSED AND ADOPTED this day of , 20—.
22
23 ATTEST: APPROVED:
24
25
26 CITY CLERK MAYOR
27
28 1st Reading
29 2nd Reading
30
31 COMMISSION VOTE:
32 READ AND APPROVED AS TO FORM Mayor Robaina:
33 Vice Mayor Feliu:
34 Commissioner Wiscombe
35 CITY ATTORNEY Commissioner Bethel:
36 Commissioner Russell:
37
Page 2 of 2
Additions shown by underlining and deletions shown by erg
LEASE AGREEMENT
Between
CITY OF SOUTH MIAMI, as Landlord
and
MARK RICHMAN PROPERTIES, INC., as TENANT
November , 2001
TABLE OF CONTENTS
Page
1.
Recitals .................................................................................... ..............................2
2.
Definitions .... ............................... .......................................... ..............................2
3.
Lease of Premises ......................... ..................................... ..............................6
3.1. Lease of Premises ................................ ............................... .....................6
4.
Term ................................................................................. ..............................6
4.1. Original Term ..........................:.............................. ..............................6
5.
Rent ............. ............................... ..... .. ....... ... .......6
5.1. Base Rent ................................................................. ............................... 6
5.2. Additional Rent ....................................................... ..............................6
6.
Payment ............... ............................... ............................. ..............................6
6.1. Payment of Rent ...................................................... ..............................6
6.2. Delivery of Payment ................... ............. ............................... ......6
6.3. Delinquency .................................... ............................... ..................... 6
7.
Title; Delivery of Possession; Easements ............................ ............................... 7
7.1. Covenants of Title by Landlord ... .............................. ..............................7
7.2. Covenants of Title by MRP ......... ............................ ..............................7
7.3. Easement ................................................................... ..............................7
8.
Zoning, Development of Land and Pre- Construction Activity . ............................... 7
8.1. Development Rights ................... ............................ ............................... 7
8.1.1. Parking Structure .......................................... ..............................7
8.1.2. Premises ..... ................... ........................... ..............................7
8.1.3 Replacement MRP Building ........................ ............................... 7
8.2. Selection of the Architect ........... ............................. ..............................7
8.3. Plans and Schedules ................................................ ..............................7
-i - `
8.4.
Selection of Construction Management Firm ..................... .....................8
8.5.
Conform with AIA and BOMA Method....' .................. ..............................8
Administration of the Construction ............................. ............................... 9
8.6.
Material Changes ....................... ............................. ...............................
8
8.7.
Designation of Representatives ..` ................ ............................... `...........8
9
9.5.
8.7.1. Approve Documents ........ ..... ............................... .....................
8
Project Amenities ........................................................ ..............................9
8.7.2. Consent to Actions .......... ............................... ..............................8
9.7.
Holiday Season Construction .................................. .............................10
8.7.3. Make Appointments ......... ............................. ..............................8
9.8.
Foundations ............................................................... .............................10
8.7.4. Change of Representative .. .......................... ...............................
8
9. Construction of Project....... ................................................. .............._...............8
10.1.
9.1.
Design Development .................. .............................. ...............................
8
11. Tax Treatment ........................................................................... .............................10
11.1.
12. Even
12.1.
12.2.
12.3.
12.4.
Tax Abatement ............................................................. .............................10
is of Default by MRP .................................................. .............................10
Failure to Pay ...... ............................... ................... .............................10
Failure to Perform ............:..................................... .............................11
Remedies for Default by Tenant ........... ................... .............................11
Events of Default by Landlord ............... ................... .............................11
12.4.1 Failure to Perform....... .................................. .............................11
-ii-
9.1.1. Project Design ................................................... ..............................8
9.1.2. Design Documents .......... ............................ ..............................8
9.2.
Administration of the Construction ............................. ............................... 9
9.3.
Cost Sharing ............................................................ ..............................9
9.4.
Performance ............................................................ ...............................
9
9.5.
Completion of Construction ....................................... ..............................9
9.6.
Project Amenities ........................................................ ..............................9
9.7.
Holiday Season Construction .................................. .............................10
9.8.
Foundations ............................................................... .............................10
10. Project Financing .................................................................... .............................10
10.1.
MRP Note .................................................................. .............................10
10.2.
Collateral for Project Financing ............. ................. .............10
10.3.
Richman Guarantee .............................. .................... .............................10
11. Tax Treatment ........................................................................... .............................10
11.1.
12. Even
12.1.
12.2.
12.3.
12.4.
Tax Abatement ............................................................. .............................10
is of Default by MRP .................................................. .............................10
Failure to Pay ...... ............................... ................... .............................10
Failure to Perform ............:..................................... .............................11
Remedies for Default by Tenant ........... ................... .............................11
Events of Default by Landlord ............... ................... .............................11
12.4.1 Failure to Perform....... .................................. .............................11
-ii-
iii
12.5. Remedies for Default by Landlord ...... .................... .............................12
13.
Condemnation .........................................`........................... .............................12
13.1. Taking of Entire Premises . ..................................... .............................12
13.2. Payments of Fees and Costs ............... ............................... ...................12
14.
Use and Care... ...._ ...................... ....................................... .............................12
14.1 Use ............................................................... .............................12
14.2. ' Operating Standards ............................................. .............................12
14.3. Use Restrictions...........` ..... ....................................... .............................12
14.4. Applicable Law .................................................... .............................13
14.5. Environmental .................. .................................... .............................13
14.6. Parking Spaces Reserved for Tenant ......................... .............................13
15.
Repair and Maintenance ........................................................ .............................13
15.1. Landlord's Responsibility .. ................................... .............................13
15.2. Tenant's Responsibilities ... ..................................... .............................13
16.
Loss of Property ................................................................... ............,................13
17.
Renovation .... ............................... ....................................... .............................13
17.1. Tenant's Rights ......................................................... .............................13
18.
Access to Premises .............................................................. .............................13
19.
Operation and Management of Improvements .... .................. .............................14
19.1. Non- Interference ......................................................... .............................14
19.2. Indemnification ................. ....................................... .............................14
20.
Surrender of Premise .................... ....................................... .............................14
21.
Sale of Leasehold, Subletting, Landlord's Assignment ......... .............................14
21.1. Right to Transfer Leasehold ...................................... .............................14
21.1.1. Rights to Sublease ........................................ .............................14
21.2. Landlord Assignment..... ......................................... .............................14
iii
21.3. Compliance with City Charter ................................... .............................15
22.
Insurance ' . ............................... ......... ............................... .............................15
22.1. Acquisition of Insurance Policies ............................ ............................15
22.2. Types of Required Insurance ................................. .............................15
22.2.1. Commercial General Liability Insurance ........ .............................15
22.2.2, Physical Property Damage Insurance ............ .............................15
22.2.3. Business Interruption ......:........ ............................... ...................16
22.3. Terms of Insurance ........... ...................................... .............................16
22.4. Landlord's Acquisition of Insurance .............., ........ .............................16
22.5. Insurance Money and Other Funds Held in Trust t.. ....... .............................16
22.6. Waiver of Subrogation. ...... ...................................... .............................16
23.
Relation of the Parties .......................................................... .............................17
24.
Acts of God; Unavoidable Delays . ................. ............................... ...................17
24.1. Acts of God ................................................. ............................... ,........17
25.
Landlord's Covenant of Quiet Enjoyment ..... ........................ .............................17
26.
Brokerage ....................................:....................................... .............................17
27.
Time of Essence ...... ............................... ............................. .............................17
28.
Notices ...................... ............................... ............................ ......................:......17
29.
Compliance with Laws and Ordinances . ............................. .............................18
29.1. Compliance ............................................................. .............................18
29.2. Contest by Tenant ...... ................ ............................ .............................18
30.
Representations and Warranties ............................................ .............................18
30.1. Landlord's Representations ......... .............................. ....,........................18
30.1.1. Free of Violations .. ,....... . ......... .................. .............................18
30.1.2. No Actions Affecting Use .............. ............................... .........18
30.2. Landlord's Warranties .......................................... .............................19
iv -
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30.2.1. Authority to Bind... ........................... ............................... .........19
30.2.2. Free of Tenancies.... ................................... .............................19
30.3. Tenant's Representations and Warranties ................ .............................19
30.3.1. Tenant's Representations . ........................... .............................19
30.3.1.1. Free of Violations .................. .............................19
30.3.1.2. No Actions Affecting Use ........ .............................19
30.3.2. Authority to Bind ............. ............................ .............................19
31. Exculpation ..... ...... ............................... ............................ .............................19
32. Prior to Construction ........... ................................................ .............................19
33. Destruction After Construction . ........................ .................... .............................20
34. General Provisions.... ......................................................... .............................20
34.1. Severability ............ ............................... ................. .............................20
34.2. No Waiver .....................
34.3. Entire Agreement ................................................... .............................20
34.4. Successors and Assigns ................................................ .............................20
34.5. Modification and Rescission...... ............................... .............................20
34.6. Governing Law ......................................................... .............................20
34.7. Interpretation ....... ............................... .................... .............................20
34.8. Radon Disclosure . ............................... .................... .............................20
34.9. No Discrimination .................................................... .............................21
34.10. Attorneys' Fees ........................................................ .............................21
34.11. Reasonableness of Approvals ............... .................. .............................21
34.12. Duplicate Originals .................................................. ............................21.
34.13. Project Name ...... ............................... ................... .............................21
34.14. Superseding Effect . ............................... ................... .............................21
EXHIBIT A - Legal Description of City Land ........................ ................... .............................24
EXHIBIT B - Legal Description of MRP Land ......................................... .............................25
EXHIBIT C - Title Exceptions for City Land ......................... .................... .............................26
EXHIBIT D - MRP Note ............................................................................. .............................27
-v-
EXHIBIT E Payment Schedule for MRP Note ... ' ..........................:.......... .............................28
EXHIBIT F - Mark Richman Guarantee .................... ............................... ............................29
EXHIBIT G - Title Exception MRP Land ................................................ .............................30
EXHIBIT H - Project Schedule ............................................................. ............................... 31
- vi
LEASE AGREEMENT
This Lease is made by and between the City of South Miami, a municipality of Miami -Dade
County, Florida ( hereinafter "Landlord ") and Mark Richman Properties, Inc., aFlorida corporation
(hereinafter "Tenant ") on the following terms and conditions:
RECITALS
A. Landlord owns certain Land (as hereinafter defined) located in the City of South Miami,
Miami -.Dade County, Florida which is presently used as a public parking lot;
B. On February _, 2000, the City Commission approved a`lease agreement with SPG Phase
One, Ltd., by Resolution, for the design, construction, and management of the Parking
Structure (as hereinafter defined) which included mixed -use retail and office space;
C. The lease between Landlord and SPG ( "SPG Lease ") was executed on
D. In order to enhance the functionality of the Parking Structure, SPG proposed to build a
portion of the Parking Structure in the Airspace (as hereinafter defined) above land owned by
Tenant which is contiguous to the City's parking lot ( "MRP Land ").
E. The SPG Lease approved by the City Commission pursuant to the Resolution contains a
provision authorizing the assumption of the SPG Lease and transfer of the development and
management rights to Tenant.
F. Tenant has assumed the SPG Lease and acquired from SPG via assignment the rights to
develop the Parking Structure.
G. Tenant will deed certain air rights over the MRP Land to Landlord and Landlord agrees to
co- develop the Parking Structure Project ("Project"). The Project will be two stories with
approximately 250 spaces and 19,345 square feet of retail, including the Replacement MRP
building (hereinafter defined).
H. Tenant will share in the costs associated with the design and construction of the Parking
Structure (as hereinafter defined).
I. The Landlord retains the rights to manage the Parking Structure (hereinafter defined) and all
parking revenues generated by the Parking Structure.
_1_
NOW, THEREFORE, in consideration of the premises and other valuable consideration, the
parties hereto agree as follows:
1. Recitals. The recitals are true and correct, and form a part of this Agreement.
2. Definitions. The terms provided herein shall be defined for purposes of this Lease
as follows:
2.1. "Affiliate" means (i) any person who, directly or indirectly or through one or
more intermediaries, controls, is controlled by, or is under common control with another person or
entity or (ii) any person who owns, directly or indirectly, 50% or more of the value of the outstanding
shares or other equity interests of another person:
2.2. "Architect" means the architectural firm selected in accordance with paragraph
8.2.
2.3. "Airspace" means that certain volume of air over the MRP Land in which a
portion of the Parking Structure will be built.
2.4. `Borrowing" means the monies borrowed by the Landlord as provided in
Paragraph 10.1.
2.5. "Charter" means the municipal charter of the City of South Miami, Florida.
2.6. "City" means the City of South Miami, Florida.
2.7. "Commencement of Construction" means the day the Notice of
Commencement is put of record.
2.8. "Common Areas" means those areas of the Proj ect which are open for the use
by tenants of the Project or by the public, including but not limited to any sidewalks, public
receiving, loading and delivery areas, public lobbies, public exits and entrances, hallways,, elevators,
stairways, and restrooms.
2.9. "Completion Date" means the date Completion of Construction as provided in
subparagraph 9.5.
2.10. "Completion of Construction" means the earlier of the date upon which the
Parking Structure is issued a certificate of occupancy or the date upon which the Parking Structure is
issued a temporary certificate of occupancy.
2.11. "Construction Management Firm" means the construction management firm
selected in accordance with paragraph 8.4.
2.12. "Construction Management RFP" means the request for proposals for a
construction management firm as provided in Paragraph 8.4.
-2-
2.13. "Construction Period" means the period commencing with the Permit Date
and ending on the Completion of Construction.
2.14. "Conveyance" means the deed to the Airspace to be recorded in the public
records of Miami -Dade County that transfers ownership of the Airspace from Tenant to the
Landlord.
2.15. "Declaration" means the Declaration of Easements Covenants and Restrictions
executed by Landlord and Tenant that will be filed in the public records of Miami -Dade County,
Florida, relating to the Project.
2.16. "Default Rate" means eighteen (18 %) percent p.a. for purposes of
subparagraph 12.1.
2.17. "Development Code" means the City of South Miami Land Development
Code as in effect on the Effective Date hereof and as amended from time to time.
2.18. "Development Rights" means the rights granted to Tenant for the development
of the Project pursuant to the terms of this Lease as more particularly described in Paragraph 8.1.
2.19. "Effective Date" means the date this Lease is to be fully binding upon the
parties as stated on the execution page hereof.
2.20. "Land" means that certain municipal parking lot located at S.W. 73rd Street,
S.W. 58th Avenue, and S.W. 58th Court, in the City of South Miami, Florida as more particularly
described according to its legal description as set forth on Exhibit A, attached hereto, including all
rights and interests appurtenant thereto.
2.21. "Landlord" means the City of South Miami, Florida, a municipality located in
Miami -Dade County, Florida.
2.22. "Lease Commencement Date" means the date of issuance of a C.O. or T.C.O
for the retail portions of the Project, which includes the Premises.` Landlord and Tenant shall
establish the Lease Commencement Date pursuant to a written instrument executed by both parties
immediately after the Lease Commencement Date.
2.23. "Lease Year" means the consecutive twelve calendar month period
commencing on the Lease Commencement Date and each such consecutive twelve calendar month
period thereafter during the Lease Term; provided, however, that if the Lease Commencement Date
is not the first day of the calendar month, Lease Year shall mean the consecutive twelve calendar
month period commencing on the first day of the calendar month immediately following the Lease
Commencement Date and each such consecutive twelve calendar month period thereafter during the
Lease Term.'
2.24. "Lease Term" means the period consisting of 50 consecutive Lease Years
commencing on the Lease Commencement Date.
-3
2.25. Base Rent" means the rent due Tenant to Landlord to satisfy Tenant's
obligation under the MRP Note.
2.26. "MRP" means Mark Richman Properties, Inc., a Florida corporation, or any
successor thereto.
2.27. "MRP Land" means that certain improved lot at the corner of S.W. 73 Street
and S.W. 58th Court owned by MRP, upon which is situated the Old MRP Building and which is
more particularly described according to its legal description as set forth on Exhibit "B—" attached
hereto.
2.28. "MRP Note" shall have the meaning provided in 10.1.
2.29. "Replacement MRP Building" means the shell of a new one -story structure to
be built as a replacement for the Old MRP Building and over which the Airspace will be occupied
by portion of the Parking Structure. The Replacement MRP Building shall contain approximately
11,500 square feet of gross area. The Replacement MRP Building shall not include any portion of
the Parking Structure.
2.30. "Old MRP Building" means the existing one -story building located on the
MRP Land which is to! be demolished and replaced with the Replacement MRP Building.
2.31. ``Parking Structure" means that portion of the Project which excludes the
Replacement MRP Building, the MRP Land and the Premises (hereinafter defined). A portion of the
Parking Structure is located within the Airspace.'
2.32. ``Permits" means all final, unappealed and unappealable building permits and
other permits, licenses; permissions, consents, and approvals required to be obtained from the (i)
City of South Miami, (ii) Miami -Dade County, (iii) the State of Florida, (iv) the United States, (v)
any agency or political subdivision of any of the foregoing having jurisdiction over the Projector any
portion thereof, or (vi,) any agreements, waivers, or consents of any third - parties relating to or
affected by the Project; all of which are required to allow the construction of the Project and any
subsequent improvements, repairs, replacements or renewals in accordance with the Development
Code and all other applicable laws, ordinances, or regulations.
2.33. "Permit Date" means the date all Permits are issued on anon-appealable basis
which allows the construction of the Project to proceed.
2.34. "Plans" means the plans, drawings, and specifications referenced in
subparagraph 8.3.
2.35. "Premises" means that portion of the Land which will be improved with
approximately 11,345 square feet of retail space which is the subject of this Lease.
2.36. "Project means the Land, the Parking Structure, the MRP Land, the
Replacement MRP Building and the Premises together with all other rights and interests appurtenant
thereto.
-4
2.37. "Project Schedule" means the schedule developed and approved by the
Construction Management Firm indicating the dates for significant events and timetables for
completion.
2.38. "Rent" means Base Rent and Additional Rent.
2.39. ` "Architectural RFP" means the request for proposals from a professional
architect as described in Paragraph 8.2.
2.40. "Resolution" means the approval of the Lease Agreement with SPG effective
February_, 2001, Resolution No.:
2.41. "Sales Tax" means all Florida state, county, and /or municipal sales, use, or
similar taxes, and all local option surtaxes assessed upon or in relation to Rent due and payable to
Landlord by MRP hereunder.
2.42. "SPG" means SPG Phase One, Ltd. A Florida limited partnership.
2.43. "Subtenant" means a person or firm who leases space in the Premises or leases
one or more parking spaces from Tenant.
2.44. "Successor Tenant" means a person to whom Tenant's interest in the Lease is
transferred as more particularly described in Section 21.1.
2.45. "Taking" means the acquisition of all or a portion of the Premises by any
federal, state, county or municipal sovereign or their proper delegates, by condemnation proceeding
by the power of eminent domain.
2.46. "Tenant" means MRP and any successor thereto as a result of merger,
consolidation, or other reorganization provided that the current principal of MRP maintains
controlling interest in the new entity; and any successor created as the result of the death of the
principal.
2.47. "Unavoidable Delay" means delays due to strikes, Act of God, floods, fires
any act, negligence or failure to perform of the Landlord, or any employee or agent of Landlord,
unusual delay in obtaining labor or materials, inability to obtain, in accordance with this Lease,
zoning, special exceptions, variances, site plan approval, building and other permits, certificates of
occupancy or other approvals, governmental restrictions, enemy action, terrorism, civil commotion,
casualty, sabotage, restraint by court or public authority, moratoriums, the development of the
Project being defined to be a development of regional impact.
3. Lease of Premises:
3.1. Lease of Premises. Subject to the terms, conditions, covenants, and other
provisions provided hereinafter, Landlord does hereby lease, let, and demise unto Tenant and Tenant
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does hereby lease, hire, and take from Landlord the Premises estimated at 11,345 square feet to have,
hold, and use for the entire Lease Term.
4. Term.
4.1. Original Term. The original Lease Term shall be fifty years starting on the
Lease Commencement Date (or, if the Lease Commencement Date is not the first day of the month,
the first day of the calendar month following the Lease Commencement Date)" unless modified,
extended, or sooner terminated as provided hereinafter.
5:- Rent.
5.1. Base Rent. Commencing with the first Lease Year and for each Lease Year
thereafter during the Lease Term, Tenant shall pay Landlord rental payments equal to Tenant's
obligation under the MRP Note until the MRP Note has been fully satisfied. Apayment schedule is
attached and incorporated under Exhibit At such time as the MRP Note has been fully satisfied,
MRP shall pay the Landlord an annual rental payment of $1.00 per year.
5.2 Additional Rent. Tenant shall pay Landlord as Additional Rent those amounts
described in Paragraph 22.4.
6. P
6.1. Payment of Rent. Tenant shall pay the Landlord, as Base Rent, Tenant's share
of the Borrowings as provided for in the MRP Note, for the payment by Landlord under the
Borrowings, no later than five (5) days before the due date.
6.2. Delivery of Pgyment. Rent payments shall be by check made payable to "City
of South Miami" and, unless instructed otherwise in writing by Landlord, delivered to:
City of South Miami
6'130 Sunset Drive
South Miami, Florida 33143
Attn: City Manager
6.3. Delinquency. The Base Rent is delinquent if not received by Landlord five (5)
days before the respective due date for loan repayment for the Borrowings. Landlord may assess
Tenant a charge of 18 %per annum on a pro rated basis until such amount is paid in full. If the Base
Rent remains delinquent for thirty (30) days after the date which such rent is otherwise due, Landlord
shall provide written notice to Tenant, if the Base Rent is not received within ten days after Tenant's
receipt of this notice, an Event of Default shall have occurred, and Landlord may proceed to exercise
all of its rights and remedies as provided in Paragraph 12.
7. Title; Delivery of Possession; Easements.
7.1. Covenants of Title by Landlord. Landlord represents and warrants that, as of
the Effective Date, Landlord is the owner of the Land and that the Land is free from all liens,
encumbrances, restrictions, covenants, and defects in title other than those set forth in Exhibit _
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which is attached hereto and made a part hereof Landlord further represents that there are no
restrictions which will delay, interfere with, or prohibit Landlord entering into this Lease and the
construction of the Project as provided herein.
7.2. Covenants of Title by MRP. MRP represents and warrants that, as of the
Effective Date, MRP is the owner of the MRP Land and that the MRP Land is free from all liens,
encumbrances, restrictions, covenants, and defects in title other than those set forth in Exhibit
which is attached hereto and made a part hereof. MRP further represents that there are no restrictions
which will delay, interfere with, or prohibit MRP from transferring fee simple interest to the
Airspace to the City for the construction of the Project as provided herein.
7.3. Easement. MRP 'grants and dedicates to the Landlord a perpetual non -
exclusive easement for the continued use of seven parking spaces partially situated on a portion of
MRP's parcel, more particularly described on Exhibit attached hereto (the "Easement Parcel ").
8. Zoning, Development of Land and Pre - Construction Activity.
8.1. Development Rights. Landlord hereby approves the Development Rights of
the Land (and accordingly the construction of all improvements required in connection with such
development) to the densities and uses described in paragraph 8. 1.1 and 8.1.2 below:
8.1.1. Parking Structure. A two -story ` mixed -use building containing
approximately 250 parking spaces to be built on the Land and in the Airspace.
8.1.2. Premises. 11,345 square feet of ground floor retail space to be built on
the Land.
8.1.3. Replacement MRP Building. A one -story building with approximately
8,500 square feet of retail space to be built on the MRP Land.
8.2. Selection of the Architect. On the Effective Date of this Agreement, the City
and MRP shall prepare the request for proposal ( "the Architectural RFP ") pursuant to Chapter
287.055, Fla. Stat., for the selection of a professional architect to provide design services.
8.3. Plans and Schedules. Once the architect has been engaged as provided in
Paragraph 8.2, the Parties shall diligently pursue the preparation of plans, drawings, and
specifications (collectively, "Plans ") necessary for the construction of the Project. The Parties shall
fully cooperate with one another to facilitate the preparation of the Plans and submittal thereof to
obtain the Permits to allow the construction of the Project to begin in accordance with the Project
schedule developed by the Construction Management Firm.
8.4. Selection of Construction Management Firm. Contemporaneous with the
preparation of the Architectural RFP the City shall prepare and issue an RFP for a Construction
Management Firm ( "the Construction Management RFP ") to construct the Project under the
principles of construction manager at risk.
8.5. Conform with AIA and BOMA Method. Design development and schematic
drawings shall conform with the scope of work for such drawings as established by the standards of
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the American Institute of Architects and all area computations shall be made in accordance with the
BOMA Method.
8.6. Material Changes. Any material changes to the Plans shall be reviewed and
approved by the Parties within 10 working days after submittal. "Material Changes" shall mean any
changes to the Plans which alter the cost of the Project by more than five percent or which alter the
intended use of the Project or which effect the Schedule. The costs associated with material changes
shall be assumed entirely by the Parry requesting the change.
8.7. Designation of Representatives. Landlord and Tenant each agree to designate,
in writing, a person or persons who shall have the power, authority and right, on behalf of each Parry,
hereunder, to:
8.7.1. Approve Documents. Review and approve all documents, plans,
applications, and requests.
8.7.2. Consent to Actions. Consent to all actions, events, and undertakings
for which consent is required; and
8:7.3. Make Appointments. Make all appointments of persons, appraisers,
arbitrators or other individuals or entities required to be appointed or designated by the Parties in this
Lease.
8.7.4. Change of Representative. Either may change such designee at any
time upon prior written notice.
9. Construction of Project.
9.1. Design Development
9.1.1. Project Design. The Architect shall prepare design development
documents, comprising the drawings, outline specifications and other documents to fix and describe
the size and character of the entire work as to construction' and finish materials and other items
incidental thereto as may be appropriate and applicable for the Project.
9.1.2. Design Documents. The design development documents shall include
an updated timetable of work, outline specifications, and design development drawings required to
clearly delineate the work for the Project.
9.2. Administration of the Construction.
(a) For purposes of overseeing and expediting the Project, the Landlord's
and Tenant's representative shall work with the Architect and Construction Management Firm from
the beginning of planning through final construction completion.
(b) The Construction Management Firm will provide a Project schedule
and a Guaranteed Maximum Price (GMP) based on the design development documents.
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(c) The Construction Management Firm shall oversee all aspects of
construction of the Project and shall use reasonable and customary care to guard against defects and
deficiencies in the work.
9.3. Cost Sharing. The costs of the design and construction of the Project will be
shared as follows:
(a) The parties will participate in the design and construction costs of the
Project in proportion to each party's gross area occupation of the Project.
(b) The Landlord will pay 100% of the costs of construction of additional
parking levels on the Parking Structure which may be constructed at a future date.
(c) The Landlord will contribute $100,000 towards Tenant's share of the
construction costs of the shell of the Project.
(d) MRP will pay 100% o of the costs associated with demolishing the Old
MRP building.
(e) Tenant will pay its proportionate share of the fees associated with
obtaining the bridge and long term financing based on its percentage of the Borrowings.
(f) Tenant will pay 100% of the cost of the retail space build out of the
Replacement MRP Building and the Premises.
(g) Landlord will pay 100% of the cost of the parking structure finishes.
9.4. Performance. After Commencement of Construction, the Parties shall
diligently pursue the construction of the Project in accordance with the Project schedule which will
be attached and incorporated as Exhibit "
9.5. Completion of Construction. "Completion of Construction' ''' means the earlier
of the date upon which the Parking Structure and shell of Replacement MRP Building and shell of
Premises is issued a certificate of occupancy or the date upon which the Parking Structure is issued a
temporary certificate of occupancy. ( "Completion of Construction ")
9.6. Proj ect Amenities. The Parties agree to expend not less than one and one -half
percent (1.5 %) of the cumulative hard construction costs in connection with the construction of the
Project for acquisition or construction of amenities for the public areas of the Project. The term
"amenities" as utilized in the preceding sentence shall include, but not be limited to, landscaping,
plazas, awnings, decorative features, fountains, tile, courtyards, terraces, walkways, roof gardens,
passive and active recreational areas, murals, special graphic presentations, entertainment areas,
gazebos, water features' and facilities, and works of art.
9.7. Holiday Season Construction. The Parties shall not to engage in construction
activities between Thanksgiving Day and ,December 26 of any year that materially impact the
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",i'.:
neighboring retail shops by severely impeding traffic flows on 73rd Street, 58`x' Avenue or 58`h Court.
9.8. Foundations. The foundation system for the Project shall be designed to allow
for an additional two levels of parking which may be added to the Project in the future:
10. Project Financing.
10.1. ' MRP Note. The Landlord will use reasonable best efforts to borrow the funds
required to develop the Project from the Florida League of Cities and its underwriters ( "the
Borrowings"). By entering into this Agreement, Tenant agrees to pay the principal of, and interest
on, its share of all loans that comprise the Borrowings and this obligation of MRP shall be evidenced
by promissory notes duly executed and delivered to the Landlord substantially in the form of Exhibit
MRP agrees to repay the Landlord for its share of the financing closing costs for the
Borrowings.
10.2. Collateral for Project Financing. MRP agrees to repayment of the MRP
Note. MRP further agrees to pledge the Replacement MRP building and the MRP Land as collateral
for the for the MRP Note in a form acceptable to Landlord.
10.3. Richman Guarantee. Mark Richman agrees to provide the Landlord with a
personal guarantee for his portion of the bridge loan of the MRP Note providing the Landlord with
recourse against Mark Richman's assets in the event MRP defaults in its repayment obligation to the
Landlord. Mark Richman's personal guarantee is incorporated and attached as Exhibit
11. Tax Treatment.
11.1. Tax Abatement. During the lease term, the Landlord agrees to abate its share
of ad valorem taxes assessed, against the 11,345 square feet of retail space to be located on the Land.
12. Events of Default by P. , The following events are hereby defined as "Events of
Default" by Tenant:
12.1. Failure to Pay. Failure of Tenant to pay any Rent or any other payments of
money as herein provided or required when due shall constitute a monetary default of Tenant
hereunder. In the event that any Rent or other payment of money is not paid to Landlord on the date
the same becomes due and payable, Landlord shall give Tenant written notice and a 10 -day period
from receipt of such notice to pay same. If Tenant fails to pay the amount due to Landlord, together
with all interest due thereon within such 10 day period, then Landlord will be entitled to proceed to
exercise any and all remedies provided herein for an Event of Default. Tenant covenants and agrees
to pay to Landlord interest on the amount thereof from the date such payment or installment became
due and payable to the `date of payment thereof, at the Default Rate. Until Landlord has provided
Tenant with written notice pursuant to this subparagraph 12.1 and the time period for cure set forth
in this Lease has elapsed without such cure having been effected, the ;failure of MRP to perform or
comply with the monetary covenants of this Lease shall not be deemed an Event of Default.
12.2. Failure to Perform. Failure of MRP to perform.in accordance with or to
comply with any of the covenants, conditions and agreements which are to be performed or complied
with by MRP in this Lease other than those requiring payment of money as provided in subparagraph
10
12.1 above, and the continuance of such failure for a period of 30 days after notice thereof in writing
from Landlord to MRP (which notice shall specify the respects in which Landlord contends that
MRP has failed to perform any,such covenants, conditions and agreements), shall constitute an Event
of Default; provided, however, if such default cannot with reasonable diligence be cured within 30
days and MRP within such 30 -day period shall have commenced and thereafter shall have continued
diligently to prosecute all actions necessary to cure such default, then MRP shall have such
additional time as MRP requires while and so long as MRP ,continues to diligently prosecute all
reasonable actions necessary to cure such default, provided further that if such default shall be due to
MRP's abandonment of the Premises after the Commencement of Construction, then and in such
event the additional time within which to cure such abandonment shall not exceed 30 days. Until
Landlord has provided MRP with written notice pursuant to this subparagraph 12.2 and the time
periods for cure set forth in this Lease have elapsed without such cure having been effected, the
failure of Tenant to perform or comply with the nonmonetary covenants, conditions and agreements
of this Lease shall not be deemed an Event of Default.
12.3. Remedies for Default by Tenant.'` If any of the Events of Default by Tenant
shall occur, Landlord may, at its option, institute such proceedings as are reasonably necessary to
cure such defaults or to compensate Landlord for damages resulting from such defaults, including but
not limited to, the right to give to Tenant a notice of termination of this Lease. If such notice is given
the term of this Lease shall terminate, upon the date specified in such notice from Landlord to
Tenant, as fully and completely as if that date were the date herein originally fixed for the expiration
of the term of this Lease, and on the date so specified, Tenant shall then quit and peaceably' surrender
to Landlord the Premises. Upon the termination of this Lease, as provided in this subparagraph 12.4
all rights and interest of Tenant in and to the Premises hereunder shall cease and terminate and
Landlord may, in addition exercise its right against the MRP Land and the Mark Richman guarantee,
retain all sums paid to it by Tenant under this Lease and /or exercise any and all rights and remedies,
whether in law or in equity, that Landlord has against Tenant.
12.4. Events of Default by Landlord. The following events are hereby defined as
"Events of Default" by Landlord:
12.4.1. Failure to Perform. Failure of Landlord to perform in accordance with
or to comply with any of the other covenants, conditions and agreements which are to be performed
or complied with by Landlord in this Lease, and the continuance of such failure for a period of 30
days after notice thereof in writing from MRP to Landlord (which notice shall specify the respects in
which MRP contends that Landlord has failed to perform any such covenants, conditions and
agreements), shall constitute an Event of Default; provided, however, if such default cannot with
reasonable diligence be cured within 30 days and Landlord within said 30 day period shall have
commenced and thereafter shall have continued diligently to prosecute all actions necessary to cure
such default then Landlord shall have such additional time as Landlord requires while and so long as
Landlord continues to diligently prosecute all reasonable actions necessary to cure such default.
Until MRP has provided Landlord with written notice pursuant to this subparagraph 12.4.1 and the
time periods for cure set forth in this Lease have elapsed without such cure having been effected, the
failure of Landlord to perform or comply with the covenants, conditions and agreements of this
Lease shall not be deemed an Event of Default.
12.5. Remedies for Default by Landlord. If any of the Events of Default by
Landlord shall occur, MRP may, at its option, institute such proceedings as are reasonably necessary
to cure such. defaults or to compensate MRP for damages resulting from such defaults.
13. Condemnation.
13.1. Taking of Entire Premises. If at any time during the term of this Lease the
power of eminent domain shall be exercised by any federal, state, county or municipal sovereign or
their proper delegates, by condemnation proceeding (a "Taking ") to acquire the entire Parking
Structure, such Taking shall be deemed to have caused this Lease to terminate and expire on the date
of such Taking. Tenant shall have the right to recover from the award for a Taking, as hereinafter
provided, an amount equal to the fair market value of the improvements comprising the Premises and
for the value of the Lease. Tenant- shall first apply any amounts received against its share of the
MRP Note. In no event shall Tenant be entitled to compensation for any ownership interest in the
Land. For the purpose of this Paragraph 13, the date of Taking shall be deemed to be either the date
on which actual possession of the Parking Structure or a portion thereof, as the case may be is
acquired by any lawful power or authority or the date on which title vests therein, whichever is
earlier. All Rents and other payments required to be paid by Tenant under this Lease shall be paid.
Tenant shall keep, observe and perform all the terms of this Lease up to the date of such Taking.
13.2. Payment of Fees and Costs. All fees and costs incurred in connection with any
condemnation proceeding described in this Paragraph 13 shall be paid in accordance with the law
governing same, as determined by the court or by arbitration, if appropriate.
14. Use and Care.
14.1.' Use. Tenant shall use the Premises for retail use. Tenant shall not use or
permit the use of the Premises for any purpose except as permitted herein unless Landlord gives its
advance written consent. Tenant shall be permitted to use the sidewalks adjacent to the Premises and
the Parking Structure or any other area outside the Project for the solicitation of business to the
extent permitted by applicable municipal, county, state or federal codes and regulations.
14.2. Operating Standards. Tenant shall (i) maintain the Premises in a clean, orderly
and sanitary condition (ii) not permit undue accumulation of garbage, trash, rubbish or other refuse;
(iii) keep such refuse in proper containers until normal pickup; and (iv) maintain and repair the
premises and make all necessary repairs thereto.
14.3. Use Restrictions. Tenant shall not commit waste, perform acts or carry on any
practices which are or may be a nuisance or injurious to other tenants or visitors of the Project.
14.4. Applicable Law. At all times, Tenant and Landlord shall fully and promptly
comply with all laws, local ordinances, orders and regulations of any lawful authority having
jurisdiction over the Premises and Parking Structure, respectively, including without limitation, those
relating to the environment, cleanliness, safety, occupation, and use of the Premises and Parking
Structure. Notwithstanding the preceding sentence, Tenant shall not be obligated to perform, or be
responsible for the cost of, any alterations or modifications of the Parking Structure necessary for it
to comply with any future local, state, and /or federal laws.
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14.5. Environmental. Tenant and Landlord shall not cause or permit any Hazardous
Material to be brought upon, kept or used in or about the Premises or Parking Structure, respectively,
by Tenant and Landlord, their agents, employees, contractors or invitees, other than such Hazardous
Materials as may be necessary or useful to Tenant's business and will be used, kept and stored in a
manner that complies with all laws regulating any such Hazardous Material so brought upon or used
or kept in or about the Parking Structure. As used in this Lease, the term "Hazardous Material"
means any hazardous or toxic substance, material or waste which is or becomes regulated by any
local governmental authority, the State of Florida, or the United States.
14.6 Parking Spaces Reserved for Tenant. Tenant shall have the option to reserve
up to thirty parking spaces on the roof -top level. Tenant shall pay Landlord the prevailing rate
charged by Landlord for monthly decal parking. As consideration for the easement granted to the
Landlord under subsection 7.3 of this Agreement. The rate change for seven spaces will be reduced
to account for Tenant's ownership interest in the seven spaces which are the subject of the easement.
15. Repair and Maintenance.
15.1. Landlord's Responsibility. During the Lease Term, Landlord shall have no
responsibility to maintain the Premises.
15.2. Tenant's Responsibilities. _During the Lease Term, Tenant shall repair and
maintain the Premises with the exception of structural repairs.
16. Loss of Property. Landlord shall not be liable for any loss of any property of Tenant's
from the Premises or for any damages to any property of Tenant, unless due to the willful misconduct
or gross negligence of Landlord or any of its employees, agents, or contractors.
17. Renovation.
17.1. Tenant's Rights. Tenant shall have the right at its discretion to remodel or
modify the interior of the Premises and, with Landlord's prior written approval, at any time and from
time to time during the term of this Lease or any renewal thereof, at its sole cost and expense, to
modify and remodel the exterior of the Premises.
18. Access to Premises. Landlord, its agents and representatives shall have reasonable
access to the Premises during sub- tenant operating hours.
19. Operation and Management of Improvements,
19.1. Non- Interference. Landlord and Tenant hereby mutually agree not to interfere
with the free flow of pedestrian or vehicular traffic to and from the Parking Structure, the Premises,
the Replacement NRP Building and the surrounding area.
19.2. Indemnification. Tenant and Landlord hereby agree to indemnify and hold
each other harmless from and against any liabilities, obligations, damages,' penalties, claims, costs,
charges and expenses, including reasonable attorney's fees, to the extent that such charges are not
paid out of any policies of insurance, which may be imposed upon, incurred by, or asserted` against
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the indemnified parry by reason of any act, omission or negligence on the part of the indemnifying
party or its agents, contractors, servants, employees, licensees, invitees, partners, joint venturers or
third parties, arising out of or occurring on the Project during the term of this Lease. This
subparagraph 19.2 shall not apply to any loss, damages' or charges caused by the indemnified party,
its employees or agents. This subparagraph 19.2 shall survive the termination of the Lease.
20. Surrender of the Premise. Upon termination of this Lease, Tenant shall remove its
personal property and surrender possession of the Premises in its "as is condition. Tenant shall
have no responsibility for making any extraordinary repairs or replacements, or establishing any
reserves therefore, nor shall Tenant be required to make any representations or warranties concerning
the condition of the Premises upon surrender. Tenant, however, does have the obligation to maintain
the Premises in such a way as is commercially reasonable.
21. Sale of Leasehold, Subletting, Landlord's Assignment.
21.1. Right to Transfer Leasehold. During the term of this Lease, Tenant may sell,
assign, or otherwise transfer this Lease to such °`other persons, firms, corporations, partnerships
unincorporated associations, joint ventures, estates, trusts, any federal state or municipal government,
bureau, department or agency thereof or other entity (Successor Tenants) as Tenant shall select
provided that said conveyance of the Tenant's leasehold interest receives the approval of the City
Commission as required under the South Miami City Charter.
21.1.1. Rights to Sublease. Tenant shall have the right to sublease all or any
portion of the retail space without any approval of or consent from Landlord provided Tenant
remains in compliance with the Lease. Tenant shall have the right to enter into sub- tenant leases for
the Premise, whose term exceeds the ter:
erm of the herein Lease, with the prior written permission of
Landlord.
21.2. Landlord Assignment. If the interest of Landlord under this Lease is
transferred voluntarily to a purchaser or other parry ( "Transferee ") Tenant shall be bound to such
Transferee for the balance of the Lease Term remaining, and any extensions or renewals thereof
which may be effected in accordance with the terms and provisions hereof, with the same force and
effect as if the Transferee were the Landlord under this Lease, and Tenant does hereby agree to attorn
to the Transferee, as its Landlord, such attornment to be effective and self - operative without the
execution of any further instruments upon the Transferee succeeding to the; interest of the Landlord
under this Lease. The respective rights and obligations of Tenant and the Transferee upon such
attornment to the extent of the then remaining balance of the Lease Term and any such extensions
and renewals shall be and are the same as those 'set forth herein. In the event of such transfer of
Landlord's interest, Landlord shall be released and relieved' from all liability and responsibility
thereafter accruing but shall remain liable for all its obligations to Tenant prior to the date of such
transfer. Prior to the execution of a contract to transfer its interest under this Lease, Landlord shall
first offer Tenant the opportunity, to purchase Landlord's interest under the same 'terms and
conditions.
21.3 Compliance with City Charter. For so long as the City of South Miami shall
be the Landlord under this Lease, any sale or assignment of Tenant's leasehold interest hereunder,
with respect to the Premises shall be in compliance with the Charter and the parties shall cause all
appropriate notices to be filed with the office of the City Manager of South Miami. In the case of a
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22. Insurance.
22. 1. Acquisition of Insurance Policies. MRP and Landlord shall, at their respective
sole cost and expense, procure and maintain, or cause to be procured and maintained, during the
entire Lease Term the insurance described in this Paragraph 22 (or its then available equivalent),
which insurance shall be subject to Landlord's review and approval (which approval shall not be
unreasonably withheld or delayed) and shall name Landlord as an additional insured. Policy limits
shall be reviewed annually by Landlord and Tenant and may be adjusted if prudent, considering
levels of inflation, risk of loss, premium expenses, and other relevant factors.
22.2. Types of Required Insurance. Landlord and Tenant shall procure and maintain
the following:
22.2.1. Commercial General Liability Insurance. After Completion of
Construction, commercial general liability insurance covering all claims with respect to injuries or
damages to persons or property sustained in, on or about the Parking Structure, the Premises and the
appurtenances thereto, including the sidewalks and alleyways adjacent thereto, which shall contain a
"contractual liability" and a cross- liability clause, with limits of liability (which limits shall be
adjusted as provided in Paragraph 23.1 above) no less than the following:
Commercial General Liability
One Million Dollars ($1,000,000) each occurrence
22.2.2. Physical Property Damage Insurance. After Completion of
Construction, physical damage insurance covering all real and personal property, excluding property
paid for by Subtenants or paid for by Tenant for which Subtenants have reimbursed Tenant, located
on or in, or constituting a part of, the Parking Structure and the Premises in an amount equal to at
least one hundred percent (100 %) of the new replacement cost of all such property (or such lesser
amount as Landlord III: ay approve in writing). Such insurance shall (a) be provided on an all risk or
special form property coverage as may be customary for like properties in the vicinity of the Project
from time to time during the term of this Lease and (b) cover explosion of steam and pressure boilers
and similar apparatus located in the Parking Structure and Premises, subject in each case to
deductibles approved !by any Leasehold Mortgagees of the Parking Structure and Premises. Tenant
and Landlord shall not be required to maintain insurance for either earthquake or war risks; provided,
however, if such coverage: obtained, then, for as long as such insurance is maintained MRP and
Landlord shall be entitled to the benefits of the first sentence of Paragraph 22.3 hereof.
22.2.3. Business Interruption. After construction of the Project, business
interruption insurance in an amount not less than twelve months of revenue for the Premises.
22.3. Terms of Insurance. The policies required under Paragraph 22.2 shall
name Landlord and Tenant as additional insured and Tenant and Landlord shall provide.
certificates of insurance and copies of policies obtained hereunder promptly upon the request of
each as and when received.
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22.4. Landlord's Acquisition of Insurance. If Tenant at any time during the Lease
Term fails to procure or maintain insurance required hereunder or to pay the premiums therefore,
Landlord shall have the right to procure the same and to pay any and all premiums thereon, and any
amounts paid by Landlord in connection with the acquisition of insurance shall be immediately due
and payable as Additional Rent, and Tenant shall pay to Landlord upon demand the full amount so
paid and expended by Landlord. Any policies of insurance obtained by Landlord covering physical
damage to the Premises shall contain a waiver of subrogation against Tenant if and to the extent such
waiver is obtainable and if Tenant pays to Landlord on demand the additional costs, if any, incurred
in obtaining such waiver.
22.5. Insurance Money and Other Funds Held in Trust. All insurance money
received by Tenant for the Premises shall be held in trust and shall be applied for the purpose of
defraying the cost of repairing, restoring, replacing, or rebuilding the Premise. Any excess funds will
be held in Trust and applied towards Tenant's current obligations under the MRP Note. Excess
funds held in Trust will be disbursed to Tenant and will not be used to prepay the MRP Note without
Tenant's consent:
22.6. Waiver of Subro ag tion. Landlord and Tenant hereby release each other from
any and all liability or responsibility (to the other or anyone claiming through or under the other by
way of subrogation or otherwise) for any loss or damage to real or °personal property on the Parking
Structure and Premises caused by fire or any other insured peril, even if such fire or other casualty
shall have been caused by the fault or negligence of the other party or anyone for whom such party
maybe responsible. Landlord and Tenant shall each procure insurance policies with such a waiver of
subrogation and with a clause or endorsement to the effect that any such release shall not adversely
affect or impair said policies or prejudice the right of the releasor to recover thereunder; provided,
however, if policies with such a clause or endorsement shall not be obtainable or shall be obtainable
only at a premium over that chargeable without such waiver, the party seeking such policy shall
notify the 'other thereof, and the latter shall have ten (10) days thereafter either (a) to procure such
insurance in companies reasonably satisfactory' to the other party or (b) to agree to pay such
additional' premium. If neither (a) nor (b) is done,, this Paragraph shall have no effect during such
time as such policies shall not be obtainable or the party in whose favor a waiver of subrogation is
desired shall refuse to pay the additional premium. If such policies shall at anytime be unobtainable,
but shall be subsequently obtainable, neither party shall be subsequently liable for a failure to obtain
such insurance until a reasonable time after notification thereof by the other party.
23. Relation of the Parties. The execution of this Lease or the performance of any act
pursuant to the provisions thereof shall not be deemed or construed to have the effect of creating
between Landlord and Tenant the relationship of principal or agent, or of partnership or j oint venture
once the Project' construction has been completed.
24. Acts of "God; Unavoidable Delays.
24.1. Acts of God. Notwithstanding any other provision herein to the contrary,
provided such cause is not due to the willful act or neglect of the party asserting its rights under this
Paragraph, a party shall not be deemed in default with respect to the performance of any of the terms,
covenants and conditions of this Lease if the same should be due to any hurricane, windstorm,
tornado, lightning, flood, strike, lock -out, civil commotion, war -like operation, terrorism invasion,
rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls,
-16
inability to obtain any materials, service or financing, through act of God or other cause beyond the
control of such party.
25. Landlord's Covenant of Quiet Enjoyment. If Tenant observes and performs all the
covenants, terms and conditions hereof, Tenant and Subtenants` shall peaceably and quietly hold and
enjoy the Premises for the Lease Term without interruption by Landlord or any person or persons
claiming by, through or under Landlord, subject to the terms and conditions of this Lease.
26. Brokeraize. Landlord and Tenant represent and warrant that they have dealt with no
broker, agent, or other person in connection with this transaction. Each party agrees to indemnify the
other should a broker prevail on a claim for brokerage commission earned due to the execution of
this Lease and the construction of the Project.
27. Time of Essence. Time shall be of the essence with regard to the performance by
Tenant and Landlord of all of their respective obligations hereunder.
28. Notices. All notices, demands, consents, and reports provided hereunder shall be in
writing and shall be given to the parties at the addresses set forth below or at such other address as
any of the parties may hereafter specify by notice given in the same manner:
As to Landlord:
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: Charles Scurr, City Manager
With copy o:
Earl Gallop
City Attorney for the City of South Miami
Nagin Gallop Figueredo
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
As to Tenant:
Mark Richman
Mark Richman Properties, Inc.
18500 N.E. 5th Avenue
North Miami Beach, Florida 33160
With copy to:
George McArdle
6601 SW 128h Street
Miami, Florida 33156
17
j
Such notice or other communication, together with appropriate copies, may be mailed by United
States registered or certified mail, return receipt requested, postage prepaid or delivered by hand or
by telecopy. If the notice and copy are mailed, then such notice or other communication shall be
deemed to have been received by the addressee on the date of actual receipt as evidenced by postal or
other receipt.
29. Compliance with Laws and Ordinances._
29.1. Compliance. Throughout the term of this Lease, Tenant, at Tenant's sole cost
and expense, and Landlord, at Landlord's sole cost and expense, shall promptly comply with all
applicable laws, regulations and ordinances.
29.2. Contest by Tenant. Tenant shall have the right, after prior written notice to
Landlord, to contest the validity or application of any law or ordinance by appropriate legal
proceedings diligently conducted in good faith, in the name of Tenant without cost or expense to
Landlord. If counsel is required, the same shall be selected and paid by Tenant To the extent that
Tenant's compliance shall require the cooperation and participation of Landlord, Landlord agrees to
cooperate and participate. Landlord hereby agrees to execute and deliver any appropriate papers,
affidavits, forms or other such documents reasonably necessary for Tenant to contest the validity or
application of any law or ordinance and approved by counsel for Landlord, which approval shall not
be unreasonably withheld or delayed:
30. Representations and Warranties.
30.1. Landlord's Representations. Landlord hereby represents to Tenant that:
30.1.1 Free of Violations. The Land is free and clear of any violations of
laws, regulations and ordinances.
30.1.2. No Actions Affecting Use. There are no existing rules, regulations,
citations, ordinances or orders of any municipal, county, state or other governmental agency which
adversely affect the use of the Land in a manner inconsistent with this Lease and no such adverse
effect or change is threatened, pending or imminent,
30.2. Landlord's Warranties. Landlord hereby warrants to MRP that:
30.2.1. Authority to Bind. Landlord has full power and authority to enter into
this Lease and perform in accordance with its terms and provisions; that the parties signing this
Lease on behalf of Landlord have the authority to bind Landlord and to enter into this transaction and
Landlord has taken all requisite action and steps to legally authorize it to execute, deliver and
perform pursuant to this Lease.
30.2.2. Free of Tenancies. Landlord shall deliver possession of that part of the
Land for the Premises to Tenant free and clear of any and all tenancies and occupancies, subject only
to the rights reserved herein to Landlord.
30.3. Tenant's Representations and Warranties. Tenant hereby represents and
warrants to Landlord that:
18
30.3.1 Tenant's Representations. Tenant hereby represents to Landlord
that:
30.3.1.1. Free of Violations. The MRP Land is free and clear of
any violations of laws, regulations and ordinances.,
30.3.1.2. No Actions Affecting Use. There are no existing rules,
regulations, citations, ordinances or orders of any municipal, county; state or other governmental
agency which adversely affect the use of the MRP Land in a manner inconsistent with this Lease and
no such adverse effect or change is threatened, pending or imminent.
30.3.2. Authority to Bind. It has full power and authority to enter into this
Lease and perform in accordance with its terms and provisions; that the parties signing this Lease on
behalf of Tenant have the authority to bind Tenant and to enter into this transaction and Tenant has
taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to
this Lease.
31. Exculpation. Notwithstanding anything contained to the contrary or any other
provision of this Lease, it is specifically agreed and understood that there shall be absolutely no
personal liability on the part of Tenant's individual officers, directors, stockholders, partners (general
and limited) or co- venturers of Tenant, or any assignee or successor -in- interest of Tenant with
respect to any obligations, terms, covenants and conditions of this Lease, and Landlord shall look
solely to the equity of Tenant or any such assignee or successor -in- interest in the leasehold estate of
Tenant under this Lease for the satisfaction` of each and every remedy of Landlord in the event of any
breach by Tenant or by any such assignee or successor -in- interest of any of the obligations, terms,
covenants and conditions of this Lease to be performed by Tenant.
32. Prior to Construction. In the event the Old MRP Building is demolished and the
Project is not constructed, then MRP shall retain the right to reconstruct a building having the same
square footage, footprint and available parking spaces as the Old MRP Building.
33. Destruction After Construction. In the event the Project is constructed, thereafter
destroyed and the Replacement MRP Building is not reconstructed, then the same rights as in
subparagraph 32 above shall apply and MRP shall have the right to re- construct a building as set
forth in subparagraph 32 above and the easement set forth in subparagraph 7.3 shall terminate.
34. General Provisions.
34.1. Severability. If any provision of this Lease or the application thereof to any
person or circumstances is held invalid, prohibited, or unenforceable for any reason, this Lease shall
be ineffective only to such extent and the remaining provisions shall continue to be given full force
and effect so far as possible.
34.2. No Waiver. The failure of a party to insist upon strict performance of any
term, to claim any interest, or to exercise any power, right or option contained in this Lease, in any
one or more instances, shall not be construed to be or constitute in fact a waiver or relinquishment of
-19-
that party's right to assert and enforce its rights regarding any such term, interest, right, power, or
option in any future instance.
34.3. Entire Agreement. This Lease, including the Declaration of Master
Covenants, Easements & Restrictions for South Miami Parking Building and all Exhibits referenced
herein and the entire agreement of the parties and is intended as a complete and exclusive statement
of the terms thereof. Any oral or written inducements, representations, warranties, agreements or
other communications made prior to the execution of this Lease shall be void and ineffective for all
purposes.
34.4. Successors and Assigns. This Lease shall be binding upon the successors,
assigns, and representatives of the parties hereto.
34.5. Modification and Rescission. This Lease may be modified or rescinded only
by a writing signed by the parties making specific reference hereto. For so long as the City of South
Miami is the Landlord, any modification or rescission of this Lease shall require the approval of the
City of South Miami Commission.
34.6. Governing Law. This Lease shall be construed and enforced in accordance
with the laws of the State of Florida without regard to its conflicts or choice of law and venue for any
proceeding hereunder shall be in the Circuit Court for and in Miami -Dade County, Florida.
34.7. Interpretation. Unless the context of this Lease indicates a contrary intent,
words in the singular shall include the plural and vice- versa, and words in the masculine gender shall
include the feminine or neuter genders as appropriate. Paragraph headings are for convenience only
and shall not in any way affect the interpretation of any provision of this Lease.
34.8. Radon Disclosure. The following disclosure is required to be furnished under
Florida law:
,,Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing
may be obtained from your county public health center."
34.9. No Discrimination. Tenant will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, sexual preference, age, ancestry,
marital status, handicap, place of birth, or national origin.
34.10. Attorneys' Fees. If any action is brought to enforce this Lease, or to rescind
the same, or to collect damages- for an alleged breach hereof, or for a declaratory judgment
hereunder, the prevailing party in such action or arbitration, whether Landlord or Tenant, shall be
entitled to an allowance for reasonable attorneys' fees (whether at the pretrial, trial or appellate
level), in addition to costs of suit or arbitration. Attorneys' fees payable under this subparagraph
34.10 shall not exceed 25% o of the amount of damages awarded to the prevailing party and no party
shall be entitled to pre - judgment interest.
-20-
34.11. Reasonableness of Approvals. Pursuant to this Lease Agreement, the
Landlord and Tenant are required to give approvals to various matters effecting each other's rights.
In considering whether to give such approval, the Landlord and Tenant shall act in good faith and in
a commercially reasonable manner unless otherwise provided herein. Nothing in this Agreement
shall be construed to waive or limit the City's governmental authority as a municipal corporation and
political subdivision of the State of Florida. Unless specified otherwise, where approval or consent
of the City is required under this Agreement, such consent or approval shall be deemed to refer to the
City's consent or approval as a property owner, and such consent or approval shall be contractual in
nature and shall not be in lieu of any required governmental approval of City.
34.12. Duplicate Originals. This Lease is fully executed by the parties in duplicate
identical original instruments, either of which may be introduced into evidence in any proceeding as
conclusive proof of the text thereof.' Each party acknowledges, receipt of one fully executed Lease.
34.13. Project Name. Landlord will consult with Tenant to select a name for the
Proj ect.
34.14. Superseding Effect. This Agreement (including attached exhibits) supersedes
the Lease Agreement between Landlord and SPG and constitutes the entire Agreement between
Tenant and Landlord.
[SIGNATURE PAGES TO FOLLOW]
-21-
IN WITNESS WHEREFORE, this Lease has been executed and caused to be delivered in
Miami -Dade County, Florida, to be effective in all respects as of November , 2001, ( "Effective
Date").
WITNESSED: Tenant:
Mark Richman Properties Inc., a Florida
corporation
By:
Mark Richman, President
Date:
LANDLORD:
City of South Miami, a ' municipality of
Miami -Dade County, Florida
By:
Charles Scurr, City Manager
Date:
SWORN TO AND SUBSCRIBED before me this day of November, 2001, by Mark
Richman, as president of Mark Richman Properties, Inc. a Florida corporation, on behalf of the
corporation. He (a) is personally known to me, or (b) has produced
as identification.
My commission expires:
Notary Public - State of Florida
Name:
[SEAL]
22
SWORN TO AND SUBSCRIBED before me this day ofNovember, 2001, by Charles
Scurr, as City Manager of the City of South Miami, Florida, on behalf of the City of South Miami,
Florida. He (a) is personally known to me, or (b) has - produced
as identification.
My commission expires:
Notary Public State of Florida
Name:
[SEAL]
-23-
EXHIBIT A
Legal Description of City Land ;
Lot 35, LESS the West 5.0 feet thereof, and Lot 36, LESS the South
40.09 feet thereof, and Lot 48, LESS the South 10.0 feet thereof, and
all of Lots 49 and 50, W.A. LARKIN' S SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 3, at Page 198 of the Public
"Records of Dade County, Florida.
Together with:
The South 40.09 feet of Lot 36, LESS the West 5.0 feet and Lot 37
LESS the West 5.0 feet and LESS the South 10.0 feet thereof, W.A.
LARKIN' S SUBDIVISION, according to the Plat thereof as recorded
in Plat Book 3, at Page 198 of the Public Records of Dade County,
Florida.
-24-
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
O.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 Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING 11/20/01
ORD._RELATING TO THE YEAR 2002 GENERAL ELECTION ETC.
in the XXXX Court;
was published inlaid newspaper in the issues of
11/09/2001
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,, person, firm or corporation
any discount, re co fission o refund for the purpose
of securing t ' adv � nt for p blication in the said
newspaper
Sworn to and subscri before me this
09 d y of NOV ER A A. 01
(SEAL) (% - ----- T,LLEREN
O.V. FERBEYRE per�iZ YPUBLIC STATE OF FLORIDA
1°t NO. CC 912958 MY 4Ty1ISSION EXP. LINE 23,2004
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
All interested persons are hereby notified that the City Commission of:
the City of South Miami; will conduct a public hearing at its regular City
Commission meeting` scheduled for Tuesday, November 20, 2001 be-
ginning at 7:30 PM in the City Commission Chamber, City Hall 6130 Sun-
set Drive, to consider the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY. COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
THE YEAR 2002 GENERAL ELECTION OF THE MAYOR AND
CITY COMMISSIONERS FOR GROUPS, I AND IV AND POSSI-
BLE CHARTER AMENDMENTS; SCHEDULING THE DAY,
PLACE AND TIME OF THE ELECTION; PROVIDING FOR
QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE
OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT;
PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVER -
ABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. (Ist Reading November 6,',2001)
AN ORDINANCE OF THE - MAYOR >AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,-,FLORIDA RELATING TO
CODE ENFORCEMENT PROCEDURES; AMENDING SEC-
TION 2 -25 (L) OF CHAPTER 2 THE CODE OF ORDINANCES'
ENTITLED 'SCHEDULFgAF FINES "; PROVIDING FOR SEV-
ERABILITY, ORDINANCES' IN CONFLICT, AND AN EFFEC-
TIVE DATE. (1st Reading November 6, 2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONTRACTS; APPROVING A LEASE AGREEMENT BE-
TWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC.,
FOR THE GRANTING OF AIR RIGHTS ABOVE MRP PROPER-
TY TO THE CITY; THE LEASE BY MRP OF CERTAIN CITY
PROPERTY AND THE CO- DEVELOPMENT OF A PARKING
STRUCTURE PROJECT AT SW 73 STREET BETWEEN SW 58
COURT AND 58 AVENUE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Ist
Reading - November6, 2001)
The subject ordinance can be inspected in the City Clerk's Office,
Monday- Friday during regular office hours.
Inquiries concerning this item should be directed to the City Manager's
Office at 305 - 663 -6338.
ALL interested parties are invited to attend.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub -
tic 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 includes the testimony and evi-
dence upon which the appeal' is to be based.
11/9 01 -3- 09/212441 M
71 7-
2001
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: November 20, 2001
and City Commission
From: Charles D. Scurr, Re: Agenda Item # 150
City Manager 'fool-) Variance Request
a,v Murray Park
Request:
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE
FROM SECTION 20-3.5 (C)(3) AND SECTION 20-3.5 (E) OF THE LAND
DEVELOPMENT CODE TO ALLOW THE HEIGHT OF THE MURRAY
PARK RECREATION CENTER TO BE 351 8" WHERE A MAXIMUM
HEIGHT OF 25 FEET IS ALLOWED, ON PROPERTY LOCATED IN A 11PR11
PARKS AND RECREATION ZONING USE DISTRICT, MORE
SPECIFICALLY LOCATED AT 6701 SW 58TH PLACE, SOUTH MIAMI,
FLORIDA
SUMMARY OF REQUEST
The applicant, the City of South Miami, is proposing the construction of a recreation center at
Murray Park as part of a Phase 11 Building program. The Recreation Center building will be a two
story multipurpose building which will include a full sized gymnasium/basketball court. A
regulation high school basketball court will result in a roof height of 35 feet. Murray Park is
located within the "PR" Parks and Recreation Zoning District. The PR district permits various
maximum building heights, depending on the surrounding zoning districts; at this subject
location, a maximum of 25 feet would be permitted, resulting in the subject height variance
request.
BACKGROUND & ANALYSIS
The "PR" zoning district permits the construction of a recreation center. The Land Development
Code limits the height of a building in this district to the most restrictive height limit set forth for
adjacent surrounding zoning districts. Murray Park is surrounded by four zoning districts: PI-
Public Institutional to the east; LO Low Intensity Office to the south; RM I 8-Low Density Multi-
Family to the west; and RS-4- Single Family Residential to the north. The most restricted height
limit of the surrounding districts is the maximum 25 foot height of the RS-4 zone, and therefore
applies to this location. The City's application references the national standards for a regulation
high school basketball court, which is an unobstructed height of 25 feet, Due to the dimensions
of the court, the placement of the bleacher seating, and space needed for the roof deck
assembly, the roof height will need to be 10 feet above the unobstructed court height of 25 feet.
Variance Request- Murray Park
November 20, 2001
APPLICABLE REGULATIONS (See ATTACHNMENT)
• Land Development Code Section ,20- 3.5(C)(3) Dimensional Requirement Tables
• Land Development Code Section 20 -3 .5(E) Dimensional Requirements
• Land Development Code Section 20 -5.9 Variances Approvals
• Land Development Code Section 20- 6.1(13)(3)(h) Planning Board Powers and Duties
STAFF OBSERVATIONS
1) The City's application contains a justification statement and a 'statement of hardship. In
summary, it is pointed out that the requirement of a 25 -foot height limit is an exceptional
hardship which would ,prevent the construction of the gymnasium/basketball court in the Murray
Park Recreational Center. The citizens of South Miami would be denied the use of a valuable
community asset.
2) The variance requested is the lowest possible' height which would allow construction of the
proposed gymnasium and would have minimal impact on surrounding properties.
3) The variance request is a unique situation that would not be applicable to any other properties
in the immediate vicinity.
PLANNING BOARD RECOMMENDATION
The Planning Board at its October 30, 2001 meeting recommended approval of the variance
request. The motion to approve was made by Mr. Comenderio and seconded by Mr. Liddy. The
motion was adopted by a vote of 7 ayes and 0 nays.
The Planning Board amended their approval motion to add a request that the City Commission
address resident Mercedes Asher's concerns about the barricade at SW 66th Street and SW 58"'
Place; and, also to address a permanent solution to the above - referenced streets. The motion was
made by Mr. Mann and seconded by Ms. Yates. The motion was adopted by a vote of 7 ayes and
0 nays.
RECOMMENDATION
It is recommended that the variance request be approved.
Attnchmentc-
LDCApplicable Regulations
Draft Resolution
Application
Location Map "
Letter of Intent /Justification
Site Plan (2pages)
Copy of Public Notices
Planning Board Minutes, 10 -30 -01
RL
CS /R L/SAY,JI
WComm Items\2001 \11- 20- 01\PB -01 -019 Variance Request Murrary park.doc
(2)
Variance Request - Murray Park'
November 20, 2001
ATTACHMENT
LAND DEVELOPMENT CODE APPLICABLE REGULATIONS
• Land Development Code Section 20 -3.5(C )(3) Dimensional Requirement Tables
(3) Minimum and maximum dimensional requirements for permitted
uses within a PR or PI use district shall be the same as
those listed in the following tables for uses within the
most restrictive use district located adjacent to the
subject PR or PI property.
• Land Development Code Section 20- 3.5(E) Dimensional requirements
REQUIREMENT
LO
RM -18
PI
RS -4*
Building
*most
Height
restrictive
Max.
Building
Height
Stories
2
2
variable
2
Feet
30
30
variable
25
• Land Development Code Section 20 -5.9 Variances Approvals
(A) Expiration of Variance Approvals. A variance approved pursuant to
Section 20 -5.5 shall lapse after six (6) month if no substantial
construction or 'change of use has taken place in accordance with
the request for such 'variance and if the city commission has not
specified a longer approval period for good cause shown.
(B) Extension of Variance Approvals. Four (4) affirmative votes of the
city commission may grant an extension` to a previously approved;
variance if a, proper and timely request is made by the applicant
prior to the expiration of the six (6) month period.
(C) Hardship Statement. All applications for a variance shall include
a letter of 'intent indicating the specific nature of the hardship
upon which the request is based.
(3)
(D) Property Survey Required. All applications for a variance shall
include a current property survey prepared by a registered
surveyor.
Variance Request- Murray Park
November 20, 2001
(E) Neighborhood Concurrence. All applications for a variance shall be
accompanied by a map which reflects all properties and the names
of all property owners within a five hundred (500) foot radius of
the subject property. The applicant shall obtain and submit the
signatures of at least twenty (20) percent of such property
owners, indicating their awareness of and concurrence with the
proposed variance request.
(F) Proposed Site Plan Required. A site plan shall be required showing
all proposed buildings and setbacks and any ;other features
relating to the variance request.
(G) Permitted Variance Requests. Applications for variances shall be
restricted to only the following:
(1) Yard setbacks
(2) Lot ;,size
(3) Lot 'coverage
(4) Building height
(5) Fences and walls
(6) Impervious coverage
(7) Off- street parking'
(S) Open space
(9) Signs
(10) Landscaping
• Land Development Code Section 20- 6.1(B)(3)(h) Planning Board Powers and
Duties
(h) The board shall _ review and make recommendations on all
applications for variances from the requirements of this Code for
yard setbacks, lot 'size, lot coverage, building height, fences and
walls, impervious coverage, off- street parking, open space, signs
And landscaping. Recommendations for a variance shall be made only
When necessary to relieve particular hardships or extraordinary
conditions relating to a specific property, and when the ;strict
application of a` particular regulation would result in peculiar
and exceptional hardship upon the owner of such property as
distinguished from reasons of convenience,' profit' or caprice.
(4)
I
2 RESOLUTION NO.
3
4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
6 FOR A VARIANCE FROM SECTION 20 -3.5 (C)(3) AND SECTION
7 20 -3.5 (E) OF THE LAND DEVELOPMENT CODE TO ALLOW THE
8 HEIGHT OF THE MURRAY PARK RECREATION CENTER TO BE
9 35'8" WHERE A MAXIMUM HEIGHT OF 25 FEET IS ALLOWED,
10 ON PROPERTY LOCATED IN A "PR" PARKS AND RECREATION
I1 ZONING USE DISTRICT, MORE SPECIFICALLY LOCATED AT
12 6701 SW 58TH PLACE, SOUTH MIAMI, FLORIDA
13
14
15
16 WHEREAS, Application No. PB -01 -019 was submitted to the Planning and Zoning Board
17by the City of South Miami, said application requesting approval of a variance from Section 20 -3.5
18(c)(3) and Section 20 -3.5 (e) of the Land Development Code to allow the height of the Murray Park
19Recreation Center to be 35' 8" where a maximum height of 25 feet is allowed, on property specifically
20located at 6701 SW 58th Place, South Miami, Florida; and
21
22 WHEREAS, the City's proposed Murray Park Recreation Center building will be a
23two story multipurpose building which will include a full sized regulation high school basketball
24court, which requires an unobstructed ceiling height of 25 feet, which will result in the roof of
25the Recreation Center having building height of 35' 8 "; and
26
27 WHEREAS, Murray Park is located within the "PR" Parks and Recreation which
28permits various maximum building heights, depending on the surrounding zoning districts; at
29this subject location, a maximum of 25 feet would be permitted, resulting in the subject height
30variance request; and
31
32 WHEREAS, the approval of a variance requires a recommendation from the Planning Board
33and the approval of the City Commission after ,a public hearing; and
34
35 WHEREAS, on October 30, 2001 the Planning Board, after public hearing, voted 7 to 0 to
36recommend approval of the variance request; and
37
38 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept
39the recommendation of the Planning Board.
40
41
42 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
41)F THE CITY OF SOUTH MIAMI, FLORIDA:
44
45 Section 1: That the subject application submitted by the City of South Miami, requesting approval of a
46variance from Section 20 -3.5 (c)(3) and Section 20- 3.5,(e) of the Land Development Code to allow the
47height of the Murray Park Recreation Center to be 35' 8" where a maximum height of 25 feet is
48allowed, on property specifically located at 6701 SW 58th Place, South Miami, Florida, is hereby
49approved.
1
2 (2)
3
4
5 Section 2.That the approval of the subject variance is based upon the following findings:
6
7 a. The requirement of a 25 -foot height limit is an exceptional hardship which
8 would prevent the construction of the gymnasium /basketball court in the Murray
9 Park Recreational Center. The citizens of South Miami would be denied the use of
10 a valuable community asset.
11
12 b. The variance requested is the lowest possible height which would allow
13 construction of the proposed gymnasium and would have minimal impact on
14 surrounding properties.
15
16 c. The variance request is a unique situation that would not be applicable to any
17 other properties in the immediate vicinity.
18
19
20 Section 3. This resolution shall be effective immediately after the adoption hereof.
21
22
23 PASSED AND ADOPTED this , day of , 2001.
24
25
26
27 ATTEST: APPROVED:
28
29
30 CITY CLERK MAYOR
31
32 Commission Vote:
33 READ AND APPROVED AS TO FORM: Mayor Robaina:
34 Vice Mayor Feliu
35 Commissioner Bethel:
36 Commissioner Russell
37 Commissioner Wiscombe:
38 CITY ATTORNEY
39
40
41
42
43
44
45
46
47
48
49
50
�� - - -- -City OfSouth Miami °0
Planning & Zoning Department '
City Hall, 6130 Sunset Drive, South Miami, Florida 33143 SEP 2 S 2001
Telephone: (305) 663 -6326; Fax: (305) 666 -459I
Application For Public Hearing Before Planning Board
Address of Subject Property: Lot (s)
PBS) Block Subdivision
Meets & Bounds: = ---
Applicant: -
Phone.
2
Representative on
Sum- �s�GG
Address: r9anizati:
C V
Phone:. —6 3 yY
Property Owner: Y
Signature; /\
Mailing Address: � Sij/tIE/
Phone:
Architect/Engineer.
�''i�• iiAi A ymI4e5 Phone:. �05; • 4•16
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
✓Owner Owner's Representative Contract to purchase Option to urchase
p — TenantlLessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE ITEM: SUBMITTED MATERIALS
— Text Amendment to LDC PLF,ASE CHECK ALL THAT APPLY:
Variance ✓ ✓_ Letter of intent
—Zoning Map Amendment
_ PUD Approval _.Special Use ljustifcations for change
_ PUD Major Change - Special Exception Statement of hardship
_Other 7Proof of ownership or letter from owner
Briefly explain application and cite specific Code sections: - Power of attorney
_,Contract to purchase
Y Cr, L survey (1 original sealed and
n'i� iS �$� G� reduced co 11,,
PY @ x 17 ")
Pip ; _ 351 a s of Site Plan and Floor Plans
rCEG d copy @ 11" x 17"
1 [ perty owner signatures
Section: Subsection -J_- L Pa e #:41 q� 9 Amended Date: ` �/ bels (3 s ts) and map Fee( li(/�f /1J /
The undersigned has read this completed a plicatfon and represents that the information and all submitted
correct to the b st of a licant''s know•ledpe and belief. materials are true and
X 2 , V_ c!
'4PPIicant's Signature and titI �
�Fe7oUT�1 /%fiA/N/ Date
Upon receipt, applications and all submitted materials will be reviewed for com liance with the Land Development Code an
applicable regulations: Applications found not in compliance will be rejected and returned to the applicant. P d other
OFFICE USE ONLY:
Date Filed Date of PB Hearin
Petition Required g Date of Co
Petition Accepted mmission
Method of Pa ment
ar2�ao
VIII
i LEGAL DESCRIPTION: Lot 1, LESS the North 5 feet and -Lot 10 LESS
i the West 5 feet and Lots 11 thru 18, inclusive, all in Block 1.
to with 'Lots 1 thru 8, inclusive, and Lot 9, LESS the West
5 feet and Lot 10, LESS the West S feet and LESS the South S
feet thereof, and Lots 11 thru 17, inclusive, LESS the South 5
't feet, thereof, all in Block 8, and the 40 feet wide road as shown or,
between Block 1 and Block 8, TOWNSITE OF LARKINS, according
to the 'Plot thereof, as recorded in Plan Book 2 at Page 105 of
the Public ' Records of Dade County, Florida.
--...
SURVEY _FOR: CITY OF SOUTH MIAMI
PARKS DIVISION
I HEREBY CERTIFY: That the SKETCH OF SURVEY of -the above .
captioned ;property was completed under my
supervision and /or .direction, to the best of
my knowledge and belief. This survey meets
or exceeds .the Minimum Technical Standards
set forth by the Florida Board of Land .
Surveyors in Chapter 61G17 -6 _Florida
Administrative Code. Pursuant to Section
472.027, Florida Statutes.
DELT URVEYORS,
DELTA SURVEYORS; INC. J Waldo F. Poez.
12888 S.W. 53rd _STREET Registered :Land Surveyor,
MIAMI, FLORIDA 33175 No. 3284
Certificate of Authorizatior%
305 -223 -9907 LB # 3386
State of Florida
FLOOD ZONE: X PANEL: .0276 J
COMMUNITY NO. 120658 DATE OF MAP. 3 —.2 -94
THERE MAY BE ADD_ ITIONAL RESTRICTIONS THAT ARE NOT SHOWN Ol'
SURVEY THAT MAY BE FOUND IN -THE PUBLIC RECORDS OF THIS COL
EXAMINATION OF ABSTRACT. OF TITLE WILL HAVE TO BE MADE TO
DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING PROPERTY. TIO
LOCAN AND IDENTIFICATION OF UTILITIES, IF ANY, ARE SHOWN IN
ACCORDANCE WITH- RECORDED. PLAT.
OWNERSHIP IS SUBJECT TO.OPINION OF TITLE
TYPE OF SURVEY: BOUNDARY SURVEY
LEGAL DESCRIPTION FURNISHED BY CLIENT
THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIG
RAISED :SEAL OF A FLORIDA -LICENSED SURVEYOR AND MAPPER.
THIS PLAN OF SURVEY, HAS BEEN PREPARED. FOR THE EXCLUSIVE l
THE ENTITIES NAMED HEREON. THE CERTIFICATE DOES NOT EXTEND
ANY UNNAMED PARTIES.
UNDERGROUND UTILITIES AS SHOWN HEREON WERE LOCATED. PER PL
PREPAg`ED BY CARR SMITH -AND ASSOCIATES, PROJ. N0. 6138 -18,
SEPTEMBER 1979 AND FROM; SKETCH FURNISHED TO DELTA SURVEY
THE; CITY: OF SOUTH MIAMI .PARKS .DIVISION
1� SURVEYOR SHALL BE NOTIFIED AS TO ANY DEVIATION FROM THE Ul
MURRAY PARK- MULTIPURPOSE CENTER
Height Variance Application
H H [-] 7 -
HARDEE DR
q
100 0 100 200 300 400 500 600 700 800 900 1000 Feet
W-7 h
Letter of Intent
Application for Building Height Variance
Murray Park Phase 2
Recreation Center
City of South Miami
September 25, 2001
This Letter of Intent is part of an application for variance from the maximum height limits imposed
on the Murray Park Recreation Center. 'Maximum building height is currently limited to 25'.
Granting of this variance would permit a building height of 35' -8"
Please refer to the `Justification for Change', below, for a detailed explanation.
Project Overview
Through a series of public `workshops' and Town Hall meetings, City staff ;and- .neighborhood
interest groups formulated a master plan defining the long term development of Murray Park. When
completed, Murray Park will function as a multipurpose center offering a wide variety of recreational
and support services to the Murray Park community and the community -at- large.
The Murray Park Phase 2 component of the master plan will deliver a Recreation Center comprised
of an enclosed air conditioned gymnasium integral with a two storey multipurpose building which
houses arts and crafts space, a computer lab, a fitness exercise room, and a variety of administrative
offices and support functions.
Justification for Change /Statement of Hardship
The City of South Miami's 'Official Zoning 'Map identifies Murray Park as a PR -Parks and
Recreation zoned piece of property. It is surrounded by four distinctly different zoning districts
including PI- Public/Institutional to the east, LO -Low Intensity Office to the south, RM18 -Low
Density Multi - Family to the west, and RS4- Single Family Residential to the north.
The South Miami Land Development Code limits the height of any building erected on a PR zoned
property to that associated with the most restricted adjacent zoning district. The most restricted'
zoning district adjacent to Murray Park is the RS4- Single Family Residential to the north. In this
district, building height is limited to 25.
Note: houses in this particular RS4 zone typically have a pitched roof. When pitched roofs are used,
the SMLDC defines the maximum allowable height as "the vertical distance from grade to ... the
average height between -the high and low points of a pitched roof" This means that the actual height
of a pitched roof measured from grade to the ridge line exceeds 25.
I
Nothing in the South Miami Land Development Code prohibits the construction of a Recreation
Building on a PR -Parks and Recreation zoned piece of property. The Recreation Building proposed
for Murray Park includes a regulation in -door highschool basketball court. The minimum
unobstructed height for this type of court environment, as defined in the National Federation of State
High School Associations' Court& Field Diagram Guide, is 25'.
i
I
�_ -.w
The minimum required court dimensions are 84' long x 50' wide. Add to these dimensions a 10' open
circulation/overrun space on all four sides, and the overall gymnasium footprint increases to ,1041 ' x
70'. Bleacher seating for this project increases the gymnasium width to approximately 80'. This 80'
gymnasium width requires a long span roof framing structure that is approximately 5' deep. This,
combined with the roof deck assembly and a minimum roof parapet, will add an additional 10' of
height above the 25' unobstructed court height; placing the top of parapet at approximately 35' above
grade.
Conclusion
The Murray Park master plan development is organized around an aggressive building program
offering a wide variety of recreational and support services to the Murray Park Community and the
community -at- large. The Phase 2 building program represents the culmination of an intense
collaborative effort of city staff and neighborhood interest groups. A key component of the phase
2 building program is the regulation in -door highschool basketball court. In order to realize this
valuable community asset, the City must grant a variance from the 25' maxinram height limit
imposed on the Murray Park Recreation Center; and permit a height of 35' -8'
I
i
DRAFT
........ . .. ....
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, October 30, 2001
City Commission Chambers
7:30 P.M.
L 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.
II. Roll Call.
Action: Mr. Morton performed roll call.
Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr.
Morton, Ms. Gibson, Mr. Comendeiro and Ms. Yates.
City staff present: Subrata Basu(ACM), Richard G. Lorber (Planning Director), Luis
Figueredo (City Attorney), Sandy Youkilis, (Planning Consultant), Gremaf Reyes (Video
Technician) and Maria M. Menendez (Board Secretary).
III. Public Hearings
PB -01 -019
APPLICANT: Mayor and City Commission
Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM
SECTION 20 -3.5 (C) (3) AND SECTION 20 -3.5 (E) OF THE LAND DEVELOPMENT
CODE TO ALLOW THE HEIGHT OF THE MURRAY PARK RECREATION CENTER
TO BE 35' 8" WHERE A MAXIMUM HEIGHT OF 25 FEET IS ALLOWED ON
PROPERTY LOCATED IN A "PR" PARKS AND RECREATION ZONING USE
DISTRICT, MORE SPECIFICALLY LOCATED AT 6701 SW 58TH PLACE, SOUTH
MIAMI, FLORIDA.
Action: Mr. Illas read the item into the record and staff presented the proposal,
giving a general overview of the Recreation Center project, focusing on the City's request
for a variance to allow the height of the Murray Park Recreation Center to be 35' 8" where
a maximum height of 25 feet is presently allowed:
I
Planning Board Meeting
October 30, 2001
Page 2 of 3
The Board raised the concern that this proposal would set a precedent for the community.
Mr. Lorber responded that the variance request is a unique situation that would not be
applicable to any other properties in the immediate vicinity.
Speakers: Tom Carlson, Architect, McHarry Associates
Mercedes Asher, resident
David Tucker, Sr, resident
Mr. Carlson gave a detailed presentation of the Recreation Center project, emphasizing that
the variance requested herein is essential in order to comply with national standards for a
regulation high school basketball court, which is an unobstructed height of 25 feet. Due to
the dimensions of the court; the placement bleacher seating, and space needed for the roof
deck assembly, the roof height will need to be 10 feet above the unobstructed court height
of 25 feet.
Resident Mercedes Asher addressed the Board on the subject of the barricaded street where
she resides, which is adjacent to the Murray Park Multipurpose Center project. Since Ms.
Asher's subject constitutes a separate issue from the proposal discussed by the Board at
this meeting, staff and Board recommended to Ms. Asher that she appear before the City
Commission with her request to install a "No Outlet" sign at SW 66th Street and SW 5$t"
Place.
Mr. Basu expressed that one of the concepts which has been discussed is ,utilizing the
whole SW 58th Place as a pedestrian street.
Motion: Mr. Comendeiro moved for amproval of the request for a variance from Section
20 -3.5 (C) (3) and Section 20 -3.5 (E) of the Land Development code to allow the height of
the Murray Park Recreation Center to be 35' 8 ". Mr. Liddy seconded the motion.
Vote: Ayes 7 Nays 0
Amended Motion: Mr. Mann moved to amend the above motion, to add the request that
the City Commission addresses resident Mercedes Asher's concerns about the barricade at
SW 66th Street and SW 58th Place; and, also to address a permanent solution to the above -
referenced streets. Ms. Yates seconded the motion:
i
Vote: Ayes 7 Nays 0 L
i
Mr. Lorber announced that this item will be before the City Commission at its November
20th, 2001 meeting.
V. Approval of Minutes
Action:
A. The Board duly voted on and approved the minutes of August 28, 2001.
Planning Board Meeting
October 30, 2001
Page 3 of 3
Voter Ayes 7 Nays 0
VI. Discussion Items
Board and staff discussion included but were not limited to: (1) Mr. Illas inquired about
the type of mail used to notify residents; (2) Mr. Comendeiro expressed interest in
revisiting the "Storage of Boats, Trailers and Recreational Vehicles" proposed ordinance
which was discussed by the Board, first at its meeting of February 13th, 2001 (where no
motion was called); then it was discussed again at its meeting of April 24th, 2001, at which
time it was deferred (Item PB -01 -002); (3) Mr. Lorber announced that the next Board
meeting is scheduled to take place November 27th, 2001, to discuss two items: "Special
Use approval for a Car Wash at the Shops of Sunset Place, and, "Metrorail Station
Redevelopment....,
VII. Adjournment
Action: _There being no further business before the Board, Mr. Morton adjourned the
meeting at approximately 8 :30 PM.
RGL /mmm
K:1PB\PB Minutes\2001 MinutesWINS 10- 30- 01.doc
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
O.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 Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI PUBLIC HEARING 11/20/01
RES. RELATING TO A REQUEST FOR A VARIANCE ETC.
in the XXXX Court,
was published in said newspaper in the issues of
11 /09/200 1
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
periodI l of, one year next preceding the first publication of the
attached of advertisement; and affiant further says that she
has n6ither paid nor promised any person, firm or corporation
any discount, rebalg, com ' an refund for the purpose
of securing this dverti nt fur p lication in the said
newspaper.
r
Sworn to and subs r" before me this
09 day of NO ER 001
J
OFFICIAL NOTAKN 7.wAt.
(SEAL) 7personall JAA M I_Lt R .N,`,
ARYPUBLIC S'f'�+TEOFI
O.V. FER� S5I0N NO, CC 912' ; COMMISSION EA n,1N} 23,204-4
FEWS
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 November 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, FLORIDA, RELATING TO A
REQUEST FOR A VARIANCE FROM SECTION 20 -3.5 (C)(3)
AND SECTION 20 -3.5 (E) OF THE LAND DEVELOPMENT
CODE TO ALLOW THE HEIGHT OF THE MURRAY PARK
RECREATION CENTER TO BE 35' B" WHc RE A MAY IMUM
HEIGHT OF 25 FEET IS AL&OWED, O . >Pf )PEP e Y LC ` ;AT-
ED IN A'PR' PARKS AND RECREAT.0N ZONING Uc.= L�iS-
TRICT, MORE SPECIFICALLY LOCATED AT 6701 SW 58TH
PLACE, SOUTH MIAMI, FLORIDA
Inquiries concerning this item should be directed to the Planning De-
partment at 305 - 663 -6326.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutwi 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 verbatim record
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
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CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: November 16, 2001
FROM: Charles D. Scuff fal�RE: Agenda Item #
City Manager Co- naming of SW 701h Street from 59th Place to US 1
Marjory Williams Scrivens Place
The attached resolution, sponsored by the Commission, seeks approval for co- naming of SW 70th Street from
5 9th 'Place to US 1 after South Miami Postal Carrier Marjory Williams Scrivens.
BACKGROUND
The late Marjory Williams Scrivens was the first woman postal carrier in the county to work from the South
Miami Branch. Some records indicate that she was the first female postal carrier in Dade County, and the
second in the country. Her groundbreaking career opened the door for women in the community, particularly
the South Miami area to pursue careers as postal carriers.
Ms. Scrivens began working for the United States Post Office in 1970. She was very popular among her
colleagues during her twenty -two (22) years of service at the South Miami Post Office. The United States
Congrees, through the efforts of Representative Carrie Meek, recently named the South Miami Post Office in
honor of Ms. Scrivens. The co- naming of the street in front of the post office was requested by
Congresswoman Meek and seems a very fitting tribute.
The proposed scheme would have the name of the postal carrier placed above the street or avenue number
within the street sign. Miami -Dade County on the designated intersection within the boundaries of the
thoroughfare will install this new sign. The attached resolution specifies the street and boundaries to be
named "Marjory Williams Scrivens Place ".
RECOMMENDATION
The City of South Miami Commission and Administration strongly believes that this postal carrier should be
honored and remembered. Therefore, approval of the resolution calling for the proposed street name scheme
is recommended.
- —
Funding for this disbursement will come from Account No. 1730 -541 -4640 "Maintenance and Repairs of
Streets and Parkway.
This account currently has a balance of approximately $20,365.00 remaining for the fiscal year.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH_ MIAMI, FLORIDA, AUTHORIZING THE
CITY MANAGER TO DESIGNATE A SPECIFIC PUBLIC RIGHT -
OF -WAY TO MARJORY WILLIAMS SCRIVENS WHO WAS
THE FIRST WOMAN POSTAL CARRIER IN THE COUNTY TO
WORK FOR THE SOUTH MIAMI BRANCH AND TO DISBURSE
THE SUM OF $400.00 TO MIAMI DADE COUNTY FOR THE
INSTALLATION; OF SAID SIGNS AND CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 1730 - 541 -4640,
MAINTENANCE AND REPAIRS OF STREETS AND
PARKWAYS ".
WHEREAS, this Commission wishes to recognize the first woman postal carrier in the
county to work for the South Miami Branch, and;
WHEREAS, co- designate SW 701h Street from 59th Place to S. Dixie Highway, and;
WHEREAS, her groundbreaking career opened the door for women in the community; and
WHEREAS, the Commission would like to honor the memory of this South Miami postal
carrier with this co- designation.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the
CITY OF SOUTH MIAMI, FLORIDA:
Sectionl . The foregoing resolution is sponsored by the entire City Commission.
Section 2. The City Manager be, and is hereby authorized to disburse the sum of
$400.00 to Miami -Dade County for the installation of the street signs.
Section 3. This resolution shall become effective immediately after adoption hereof.
PASSED AND ADOPTED this 20h day of November, 2001
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM
CITY ATTORNEY
ATTEST:
CITY CLERK
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: November 20, 2001
and City Commission
Agenda Item
From: Charles Scurr
W, Re:
City Manager � Amending Ord. No. 8 -99 -1682
Extending parking modifications
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING
WITH PROVISIONS THAT ALLOW FOR THE REDUCTION OF
REQUIRED OFF- STREET PARKING, BY AMENDING ORDINANCE NO.
8 -99 -1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9)
MONTHS THE MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND
THE SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H),
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS
In May 1999, the City Commission adopted Ordinance No. 8 -99 -1682, which modified and
suspended certain provisions of the Land Development Code dealing with reductions in off - street
parking requirements. The ordinance was adopted in response to concerns about the impact of
the Shops of Sunset Place on parking in the downtown area. It was felt that certain provisions,
e.g., reduced parking near Metrorail and reduced parking based upon joint uses, should be
suspended for a period of nine months. In addition, the ordinance modified the parking
reductions allowed in the Hometown District so that during the same nine -month period only the
City Commission could approve parking reductions for large projects.( See Attachment for LDC
Sections modified /suspended)
The City Commission has on two occasions extended, the effective period of the ordinance each
time for an additional nine months. This was accomplished by amending the May 1999
ordinance. The last extension approved in February, 2001 expired on August 6, 2001.
The purpose of the ordinance was to allow time for staff and citizens to reevaluate the City's
parking regulations and to make necessary changes. This evaluation is complete. The City's
Zoning Task Force has recommended a number of adjustments to the parking bonuses in the
Hometown Zoning District and the TODD zoning district. These recommendations, beginning in
Extending parking modifications
Commission Meeting: November 20, 2001
Page 2 of 2
January 2002, will be presented to the Planning Board and City Commission as part of an overall
redraft of the Land Development Code.
The Zoning Task Force at its last meeting on October 30, 2001, recommended that parking
modification and suspension ordinance be extended one more time for nine months. The attached
ordinance amends the original May 1999 ordinance by extending the modifications and
suspensions for an additional period of nine (9) months.( to April 4, 2002)
RECOMMENDATION
It is recommended that the proposed ordinance be adopted on first reading.
Attachments:
Proposed ordinance
Attachment: LDC Sections modified/suspended
Ordinance No. 8 -99 -1682
1
2 ORDINANCE NO.
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
6 SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE,
7 SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS THAT ALLOW
8 FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING
9 ORDINANCE NO 8 -99 -1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL NINE
10 (9) MONTHS THE MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE
11 SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H) PROVIDING FOR
12 SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE
13 DATE.
1`4
15
16 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H) and 20- 7.6(B) of the South Miami Land Development
17 Code all allow for a reduction in required off street parking; and
18
19 WHEREAS, the impact of the Shops of Sunset on the downtown parking supply has highlighted the
20 need to reevaluate parking regulations contained within the South Miami Land Development Code; and
21
22 WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance No. 8 -99- 1682,
23 modifying and suspending the Land Development Code sections referred to above for a period of nine
24 months ;and
25
26 WHEREAS, the City Commission at its meeting on April 18,2000, adopted Ordinance No. 11 -00-
27 1713, which extended for an additional nine months the modifications and suspensions of the Land
28 Development Code sections referred to above; and
29
30 WHEREAS, the City Commission at its meeting on February 6, 2001 adopted Ordinance No. 6 -01-
31 1737, which extended for an additional nine months the modifications and - suspensions of the Land
32 Development Code sections referred to above; and
33
34 WHEREAS, the purpose of the modifications and the suspensions was to afford staff and citizens an
35 adequate time period to reevaluate the City's parking regulations and propose any necessary changes ;and
36
37 WHEREAS the City Commission appointed Zoning Task Force is in the process of reviewing the
38 Land Development Code including the Hometown District and the Off- Street parking regulations; and
39
40 WHEREAS, the necessary; evaluation and studies are now sufficiently completed to determine what
41 amendments are needed; and
42
43 WHEREAS, it is appropriate to provide an additional nine(9) months to review the specific
44 amendments of the Land Development Code pertaining to parking reductions; and
45
46 WHEREAS, the City Commission desires to enact the aforesaid ordinance.
47
48 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
49 THE CITY OF SOUTH MIAMI, FLORIDA:
50
51 Section 1. That Section l of Ordinance No. 8 -99- 1682, adopted by the City of South Miami City
52 Commission on May 4, 1999 is hereby amended to read as follows:
53
I Section I: The automatic parking adjustments allowed pursuant to Section 20-7.6(B) of the South
2 Miami Land Development, entitled "Required Parking, " are hereby modified for a period of WHO
3 04thirt six (36) months for the purpose of reviewing the effects and appropriateness of the
4 adjustment provisions on the future developments, as follows:
5
6 Section 2 That Section 2 of Ordinance 8 -99 -1682, adopted by the City of South Miami City
7 Commission on May 4, 1999 is hereby amended to read as follows:
8
9 Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via Special
10 Parking Permit," is hereby suspended for a period of mine . thirty six (36) months for the
11 purpose of evaluating the effects and appropriateness of this provision on future developments.
12
13 Section 3 That Section 3 of Ordinance 8 -99 -1682, adopted by the City of South Miami City
14 Commission on May 4, 1999 is hereby amended to read as follows
15
16 Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking Permit, " is
17 hereby suspended for developments within the boundaries of the Hometown District for a period
18 of 1) thirty six (36) months for the purpose of evaluating the effects and appropriateness
19 of this provision on future developments within the Hometown District.
20
21 Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
22 or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
23 remaining portions of this ordinance.
24
25 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
26 hereby repealed.
27
28 Section 6 This ordinance shall be effective immediately after the adoption hereof.
29
30
31 PASSED AND ADOPTED this day of , 2001
32
33 ATTEST: APPROVED:
34
35
36 CITY CLERK MAYOR
37
38 1st Reading -
39 2 °d Reading -
40
41 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
42 Mayor Robaina:
43 Vice Mayor Feliu :
44 CITY ATTORNEY Commissioner Russell
45 Commissioner Bethel:
46 Commissioner Wiscombe
47
48
49 Note: New wording underlined; wording to be removed indicated by strike through-.
50
51
52
53
LDC SECTIONS SUBJECT TO MORATORIUM
MAY 4,1999 to AUGUST 4, 2001
SECTION 20 -7.6
Parking.(Hometown)_NOTE; New wording underlined.
(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
(1) On- street spaces adjacent to a lot shall count toward the parking requirements for that lot;
a partial space longer than eleven (11) feet shall count as a full space.
(2) Where arcades are optional, buildings with arcades shall receive an additional five (5)
percent reduction in the required number of spaces.
(3) In addition to the above, one of the following may apply:
(a) Two -story buildings shall receive a fifteen (15) percent reduction in the required
number of spaces.
(b) Buildings of two (2) or more stories with uses from two (2) of the three (3) use
categories provided herein under "Permitted Uses, each use constituting
no less than thirty (30) percent of the gross floor area, shall receive a thirty
(30) percent reduction in the required number of spaces.
(c) Buildings of three (3) or more stories with uses from each of the three use
categories provided herein, each use constituting no less than twenty -five
(25) percent gross floor area, shall receive a forty -five (45) percent
reduction in the required number of spaces.
4 For new buildings' greater than 250,000 sgft., changes of use and additions greater
than 10,000 square feet the allowable parking adjustments identified in
subpara rag_ phs (2) and (3) above shall require the affirmative vote of four (4)
members of the City Commission and follow those procedures established for
�pecial use permits as set forth in Section 20- 5.8(B) through (F), and shall follow
thnce nrncedures for 'nublic'hearings set forth in Section 20 -5.1 throuah 20 -5.6.
5 For new buildings not exceeding 250,000 sgft., changes of use and additions not
exceeding 10000 square feet the allowable parking adjustments identified in
.._.L.- ......,".,.._1.,. M\ .....A7 r% —1,__ A-11 ...n_4iv»iot_ I o — _rw,AAri...
SECTION 20- 4.4(G)
(G) Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to
share the same required off - street parking spaces in a common parking facility, according
to the following table:
Uses
Weekdays
Weekends
6 a.m.
through
6 p.m.
6 p.m.
through
6 a.m.
6 a.m.
through
6 p.m.
6 p.m.
through
12 a.m.
12 a.m.
through
6 a.m.
Office or
Bank
100%
5%
10%
5%
5%
Retail
60%
20%
60%
60 %
5%
Hotel
50%
60%
60%
100%
75%
Restaurant
50%
75% °
75%
'90%
10%
Theater
10%
70%
60%
90%
10%
Nightclub
5%
50%
5 %
100%
90%
6 a.m.
through
6 p.m. `
6 p.m.
through
6 a.m.
6 a.m.
through
6 p.m.
6;p.m.
through
12 a.m.
12 a.m.
through
6 a.m.
Apartment or
Townhouse
10%
100%
75%
100%
100%
Other Uses
100%
100% `
100%
100%
100%
Method of Ualculation:
Step 1. For each of the five (5) time periods, multiply the minimum number of
parking spaces required by Section 20- 4.4(B), Space Requirements.
Step. 2. Add the results of each column. The required number of parking spaces
shall equal the highest column total.
I
SECTION 20 -4.4 (IT1
(H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a
proposed structure or use is to be located within one thousand five hundred (1,500) feet
of the South Miami MetroRail Station, as measured from property line to property line,
four (4) affirmative votes of the city commission may reduce the number of required off-
street parking spaces for such use by up to fifty (50) percent, depending upon the nature
and type of use and its potential user relationship to rapid transit facilities, as provided for
under Section 20- 4.4(J).
i
I
i
II
T
c
2 ORDINANCE NO.
8 -99 -1682
4 ANI ORDINANCE Of THE MAYOR AND CITY COMMISSION OF THE
S CITY` OF SOUTH MIAMI, FLORIDA. ` RELATING TO THE LAND
b DEVELOPMENT CODE; ML ODIFY'NI G AND SUSPENDING CERTAN
7 PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQLIRED
8 PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THER.EBy
9 ENABLING THE CITY TO ASSESS THE IMPACT OF THE SHOPS AT-
10
SUNSET PLACE ON _ THE DOWNTOWN PARKING SUPPLY,
11 EVALUATE THE APPROPRIATENESS OF SUCH PROVISIONS AND
12 PREPARE NECESSARY.. , AMENDMENTS; PROVIDING. THAT
13 ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND
14 EFFECT DURING THIS TIME PERIOD; PROVIDING FOR
1`5 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
16 DATE.:
17
18 WHEREAS, the Mayor and City Commission continue to support and promote
19 growth that is responsible and that contributes positively to the well being of the
20 community; and
2I
22 WHEREAS, the Mayor and City Commission are committed to encouraging and
23 supporting the small property owners and local merchants in the development and
24 redevelopment of their properties; and
25
25 WHEREAS, the Mavor and Commission wish to respond to the impact of The
27 Shops at Sunset Place on the downtown parking supply; and 4
28
29: WHEREAS, the impact of the Shops at Sunset Place on the downtown parking -
30 supply has highlighted the need to reevaluate the parking regulations contained in the
31 South Miami Land Development Code; and
32-
33 WHEREAS, the Mayor and City Com.rnission desire to afford City Staff and
34 citizens with an adequate time period to reevaluate the City's parking regulations and
35 propose any necessary changes; and
36
37 WHEREAS, the Mayor and City Commission find that it is in public interest tc)
38 modify and suspend certain parking provisions in the Land Development Code; and
39
40 WHEREAS, both the Plarming Board and the Hometovm District Parking
41 Committee have reviewed and approved the ordinance with comments which are
42 incorporated herein and
43
44 WHEREAS, the Mayor and City Commission continue to provide leadership in
45 ` areas of community concerns.
45
47
48 NOW. THEREFORE. BE IT ORDAr1ED BY THE NMAYOR AND CITY
49 CO'iMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA;
I Section 1: The automatic parking adjustments allowed pursuant to Se
2 7.6(B) of the South Miami Land Development. entitled "Required Parkin °t10n 20-
3 modified for a period of nine (9) months for the purpose of r viewing the effects and
4 appropriateness of the adjustment provisions on the future developments, as follows: ,
5
6 (B) Required Parking. Within the Hometown District, the following a' d justrrie
7 number of parking spaces required by Section 20 -4.4 (B) of
8 the Code are provided:, r° the
9 1• On- street spaces adjacent to a lot shall
10 requirements for that l count toward the
lo, a partial space longer than 11' shall count a king
I l space. a full
12 -
13 2. Where arcades are optio
14 nal, buildings with arcades shall receive an
15 additional 5% reduction in the required number of spaces.
16 3. In addition to the above, one of the following may apply
17
18 a. Two -story buildings shall receive a I5% reduction in the require
19 number of spaces. d
20
21 b. Buildings of two or more stories with uses from two of the three use
23 categories provided herein' under "Permitted Uses," each use
constituting
25 no less than 30% of the gross floor area, shall receive a
24 30% reduction in the required number of spaces.
26 C. Buildings of three or more stories with uses from each of the three
28 use categories provided herein, each use constituting no less than
25% ,gross floor area, shall receive a 45% reduction in the re
79 number of spaces. quired
34
31 4. For new buildings greater than 259.000 sgft.. chancres of use and additions
33 seater than 10,000_ square feet. the allowable arkino ad'ustments
33 identified in sub aragraDhs (2) and (3), above, shall require the affirmative
34 vote of four 4) "memberS of the City Commission and follow those
35 : procedures established for' Weciai use permits as set forth in Section 20
36 5.8 B) through (F) and shall follow those Drocedures for public hearings set
37 forth in Section 20 -5.1 through 20 -5.6.
38
39 5. For new buildings not exceeding 259.000 soft., chanIges of use and
additions not exceedin 10.000 s lire feet. the allowable parking
41 adjustments identified in suboara?ra hs ?) and (3). above. shall continue to
42 -
be as r rovided.
43
44 6• For re-1-cement of an existing building, comoietely darnacred due natural
46 or man made disaster. the allowable t?arking adjustments to ned in
46 identified
47.
subaaraeraahs f2) and (3 . abovf- shall continue to _be as rov ded.
48
49
1 Section L. Section 20- 4.4(H), entitled "The l�letroRail Usage Con
Special Parking Permit,,, is hereby ideratio
3 y suspended for a period of nine (9) nio n Via
purpose of evaluating the effects and appropriateness of this provision tl for the
4 developments. on
5 future
6 Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via S
7 Permit," is hereby suspended for developments within the boundaries of Special p�kiri
8 District for a period of nine (9) =months for the purpose of evaluating the Iormeto
9 appropriateness of this provision on future developments w *thin the Hometo a effects and
10 wn District.
I I Section 4: The ordinance shall not apply to any develo men
12 application for. development permit was submitted prior to the Ist readin t for ��`hich an
13 g
14 Section 5: All ordinances, resolutions and parts thereof, in co
15 ordinance shall not be in force and effect during she time period of this ordinance,
nflict with this
16 e,
17 Section 6: If any section, clause. sentence, or phrase of this ordinance
18 reason held invalid or unconstitutional by -a court of competent jurisdiction, is fora, -�y
19 shall not affect the validity of the remaining portions of this ordinance. 'the holdinj
20
21 Section 7: This ordinance shall take effect immediately at t
22 passa; he time of its
23
24 PASSED AND ADOPTED this 4th y Mav 1999.
25 day of
26 ATTEST:
27 APPROVED;
28 �
29 CITY CLERK
�i2J*,w
30 1YLaY0R
3I READ AND APPROVED AS TO FORM:
32 C0M!MISSION( VOTE:
33 Mayor Robai na : f
34 CITY ATTORNEY Vice Mayor _Ol i veros : `f V
35 Commissioner Feliu: ye;
36 1st Reading• 3/2/99 Co mi issioner Bethel: Y
37 2nd Reading: 5 /4 /99 Commissioner Russell: 'f
38 u
39
40
41
42, FJ
43 - s.d
44 NAY 1 3 1994
45
46
48 ... ;
49 c:\ !parking modification study ord.doct Planning Board
50
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
O.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 CITY OF SOUTH MIAMI
and Legal Holidays) newspaper, published at Miami in Miami -Dade NOTICE OF PUBLIC HEARING
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
OTICE IS HEREBY th t the 't Commission of the City f
CITY OF SOUTH MIAMI- PUBLIC HEARING 11 /20/01
ORD. RELATING TO THE LAND DEVELOPMENT CODE ETC.
in the XXXX Court,
was published in said newspaper in the issues of
. i, C1 �'i 20 )
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 or corporation
any discount, rebafe comm' refund for the purpose
of securing th�adverti tfor pu lication in the said
newspaper./
Sworn to�nd subscri before me this
09 day of NOV BER 01
.� s�
OFFICIAL N0 A Yc�FJiI
(SEAL) JANEtT l..f }FRFNA
O.V. FERBEYRE personal] p,,��BL1C S? f1Tc ` ORIO�.
SfISSIOPv' N0 CC S'2S
MX COMMISSION EXP. JNE ?3 2 t? 9
N given a e i y, y
South Miami, Florida will conduct a Public Hearing at its regular City Com-
mission meeting scheduled for Tuesday November 20, 2001 beginning
at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to
consider the following on first reading:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE LAND DEVELOPMENT CODE, SPECIFICALLY REGULA-
TIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE
REDUCTION OF REQUIRED OFF STREET PARKING BY
AMENDING ORDINANCE NO,8.99- 168?IN ORDER TO CON-
TINEJE FOR ;AN ADDiTI0N,141'. N NS(9) ".IONTHS THE MODIFI-
CATIONS MADE -i.O SE:-TION'20_7.6(P-,,, AND THE SUSPEN-
SION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H) PRO-
VIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT
AND PROVIDING AN EFFECTIVE DATE
Said ordinance can be inspected in the City Clerk's Office, Monday- Fri-
day during regular office hours.
Inquiries concerning this item should be directed to the Planning De-
partment at 305- 663 - 6326.
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 includes the testimony and evi-
dence upon which the appeal is to be based.
11/9 01- 3- 10/212442M
- - ,,,.