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06-10-97` l MAYOR: VICE MAYOR: Aiwa M. Price, Ph.D. Julio Robaina COMMISSIONER: COMMISSIONER: COMMISSIONER: Armando Oliveros, Jr. David D. Bethel R. Paul Young, Ed.D. • 1 it MLO_11 A O .� Regular City Commission Meeting Meeting date: June 10, 1997 6130 Sunset Drive, South Miami., FL Next Regular Meeting date: July 22, 1997 Phone: (305) 663 -6340 Time: 7:30 PM 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 IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Klami Ordinance No. 6-86 -1251 requires all persons appearing In a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: C. Presentations: ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. _ Approval ._of. Minutes : 2. City Manager's Report: a. Submittal of an Application for Planned Unit Development - Residential [at which time the City Commission may set a date for public hearing] b. Parking Garage RFP REGULAR CITY COMMISSION 1 AGENDA - JUNE 10, 1997 c. Composition of CRA Board 3. City Attorney's Report: CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS; PROVIDING FOR APPOINTMENTS TO RECREATION ADVISORY BOARD; PROVIDING FOR TERM OF OFFICE AND PROVIDING FOR AN EFFECTIVE DATE. (Mayor Price) 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 OF $6,500.00 TO AUTOMATED BUSINESS MACHINES, INC. FOR THE PURCHASE OF A COLLATOR WITH STAPLER, AND CHARGING THE DISBURSEMENT TO ACCOUNT 1320 - 513.6420 (OFFICE EQUIPMENT). (Administration) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF ONE THOUSAND THREE HUNDRED FIFTY -EIGHT DOLLARS AND FIFTY CENTS ($1,358.50) AS.PAYMENT FOR SERVICES RENDERED BY METROPOLITAN DADE COUNTY "BOARD OF COUNTY COMMISSIONERS" FOR THE CITY OF SOUTH MIAMI SPECIAL ELECTION HELD ON APRIL 8, 1997; AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO. 01- 1200 -4920 "ELECTIONS" (Administration) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ---MANAGER- -TO ACCEPT ""THE BID " °OF "$1,300.00 FROM MIGUEL LOPEZ JR. INC., FOR RESTRIPING THE PARKING LOT OF PALMER PARK BY CHARGING THE DISBURSEMENT FROM ACCOUNT NUMBER 2000 -4620, "REPAIR & MAINTENANCE SERVICES ". (Administration /Parks & Rea.) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY REGULAR CITY COMMISSION 2 AGENDA - JUNE 10, 1997 MANAGER TO DISBURSE THE SUM OF $20,595.00 TO AUTOMOTIVE DIAGNOSTICS FOR THE PURCHASE OF A VEHICLE WHEEL ALIGNMENT /BALANCING RACK AND COMPUTERIZED EQUIPMENT FOR USE BY THE MOTOR POOL DIVISION OF THE PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760 - 519 -6430, "MOTOR POOL - EQUIPMENT OPERATING ". (Administration /Public Works) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTINUE THE CITY'S PARTICIPATION IN THE MEALS FOR THE ELDERLY PROGRAM. (Administration /Parks & Rec.) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,686.00 TO AMPCO PRODUCTS, INC. FOR THE PURCHASE AND INSTALLATION OF RESTROOM PARTITIONS IN ALL CITY HALL PUBLIC RESTROOMS AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1710 -519- 4670, "BUILDING MAINTENANCE - REPAIR AND MAINTENANCE OF GROUNDS AND STRUCTURES ". (Administration /Public Works) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW THE ANNUAL AGREEMENT WITH AMI COMPUTER SERVICES, FOR THE MAINTENANCE OF THE FINANCE DEPARTMENT'S BURROUGHS COMPUTER SYSTEM AND APPROVING THE DISBURSEMENT IN THE AMOUNT, NOT TO EXCEED, $5,500.00 FOR THE SERVICE TO BE CHARGED TO ACCOUNT NUMBER 001- 1410 - 513.4620, TITLED "MAINTENANCE- OPERATING EQUIPMENT." (Administration /Finance Dept.) 3/5 12 °A---RESOLUTION''OF "'THE --- 'MAYOR - AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW THE MAINTENANCE AGREEMENT OF CITY OWNED PC EQUIPMENT WITH AMI COMPUTER SERVICES FOR A PERIOD OF ONE YEAR AND APPROVING THE DISBURSEMENT IN THE AMOUNT, NOT TO EXCEED, $4,545.00 FOR THE SERVICE TO BE CHARGED TO ACCOUNT NUMBER 001- 2100 - 519.4635, TITLED, "NON- DEPARTMENTAL MAINTENANCE PC EQUIPMENT". (Administration) 3/5 REGULAR CITY COMMISSION 3 AGENDA - JUNE 10, 1997 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $19,195.00 TO AMERICAN TRUCK CRANE, INC. FOR THE PURCHASE AND INSTALLATION OF A 2,000 GALLON WATER TANK /SPRAY NOZZLE ON A PUBLIC WORKS TRUCK FOR CITY WIDE LANDSCAPE IRRIGATION PURPOSES AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 1750- 519 -6430, "LANDSCAPING DIVISION - EQUIPMENT OPERATING". (Administration /Public Works) 3/5 ORDINANCE(S) SECOND READING & PUBLIC HEARING(S) There are none RESOLUTION(S) PUBLIC HEARING There are none RESOLUTION(S) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER TO PAY AN ADDITIONAL FEE IN THE AMOUNT OF $60,000.00 TO ARCHITECTURAL DESIGN CONSORTIUM, INC. TO COMPLETE A FULL SET OF ARCHITECTURAL DRAWINGS ENCOMPASSING THE COMPLETE REQUIREMENTS FOR CONSTRUCTION OF THE MULTI- PURPOSE CENTER; THE FUNDS TO BE DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. (Commissioner Bethel) 4/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF CONTRACT CHANGES FOR THE PURCHASE OF ONE HUNDRED (100) NEW PARKING METER HEADS FOR THE HOMETOWN DISTRICT BY THE FIRM OF STROYNE BROTHERS SOUTH, INC.; PROVIDING _...FOR -. - PAYMENT- - -NEXT -FISCAL -YEAR; AUTHORIZING EXPEDITED INSTALLATION; AUTHORIZING PURCHASE OF ELECTRONIC -TYPE MECHANISMS AND COLOR OPTIONS; REQUIRING CITY COMMISSION APPROVAL FOR OTHER CHANGES; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration) 4/5 REGULAR CITY COMMISSION 4 AGENDA - JUNE 10, 1997 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF CITY ADMINISTRATION TO EXPEND FUNDS FOR THE SNAPPER CREEK CHARRETTE BASED UPON THE BUDGET PREPARED BY THE SNAPPER CREEK CHARRETTE STEERING COMMITTEE; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO. 001 - 2100 - 519.55 -90, "URBAN DESIGN PROJECT- CHARRETTE;ll AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /BZ &CD) 4/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTRUCTIONS TO THE CITY ADMINISTRATION REGARDING THE ESTABLISHMENT OF LICENSING PROCEDURES TO PERMIT STREET VENDOR CARTS AND STREET VENDOR SITES ALONG SUNSET DRIVE; PROVIDING THAT SAID STREET VENDOR CARTS AND STREET VENDOR SITES MAY BE ONLY OPERATED BY SOUTH MIAMI AREA MERCHANTS WITH RETAIL BUSINESSES LOCATED IN THE HOMETOWN DISTRICT; PROVIDING FOR DESIGN STANDARDS; PROHIBITING THE SALE OF FOOD AND BEVERAGES FROM STREET VENDOR CARTS AND STREET VENDOR SITES; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /BZ &CD) 3/5 ORDINANCE(S) FIRST READING There are none PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 5 AGENDA - JUNE 10, 1997 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: ayo �r and m ssi n FROM: L. Dennis Whitt, City Manager DATE: June 6, 1997 RE: Agenda Item # Comm. Meeting June 10, 997 Appointments to Parks & Recreation Board This resolution is placed on the agenda at the request of Mayor Anna Price. It recommends the appointment of Lee Perry, Carla Cancio - Bello, Marc J. Cooper, Sandy Warshaw and Meriam F. Weiss to the Parks and Recreation Board, and establishes term expiration dates. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS; PROVIDING FOR APPOINTMENTS TO THE PARKS & RECREATION BOARD; PROVIDING FOR TERMS OF OFFICE TO END JUNE 2, 1999; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission recognizes the important contributions made by those who serve on the various city boards and committees; and; WHEREAS, section 2 -26.3 establishes the South Miami Recreation Advisory Board and the City Commission wish to appoint a full complement to this board. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints to following individuals to serve on the Recreation Advisory Board for a two year term ending June 2, 1999: Lee Perry, Carla Cancio - Bello, Marc J. Cooper, Sandy Warshaw and Meriam F. Weiss. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR , 1997. It v CITY OF SOUTH MIAMI 6130 Sunset Drive Ph (305) 663 -6340 South Miami, FL 33143 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name M S, Cz Yr I S 3 //(please print)' 2. HomeAddress / 7 6 1 7 7" 3. Business 4. Business Address 4..1 -/ 5. Home Phone ?a) �-/'b /- c/ 9Z Business Phone iJ/ _,Q 6. . Educational Background /7;'.. , -5'rlu ( IGirvt�ua.7'r'V j �tirq, 7. E.*P r1F 10. Su. rnnl� r ,5'C�1cCi � �� !q�'ry< •�v�r�c�.: �' 2��..G� �:� (/.�; rlrs: �� •r r-in, -ic! Community Services C'ci: f3�1L1�1 �'',j-7 'N1 Ctli. '7 /�15 5'e, V7 r tl i��-( /ems ( ' +- i' � 1 / �. !+ 1..: � � • n r�' (' 1` r"r. +,( � ` � !.� .S (.1� + »7 i� i= i_ � / + • � �_+ ih l S' ' �• v Are you a registered voter? Are you a resident of the City? Do you have a business in the City? Yes f,� No Yes No Yes No-Z �J�y LJ a Signature ' -f 1 .' �!„s;'j ,(� Date (?% e r - ` i/ RESUMES WILL REMAIN ON FILE FOR ONE YEAR C� a 4 CARLA CANCYO -BELLO I 5901 S.W. 76 Street Miami, Florida 33143 (305) 667 -4976 EDUCATION DUKE UNIVERSITY SCHOOL OF LAW J.D. Degree, May 1989 Activities: Law School Representative, Graduate and Professional Student Council. 1988 -89; Moot Court; Duke in,Denmark, International Studies Summer School, 1937 FLORIDA INTERNATIONAL UNINERSITY Bachelor of Arts with Honors, June 1986 Major: English; Minor: Latin American Studies EMPLOYMENT HISTORY Attorney CAALAe CANCIO- BELL0, ESQUIRE Miami. Florida. October 1993 through present. Caseload includes premises liability, civil rights, discrimination, sexual harassment, Americans with Disabilities Act cases and real property issues. Attorney RECKER & POLIAKOFF �•• L��-�� #�) t��...1J.-f....v li iL J.4 V.+�lA ASV .rl,lV Vl IJJi. Condominium law and construction litigation emphasis. Caseload included the representation of condominium and homeowners associations in foreclosure and related cases. Attorney i PETERS, ROBERTSON, LAX, PARSONS & WELCHER Miami, l; lorida, January 1990 through June 1992. Insurance Defense and Workers' Compensation emphasis: Responsible for caseload,in both areas of practice and prepared many cases for trial, including successful resolutions through Summary Judgment. Law Clerk I HARTER, SECREST & EMERY Rochester, New York, and Naples, Florida, Summer 1938 Litigation Practice: Prepared appellate briefs, motions, tuem.oragda of law. LaNv Clerk HARLOW, DERR. & STARK Research Triangle Park, North Carolina, .S.p tamer 1987, .. _, , • _ _ . Commercial Practice: Researc( Lmv Clerk DUKR UNIVERSITY SCi•ICt: � �5' �L1ST•. Qn2 dQ1'n �t O��Gi Durham, North Carolina, 198 i' Wrote and prepared chapters f Control Law, Administrative 1 �cLp;.'; n�� r,�srted • 1 tl Iry i YIJC a FUBLICATIONS FoundinC Editor of Workers'.: ��-�-t`Q -?� lO r t � t�� r k5 Cp � publication circulated to Work Tv; tc , resisvi'r 'bc.rla t OTHER SKILLS Spanish, fluent reading and sp ��°d�'oora or�".vairiav5 SeYtna Computer skills, WordPerfect ., yaY'cl i►1 jur�1 C S .+ $ ;h tr .. • �cnthlw+ lam•' `��. FROhI PHONE NO. : P ©1 SANVY WARSHA.W 6555 SW. 55 Lane Miami, F133155 (305) 666 -3021 Arts Administrator - Fund Raiser - Director of Special Events for Cultural and Social Organizations - Teacher - Writer - Public Relations Counselor - Theatrical Director /Actress 1995-1993 SPECIAL DELIVERY - Own Speccln/Acting Production Business, Writing, Coaching and Image Consulting. 1988-1989 LUNCHTIME LIVELY ARTS - Wolfson Campus - Assistant Director 1986 -1989 FREE LANCE WRITER: Weekly column for 4 years in MIAMI TODAY; Miami Daily News, Showcase Magazine, The International Good Life, City Beautiful, Grove Grapevine, Dondc, Guia, Connuuuaity Newspapers, Miami Jewish Tribune. 1993-1989 BASS MUSEUM! - Public relations and writing to publicize the Precious Legacy Exhibit; wrote all relcascs, worked on the Hall, assisted photographer, 1982-1986 MEDIA MIAMI - Operated own public relations firm. Representing: Miami's Summer Boat Show, Comet Courier, Ono -Of -A -Kind Wood - Design, Miami Theater Productions, The Up Grove Thcater, and local artists, Activities: Arranging press, radio and TV interviews; writing and placement of articles; assisting fund- raising events; planning and hosting parties; promoting individuals and projects. 1981-1982 NEW WORLD FESTIVAL OF TJ1U ARTS - Excautiva. Supervised distribution of all brochures and posters. Wrote, performed public service radio and TV spots. Public Speaking engagements promoting Festival to area groups. Coordinated all volunteers (hosts for celebrities, ushers, technicians), Arranged merchandise sale displays at arcs theaters, stores and art shows. Organized local cultural groups to support Festival by setting up coffees and parties. 1980-1981 FLORIDA PHILHARMONIC - Administrative Aide to President Marshall Harris. Editor and photographer, FANFARE Newsletter. Set up and supervised VIP parties and social events. Liaison to Woman's Organizations, Liaison with Ad Agency, Coordinated mailing lists for computerization. 1979-1980 $CIIOUL VOLUNTEER PROGRAM - Conceived and researched a project for a Touring Cultural Arts program for the Dade County Public School system. y TEACHING EXPERIENCE 1994-1995 International Fine Arts College - Literature, English, Spccch, 1994-1994 Actors Playlruuse; Acting, 1994-19.94 South Miami School: Acting, 1990-1993 Palmetto Senior High: ESOL, 1985-1993 Miami -Dade Conununity Cullcge: Wolfson, South, North and Hialeah - Weekend, full -tune and part-time: English, Acting, Humanities, voice and diction, oral intmpretation. 1991-1992 Coconut Grove Playl Touse: Acting 18- 2 (Adults and Children). 1983-1985 International Fine Arts College: English, Speech and Theater. 1975 University of Miami: Business English and Movement for the Theater. EDUCATION Master of Science in Adult Education - F.LU. - 1978 Bachelor of Fine Arts - F.I.U. 1976 Duke University - 1975 Miami -Dade Community College - 1972 University of Miami - 1950 -1953 ORGANIZATIONAL AFFILIATIONS YOUNG PA'T'RONESSES OF THE OPERA: Board Member, - Secretary Edited Newspaper, "OPERA -PO ". BALLET SOCIETY:. Chairman of the "Sleeping Beauty Ballet Ball ". PLAYERS ANGELS: Founded Players State Theater Support group. THEATER ARTS LEAGUE: Writer, Director and Board Member. THEATRICAL CREDITS Over 100 Radio Commercials and voice overs, movies and TV shows in New York and Miarrri, Theater: Coconut Grove Playhouse, Lambertville Music Circus, Miami Music Circus, Ruth Forman's etc. (parts and chorus) Member of Actors Equity. SPECTAL SKILLS Photography: Operate Canon AEI 35mm carnera; also TV Studio and portable cameras; knowledge of lighting and sound systems. 4 T7 CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name Marc Cooper (please print) 2. HomeAddress 6801 SW 75 TERRACE Fighter Industries, Inc. 3. Business 491 Hialeah Drive 4. Business Address Hialeah, Fl. 33010 5. Home Phone 305 661 -5481 Business Phone £ifi4 -()51 5 6. Educational Background Have a B.A. from Florida International University. My degree is in Philosophy, gdaduating Summa Cum Laude. I did take two courses in public administration while at the university. 7. Community Services I am a young man who has lived in South Miami for ?? - years and have seen our city evolve over the last five' years. I want to be a part of our community's furthea. growth. I was a candidate for the South Miami Commission and am very happy to have received 58 votes, While at the university I was a leader._.of,,the 8. Are you a registered voter? Yes X No "One Nation Program7 a citizenship drive program. 9. Are you a resident of the City? Yes X No 10. Do you have a bus' ess in the City? Yes X No Signature Date June 6, 97 RESUMES WILL REMAIN ON FILE FOR ONE YEAR 4 m tr 1 0 n m a i V er Can K tox r..r --r I ro uL Uk o, t0 r0 a v co �7 ro M O ,-r ux Uk O n to tR T:t t0 to •"t to O ,-h r-n to O' fi O CY L tq O !'O u. quo*,. �K Ux V �. (vim - _ v ra a r, eo to Q fH 0 0 ro s eo A a cr O� O � r't K rw � a t cr, C2 two � rho to n ~' O Or r"h L'J f4 � O O � C' m tR to CY e-* d' CV rr ro o CITY OF SOUTH MIAMI v INTER - OFFICE MEMORANDUM T : or and Commission From: L. Dennis Whitt City Manager Date: June 6, 1997 Agenda Item # Subject: Commission Meeting 6/10/97 Collator Purchase This resolution approves the purchase of a Collator for use by Central Services. The equipment is to be purchased from Automated Business Machines, Inc. for a purchase price of $6,500, and will be paid from account # 1320 - 513.6420, "Office Equipment." The city does not own a collator, and large printing jobs take a great deal of time to collate by hand. This machine will improve the operation of our Central Services office. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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 OF $6,500.00 TO AUTOMATED BUSINESS MACHINES INC. FOR THE PURCHASE OF A COLLATOR WITH STAPLER, AND CHARGING THE DISBURSEMENT TO ACCOUNT 1320- 513.6420 (OFFICE EQUIPMENT) . WHEREAS, Central Services does not have a collator, and all collating is done manually. WHEREAS, the collator was an approved equipment in the 1996/1997 fiscal year budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Finance Department, Central Services has obtained the following price quotes: Baumfolder Corp. $8,590.00 Spinola Prt Supply $7,599.00 Automated Business Machines $6,500.00 Section 2. The City Manager be, and hereby is• authorized to disburse the sum of $6,500 to Automated Business Machines, Inc. for the purchase of the collator with stapler. Section 3. That the disbursement be charged to 1320- 513.6420 (Office Equipment). Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY. ATTORNEY APPROVED: MAYOR 5 �� +`"1ci /1997 11:48 3056202201 ABM / �` ' ' . ?AGE 01 4 pr AUTOMATED BUSINESS MACHINES 4824 NW 167th STREE MIAMI, FL 33014 DADE: 305 - 620-0020 9 BROWARD: 54 -739 -1222 PALM BEACH: 561.833 -9044 • FL TOLL F EE: 1- 900 - 446 -5501 FAX #: 305 - 620.22011 rA!~I�*�Tl11)AI MF�MlM�! I•i *� Mi �ir,rhMN�u �I14r;yi +��+�.� +w.a�;: +•prM..!.....:_, M; FAX COVER SHEET OF Date5/28 97 Fax # 667 -7806 To: Name Kathy Vazquez N gpmpapy. Cit Of south Miami - I From: Namc Marcel Fernandez THIS COMMUNICATION CONSISTS OF 2 PAGES INCLUDING COVER SHEET, I COMMENTS: Here is the price quote you requested. IP you should i have an questions, y qu , please call me at 620 -0020. Thank you, Marcel Fernandez 05/28/1997 11:48 3056202201 ABM / PEE PAGE 02 611141vrm A% Customer. CITY OF SOUTH MIAMI ATTN: KATHY VAZQUEZ 6130 SUNSET DRZVE SOUTH MIAMI, FLORIDA 33143 rl InvoiO #: Deter 2 8/9 7 Custo er ID: DELIVERED I NET B. SINGER I&INSTALLED UPON RECEIPT- WE ARE PLEASED TO QUOTE ON YOUR INQUIRY AS FFOLLOWS: 1 1 EA I HBM MAXXUM 10 TABLE TOP COLLATOR 1 EA MBM MODEL 91 TABLE TOP STAPLER TOTAL SELLING PRICE FOR BOTH WARRANTY: 90 DAYS UNCONDITIONAL 1 YEAR ON BOTH TERMS: NET UPON RECEIPT DELIVERY: NORMALLY WITHIN 1 WEEK FROM RECEIPT OF PURCHASE ORDER Am" 628' ' dvslaoss Machines, Inc. F &m check'rotodor Company 4824 N.W. 187th Street a Miami, FL 33014 Phone: (305) 620 -0020 a Fax: (305) 620 -2201 Accepted By: Title: Date: $611) 00 $219,, . 00 $83!38.00 $6999.00 Subtotal $6999.00 Freight/Han ling INCLUDED Tax EXEMPT TOTAL I $6999.00 S Von ---- AINW ---- A'dW -- [] Papershredders - Bursters • collators - Perforators Time Recorders - Encoders Check Protecting & Signing Equipment 8 Coin & Bill Counting Machines /Supplies M BARRY SINGER A IDWITED BUSINESS MACHINES INC. A The Maxxum 20 Twin Towers Collating System. TwIN•TowERS cIVEE yOU MAXXLJM 20 A 20 -SIN CAPACITY. BOOST PRODUCTIVITY By CHOOSING THE RIGHT MAXXUM FOR THE JOB. MORE STAPLING OPTIONS GIVE YOU A PROFESSIONAL FINISHED LOOK. f VERSATILE MAXXUM' COLLATORS PUT YOU Il±i CONTROL. Maxxum® collators help you make the most of any project by giving you more options. Fully automatic features like variable -speed operation, five independent error detectors and optional corner stapler make your job easier and your print/copy shop, church, not - for - profit organization or in- plant shop more cost efficient. Plus, creative options like a unique program that lets you insert divider sheets adds to the professional look of your documents. Best of all, Maxxum machines work well with copiers, laser printers, digital duplicators and offset presses. For a complete fin- ishing system, Maxxum collators are also compatible with Sprint® Bookletmakers. SAVE MONEY AND INCREASE EFFICIENCY WITH THE RIGHT MAXXUM COLLATOR FOR YOUR NEEDS. To get any job done right, you need the right tools. When it comes to creating professional - looking documents, and doing it efficiently, you need to consider capacity, speed, functionality and versatility. Maxxum collators cover all the bases with versatile machines designed to handle large or small jobs that range from simple to complex. CHOOSE THE RIGHT MAXXUM COLLATOR FOR YOUR NEEDS. The Maxxum 10 Used by itself, the Maxxum 10 offers so -bin collating. Combine it with the Maxxum ioB and you're ready for larger jobs (up to 20 bins). The Maxxum io can be used as part of a complete finishing system by combining it with Sprint Bookletmaker and /or Maxxum Stapler.' The Maxxum 6 Maxxum 10 and 6. The Maxxum 6 offers a 6 -bin capacity with the same speed, A functionality and compatibility as the larger models. The Simple control panel ensures easy Maxxum 6 can be used with the popular Sprint operation. Indicator lights guide Bookletmaker and /or Maxxum corner stapler, the operator. Maxxum 6 Maxxum 10 Maxxum 10B Number of bins: 6 10 10 Bin Capacity: 200 sheets 200 sheets 200 sheets (201b.) (20 lb.) (20 lb.) Sheet size: Minimum Maximum Paper weight: Minimum Maximum Adjustable speed: (sets per hour) Electrical: Ship wt: Dimensions: 5" x 8" 113/4" x 17" 13 lb. 110 lb. 1000 to 2300 5" x 8" 113/4" x 17" 13 lb. 110 lb. 1000 to 2300 115V, 60 Hz 115V, 60 Hz BO lbs. 170 lbs. 27 1/2" H x 20 1/4" W x 20 3/4" L 39" H x 23" W x 21" L 5 "x8" 113/4" x 17" 13 lb. 110 lb. 1000 to 2300 115V, 60 Hz 200 lbs. 39" H x 23" W x 32" L IWA ..J s� MAXXUM 20 TWIN TOWERS COLLATING SYSTEM If you need a high- volume, versatile system, add the Maxxum ioB to create the Maxxum 20 Twin Towers: a 20 -bin capacity unit that can work independently or in tandem. They can be used in multiple configurations: i. Use as one collator to collate or transfer sheets to an on -line system. 2. Use both units to collate paper and transport sets to the stacker. 3. Use one unit to collate and transport paper sets to an on-line system and the other unit to collate paper sets to the stacker. The Twin Towers has features and capabilities similar to units costing much more. These units are combined both mechanically and electronically to operate together or independently, giving you the ability to perform two jobs at the same time. You'll get versatili- ty and cost - effectiveness. Number of bins: Up to 20 Bin Capacity: 200 sheets (20 lb.) Sheet size: Minimum 5 1/2" x 8 1/2" Maximum 1l" x 17" Adjustable speed: Offset stacking: 2100 sets per hour Straight stacking: 1800 sets per hour Electrical: 115V, 60 Hz Ship wt: 355 lbs. Dimensions: 39" H x 23" W x 54" L (without bases) 56" H x 23" W x 54" L (with bases) The Sprint Bookletmaking System A complete finishing system. 1 The Maxxum 20 Twin Towers incudes Maxxum io and Maxxum 1oB with transport. FINISH THE JOB WITH MAXXUM COLLATORS AND ON -LINE OPTIONS. As your business or organization grows, so does your need for more efficient ways to work. That's why Maxxum 6 and io collators are compatible with the Sprint Bookletmaker. Maxxum collators com- bined with the Bookletmaker and /or the Maxxum stapler create a complete finishing system. With Maxxum collators you'll have the same capabilities and finish- ing options that are offered with other machines costing much more. • Handles a wide variety of papers: bond, NCR, card - coated and folded sheets. • Digital counter with three different modes: totalizer, preset and a separating sheet insertion program. Preprinted material of different weights and quantities can be col- lated at the same time. • Receiving tray with offset or straight stacking options. • Easy to operate with user - friendly control panels. • On -line bookletmaking options available. • Corner stapler option. • Optional mobile bases. r OUR PROMISE. A MAXXUM CORNER STAPLER The Maxxum stapler offers a fast and efficient alternative to manual stapling. This new finish- ing option takes collated sheets from the Maxxum, jogs and staples them in the top left corner and delivers them into the collator's receiving tray. Save space with an optional col- lator base and shelf. The Maxxum stapler gives you features like: • Easy compact set -up • Paper -jam detector • Stacker -full detector • Out -of- staples detector Maxxum 6: 6 sheets Maxxum 10: 10 sheets Paper Size: 8 1/2" x 11 "to'8 1/2" x 14" Speed: 1500 sets per hour Paper Weight: 14 -100 lbs. Staple Cartridge: 5000 staples Staple Position: Upper left -hand corner Electrical: 115V, 60 Hz Size: 19 3/4" W x 8" H x 16 3/4 "L Ship wt: 35 lbs. Shelf: 14 lbs. O Base: 34 lbs. ° L MAXXUM COLLATORS STACK UP AGAINST THE COMPETITION. In your search for the right collator, be assured that Maxxum collators keep you on the cutting edge of technology in the paper - handling industry. Compare the state -of -the -art features: • Double -feed detector • Misfeed detector • Empty -bin detector • Paper jam detector • Stacker -full detector • Set counter MBM has been a well -known and respected leader in the paper handling industry since . 1936. We attribute our success over the years to providing customers with three simple things: a quality product at a good price, superior technical support and the best service in the business. r CORPORATION P.O. Box 40249 • N. Charleston, South Carolina • 29423-0249 Customer Service: (800) 223 -25o8 Fax: (803) 552-2974 Parts and Service: (800) 223 -2508 Fax: (803) 760 -3814 • Preset counter • Separating -sheet insertion program • Adjustable speed DEALER: .-J FW_J MqUM S MAY- 02 -196 THU 10:39 ID:SPINOLA PRT SUPPY TEL N0:305- 681 -2253 9166 P01 W_� FAX COVER SHEET COMPANY: e'ry ATTENTION: DATE: ��96 FAX NUMBER: (24r-) 77 /0 6 TOTAL PAGES: (INCLUDES COVER SHEET) MESSAGES: .4/ 441vi5 SPINOLA. PRINTERS SUPPLY, INC. 2235 N.W. 150TH ST. MIAMI, FLA. 33054 PHONE: (305) 681 - 8582 FAA: (305) 681 - 2253 If all pagcs not rcccivcd, pleasc Cali. 11 HU 1U: 44 11): 5P t NULR PRT SUPPY a er Handling Equipment dor �rstvr, necoRator. Booklettr -Off Folders mum 0 vertical Collators vjcaels 10 and 6 flirt TEL N0:305 -601 -2253 Tor palxt haAtiling needs that rcgltirt: tivlx;lllunl t ccsatilit }; �L loclk (t) Maxxulll verti0i collators. Those Ilya nett ll($Li is 1u1ndie a $vibe variety of paper Sizes and stacks, and alt ideal fur copy $hops, offices and print shop. A ; , NCR, fuldel 1•hutdles l tttle t whet! of papirs: bind anti mast ciao~! siltvts. D Digital counter with 3 diffel-cla mutles: ttlt�llixeT, }�rasel and a tiivlder sheet lnSertk"A p1UKrt1111. ■ Receiving tray with offset or strail;ht s!;lckinl;. D Cnrt'rr�ta}llrr,tut -lint buuk!t nllkin};;intl:acultdiower options,wallable. ,Maxxum 6 or 10 S Stations: 6 or 10 131a b' 150 lbs. 131aCapacity: 200 sllccts per bio Ship Wt, 10:17011: paper Size: 5" x S" to ]1'1 +" r i; " Size 6: 201/4" W x 27 VP H Speed: Up to 2:300 sets per hr. Size 10; 3" W x 21" 1, Electrical: 115V, 601 iz x 39" H Tile new Mtv:xum 207win T0'•Ve7S C011116nfi 5yste1ll inc;cases Your prtxiuctiv'sty to a 20 bin cullaling cap�clty. Tilt:; s ~tent q.-Umiotwin Towers ctmsist� of two 10-bin dcn(tly of e chluth�ll31 ckimbiluN to o}ieratc in tandem or t p _ •- ■ Sanrestandard features as U axaunl collators. it Can be cumt» ned 1v ith the Shrill', Bookletlllaker as all online booklet making SVSicm. 0 C,111 use both ullit$ it) cullaw ImlicC anti tratlSltelrt up to 2il sets ft to the stacker. t• Ut 0 Can work indcptauicrttly at the same tillle; unc unit collates - while tilt! other trnnsivrts to an online system. ■ System i; easy to operate with user- frietdly coat panels. ^ aealrr D Optional tnobilc bases for both colltlturs. Number of Bias: Up to 20 Bin Capacity: 200 $heels Paper Size: 5'h" x 8Y:" to 1]" x 17" Electrical; 1104; 601:z Ship Wt. 20: 355 IS, Ship Wt. IOU, 200 lbs. M,mum 20 includes Maxxum 10 and Maxxum 1013 will' transport. mwm•r~' Stapler" Cuhating Spaeth: Gffso stacking 211k1 sets per hour Straight stacking 1800 sets per hour This Clew finishing option takes collated slleetS tT0111 uie Maxxum Collators, then jogs and staples them in the top left r ,r,-- cclr,lcr. Stapled sets art: ciclivert'd ill t1110 collator's receiving Y. An opliannl collator base and tillrlf fttl' tite stapler am available w further entrance this space -mving unit. R Fasy colt fact set -up. Clot of staples ddector. r lit D janl cietector, ■ Stacker full deteclor. tittlplingC:lE,lcily; ii•.'. 1VlaxaUUllli: ltlslle�'ts 111116: 6 SI1r t tQ p a P er BA" x 11" to x 1•�' Spixk1: 1,500 sets per !lour Paper Wt: 14 -100 IbS. Sta}�!e Cartridl;e: 5(1:1<l staG�lt:. t:lectrical: 115V, 601-iz W x 8 "1i x 16+ /4"L Sllll) Wt: 35lb5. (last +: 34 lbs. Shelf: 14 lbs, 4169 P ©1 Maxxum 6 $4,699.00 Maxxum 10 $5,949.00 A r i t /" Maxxum 20 Twin Towers Collating System $12,984-00 Maxxum 108 with transport $7,035.00 1 r L111 ease for Collators #0730 $359.00 Maxxum Stapler x0729 $1,999.00 a 13ase for Collator 90730 $359.00 Shelf for Stapler 40731 $99.00 5 01/12/1997 23:28 15134970168 BAIV70LD =R 1D<? Post -it' Fax Note 7671 Date. or C1 bo To From ColOopt. �a• Phony # Phone b Fax p Fax # W Suggested Retail Prices' Effective January 1, 1997 AUTHORIZED DEALERS ONLY System 61: ;Manual setup 210 preformed staple capacity 10 sheets max. inline Facetrimming not available System 75. Semi -auto setup 5000 staples, flat- stitch 20 sheets max. inline Facetrimming available System 88: Fully automatic setup 5000 sheets, flat stitch 20 sheets max. inline Facetrimming available Programmable memory PAGE 01 TING & FINISHING SYSTEMS 6z a PL306 6 -bin collator in place of deduct $1200.00 from pricing. C = Collators B = Bookletmaker T = Trimmer j =jogger Shipping weight S61/310CB ...................................................... ............................... S13,265.00 .............. 410k S75 /31005 ..... ............... ..... ............................................................. 15,785.(14 .............. 544# S75 /310CBT ............................... ............................... ......................22,(80.00 ..............709# S75/320C B ........................................................ ............................... 23,375.00 .............. 729# S75/320CBT ............................... ............................... ......................30,270.00 ..............894# S88 /310CB .................................. ............................... ......................19,885.00 .............. 610# S88/320CB .................................. ............................... ......................27,475.00 ..............795# S88 /310CST ............................... ............................... ......................26,780.00 .............. 775# S88 /320CBT ................................ ............................... .....................31,370.00 .............. 960 S91 /310SC ...............• ................... .....I......................... .......................8,980.00 ..............310# S43/310SC .................................. ............................... ......................10,685.00 .............. 350# S43/320SC .......................................................... .............................18 275.00 .............. 550# 544 /310CJ ................................... ............................... ......................11,585.00 .............. 220# S44/320Cj ................................... ..............I................ ......................19.175.00 ..............420# $ 306 ..................... . ........................ PL306 .......................................... 4,995.00 .......... ....132# p 1�/.lc IC 5310 ............... ............................... PL310 ................. ..............,x!'.....6,195.00 ..............185# A0 S310B .......... ............................... P L 3106 ......... ............................... 7w95.00 .............. 200# S320............... ............................... PL320 ........... _ ......................... ..13.490.00 ............. 385# Base........................................... FL900001 .......................................... 295.00 ................ 60# S44J................................................ PL44 ........................................... 5.095.00 ...............35# 591 .................. ............................... PL91.......... ............................... 2,395.00............... 44# Complete finishing systems: Shelf ........................................... PL910001 .................. . ............ . ......... . .95.00 ................ loot • b,10, or 20 -bin collating • Manual to fully automatic setup S43 ............. ............................... p L43 .................... .......................4.195.00 ................5011 • Selection with or without Staples ....................................... PL880001 .................................. ... ....... 10.00....................... facetrimming • Comer stapling of 2 to 20 sheets • Crisscross or straightjogg4ig System 75/320CBT System 43/320SC System 44/32 System 310 5Ei E_:_ =s System 91/310SC w System 320 All prices FOD Sidsiey, Ohio • Prices do specifi :adons subject to change without notice 1880 Campholl Road • Sidney OH 45385 Phone 1. 500/543.8107 or 9377492.1281 • Fax 937/492.7200 r CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 my TO: Mayor and Commission FROM: L. Dennis Whitt, City Manager DATE: June 6, 1997 RE: Agenda Item # 6 Comm. Meeting June 10, 1997 Personnel April 8 Election This resolution authorizes the City Manager to disburse the sum of $1,358.50 as payment for services rendered by Metropolitan Dade County Board of County Commissioners for the special election held on April 8, 1997. Disbursement will be paid from account # 01- 1200 -4920, "Elections." I recommend approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF ONE THOUSAND THREE HUNDRED FIFTY -EIGHT DOLLARS AND FIFTY CENTS ($1,358.50) AS PAYMENT FOR SERVICES RENDERED BY METROPOLITAN DADE COUNTY "BOARD OF COUNTY COMMISSIONERS" FOR THE CITY OF SOUTH MIAMI SPECIAL ELECTION HELD ON APRIL 8, 1997; AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO. 01- 1200 -4920 "ELECTIONS" WHEREAS, the City of South Miami held a Special Election to elect a Mayor on April.8, 1997; and WHEREAS, to facilitate this process Metropolitan Dade County provided the following services: *Absentee /Sample Ballots *Printing (original ballot, ballot pages, ballot cards) *Supplies for precincts (votomatics, qualifying packets) *Deliveries (tabulation equipment, precinct supplies, absentee and sample ballots) *Tabulation (punch positions) *Personnel Cost *Telephone Installation *Administration Charges *Pollworker training NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to disburse the sum of $1,358.50 to Metropolitan Dade County "Board of County Commissioners" for the payment of services rendered during this Special Election. Section 2. Disbursement shall be charged to Account No. 01- 1200 -4920 "Elections." Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR , 1997. ,Rao�nE METROPOLITAN DADE COUNTY NUMBER 262546 INVOICE DATE: 5/12 7 ,199 r SOUTH MIAMI FROM: DEPARTMENT: Elections 6130 Sunset Drive Administrative South Miami, Florida 33143 MAIL CHECK WITH DIVISION: COPY OF INVOICE TO: METRO -DADE COUNTY, FLORIDA ATTENTION: Ronetta Taylor Elections Department L_ J P.O. Box 012241 Miami, Florida 33101 -2241 EASE MAKE CHECK PAYABLE TO: "BOARD OF COUNTY COMMISSIONERS ". ATTN: John R. Clouser 1ANS. CODE SUBSIDIARY # INDEX CODE PROJECT # ELR.023234 .010000 Charges to South Miami for election held April 8 1997: $ 1,358.50 LIST OF DETAILED CHARGES IS ATTACHED K TOTAL D E: 1,358 50 7 -02.21 ORIGINAL AND GREEN TO PAYOR, YELLOW TO FINANCE, PINK TO ORIGINATOR SOUTH MIAMI ELECTION CHARGES ABSENTEE /SAMPLE BALLOTS: - Typing originals @ $5.00/hour $ 10.00 - 650 AB Set -ups $.010 /each 65.00 PRINTING: - Typing original ballot @ $20.00/hr. 20.00 - Printing ballot pages @ $12.00/hr. 48.00 - 6,000 Printing Ballot cards 336.00 SUPPLIES: - 5 Precincts @ $15.00 /each 15.00 - 24 Votomatics @ $2.00 /each 48.00 - 10 Qualifying packets @ $4.00 /each 40.00 - 2 List of Voters @ $3.50 /each + $15.00 (service charge) 22.00 DELIVERIES: - Tabulation Equipment: (2 hrs. @ $10.00 + 24 ml @ $.25) 26.00 - Precinct Supplies: (4 hrs. @ $10.00 + 52 ml @ $.25) 53.00 - 3 Absentee and Sample Ballots: (6 hrs. @ $10.00 + 72 ml @ $.25) 78.00 TABULATION: - First two punch positions 50.00 TRANSLATION: -0- PERSONNEL COSTS: - 2 Hours Overtime for phones @ $15.00/hour 30.00 - 2 Hours Overtime for warehouse @ $15.00/hour 30.00 - Tabulation 126.00 TELEPHONE INSTALLATION: 134.00 ADMINISTRATIVE CHARGES: - 5 Precincts @ $15.00 /precinct 75.00 POLLWORKER TRAINING: - $62.50 per class plus materials 92.50 TOTAL DUE: $ 1,358.50 JK/aPP r4 City of South Miami Parks & Recreation Department Inter - Office Memorandum TO: Mayor & Conunission FROM: L. Dennis What City Manager ----------------------------------------------------- DATE: June 3,1997 SUBJECT: SU Agenda b da Item Commission Meeting June 10, 1997 Restriping of Palmer Park Parking area The attached resolution seeks approval for the restriping of Palmer Park due to the changes under the ADA Rules and Regulations for handicap motorists. This expenditure is budgeted in the Parks & Recreation budget for 96/97. The monies will come out of account number 2000 -4620, "Repair & Maintenance Services ", for the amount of $1,300.00. I recommend approval. C\W PDOCStiW l 11'PfS'IRPAL NOWARK97 I RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 4 ACCEPT THE BID OF $1,300.00 FROM MIGUEL LOPEZ JR. INC. 5 FOR RESTRIPING THE PARKING LOT OF PALMER PARK BY CHARGING 6 THE DISBURSEMENT FROM ACCOUNT NUMBER 2000 -4620, "REPAIR 7 & MAINTENANCE SERVICES ". 8 WHEREAS, pursuant to the 1996 - 1997 Budget of the City of 9 South Miami, Florida, the City and Parks & Recreation Department, 10 was authorized to restripe Palmer Park under the new ADA Rules and 11 Regulations; and, 12 WHEREAS, pursuant to Article III, Section 5 H, of the City 13 Charter, which requires competitive bids from at least three 14 different sources, the Parks & Recreation Department advertised for 15 bids for restriping services; and, 16 WHEREAS, a result of the bids received Miguel Lopez Jr. Inc., 17 has been awarded the bid of $1,300.00 to restripe Palmer Park. 18 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 19 OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 Section 1. That a purchase order is hereby awarded to 21 Miguel Lopez Jr. Inc., in an amount not to exceed $1,300.00 for 22 restriping Palmer Park to ADA Rules and Regulation standards. 23 Section 2 This resolution shall take effect immediately upon 24 approval. 25 PASSED AND ADOPTED this day of June, 1997. 26 ATTEST: APPROVED: 27 28 CITY CLERK MAYOR 29 READ AND APPROVED AS TO FORM: 30 31 CITY ATTORNEY 3 2 A: \RES.STRIpING.PALMER97 0,.,6+e I Miguel .. STOP PROPOSAL / CONTRACT DADE LIC. cc # E -1353 BROWARD LIC. cc # 96- 1436 -E WORK TO BE PERFORMED AT NAME: Doug Baker NAME: COMPANY: City Of South Miami JOB NAME: PALMER PARK ADDRESS: 6130 Sunset Drive, Miami 33143 JOB ADDRESS: 6100 S.W. 67 AVENUE TELEPHONE #: (305)663- 6319FAX x/:(305)669 -1266 We hereby propose to furnish all labor & materials and equipment to perform the following items of work 1. REMOVE, REPLACE AND HAUL OFF DAMAGE CONCRETE CARSTOPS (20 EA.) 2. PAINT PARKING STRIPES WHITE FRONT AND REAR 3. INSTALL 2 EA. HANDICAP SIGN AND SYMBOL TOTAL $ 1,300.00 PERMIT AND HANDLING FEES ARE NOT INCLUDED ANY ADDITIONAL WORK REQUIRED BY PERMIT WILL BE ADDEDTO CONTRACT PRICE. t WORKMANSHIP & MATERIALS GUARANTEED FOR ONE YEAR. NORMAL WEAR AND TEAR EXCLUDED. WITH PAYMENT TO BE MADE AS FOLLOWS: UPON COMPLETION _ _.__. RESPECTFULLY SUBMITTED: �% l:i Wd L�° �. DATE: 5-23 -97 Pro # 4,303 NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN THIRTY DAYS. ACCEPTANCE OF CONTRACT The above prices, specifications and condition are satisfactory and are hereby accepted. You are authorized to do the work. . as specified. Payment will be made as outlined above. Accepted by Signature Date THE PURCHASER AGREES TO PAY ALL COSTS OF COLLECTION. INCLUDING A REASONABLE ATTORNEY'S FEE IN THE EVENT THIS INVOICE IS PLACED WITH AN ATTORNEY FOR COLLECTION WHETHER A SUIT IS BROUGHT OR NOT. 7711 Northwest 74th Avenue - Medley, Florida 33166 - Tel: (305) 884 -0767 - Fax: (305) 884 -0642 Lic.# E1353 J A(� ThennoPlastic & Signs Incorporated 7780 N.W. 73rd Court • Medley, Florida 33166 (305)885 -9389 (305)888 -3240 Fax: (305)884 -9950 Thamopl"dc SKtpbw / a PROPOSAL U BILLTO DOUG BAKER `BA: 750 -0428 CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FLA. 33143 305 - .663 -6319 Qua N7-0 2 JOB LOCATION PAL.MER PARK 6100 S.W. 67 Avenue TERMS; A FINANCE CHARGE OF 1)i PVR MONTH (ANNUAL RATE OF 18%) WILL BE CHARGED ON BALANCES OV ER 30 DAYS DATE SOLDBY [] CASH CO.D. Q C14ARGES [] MOSR RETD . ITEM # DESCRIPTION QUANTITY PRICE TOTAL 2 HANDICAP SIGN & MARKING 2 50 20 BUMPERS, DISPOSE OLT) 'RUMPERS 117 RESTRIPE PARKING LOT 10i aoo TOTAL 1, 3 51 . tn TOTAi AMOUNT 1 3 5 1 PLEASE PAY FROM THIS INVOICE NO OTHER STATEMENT WILL BE RENDERED BILL DELINQUENT 30 DAYS AFTER RECEIPT DEUNOVENCY ACCRUES 1 A ( MONTHLY) FINANCIAL CHARGES PLUS REASONABLE COLLECTION, ATTORNE`fS AND OTHER FEES AND CHARGES NECESSARYTO COLLECTOVERDUE ACCOUNT. 1 { (�,1va to 3 PROPOSAL 01- 961429 Yard: 1100 N.W. 73rd Street • Mail: P.O. Box 430350 South Miami, Florida 33243 -0350 Dade: (305) 836 -8678 • Broward: (954) 763 -3350 4/11/96 Cfty-of South Miami Palmer Park 663 -6319 6130 Sunset Drive 6100 S.W. 67th Avenue Miami, Florida 33143 Miami, Florida !ATTENTION:. J i tii • -Cowen As per directions to perform the following work: STRIPING: 1.Rest r•ipe -as existing using DOT approved traffic white paint to include: faded lines, lineal footage, handicap symbols in blue, deliver and install 2 handicap signs and posts. * *TO PROVIDE AND FIX 20 CONCRETE CARSTOPS AND HAUL 15 CARSTOPS 'aDD $580.00 YES / NO. I WE PROPOSE to furnish labor and material - complete in accordance with above specifications, and subject to conditions stated herein, for the sum of: ** SEVEN HUNDRED TWENTY DOLLARS 00 CENTS ** WITH PAYMENTS TO BE MADE AS FOLLOWS: NET UPON COMPLETION • Not responsible for any damage to underground utilities. • - t • A Certificate of Insurance will be issued upon request prior to commencement of work. • ACCEPTED: The above prices, specifications and conditions are satisfactory and All material Is guaranteed to be as specified. All work is to be completed In a are hereby accepted. You are authorized to do the work as specified. Payment will workmanlike manner according to standard practices. Any alteration or deviation from be made as outlined above. above specifications involving extra costs, will be executed only upon written orders, ACCEPTANCE OF PROPOSAL contingent will become an extra charge over and above the estimate. All agreements contingent upon strikes. accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance upon above work. Our workers are covered DATE OF ACCEPTANCE by Workmen's Compensation Insurance. ALL•DADE DRIVEWAY MAINTENANCE CO. PRINT NAME SIGNATURE BILL ROBINSON TITLE x A �L�VaoB.t �` PROPOSAL ��91/AY n► � - 01- 961429 Yard: 1100 N.W. 73rd Street • Mail: P.O. Box 430350 C�. South Miami, Florida 33243 -0350 Dade: (305) 836 -8678 • Broward: (954) 763 - 3350. 4/11/96 City of South Miami Palmer Park 663 -6319 6130 Sunset Drive 6100 S.W. 67th Avenue. -', Miami, Florida 33143 Miami, Florida ATTENTION: Jim Cowen As per directions to perform the following work:,. STRIPING: 1. Restripe as existing using DOT approved traffic white pallnt to include: faded lines, lineal footage, handicap symbols -in blue, - deliver and install 2 handicap signs and posts. WE PROPOSE to furnish labor and material - complete in accordance with above specifications, and subject to conditions stated herein, for the sum of: ** SEVEN HUNDRED TWENTY DOLLARS 00 CENTS *" WITH PAYMENTS TO BE MADE AS FOLLOWS: NET UPON COMPLETION • Not responsible for any damage to underground utilities. • • A Certificate of Insurance will be issued upon request prior to commencement of work. • ACCEPTED: The above prices, specifications and conditions are satisfactory and All material Is guaranteed to be as specified. All work is to be completed in a are hereby accepted. You are authorized to do the work as specified. Payment will workmanlike manner accdrdtng to standard practices. Any alteration or deviation from be made as outlined above. above specifications involving extra costs, will be executed only upon written orders. ACCEPTANCE OF PROPOSAL and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance upon above work. our workers are covered DATE OF ACCEPTANCE by Workmen's Compensation Insurance. ALL-DADE DRIVEWAY MAINTENANCE CO. PRINT NAME SIGNATURE - - BILL ROBINSON.- X TITLE rUjKC1iASE ORDER PAGE: P.O. NO.: THE CITY OF SOUTH MIAMI, FLORIDA DATE: 04 (-)9/ FINANCE DEPARTMENT DIVISION OF PURCHASING 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 PHONE 305-663-6339 FAX 305-667-7806 THERMOPLASTIC & SLIGNSY INC„ CITY CF'. SOUTH MIAMI TO: 77BO NW 73 c,r SHIP CENTRAL SERVICES MEDLEY, F*L .33166 6130 SUNSET DR SOUTH MIAMI, ► FL 33143 VENDOR NO. Florida Tax Exemption No. 23-19324-896-54C Federal ID Number 59-6000 -4311 DELIVER BY SHIP VIA F.O.B.'. TERMS. CONFIRM BY CONFIRM TO. REQUISITIONED BY. FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT REQ. NO. REO. DATE J • QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST 'EXTENDED COST 1. 1.00 MA 5ENERAL MAINTENANCE P/W STREET 15, 00.0000 1`_:000.00 PAVING & STRIPING STREET PAVEMENT 3TRIPING 3ESOL.UTION V37-97-10008 PASSED 3-4-97. . BADE COUNTY CONTRACT # .17 PRCJJECT..: ri- It: 610139 TOTAL *7L X7000.00 'HECK APPROVED BY FINANCE DIRECTOR P.O. APPROVAL— FIN .!,IeE,IbEPT. PURCHASING COPY OS150-4 Ftcv. 6-2-62 CITY MANAGER CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: ayor and Commission DATE: June 10, 1997 FROM: L. Dennis Whitt SUBJECT: Agenda Item # City Manager Commission Meeting June 10, 1997 Approval of expenditure for purchase and installation of front end alignment and wheel balancing equipment - Motor Pool Shop The attached resolution seeks approval of a $20,595.00 expenditure to purchase and install a wheel alignment and balancing equipment at the Motor Pool shop. Front end alignment and wheel balancing will be performed in conjunction with the shop's preventive maintenance program. The alignment and balancing equipment will allow the shop to maintain our police fleet and other light and medium weight vehicles properly aligned. This measure enhances safety, as well as prolonging the life of tires. It therefore translates into significant savings, as tire purchases are one of the highest expense categories in fleet maintenance operations. This equipment purchase is included in the current fiscal year budget. Based on the above, I recommend that the expenditure for wheel alignment and balancing equipment be approved by the Mayor and City Commission. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 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 OF $20,595.00 TO AUTOMOTIVE DIAGNOSTICS FOR THE PURCHASE OF A VEHICLE WHEEL ALIGNMENT/ BALANCING RACK AND COMPUTERIZED EQUIPMENT FOR USE BY THE MOTOR POOL DIVISION OF THE PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760 -519 -6430, "MOTOR POOL - EQUIPMENT OPERATING ". 0 WHEREAS, the City does not presently have the equipment to perform vehicle wheel alignment and balancing, and must therefore rely on private vendors to perform this work, and; WHEREAS, periodic wheel balancing and alignment prolongs tire life and reduces the probability of blowouts similar undesired incidents, and; WHEREAS, the ability to perform this typical maintenance routine in -house enhances safety and reduces tire replacement costs, and; WHEREAS, funding for the purchase of the wheel balancing and alignment equipment is included in the current fiscal year's budget. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Public Works has obtained the following quotations from local vendors: Baez Equipment Co., Inc. $33,048.00 Automotive Diagnostics 20,595.00 Automotive Equipment Group, Inc. 20,709.00 Section 2. The City Manager be, and is hereby authorized to disburse the sum of $20,595.00 to Automotive Diagnostics. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of 1997. ATTEST: READ AND APPROVED AS TO FORM City Attorney APPROVED: MAYOR I__._...._......_ 0 TO WISLTIUULUFb UI t%U1,Unw6I... Equipment, Tools, Parts & Supplies 6864 S.W. 8th Street • MIAMI, FLORIDA 33144 PLEASE INDICATE THE ABOVE NUMBER WHEN ORDERING (305) 264.8001 FAX (305) 264.8007 , QUOTATION DATE SALESPERSON CITY OF SOUTH MIAMI 02/07/97 EVILIA 4795 SW 75TH AVE. INQUIRY DATE INQUIRY NUMBER SOUTH MIAMI, FLORIDA, 33155 02/06/97 —0— ATTIC: PEDRO ' PH.: 663 -6350 ESTIMATED SHIPPING DATE SHIPPED VIA F.O.B. 2 TO 3 WEEKS TRUCK I DEST. QUANTITY ' DESCRIPTION 1 1 AFTER CAREFULLY EVALUATING YOUR FACILITY AND NEEDS, WE RECOMMEND THE FOLLOWING SYSTEM: 311 HUNTER COMPUTER ALIGNER WITH 14" S COLOR MONITOR, COMPUTER CON AND KEYBOARD, INFRARED REMC ` CONTROL, BRAKE PEDAL DEPRES ( STEERING WHEEL HOLDER, OKID PRINTER,. REMOTE INDICATOR, ON A MOBILE CART, TURNING A GAUGES, AND (4) DSP250 OPTI SENSORS INCLUDING STORAGE E 209 -82 HUNTER PARALLELOGRAM MULTISERVICE 8000LBS LIFTING CAPACITY WI 2 SWING AIR JACKS (3,50OLBS REAR SLIP PLATES, AIRLINE X WIRING KIT. 220 VOLTS, 1PH, THE LIFT HAS ALL THE SAFETY THAT TECHNOLOGY CAN OFFER: LOCKS ACTIVATE IN CASE OF E PRESSURE LOSS, AUNIQUE HYDE PREVENTS LOWERING IF EITHEE CONTACT AN OBSTRUCTION DURI 24 VOLTS CONTROL PANEL ELIN ASSOCIATED WITH 220 VOLTS C HAND AND ELECTRONIC SYSTEM SHUTS OFF POWER WHEN CONSOI TERMS PRICE TA AMOUNT 11,998 . EACH) T, 60HZ. FIXTUR ES 2 SA DRAULI ULIC DESIdl RUNWAY G OPERATIO1, NATES DANGERS 'RRENT CLOSE AT UTOMATITCALIff IS U rFIFED . i7,400100 1 DSP9002 HUNTER HIGH SPEED WHEEL BALANCER, DIGITAL SIGNAL PROCESSOR, SELF CALIBRATED 220 VOLTS, 20 AMPS, 60HZ WITH A 1BP MOTOR. RIM WIDTH 1 1/2 TO 20 ", DI TER 1" T 24.5 ", MAX TIRE DIAMETER 41 20' CONTINUED _ AND MAXIMUM "TIRE"WEIGHT 150LBS WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER. BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. TK QUOTATION IS SUBJECT TO THE CONDITIONS PRINTED ON REVERSE SIDE. AND IS VALID FOR DAYS. THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE. (CONTINUED) BY ACCEPTED DATE SIGN AND RETURN YELLOW ACCEPTANCE COPY WHEN ORDERING. CJ ,ENT CO., INC. it Automotive Service Tools, Parts & Supplies .,864 S.W. 8th Street MIAMI, FLORIDA 33144 (305) 264 -8001 FAX (305) 264 -8007 CITY OF SOUTH MIAMI ESTIMATED SHIPPING DATE QUANTITY PAGE 2 OF 2 SHIPPED VIA L _ PLEASE INDICATE THE ABOVE NUMBER WHEN ORDERING QUOTATION DATE SALESPERSON 02/07/97 EVILIA INQUIRY DATE INQUIRY NUMBER 02/06/97 . -0— F.O.B. TERMS DESCRIPTION PRICE THE BALANCER HAS ALSO SPLI WEIGHT MODE. BALANCING SPEED 330 RPM, AVERAGE CYC E TIME IS 5 SECONDS. VERY ACCURATE AND EASY TO OPERA E NOTE: INSTALLATION AND TRAINING PROVIDED BY HUNTER SE TECH AT NO COST. INSTALLATION DOES NOT INCLUDE ANY ELECTRIC OR AIR LINES AND OR HOOK —UP. A CE IS ALSO TO BE PROVIDED BY CUSTOMER SEE HUNTER WARRANTY POLICE ATTACHED. CE AMOUNT 3, 650 ji )0 WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER. BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTIOt HIS QUOTATION IS SUBJECT TO THE CONDITIONS PRINTED ON REVERSE SIDE. AND IS VALID FOR DAYS, THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE. I /BY ACCEPTED OATF AUTOMOTIVE EQUIPMENT GROUP, INC. 1 8524 NW 67TH A VE #168 MIAMI, FL 33015 To: City of South Miami 1- V5 20M FMC Alignment Machine $10,599.00 2- 85653 Printer Pkg $ 480.00 3- 7000 lb Floor mount lift , __.$_.6763.5,00 4- Brake Lathe 66 performance $ 5,700.00 5- 2550 Wheel Balancer9�: Total $26,409.00 IkI* AUTOMOTIVE DIAGNOSTICS A divlaion ojSPX Corporation FACTORY SALES ORDER FORM Order Date: 6 V-97 SELLEX: AUTOMOTIVE DIAGNOSTICS, SPX CORPORATION 8001 ANGLING ROAD, KALAMAZOO, MICHIGAN 49002 CUSTOMER: C 17—Lt 0 I= sO a 91, /Prvl / BILL T0: Address City/State Zip Code Telephone Courtly'•• Credit Card TERMS Expiration Date OFSALE ❑ CWD ❑ Net 30 days ❑ Lease (Cretin Appb -- P KWred) ❑ Other PRODUCTION CODE C1 New Other ❑ Purchase Order No: OnrW P.O. at Copy PAquimd Address City/SEW Zip Code Telephone SHIP TO: Address City/Stale Zip Code Telephone SHIPPING ❑ Deliver product from field stock pro Code INFORMATION -Sepal numbers required Lead ❑ Ship product Source QTY MODEL NUMBERS *SERIAL NUMBERS -D D DESCRIPTION ) Cr✓ '?_ GX l `✓ T /�'r C P74 P ye L TOTAL, AMOUNT C) -t o � c� �� 1 �oc� a owr Niut �.1 L� 5t-Y��,�n� CArxt•: CLvt7u rwv -I- sC u 2 S., MLwLt c 0" \TS y— �IYY'"�_.t l CA4,�;LC LT IF .T,t,rutt 1 3 112'wA, -,, V�h �F•T i &;CL 2'i 7— TJ .E r� � t• I�AOtu': C,•.�Gc� ScT J t�,trLS: t1� TifC�. .in) PACT �1 it.. t� 17' I i �d�t'�'l 01�1c.L1Jc'LI�•�: �1 X- CO w'1�Q1:�11.�'i��,i� � 1'S �`� STUDENTS TO ATTEND CLASS: 3 -S Z SUB TOTAL G- TAX EXEMPT NUMBER * **%TAX OfAppbc") (71x Exempt D—nent or Copy 1a9mtO 76001 TOTAL ESTIMATED TRAINING DATE: LESS DOWN PYMT. (CK# ) BALANCE DUE The undersigned agrees to all of the terms and conditions above and on the reverse side hereo& which are made a part of this form. Automotive Diagnostics RcpAmtative Number, date and Signature Authorized Purchaser (Print Name) District Manager Approval and Date Authorized Purchaser (Signature and Date) White: Sales Yellow: TSM Pink: Customer A95 -155 7 AUTOMOTIVE DIAGNOSTICS A division of SPX Corporation FACTORY SALES ORDER FORM SELLER AUTOMOTIVE DIAGNOSTICS, SPX CORPORATION Order Dale. 7 8001 ANGLING ROAD, KALAMAZOO, MICHIGAN 49002 CUSTOjIIER T' Q F So �rrrr i �4-m l City/State Zip Code Telephone County$•• Credit Card TERMS Expiration Date OF SALE Q CWD O Net 30 days Q Lease (CM M nppb -b- RAgtumd) Q Other PRODUCTION CODE [ZI New Other Purchase Order No: onvad P.O. or Copy RoquWW BILL TO. Address City/State Zip Code Telephone SHIPTO.• Address City/State Zip Code Telephone SHIPPING [] Deliver product from field stock pro Colo INFORMATION •Serial numbers required Lead 13 Ship product Souroa QTY MODEL NUMBERS •SERIALNUMBERS DESCRIPTION TOTAL AMOUNT C 41-S +✓ C_ t3 c:-tz- v STUDENTS TO ATTEND CLASS: SUB TOTAL ZC� 7S TAX EXEMPT NUMBER eeee.I. QfAppbc") g-D- WDo-- A « Copy Reyui TOTAL ESTIMATED TRAINING DATE: LESS DOWN PYMT. (CK# ) BALANCE DUE Automotive Diagnostics Representative Number, Date and Signature District Manager Approval and Date White: Sales Yellow: TSM The undersigned agrees to all of the term and conditions above and on the reverse side hereo& which are made a part of this form Authorized Purchaser (Print Name) Authorized Purchaser (Signature and Date) Pink: CUSS M A95 -155 • Alignment Levelling a 18 different positions • Dual safety systems, single point release air operated locks at each post and mechanical back up safety locks • 9/16" diameter pre - stretched cables • 8" cast iron pulleys • Factory built -In air kit operates optional air- operated Jacking beams and your shop tools. • Full floating rear steer plate for rear camber & toe • Front radius plate • All of Bear products are built to assure the ultimate in safety and quality. (A copy of the ANSI B1531 standard is available upon request) yl ., IN f r, ,j,• Q — , a'-a'xlr 2 &6 -AT " 9 Qd i 1S �ti c:r wetter „< �;• required g e .. t• p pflllIDq � - , 8 8 01 8t p !�' •tfy(itt } 1I��.1 .s l 1C• n ,Y } . r ElunQf�s�l7mm a '7' > ' ' uses au dible & viaualrpromts�' �' +. „fs!tx cf of geiitABS eprat�scastert to tiel °� o` erato� erform" ., ,, .u5, >� P P p qr f .ra�c easu 'into automatic olectronfc riinout'<' �� w ' �' 'r��4 T K art uyy trt (%►�� y� s °te designed '� f7n•'+�''� �s FJ•a ieSt t.[ `L�.•. '�t Ill F�' �t GPM r.� s, compensation program s K r �rti from }work7'area. Fi Uir681on +a:eingle� �,*;tolrtcrease;speed &,axur "at heel" for fast, ccurate .��:ay.�;,,1�- �ackleaditoftull furictfon;' "�R►t'wheel 1niUatfon,ceducQB - ..,, - •r .rt+ t<.tr+il�v. }n,n ',$',.^� w.rtln- JiSYrr.f� '.a" J gl•,aar. rator6ffort,& fa ue 4Y' results.. Status lights 1ndiCate ,,; , , ,r. w +� rk , ' . w ' x �6, M�.MF Z 1r -'�'' # rim clamp position . , w. •,r�r r , .+ 3 ,.�v, , j '� 1{ LN ; :fY_.7tYs�,/5.�`I�^4iWy r..�nGfiath = 1 }ets� , .,.ma$ r��' ^'.g4i�f•F `,�.C:1 ! :,'f..,. L X �Y.4'� .. I . :e 1 W- 1N• ?'sv7 t'•' 74 7+ 7 V,�c)n.4 +.i ♦ / Yi .[S i�4 - k"sN'F -. •YY� Advancetj QCQTechnoloav enables wheel units to handle widest tiros as well as lowest air dams of ground effects vehicles. Accommodates all makes and styles of passenger cars & light trucks with rim diameters from 12" to 19.S." I"A allows operator to use single keystrokes to select alignment, comprehensive inspection routine, or combination of all tests via operator - programmable test sequence. VGA graphics minimize fatigue; reduce technician error. e..- b2yr,z•�•s: rs' r •, T w•/�a '•�. Rugged Wheel have Individual power supply, microprocessor, and function keys permitting complete "at- wheel" operation to eliminate wasted motion between vehicle & console. Feature convenient quick - release connectors. c/ j City of South Miami Parks & Recreation Department Inter - Office Memorandum ------------------------------------------------------------------------------------------------------------------- TO: Mayor & Commission DATE: June 5, 1997 FROM: L. Dennis Whitt SUBJECT: Agenda Item N City Manager Commission Meeting June 10, 1997 Meals for the Elderly - '%•- l.'.�C�/ ,��/ Renewal Agreement The attached resolution seeks approval for an agreement with Metro Dade County for the Meals for the Elderly Program. This program provides over 22,000 meals annually which the Senior Center receives. The Senior Center also receives over 30 meals for homebound clients which our staff delivers. This program has been a tremendous benefit to the residents of South Miami and I recommend that we renew this agreement with Metro Dade County. CAWPDOCSUneals.wl itW I 2 RESOLUTION NO. 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 EXECUTE AN AGREEMENT TO CONTINUE THE CITY'S PARTICIPATION 6 IN THE MEALS FOR THE ELDERLY PROGRAM. 7 WHEREAS, the City of South Miami participates with Dade County 8 in the Community Action Agency' s Meals for the Elderly Program; and 9 WHEREAS, in order to continue participating in this program, 10 the City Administration must execute a renewal agreement. 11 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 12 OF THE CITY OF SOUTH MIAMI, FLORIDA: 13 Section 1. That the City Manager is hereby authorized to 14 execute the Renewal of Agreement attached hereto as "Exhibit 11, to 15 continue the City's participation in the Meals for the Elderly 16 Program. 17 Section 2. This resolution shall take effect immediately 18 upon approval. 19 PASSED AND ADOPTED this day of June, 1997. 20 ATTEST: 21 22 23 24 25 26 APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY a: \res.mealsdade97 Z AGREEMENT This Agreement, made this 1 st day of January, 1997, by and between Metropolitan Dade County, a political subdivision of the State of Florida (herein after referred to as "COUNTY "), through its Community Action Agency (herein after referred to as 'CAA" ), 395 NW First Street, Miami, Florida 33128, and the City of South Miami, a political subdivision of the State of Florida, (herein after referred to as "SOUTH MIAMI ") 6130 Sunset Drive, South Miami, Florida 33143, states conditions and covenants pursuant to which SOUTH MIAMI shall continue participating in CAA's Meals for the Elderly Program (herein after referred to as "PROGRAM "). WHEREAS, Resolution No. 1405 -96 authorized the County Manager to receive, expend and subcontract for Older Americans Act, Title III -C grant funds of the Older Americans Act received through the Alliance for Aging for Dade and Monroe counties, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM; and WHEREAS, SOUTH MIAMI desires to continue participating in CAA's Meals for the Elderly PROGRAM, and the COUNTY desires to continue providing meals at the SOUTH MIAMI's facility, located at 6701 SW 62 Avenue, to PROGRAM participants. NOW THEREFORE, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: 1.1 SOUTH MIAMI agrees: a. To make available to the participants of CAA Meals for the Elderly PROGRAM the dining room, kitchen and restrooms of the facility, Monday through Friday, except holidays, from 8:30 a.m, until 2:00 p.m. b. To provide maintenance services daily, and on an as needed basis. C. To provide tables, chairs and other furnishings as required for the operation of the PROGRAM in the South Miami site. d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection e. To pay rental costs to Dade County's Department of Housing and Urban Development (HUD) f. To provide items pertinent to the preparing, cleaning and serving of meals. Such items shall include but not be limited to: garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers. g. To provide for at least one staff person to conduct food service and noon -food service activities -for PROGRAM participants. Such activities shall include, but not agreement: mfesoumia:tj PAGE 1 of 9 be limited to nutrition, education, outreach, crafts, music, discussion groups, exercise, etc., as well as materials for operation of these specified activities. h. To provide all services and items specified in Section 1.1 of this Agreement at no cost to the COUNTY, CAA or the PROGRAM. - 1.2 The COUNTY agrees: a. To provide and make payment directly to the vendor the cost for one noon -time meal, per person, per day, to sixty -five (65) participants of the SOUTH MIAMI meals for the elderly program, Monday through Friday, except holidays during the term of this Agreement. b. CAA will provide assistance in obtaining staff from local schools and colleges to provide PROGRAM participants with non -food service activities such activities shall include but not be limited to: crafts, nutrition, education, exercise, music, discussion groups. 1.3 The COUNTY and SOUTH MIAMI both agree: a. Notices. It is understood and agreed between the parties that written notice addressed to CAA and mailed or delivered to the address appearing on page one (1) of the Agreement and written notice addressed to SOUTH MIAMI and mailed or delivered to the address appearing on page one (1) of this Agreement shall constitute sufficient notice to either party. b. Termination By Either Party. Both parties agree that this Agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to the effective date of such termination. The County Manager is authorized to terminate this Agreement on the behalf of the County. C. Effective Term. Both parties agree that the effective term of this agreement shall be from January 1, 1997 to December 31, 1997. d. Indemnification by SOUTH MIAMI. SOUTH MIAMI shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by SOUTH MIAMI or its employees, agents, servants, partners principals or subcontractors. SOUTH MIAMI shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate agreement: mfesoumia:tj PAGE 2 of 9 proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however; this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statues, subject to the provisions of that Statue whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by SOUTH MIAMI arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of SOUTH MIAMI. e. Civil RiL-hts. SOUTH MIAMI agrees to abide by Chapter 11A, Article IV of the Code of Metropolitan Dade County ( "County Code "), as amended, which prohibits discrimination in employment Title VII of the Civil Rights Act of 1968, as amended, which ' prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation 'Act of 1973, 29 U.S.C., 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C., 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Agreement. It is further understood that the Contractor must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. 1612, and the Fair Housing Act, 42 U.S.C. 3601 et seq. If SOUTH MIAMI or any owner, subsidiary, or other firm affiliated with or related to SOUTH MIAMI, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with SOUTH MIAMI. Any contract entered into based upon a false affidavit shall be voidable by the County. If SOUTH MIAMI violates any of the Acts during the term of any contract SOUTH MIAMI has with the County, such contract shall be voidable by the County, even if SOUTH MIAMI was not in violation at the time it submitted its affidavit. f. Sub - Contracts. The parties agree that no assignment or sub - contract will be made or let in connection with this Agreement without the prior written approval of CAA, which shall not be unreasonably withheld, and that all such sub - contractors or assignees shall be governed by the terms and intent of this Agreement. g. Conflict of Interest. SOUTH MIAMI agrees to abide by and be governed by Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et aI. of the Code of Metropolitan Dade County), as amended, agreement: mfesoumia:tj PAGE 3 of 9 q which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. h. Insurance. SOUTH MIAMI shall furnish Metropolitan Dade County, C/O Risk Management Division, 111 NW First Street, Suite 2340, Miami, Florida 331281928, Certificate(s) of Insurance indicating that insurance coverage has been obtained which meets the requirements as outlined below: (I.) Worker's Compensation Insurance for all employees of SOUTH MIAMI as required by Florida Statute 440. (2.) Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Dade County must be shown as an additional insured with respect to this coverage. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the services or operations described in Section 1.1 of this Agreement. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualification: The company must be rated no less than "B" as the management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida ", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates of Insurance shall indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. SOUTH MIAMI shall notify the County of any intended changes in insurance coverage, including but not limited to any renewals of existing insurance policies. Upon review of SOUTH MIAMI's services by the County's Risk Management Division, the County may increase, decrease waive or modify any of the above insurance requirements. Any request by agreement: mfesoumi a: tj PAGE 4 of 9 _.. , SOUTH MIAMI to decrease, waive or modify any of the above insurance requirements must be approved in writing by the County's Risk Management Division. i. Autonomy. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that SOUTH MIAMI is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, SOUTH MIAMI's agents and employees are not agents or employees of the County. j. Breach. A breach by SOUTH MIAMI shall have occurred under this Agreement if: (1) SOUTH MIAMI fails to provide the services outlined in Section 1.1 within the effective term of this Agreement; (2) SOUTH MIAMI ineffectively or improperly uses the County funds allocated under this Agreement; (3) SOUTH MIAMI does not furnish the Certificates of Insurance required by this Agreement or as determined by the County's Risk Management Division; (4) SOUTH MIAMI does not furnish proof of licensor and certification required by this Agreement; (5) SOUTH MIAMI fails to submit, or submits incorrect or incomplete, proof of expenditures to support disbursement requests or advance funding disbursements or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (6) SOUTH MIAMI does not submit or submits incomplete or incorrect required reports; (7) SOUTH MIAMI refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review SOUTH MIAMI's program; (8) SOUTH MIAMI discriminates under any of the laws outlined in Section 1.3 (e) of this Agreement; (9) SOUTH MIAMI falsifies or violates the provisions of the Drug Free Workplace Affidavit; (10) SOUTH MIAMI attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; (11) SOUTH MIAMI fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (12) SOUTH MIAMI fails or refuses to return all items of capital improvement in the same condition as received at the beginning of the Agreement except ordinary wear and tear; or (13) SOUTH MIAMI fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Agreement. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. k. County Remedies. If SOUTH MIAMI breaches this Agreement, the County may pursue any or all of the following remedies: (1.) The County may terminate this Agreement by giving written notice to SOUTH MIAMI of such termination and specifying the effective date thereof at least five (5) days before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished PAGE 5 of 9 agrcemcnt:mfcst►umiaaj g or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by SOUTH MIAMI with County funds under this Agreement; (b) seek reimbursement of County funds allocated to SOUTH MIAMI under this Agreement; (c) terminate or cancel any other contracts entered into between the County and SOUTH MIAMI. SOUTH MIAMI shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees. (2.) The County may suspend payment in whole or in part under this Agreement by providing written notice to SOUTH MIAMI of such suspension and specifying the effective date thereof, at est five (5) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by SOUTH MIAMI as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and SOUTH MIAMI. SOUTH MIAMI shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees. (3.) The County may seek enforcement of this Agreement including but not limited to filing an action with a court of appropriate jurisdiction. SOUTH MIAMI shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees. (4.) The County may debar SOUTH MIAMI from future County contracting. (5.) If, for any reason, SOUTH MIAMI should attempt to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Agreement by giving written notice to SOUTH MIAMI of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or entity has with the County. SOUTH MIAMI shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be debarred from County contracting for up to five (5) years. Renewal. This Agreement may be renewed for additional one -year periods, subject to approval by the County, the Department and SOUTH MIAMI. agreement:mfesoumia:tj PAGE 6 of 9 M. Totalitv of Agreement /Severability of Provisions. This 8 page Agreement with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A - Metro Dade County Affidavits Attachment B - State Public Entities Crime Affidavit No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any . provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. agreement mfesoumia:tj PAGE 7 of 9 y IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first written above. (SEAL) City of South Miami By: By: (Signature of City Manager) (Signature of City Clerk) Type of Print Name Type of Print Name HARVEY RUVIN, CLERK METROPOLITAN DADE COUNTY, FLORIDA By: By: Deputy Clerk Armando Vidal, P.E, County Manager agreement: mfesoumia:tj PAGE 8 of 9 ti EXHIBIT A Meals for Elderly Programs Methodist Community Center Budget Summary January 1, 1997 through December 31, 1997 FOOD COST: Reimbursement for meal cost: 120 meals per day x 261 days x $2.25 per meal = $70,470.00 agreement:mfesoumia:tj PAGE 9 of 9 1 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: yor and Commission DATE: June 10, 1997 FROM: L. Dennis Whitt SUBJECT: Agenda Item # 10. City Manager Commission Meeting June 10, 1997 Approval of expenditure for purchase and installation of partitions in City Hall public restrooms Approval is sought via resolution of a $2,686.00 expenditure to purchase and install restroom partitions in all City Hall public restroom facilities (excluding the new facilities for the disabled). This contracted work will be performed in conjunction with other much needed improvements to be completed by in -house staff. These include painting and the replacement of light and restroom fixtures. Due to the varied dimension of restroom interiors, partitions for these facilities are essentially a "custom made" item. Vendors almost invariably require that their own personnel measure the restroom dimensions. Unfortunately, only one interested vendor was identified in Dade County. None of the companies contacted outside the County was willing to invest the time to measure and inspect the facility with little guarantee of being awarded the relatively small project (seven partitions). This situation resulted in only one quotation being obtained for the job. It should be pointed out that the Philadelphia based firm which furnished partitions for City park restrooms a couple of years ago charged more than the present vendor for a similar product. Furthermore, the firm shipped the partitions and did not provide installation. Funding for this work and the other improvements is available in the current fiscal year's budget. Additional work, such as floor tile replacement, has been included in the budget for next fiscal year. Based on the unsightly appearance of these facilities, I recommend that the expenditure for new partitions be approved by the Mayor and City Commission. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 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 OF $2,686.00 TO AMPCO PRODUCTS, INC. FOR THE PURCHASE AND INSTALLATION OF RESTROOM PARTITIONS IN ALL CITY HALL PUBLIC RESTROOMS AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1710 - 5194670, "BUILDING MAINTENANCE - REPAIR AND MAINTENANCE OF GROUNDS AND STRUCTURES ". WHEREAS, the appearance of City Hall public restrooms needs to be improved in all respects, and; WHEREAS, of all the interior hardware found in these restrooms, the partitions are one of the most important in terms of the facilities' appearance and functionality, and; WHEREAS, the manufacture and installation of quality restroom partitions is a custom oriented and relatively specialized industry, and; WHEREAS, Public Works has identified an experienced vendor in Dade County specializing in the manufacture and installation of laminated partitions, and; WHEREAS, funding for the purchase and installation of partitions as well as other facility improvements is available in the current Public Works budget. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Public Works has obtained the following quotation for purchase and installation from the only local vendor the Department was able to identify: Ampco Products, Inc. $2,686.00* *Vendors contacted outside Dade and Broward Counties were reluctant to submit quotations due to the travel time required for facility measurement and inspection. The Philadelphia based vendor who furnished partitions for park restrooms several years ago charged as much as Ampco for a similar product, but did not include installation. Section 2. The City Manager be, and is hereby authorized to disburse the sum of $2,686.00 to Ampco Products, Inc. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of 1997. /fl 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ATTEST: READ AND APPROVED AS TO FORM City Attorney APPROVED: MAYOR to Thank you for your interest in our product. Please contact Rita Germann at 305.821.5700 x 301 for more information. Telephone 305.821.5700 Telefax 305.688.5160 E -Mail opolocka @ampco.com Internet http: / /www.ampco.com 4840 NW 128. Street Road Opa Locka, Florida 33054 -5133 Ampco Products, Inc. Manufacturers of Restroom Compartments, Door /Frame Systems and Cabinetry. Manufacturing plants in Florida, Texas and Washington. /'o AMPCO PROPOSAL / CONTRACT Quotation No.: 4333514 Prepared for: 280000 MISC Attn: RUDY > 305 261 3761 0400%� AMPCO PRODUCTS, INC. 4840 NW 128th STREET RD OPA LOCKA FL 33054 Telephone: 305 -821 -5700 Ext. 301 Telefax: 305- 688 -5160 Job: 6130 SW 72ND ST MIAMI FL - - - - - 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Customer Ref. I Job Name IRep.1 Terms I Date (CITY OF SOUTH MIAMI 1 11 SPENDING APPROVAL 105/06/97 -------------------------------------------------------------------------------- Line Quantity Description Price Amount -------------------------------------------------------------------------------- 1 AMPCO HIGH - PRESSURE LAMINATE COMPARTMENTS 2 COLOR SELECTED FROM AMPCO'S STANDARD CHART 3 MATERIAL UNCARTONED,DELIVERED,AND INSTALLED 4 5 OVERHEAD BRACED COMPARTMENTS 6 7 * * * * * * x * * * x * * * x x x * x * x x x 8 * THE FOLLOWING ARE AMPCO STANDARD MATERIALS* 9 x** x x x x x x x x x x* x x x*** x x x 10 * PARTICLE BOARD CORE MATERIAL 11 x NOMINAL 1" THICK DOORS & PANELS 12 x 1 -1/4" THICK STILES 13 * CHROME PLATED "ZAMAC" HARDWARE THROUGHOUT 14 x x x x x x x x x x x x x x x x * x x x x x 15 16 APPROX SHIP DATE 4 -6 WKS FROM APPROVAL DWGS, 17 COLOR SELECTION & FINAL DIMENSIONS. 18 40 41 42 43 44 45 48 49 50 COLOR: ASC AMPCO STD COLOR 2 743- BWABO62 51 -62" BETWEEN WALL ALCOVE -SB 1 743 -CB2 2 CORNER COMP'T - SB 1 743 -CB3 3 CORNER COMP'T - SB 7 049 -00 INSTALL 0/B COMPARTMENT THIS QUOTE SUBJECT TO: FINAL LAYOUT AND DIMENSIONS document Page 1, «� 1 - :6 07- MAY -97 09:20 Quotation No.: 4333514 -------------------------------------------------------------------------------- Line Quantity Description Price Amount -------------------------------------------------------------------------------- 51 PRICE IS FIRM FOR 45 DAYS 52 53 NO TAX ADDED .... NEED TAX NUMBER RITA CERMANN ----------------------------------- Prepared by ----------------------------------- Accepted for AMPCO PRODUCTS, INC. by TOTAL: 2263.00 ----------------------------------- Accepted for buyer by ----------------------------------- Buyer's name Company Date Last page, 2 pages in total 'U-7-MAY-97 09:19 AMPCO PROPOSAL / CONTRACT Quotation No.: 4333515 Prepared for: 260000 MISC Attn: RUDY I` MPCO AMPCO PRODUCTS, INC. 4840 NW 128th STREET RD OPA LOCKA FL 33054 Telephone: 305 - 821 -5700 Ext. 301 Telefax: 305- 688 -5160 Job: 6130 SW 72ND ST MIAMI FL -------------------------------------- 7 ---------------------------------- -------- Customer Ref. Job Name lRep.1 Terms Date CITY OF SOUTH MIAMI 11 SPENDING APPROVAL 105/06/97 -------------------------------------------------------------------------------- Line Quantity Description Price Amount -------------------------------------------------------------------------------- 1 AMPCO HIGH - PRESSURE LAMINATE COMPARTMENTS 2 COLOR SELECTED FROM AMPCO'S STANDARD CHART 3 MATERIAL UNCARTONED,DELIVERED,AND INSTALLED 4 5 OVERHEAD BRACED COMPARTMENTS 6 B * THE FOLLOWING ARE AMPCO STANDARD MATERIALS* 10 * PLYWOOD CORE MATERIAL 11 * NOMINAL 1" THICK DOORS & PANELS 12 * 1 -1 14" THICK STILES 13 * CHROME PLATED "ZAMAC" HARDWARE THROUGHOUT 14 x ** x* x* x x x x x x x x x x x x x x x x 15 16 APPROX SHIP DATE 4 -6 WKS FROM APPROVAL DWGS, 17 COLOR SELECTION & FINAL DIMENSIONS. in 40 41 42 43 44 45 48 49 50 COLOR: ASC AMPCO STD COLOR 2 743- BWABO62Y 51 -62" B/W ALCOVE - SB (PLY) 1 743 -CB2Y 2 CORNER COMP'T - SB (PLY) 1 743 -CB3Y 3 CORNER COMP'T - SB (PLY) 7 049-OH INSTALL 0/B COMPARTMENT THIS QUOTE SUBJECT TO: FINAL LAYOUT AND DIMENSIONS Page 1, document continues ... /6 07- MAY-9.7 09:19 Quotation No.: 4333515 -------------------------------------------------------------------------------- Line Quantity Description Price Amount -------------------------------------------------------------------------------- 51 PRICE IS FIRM FOR 45 DAYS 52 53 NO TAX ADDED .... NEED TAX NUMBER RITA CERMANN ----------------------------------- Prepared by ----------------------------------- Accepted for AMPCO PRODUCTS, INC. by TOTAL: 2666.00 ----------------------------------- Accepted for buyer by ----------------------------------- Buyer's name Company Date Last page, 2 pages in total To: Mayor and Commission From: L. Dennis Whrtt City Manager Date: June 6, 1997 Agenda Item # Subject: Commission Meeting 6/10/97 Maintenance Contract This resolution authorizes the City Manager to renew maintenance agreement contract with AMI Computer Services for the Finance Department's Burroughs computer system. The cost shall not exceed $5,500.00 for one year of service. This disbursement will be paid from account # 001 -1410- 513.4620, "Maintenance - Operating Equipment." I recommend approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW THE ANNUAL AGREEMENT WITH AMI COMPUTER SERVICES, FOR THE MAINTENANCE OF THE FINANCE DEPARTMENT'S BURROUGHS COMPUTER SYSTEM AND APPROVING THE DISBURSEMENT IN THE AMOUNT, NOT TO EXCEED, $5,500.00 FOR THE SERVICE TO BE CHARGED TO ACCOUNT NUMBER 001 - 1410 - 513.4620, TITLED, "MAINTENANCE - OPERATING EQUPMENT ". WHEREAS, the maintenance agreement on the Burroughs Computer hardware used by the Finance Department is made available by AMI Computer Services, the only company known to offer this service to an equipment discontinued by the manufacturer, and WHEREAS, the City Administration wishes to extend the maintenance agreement for another year, providing the amount does not exceed $5,500.00, last year's fee. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF SOUTH MIAMI, FLORIDA. THAT: Section 1. The City Manager is authorized to sign a one -year renewal agreement with AMI Computer Services for the maintenance of Finance Department's Burroughs Computer hardware. Section 2. The disbursement for this service be charged to account number 001 -1410- 513.4620, titled, "Maintenance Operating Equipment ". PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of June 1997. APPROVED: ANNA M. PRICE MAYOR To: ;M&ayand Commission From: L. Dennis Whitt �1 City Manager Date: June 6, 1997 Agenda Item #7 Subject: Commission Meeting 6/10/97 Maintenance Contract This resolution authorizes the City Manager to renew maintenance agreement contract with AMI Computer Services for the City owned PC equipment. The cost shall not exceed $4,545.00 for one year of service. This disbursement will be paid from account # 001- 2100 - 519.4635, "Non- Departmental- Maintenance PC Equipment." I recommend approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW THE MAINTENANCE AGREEMENT OF CITY OWNED PC EQUIPMENT WITH AMI COMPUTER SERVICES FOR A PERIOD OF ONE YEAR AND APPROVING THE DISBURSEMENT IN THE AMOUNT, NOT TO EXCEED, $4,545.00 FOR THE SERVICE TO BE CHARGED TO ACCOUNT NUMBER 001 - 2100 - 519.4635, TITLED, "NON DEPARTMENTAL - MAINTENANCE PC EQUPMENT". WHEREAS, after following the City's competitive bid procedure, last year the City Commission authorized the City Administration to enter into a one year agreement with AMI Computer Services for the maintenance of all City owned PC equipment; and WHEREAS, after one year of service the City Administration wishes to extend the maintenance agreement for another year, providing the amount does not exceed last year's fee in the amount of $4,545.00. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF SOUTH MIAMI, FLORIDA. THAT: Section 1. The City Manager is authorized to sign a one -year renewal agreement with AMI Computer Services for the maintenance of all City -owned PC equipment. Section 2. The disbursement for this service be charged to account number 001 -2100- 519.4635, titled, "Non- Departmental- Maintenance PC Equipment ". PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of June 1997. APPROVED: ANNA M. PRICE MAYOR /z CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission FROM: L. Dennis Whitt City Manager DATE: June 10, 1997 RE: Agenda Item # ' Commission Meeting, June 10, 1997 - Approval of purchase /installation of water tank (irrigation) on truck bed The attached resolution seeks approval for a $19,195.00 expenditure to purchase and install a water tank with spray nozzle /gauge attachments on an already owned heavy duty truck for the purposes of providing city wide landscape irrigation. While permanent irrigation systems tend to be cost effective in the long run, an irrigation vehicle such as those used on medians and other public landscaped areas provide added flexibility. More importantly, the cost to set up the irrigation truck will be a fraction of the capital outlay required for irrigation system installations at street medians and other locations. The cost to set up the irrigation truck is quite reasonable since the tank hardware will be mounted on a 1990 Ford truck formerly used as a trash crane. Most of the crane mechanism, which had a history of mechanical problems, was dismounted from the truck and used for spare parts in another crane. However, the vehicle itself is in good mechanical condition. The weight class and frame design of the truck bed can accommodate a 2,000 gallon water tank along with the attachments necessary for landscape irrigation. The flexibility of the irrigation truck is obvious when projects like new tree plantings, such as the recent Dorn Avenue tree replacements, are considered. In addition, small landscaped areas (such as Sunset Drive /57`x' Avenue and Fuchs Park "City Welcome" sign) which have high aesthetic value can be irrigated with the truck. These small areas usually lack underground irrigation, and must be watered by using a garden hose and a nearby water source, if one exists. The irrigation truck will be mainly used on the Sunset Drive and US 1 medians, particularly during the "dry" season. The appearance of these highly visible areas can be improved greatly with some landscape improvements and irrigation on a regular basis. \continued... MAYOR AND COMMISSION PAGE TWO JUNE 10, 1997 Another important benefit of the truck is its potential use as a mobile water source in the event that water service is unavailable during severe storms or hurricanes. The large capacity of the truck would allow for the provision of water for mechanical equipment, cleaning and sanitary purposes. In soliciting price quotes, only two local vendor were identified. Other companies located outside Dade and Broward are not practical, as these require that the truck be taken to their shop to provide a cost estimate. The labor cost involved in driving to and from these locations without any guarantee that the vendor would offer the lowest cost made obtaining additional quotes impractical. Funding for this expenditure is available in this year's Landscaping Division budget. The estimated 10 to 12 weekly manhours required to operate this equipment will be fully addressed through additional staffing requested in next fiscal year's budget. Prior to that time, the workload (which is less demanding during the rainy summer months) will be absorbed by the present staff. Public Works' need to provide landscape irrigation on a city wide basis can be largely addressed through the creative solution proposed. Moreover, the cost of setting up this equipment is reasonable in comparison with other alternatives, including the purchase of a new irrigation vehicle. Therefore, I recommend that this expenditure be approved. Attachments i3 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, s FLORIDA, AUTHORIZING THE CITY MANAGER TO 6 DISBURSE THE SUM OF $19,195.00 TO AMERICAN 7 TRUCK CRANE, INC. FOR THE PURCHASE AND s INSTALLATION OF A 2,000 GALLON WATER 9 TANK/SPRAY NOZZLE ON A PUBLIC WORKS 10 TRUCK FOR CITY WIDE LANDSCAPE IRRIGATION 11 PURPOSES AND CHARGING THE DISBURSEMENT 12 TO ACCOUNT NUMBER 1750 -519 -6430, 13 "LANDSCAPING DIVISION - EQUIPMENT 14 OPERATING ". 15 16 WHEREAS, the City of South Miami encompasses a substantial amount of 17 green areas with various types of landscaping, and; 18 19 WHEREAS, the vast majority of these landscaped areas do not have 20 permanent irrigation systems, and; 21 22 WHEREAS, the cost associated with installation of irrigation systems on a 23 city wide basis is prohibitive, and; 24 25 WHEREAS, one irrigation alternative is the use of an irrigation truck, which 26 by virtue of its mobility affords the flexibility of irrigating newly planted trees and 27 even small green areas where permanent irrigation hardware is not usually installed, 28 and; 29 30 WHEREAS, the availability of a heavy duty truck formerly used as a trash 31 crane makes the mechanical set up of an irrigation truck feasible at a reasonable 32 Cost. 33 34 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 Section 1. The Public Works Department sought competitive price 38 quotations only from Dade and Broward vendors due to the travel time and 39 distance involved in taking the truck to the vendor, and obtained the 40 following quotes: 41 42 American Truck Crane, Inc. $19,195.00 43 Palmetto Trick and Parts Sales, Inc. $24,145.00 13 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 2. The City Manager be, and is hereby authorized to disburse the suln of $19,195.00 to American Truck Crane, Inc. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: City Attorney day of 1997. APPROVED: MAYOR 0 AMERICAN' TRUCK CRANE, INC. 9630 NW South River Drive MEDLEY, FLORIDA 33166 PH: (305) 887.7170 FAX. (305) 887 -6303 TO-' CITY OF SOUTH, MIAMI.- ' 4795' S. W..'75TH AVENUE MIAMI; FL. 33143 - �'ATTH: ' MR:`'PEDRO�-GONZAI:EZ:. . �?Fi =• ;� ' 663 - 6335` %PAX:��2�T: =37.91 COD m (m Tz��71 0 U) m 1351 PLEA6E j=CATE THE ABOVE NUMBER WHEN ORDERING QmTATION PATE ZALrspalum7m 02/11/97 R. MARTINEZ IkXMRY CAM *#UL%a ' NVIMMR 001 001 SEE BELOW I BESTWAY' -MEDLEY, FLORIDA INET ON 1 ( ONE) 2f,000 U.S. GALLON QAPACITY WATER TANKS INSTALLED-ON CUSTOMER'S CHASSIS #2132 TANK TO BE EQUIPPED AS FOLLOWS: - TANK IS MANUFACTURED.FROM 3/16* A36 LOW CARBON PRIME STEEL PLATE WITH FLAT HEADS. - TWO (2) TRANSVERSE BAFFLES_ BAFFLES TO HAVE 20- ACCESS HOLE WITH ADEQUATE FLOW THROUGH HOLES AND VENTS. - TANK EQUIPPED WITH 30- MANHOLE WITH GAL- VANIZED SAFETY GRATE TRASH SCREEN. - TANK MOUNTED ON THE CHASSIS BY USE OF "Z- FRAMES,. SPRING - LOADED AND BOLTED TO THE TRUCK FRA E. - RUBBER aODY'CUSHIONS RUN FULL LEHGHT OF -Z- SUBMO HT. - I.D.: LIGHTS AND CLEARANCE LIGHTS INSTALLED N THE TAF - REAR FENDERS WITH FLAPS INSTALLED ON THE TA K. - INTERIOR COATED WITH PLEXI -BLACK RUST RESISTANT M TEF - EXTERIOR PRIMED.AHD PAINTED IN ONE COLOR OF CUSTOMER'S CHOICE. - I GROUND LEVEL HYDRANT FILL WITH ANTI - SIPHON AIR GA I. - .AEAVY'DUTY.BUMPER WITH PUSH BLOCK: SPRAY SYSTE?f: - 4* X 3.900 GPM PTO DRIVEN CENTRIFUGAL PUMP KIT SYSTEM (PTO NOT INCLUDED). - REAR SPRAY'SYSI KITH TWO (2) ADJUSTABLE SPRAYHEADS-'EACH INDIVIDUAL AIR CAB CONTROLLTD. PRICES .................. .... ... VALUE ADDED OPTIONS: - HOSE REEL, 30'. OF 1- AND FIRE NOZZLE MOUNTED STRE M.. TOTAL F.O.B. MEDLEY, FL.-4 ..... .. . MOTE: TOTAL PRICE INCLUDES DISMOUNTING AND KEEP. OUR USED PETS CRAKE_ DELIVER f: OPEN (NORMAL HAHUFACTURING TIME IS 3 WEEKS) DELIV AVAILABILITY-DEPENDENT ON HAM FACTURIHG ULE. AL. WE ARE PLEASED TO 8UPAT THE APOY! C WATION FOR YOW CONpDHMT10N. SHOULD YOU PLACE AN OWm. OG A33LW= IT VPOVMCVVK OUR PROIIIFT ATTENTION. TMi OUOTAnON IS MA L=.TO TM CONDITION! PMMW ON WM ME SIDE, ANO IB VAUO FOR -410 DAYC BUWECT TO CHANGE WITHOur NoT10E. BY ACCEPM DATE 3*N ANO Y ACCEPTANCE COPY WHEN OPOMNG. C`�/ /► /1/T/ eGl/ .40�' American Ann' A --- - r' Truck r► r Crane�• = .�. 6/01/97 CITY OF SOUTH MIAMI 4795 S.W. 75TH AVENUE MIAMI, FL. 33143 ATTN MR. PEDRO GONZALEZ PH 6636335 / FAX 261 -3791 RE: QUOTE #1351 - WATER TANK DEAR SIR: 9830 N.W. SOUTH RNER DRIVE MEDLEY, FLORIDA 33166 PHONE 305. 887 -7170 FAX: 305.887 -6303 AS I EXPLAINED TO YOU IN OUR RECENT PHONE CONVERSATION, THE POWER TAKE OFF (PTO) IS NOT INCLUDED IN THIS QUOTE, ONLY IF THE EXISTING ONE ON TRUCK #2132 DOES NOT MEET THE SPECS. OF OUR CENTRIFUGAL PUMP SYSTEM. IF THAT IS THE CASE YOU WILL HAVE TO ADD $800.00 TO THE TOTAL PRICE QUOTED, FOR THIS'PUR POSE. WE REGRET TO INFORM YOU THAT THERE HAS BEEN .A PRICE INCREASE OF $400.00 ACCORDING TO FACTORY NOTIFICATION, AND IS VALID J?0R...3n:,nAX.g_ 2T BASE_ADD THIS AMOUNT TO THAT:: TOTAL PRICE ON OUR QUOTE IN REFERENCE. PLEASE GIVE ME A CALL WITH ANY QUESTIONS YOU MAY HAVE. REGARDS, RAFAEL I'f:ENEZ A T C _ -!• h — j�• `t1��Y +mow_ ..i. -• • �• . ....' _.._..� •i1 . •— is MATERIAL HANDLING EQUIPMENT & CRANE ATTACHMENTS SPECIALISTS: JLG/USTC •Jiffy •Prentice •Fassi •Copma •Uftmoore Loaders •K- D'Manitou Lift Trucks •Ufttall •SOfvochen *Seats SALES / INSTALLATION / PARTS / SERVICE 13. ..._.. _ ...._......„. ......•.... _,.,�..�. rnVivC ivu. �YJ7i3CrbUYJ.S American -- -- —� !ruck .•• ' �'•. -Crane CITY OF SOUTH MIAMI 4755 S.W. 75TH AVENUE MIAMI, FLORIDA 33143 MARCH 26, 1997 ATTN: PEDRO GONZALEZ GENTLEMEN, Mar. 27 1997 09:22AM P1 9630 N.W. SOUTH RIVER DRIVE MEDLEY. FLORIDA 33166 PHONE: 305 -887 -7170 FAX: 305 -887 -6303 SINCE I HAVE BEEN UNABLE TO REACH YOU BY PHONE, I THOUGHT I'D TOUCH BASE WITH YOU AND SEE IF YOU HAVE MADE A DECISION REGARDING THE 2,000 GALLON WATER TANK I QUOTED YOU. I THOUGHT YOU MIGHT LIKE TO KNOW THAT ANY ORDERS PLACED AFTER -APRIL 30, 1997 WILL BE SUBJECTED TO PRICE INCREASE. PLEASE FEEL FREE TO CALL ME WITH ANY QUESTIONS YOU HAVE. I HOPE TO HEAR FROM YOU SOON. REGA DS, AFAE MARTINEZ ATC MATERIAL HANDLING EQUIPMENT & CRANE ATTACHMENTS SPECIALISTS: JLG/USTC oJiffy •Prentim wFassi •Copma •Liftmoore Loaders •K -D Manitou Lift Trucks •LifttaA •SoK":hm -Seats SALES / INSTALLATION / PARTS / SERVICE 13 a e i' 0 POSI•tt• Fax Note 7671 �+�•� ► TO I F ] t N r Co P 3 as Co - 'J a"' S 811 Z=I°°�R. o� ,r�r °�o�b� :0m m �o z OOM oomFco�v z � r- -�..�t m n 0 �"0M>: *O;j MCD ttrn- -�"i cmn�D �y�n drm-rr" b0 1-4q>MOMTM CI)*o M �• —m 7C �. °0 z ig-iz. MAZ9 YC� -ecr H -.25-iii I MR r I* X CD r+ w • . a ro • O • ID o • • rjJ V a E NEE" 0 y ! x O 0 S w o •w� a � � � f H W N�_• • \ _ y w O O ` • Qs Y i r I* X CD r+ w • . a ro • O • ID o • • rjJ V a E NEE" 0 y ! x O 0 S 3 i i 3 � � f 0 �p ,s s m�y M M 0. z s c a a Z A 0 D rp X pg�x ar c W L T o §g 9� a 0 n r >L s c > R o m - 5d IV V Rr O = a H /j w •w� H W N�_• \ _ w 3 i i 3 � � f 0 �p ,s s m�y M M 0. z s c a a Z A 0 D rp X pg�x ar c W L T o §g 9� a 0 n r >L s c > R o m - 5d IV V Rr O = a H /j CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: a or and Commission FROM: L. Dennis Whitt, City Manager DATE: June 6, 1997 RE: Agenda Item 9 Comm. Meeting June 10, 1997 Architectural Drawings for Multi- Purpose Center The attached resolution is placed on the agenda at the request of Commissioner David Bethel, and authorizes the City Manager to pay an additional fee in the amount of $60,000 to Architectural Design Consortium, Inc. to complete a full set of architectural drawings encompassing the complete requirements for construction of the Multi - Purpose Center. RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE 3 MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER 4 TO PAY AN ADDITIONAL FEE IN THE AMOUNT OF $ 60,000.00 TO 5 ARCHITECTURAL DESIGN CONSORTIUM, INC. TO COMPLETE A FULL 6 SET OF ARCHITECTURAL DRAWINGS ENCOMPASSING THE COMPLETE 7 REQUIREMENTS FOR CONSTRUCTION OF THE MULTI - PURPOSE CENTER; 8 THE FUNDS TO BE DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. 9 10 11 WHEREAS, The City Commission approved Resolution No.205 -96 -9959 12 which authorized the contract with Architectural Design Consortium 13 to complete a master plan and design the Multi -use Recreation 14 Center at Murray Park; and 15 16 WHEREAS, The Architectural Design Consortium has requested a fee 17 for the full scope of work which has been initiated; and 18 19 WHEREAS, The requested fee for the additional work on the 20 Multi - Purpose Center exceeds the contracted amount for Phase I and 21 represents a fee of fifty percent (500) of standard practice; 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 24 THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section I The City Manager is hereby authorized to pay the 27 additional fee in the amount of $ 60,000.00 to Architectural 28 Design Consortium. 29 30 Section II This disbursement will be included in the 1997 -98 31 Fiscal Year's Budget. 32 33 Section III This resolution shall take effect immediately 34 upon approval. 35 36 PASSED AND ADOPTED this 10th day of June, 1997. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY ^ � CITY OF SOUTH MIAMI TyINTER - OFFICE MEMORANDUM To: Ma or and City Commission Date: June 4, 1997 f U LI/ Agenda Item # From: L. Dennis Whrtt �7 Re: Comm. Mtg. 06/10/97 City Manager Parking Meter Resolution REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF CONTRACT CHANGES FOR THE PURCHASE OF ONE HUNDRED (100) NEW PARKING METER HEADS FOR THE HOMETOWN DISTRICT BY THE FIRM OF STROYNE BROTHERS SOUTH, INC.; AUTHORIZING MONTHLY PAYMENTS; AUTHORIZING EXPEDITED INSTALLATION; AUTHORIZING PURCHASE OF ELECTRONIC -TYPE MECHANISMS AND COLOR OPTIONS; REQUIRING CITY COMMISSION APPROVAL FOR OTHER CHANGES; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On June 3, 1997, the City Commission voted to adopt revised street standards for SW 73 Street, SW 57 Court and SW 59 Court, in order to provide for increased parking for the customers of local merchants in the Hometown District. In order to assure that this parking will be available for customers and will not be utilized as long -term parking, the City Administration proposes the installation of parking meters at the newly created parking spaces along these streets and courts. The Administration desires to utilize the existing meter heads from Sunset Drive for the newly created parking spaces along S.W. 73 Street and elsewhere and to purchase new electronic -type parking meter heads for Sunset Drive. In addition, Administration would like to explore colored casings and poles for the parking meters to complement the Sunset Drive Improvements Project. Stroyne Brothers South, Inc. is contracted by the City to provide parking services. The existing contract with Stroyne Brothers South, Inc. does not address the issue of large -scale purchases of new parking meters or the expansion of parking services. This contract is, however, designed to be re- negotiated on an annual basis, in order to address new opportunities such as this one. The attached resolution authorizes the City Administration to re- negotiate the contract to include the purchase of one hundred (100) new parking meter heads for the Hometown District, to allow monthly payments by the City for this purchase, to expedite the installation, to purchase the new electronic -type mechanisms and explore color options, and to require City Commission approval for any other changes that may be negotiated as part of the review of this contract. RECOMMENDATION: Approval. City Manager's Report: Parking Meter Resolution (Consent Agenda) I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION 6 OF CONTRACT CHANGES FOR THE PURCHASE OF ONE HUNDRED 7 (100) NEW PARKING METER HEADS FOR THE HOMETOWN DISTRICT 8 BY THE FIRM OF STROYNE BROTHERS SOUTH, INC.; PROVIDING 9 FOR PAYMENT NEXT FISCAL YEAR; AUTHORIZING EXPEDITED 10 INSTALLATION; AUTHORIZING PURCHASE OF ELECTRONIC -TYPE 11 MECHANISMS AND COLOR OPTIONS; REQUIRING CITY COMMISSION 12 APPROVAL FOR OTHER CHANGES; AND, PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, Stroyne Brothers South is contracted by the City to 17 provide parking services for the City, including the area known 18 as the Hometown District; and, 19 20 WHEREAS, on June 3, 1997, the City Commission voted to adopt 21 revised street standards for S.W. 73rd Street, S.W. 57 Court, and 22 S.W. 59 Court, in order to provide increased available parking in 23 the Hometown District for the customers of local merchants; and, 24 25 WHEREAS, in order to assure that parking will be available 26 for the customers of local merchants and will not be utilized as 27 long -term parking, the City proposes the installation of parking 28 meters at spaces created along the aforementioned streets; and, 29 30 WHEREAS, the existing contract with Stroyne Brothers South 31 does not address the issue of large -scale purchases of parking 32 meters or the expansion of parking services as proposed; and, 33 34 WHEREAS, the City Commission finds that it is in the public 35 interest to provide metered parking in the Hometown District, and 36 thus to purchase parking meters for the aforesaid public purpose. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 39 THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 Section 11 City Administration is authorized to re- negotiate 42 the City's current contract with Stroyne Brothers South, Inc. for 43 the period from October 1, 1997, through September 30, 1998, for 44 the purchase of one hundred (100) new parking meter heads in the 45 Hometown District, including the cost of installation. Parking Meter Resolution: June 10, 1997 1 /5000" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Section 2. Said purchase shall be financed next fiscal year. Section 3. City Administration is authorized to re- negotiate other portions of the contract as necessary, in order to expedite the installation of the one hundred (100) new parking meter heads in the Hometown District. Section 4. City Administration is authorized to purchase the electronic -type meter mechanisms and to explore color options for casings and poles, in order to improve both the efficiency and the appearance of the parking meters in the Hometown District. Section 5. City Administration is authorized to re- negotiate other portions of the contract with Stroyne Brothers South, Inc.; however, items not related to purchase and /or installation of the aforesaid one hundred (100) new parking meter heads shall require the consent of the City Commission via a resolution, prior to the City Manager's signature of the re- negotiated contract document. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 10th day of June, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Parking Meter Resolution: June 10, 1997 APPROVED: MAYOR c:\ ... \ Budget \ Parking hleters.doc 2 /s To From: ,ANNb. CITY OF SOUTH MIAMI V7INTER OFFICE MEMORANDUM Mayor and City Commission . Dennis City Manager REQUEST: Date: June 5, 1997 Agenda Item # 16 Re: Comm. Mtg. 06/10/97 Charrette Budget Resolution A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF CITY ADMINISTRATION TO EXPEND FUNDS FOR THE SNAPPER CREEK CHARRETTE BASED UPON THE BUDGET PREPARED BY TIT, SNAPPER CREEK CHARRETTE STEERING COMMITTEE; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO. 001- 2100 - 519.55 -90, "URBAN DESIGN PROJECT- CHARRETTE;" AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On May 6, 1997, the City Commission appointed a seven- member steering committee to direct the activities of the Snapper Creek Charrette, including the development of a final budget for the charrette activities. This committee has developed a final budget which is attached as Exhibit A. The proposed resolution authorizes the expenditure funds based upon the figures in the attached budget. These funds are authorized to be disbursed from Account Number 001 - 2100 - 519.55 -90, entitled "Urban Design Project - Charrette," in order to cover the expenses of charrette activities. The purpose of this resolution is to authorize an overall budget and to secure City Commission approval for any expenditure over $1,000 that may occur, since the Charrette will be held in July and disbursal of funds may be necessary prior to City Commission's return from summer break. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption Exhibit A: Snapper Creek Charrette Budget City Manager's Report: Charrette Budget Resolution I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION 6 OF CITY ADMINISTRATION TO EXPEND FUNDS FOR THE SNAPPER 7 CREEK CHARRETTE BASED UPON THE BUDGET PREPARED BY THE 8 SNAPPER CREEK CHARRETTE STEERING COMMITTEE; PROVIDING 9 FOR DISBURSEMENT FROM ACCOUNT NO. 001 - 2100 - 519.55 -90, 10 "URBAN DESIGN PROJECT- CHARRETTE;" AND, PROVIDING FOR AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, on January 21, 1997, the City Commission authorized 15 the City Administration to prepare an initial, draft budget and 16 implementation plan for the City's third charrette activity; and, 17 18 WHEREAS, the City Administration prepared a draft budget and 19 implementation plan for the charrette activity; and, 20 21 WHEREAS, on March 18, 1997, the City Commission accepted 22 said initial budget and authorized the creation of a seven - member 23 steering committee to oversee the process, including development 24 of a final budget for the Snapper Creek Charrette; and, 25 26 WHEREAS, on May 6, 1997, the City Commission appointed seven 27 members to the Snapper Creek Charrette Steering Committee; and, 28 29 WHEREAS the Snapper Creek Charrette Steering Committee has 30 prepared a final budget for approval by the City Commission to 31 authorize the expenditure of these funds in June and July; and, 32 33 WHEREAS, the City Commission finds that it is in the public 34 interest to adopt a budget for the Snapper Creek Charrette, in 35 order to authorize the expenditure of funds for the Charrette. 36 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 39 THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 42 Section 1. The budget which is attached hereto, and labeled 43 as "Exhibit A," is approved for the expenditure of funds for the 44 Snapper Creek Charrette; and, City Administration is authorized 45 to disburse a sum not to exceed $22,820 for Charrette activities. Charrette Budget Resolution: June 10, 1997 1 /b 1 2 3 4 5 6 7 8 9 10 11 12 13 14- 15 16 17 18 19 20 21 22 23 24 25 26 27 Section 2. This disbursement shall be charged to Account No. 001 - 2100 - 519.55 -90, entitled "Urban Design Project- Charrette." Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 10th day of June, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Charrette Budget Resolution: June 10, 1997 APPROVED: MAYOR c:l ... 1 Snapper -Creek 1 Stetring- Res -91doc 2 EXHIBIT A; SNAPPER CREEK CHARRETTE BUDGET /!r Charrette Fundin Advertising (Public Hearing Process) $2,000 Contingency Fund 250 Film and Developing costs 300 Food and Refreshments 1,500 Graphics Supplies 50 Invitations 375 Kick -Off 500 Kodak Disposable Cameras 225 15 @ $15 Maps (25) 100 Office Supplies 150 Overtime 2,040 32 hours for Slaven K., Brian S., and Gregory O. Presentation Equipment 350 Signage 1,040 (4) 3' X6' Banners @ $139 (4) 2'X 4' Coroplast Signs @ $79 (2) 2' X 3' Coroplast Signs @ $46 + $80 art work charge T -Shirts 278 (50 @ $4.55) + $50 Total 9,158 Model Project Funding 13,662 Grand Total 22,820 /6 CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: M nd City Commission Date: June 4, 1997 Agenda Item # From: L. Dennis Whitt Re: Comm. Mtg. 06/10/97 City Manager Street Vendor Instructions REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTRUCTIONS TO THE CITY ADMINISTRATION REGARDING THE ESTABLISIMIENT OF LICENSING PROCEDURES TO PERMIT STREET VENDOR CARTS AND STREET VENDOR SITES ALONG SUNSET DRIVE; PROVIDING THAT SAID STREET VENDOR CARTS AND STREET VENDOR SITES MAY BE ONLY OPERATED BY SOUTH MIAMI AREA MERCHANTS WITH RETAIL BUSINESSES LOCATED IN THE HOMETOWN DISTRICT; PROVIDING FOR DESIGN STANDARDS; PROHIBITING THE SALE OF FOOD AND BEVERAGES FROM STREET VENDOR CARTS AND STREET VENDOR SITES; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On May 6, 1997, the firm of Corzo, Castella, Carballo Thompson & Salman presented drawings for the Sunset Drive Improvements Project. As part of that presentation it was suggested that the City entertain the idea of allowing street vendor carts and /or street vendor sites on Sunset Drive. The concept of street vendors on Sunset Drive was part of the Hometown Plan discussions and is proposed in the attached resolution with certain restrictions. These restrictions include limiting participation to merchants who have business establishments in the Hometown District, limiting the kinds of carts to be permitted (appearance issues), and prohibiting food and beverage sales. In addition, Section 15 -63 of the City's Code of Ordinances addresses related matters such as "street sales restrictions ... peddling" and "mobile vendors." This section is in need of revision and re- writing, due to conflicting provisions which were previously adopted in 1991 and 1992. Staff recommends that street vendor carts and sites in the Hometown District be addressed under Section 15 -63, in order to address the issues of "street sales," "peddling," "mobile vendors" and street cart vendors and sites comprehensively under a single section in the Code of Ordinances. RECOMMENDATION: Approval to prepare a draft ordinance for first reading. Attachments: Proposed Resolution for Adoption Copy of the Previous Section 15 -63 City Manager's Report: Street Vendors Instructions Copy of Ordinance No. 3 -91 -1468 Copy of Ordinance No. 16 -92 -1511 I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTRUCTIONS 6 TO THE CITY ADMINISTRATION REGARDING THE ESTABLISHMENT 7 OF LICENSING PROCEDURES TO PERMIT STREET VENDOR CARTS 8 AND STREET VENDOR SITES ALONG SUNSET DRIVE; PROVIDING 9 THAT SAID STREET VENDOR CARTS AND STREET VENDOR SITES 10 MAY BE ONLY OPERATED BY SOUTH MIAMI AREA MERCHANTS WITH 11 RETAIL BUSINESSES LOCATED IN THE HOMETOWN DISTRICT; 12 PROVIDING FOR DESIGN STANDARDS; PROHIBITING THE SALE OF 13 FOOD AND BEVERAGES FROM STREET VENDOR CARTS AND STREET 14 VENDOR SITES; AND, PROVIDING FOR AN EFFECTIVE DATE. 15 16 17 WHEREAS, on January 15, 1991, the City Commission voted to 18 adopt Ordinance No. 3 -91 -1468, which revised Section 15 -63 of the 19 City's Code of Ordinances regarding "Street sales restrictions; 20 ornamental shrubs; construction materials; peddling" by creating 21 a replacement section 15 -63 entitled "Mobile vendors;" and, 22 23 WHEREAS, on September 1, 1992, the City Commission voted to 24 adopt Ordinance No. 16 -92 -1511, which revised language contained 25 in the previous "Street sales restrictions ... peddlers;" and, 26 27 WHEREAS, Section 15 -63 of the City's Code of Ordinances is 28 in need of review and revision, in order to address the topics of 29 "Street sales restrictions ... peddlers" and "Mobile vendors;" and, 30 31 WHEREAS, as a result of the Hometown Plan the community has 32 expressed a desire to permit limited street vendors, in order to 33 increase street activity in the Hometown District; and, 34 35 WHEREAS, all of these issues may be addressed simultaneously 36 by the City Administration via the examination of Section 15 -63 37 and preparation of a draft ordinance to revise said section; and, 38 39 WHEREAS, various discussions of the issue of street vendors 40 at both the formal and informal levels among the citizenry and 41 the merchants indicate that certain expectations exist regarding 42 limitations upon the types of vendors to be permitted; and, 43 44 WHEREAS, the City Commission recognizes that the expected 45 limitations include licensing street vendor carts and street Street Vendors Instructions: June 10, 1997 I /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 vendor sites to South Miami area merchants with retail businesses located in the Hometown District only; and, WHEREAS, said expected limitations may include such issues as restricting the style, design, color, appearance, size and other physical characteristics of said street vendor carts; and, WHEREAS, said expected limitations may include a prohibition which would restrict or eliminate the sales of food and beverages in the Hometown District from such street vendor carts; and, WHEREAS, given these limitations the City Commission desires that City Administration prepare amendments to Section 15 -63 of the City's Code of Ordinances; and, WHEREAS, the City Commission finds that it is in the public interest to provide for increased street activity by permitting street vendor carts and sites within the Hometown District. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. City Administration is instructed to prepare an ordinance to establish licensing procedures, in order to permit street vendor carts and street vendor sites along Sunset Drive. Section 2. The draft ordinance shall only allow street vendor carts and sites to be operated by local area merchants with retail businesses located in the Hometown District. Section 3. The draft ordinance shall include such issues as restricting the style, design, color, appearance, size and other physical characteristics of street vendor carts. Section 4. The draft ordinance shall include a prohibition which would restrict or eliminate the sales of food and beverages in the Hometown District from such street vendor carts. Section S. This resolution shall take effect immediately upon approval. Street Vendors Instructions: June 10, 1997 N /7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED AND ADOPTED this 10th day of June, 1997. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Street Vendors Instructions: June 10, 1997 c:\ ... \ Reports -Dill \ Streets -72 Vendors.doc 3 17 116-U OFFENSES AND MISCELLANEOUS PROVISIONS ; 16-84 Sec. 15-63. Street sales restrictions; ornamental shrubs; con- struction materials; peddling. It shall.be unlawful to sell, offer to sell or exhibit for sale, any goods, merchandise, fruits, nuts, popcorn, ice cream or sandwiches from any parked vehicle or stand set upon any street or sidewalk in the city. It shall be unlawful to obstruct any part of the public street or sidewalk of the city, by placing or causing to be placed thereon any box, stand, counter, shelving, debris, sign, merchan- dise, building material or other obstruction. The city manager shall have authority to permit placing upon sidewalks of potted ornamental shrubs or flowers, immediately adjoining a store or office building, or of benches for seating purposes, in such man- ner as not to obstruct traffic. In case of the construction or repair of any building in such location as to make it necessary or proper that any part of a public street or sidewalk be used for the placing of building materials thereon during the construction of such building, the city manager may, in his discretion, grant a permit for the temporary placing of such building materials there- on, for a period not to exceed sixty (60) days. This rule shall not apply to equipment when in use in paving or patching streets within this city; provided, that such equip - went containing such hot liquid or substance shall not exceed a speed of five (5) miles per hour. This section shall not dispense with any ordinance or rule requiring permits from the fire department. No peddling shall be permitted hereafter on the streets and sidewalks of this city except as specifically provided by sections 8 and 24 of Ordinance No. 18- 80-1077 of the City of South Miami as amended by Ordinance No. 22-80 -1081 and as amended from time to time, or in the case of a special event, exposition, exhibi- tion, fair and/or festival, not exceeding thirty (30) days, when specifically permitted by a majority vote of the city commission. (Ord. 297, 4- 20-54; Ord. No. 1017, J 1, 11- 21 -78; Ord. No. 1163, 1,14-83) Sec. 15 -64. Sirens and warning devices similar to police or fire department. No one shall use a siren or other warning device in the city similar to those used by the police or fire departments, Supp, No. 41 ` $ onrlt:ANCE t:C.. 3 -91 -1468 AM ORDINANCE OF, TEE 1:AYOR AND CITY C011NISSION OF TILE CITY OF SOUTH MIAVI, FLORIDA, AMENDINC SE:CTIOt: 15 -63 or TEE CODE OF ORDINANCES CF THE CITY OF SOUTP "IA;iI, FLOP.IDA, TO PER *SIT MOBILE FOOD VENDORS r I ZONING DISTF.ICTS: PRCVIDINC FOF. TER1:S AND CONDITIO:'E; PROVIDING FOR SEVERAEILITY AND At: EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of South :'iami does not presently permit mobile food vendors except on construction sites where work is actively in progress and in exhititions and festivals not exceeding five (5) days; and WHEREAS, the Mayor and City Comr:ission of the City of South Miami wish to amend the Code of Ordinances to permit mobile food vendors to operate within I zoning districts cf the City upon certain terns and conditions. NOV, THEREFORE, BE IT ORDAIVED BY THE MAYCR A *'D CITY CON1:ISSION OF THE CITY OF SOUTH ZMIAMI, FLORIDA: Section 1. That Section 15 -E3, Miscellaneous Provisions, of the Code of Ordinances of the City of South i!iami be, and the same hereby is, amended to read as follows: Section 15 -63 Mobile Vendors: definition and regulation (a) A mobile vendor is any person, firm, corporation or other entity which travels fror.. place to place selling any and all goods, wares, and merchandise, including, specifically, food, food products and beverages. (b) All mobile vendors are prohibited fror operating or doing business in the City of South Miami except as hereinafter provided. (c) 2:obile vendors selling food, food products and beverages may operate and do business in I zoning districts or upon construction sites where work is actively in progress upon the following terms and conditions: i. No mobile vendor shall station itself upon any Fublic street or right-of -way. Neither shall any mobile vendor station itself upon any private property except with the express pert:ission of the owner thereof and in a manner which does not ir.pede the flow of traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of -way. /7 ii. All - mobile vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. iii. ";o mobile vendor shall remain in any one site longer than thirty (30) minutes except in the case of a special event, exhibition, exposition, art show and /or festival not to exceed five (5) days and when further specifically permitted by a majority affirmative vote of the City Commission by resolution. iv. Mobile vendors must operate from four — wheel motorized vehicles registered in the State of Florida except in the case of fairs, exhibitions and expositions not exceeding five (5) days. Section 2. That Section 20 -3.3 (E) of the Permitted Use Schedule of the Land Development Code be amended to add the following: C P ZONING DISTRICTS 0 A N R R L M N S G I D •K O O 0 R R R S G Mobile Food Vendors I I P * N/A * See Section 15 -63, Miscellaneous provisions, South Miami Code of Ordinances Section 3 If any sentence, section, clause or- phrase of this ordinance is held to be invalid by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of the ordinance. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTE CITY CLERK READ AND APPROVED AS TO FORM: day of February , 1991. APPROVED: a . ROWN MRE-MACEW /I ORDINANCE NO. 16 -92 -1511 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15 -63 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA REGARDING STREET SALES RESTRICTIONS BY CLARIFYING THE PROHIBITION AGAINST SALES APPLIES TO OTHER PREMISES, SUCH AS THE EXTERIORS OF STORES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, by Ordinance first passed in 1959, the City of South Miami, Florida restricted street sales, which restriction is now codified as Section 15 -63, the first two sentences of which state: It shall be unlawful to sell, offer to sell or exhibit for sale, any goods, merchandise, fruits, nuts, popcorn, ice cream or sandwiches from any parked vehicle or stand set upon any street or sidewalk in the city. It shall be unlawful to obstruct any part of any public street or sidewalk of the city, by placing or causing to be placed thereon any box, stand, counter, shelving, debris, sign, merchandise, building material or other obstruction. WHEREAS, the Mayor and City Commission wish to clarify that the aforesaid sales /offers /exhibits should be not be permitted on other premises, such as the exteriors of stores; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The first sentence of Section 15 -63 be, and hereby is, amended to read as follows: It shall be unlawful to sell, offer to sell, or exhibit for sale any goods or merchandise, including, but not limited to, fruits, nuts, popcorn, ice cream or sandwiches, from any parked vehicle or stand set upon any street or sidewalk in the city, or from the exteriors of buildings licensed for sales, unless otherwise ptuvided in this Land Development Code. Section 2. If any section,.clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent Jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 9. This Ordinance shall take effect immediately at i the time of its passage. �I PASSED AND ADOPTED this 1st jday of September , 1992. APPROVED: MAYOR ATT l CI LERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 /I �wmhk� CITY OF SOUTH MIAMI Iff INTER- OFFICE MEMORANDUM To: Mayor & City Commissioners Date: June 10, 1997 Via: L. Dennis Whitt, City Manager 0 From: Bill Mackey, AICP eG l Re: Submittal of PUD -R Director of Planning & Zoning SUBMITTAL OF PUD -R Please, find the following attached packets which comprise the submittal of an application for a Planned Unit Development - Residential [PUD -R] to the City Commission: 1. Supplemental drawings and supporting documents which were submitted by the applicant at the Planning Board Meeting of June 5, 1997, and made part of the record at that meeting; 2. Draft, Excerpted Planning Board Minutes from the Planning Board Meeting of June 5, 1997, including a response from a member of the public which was received via telefacsimile and a follow -up letter from Mr. J. Hayes Worley, Jr. received after the Planning Board Meeting; 3. Staff report, dated May 13, 1997, by the Director of the Planning & Zoning Division, which ev.tluates the merits of the project and recommends approval with six specific considerations; Staff reports, regarding the application's compliance with City's Land Development Code, dated 09 -24 -96 (preliminary), dated 02 -18 -97 (preliminary), and dated 04 -10 -97 (final), including a copy of Section 20 -3.7 of the City's Land Development Code for reference; Letter in lieu of ERPB's formal approval, dated May 7, 1997, with copies of the Minutes for the ERPB Special Meeting on August 23, 1997, and the ERPB Meeting on May 6, 1997; Letters received from and a response to Mr. J. Hayes Worley, Jr., affected area resident; and, 4. Application, submitted by Westway Limited, as representative for Mr. & Mrs. Joseph Shaw, dated March 18, 1997, including proposed site plan, landscape plans and model house plans. Thank you. 1 WESTWAY LIMITED 1508 SAN IGNACIO AVE., SUITE 200 CORAL GABLES, FLORIDA 33146 i PH. 305 662 -1421 FAX. 305 666 -4990 June 3, 1997 Bill Mackey, AICP Director of Planning and Zoning City of South Miami 6130 Sunset Drive South Miami, Fl. 33146 RE: Parkside Village at Shaw Nursery - PUD Dear Mr. Mackey: This letter serves to address certain issues that have been requested from us by your department. The issues and there responses are as follows: How drainage is addressed The drainage system will consist of catch basins and road and site grading to accommodate, store and dissipate all storm water attributable to the site. In addition, a low elevation fern glade is designed for the center of the site to store any emergency storm water beyond the capacity of the catch basin system. Furthermore, in compliance with the current applicable code and pursuant to stars request, CBS walls have been provided along all perimeter boundaries of the adjacent properties that are at lower elevation. Maintenance of perimeter landscape areas This issue is addressed in the projects proposed Declaration of Covenants, Restrictions and Easements Article II, Section 2, Paragraph 3 which is being delivered herewith. Color Options We are introducing a variation to our color selection per the revised color chart delivered herewith. Proposed Governing Documents Delivered herewith is the projects proposed Declaration of Covenants, Restrictions and Easements, Articles of incorporation and Bylaws of Homeowners Association. DERM Review We have obtained necessary permission as provided herewith in the letter from DERM dated June 3, 1997. Bus Shelter Pursuant to the letter, delivered herewith, dated June 2, 1997 from Metro Dade Transit, they would cooperate with establishing a bus stop at Dante Fascell Park. Model Locations It is the intention of the developer permit the construction of either of the two proposed models on any of the lots within the PUD. Accordingly, the site plan indicates the maximum footprints and minimum setbacks that will be applicable to all lots. Landscape Buffer A hedge and additional landscaping in the pedestrian path proposed for the north 1/2 of 84th Terrace has been provided as part of the revised landscape plan prepared by Bill Rosenberg, dated May 5, 1997, and delivered herewith. Site Lighting Additional light fixtures have been provided along S.W. 58th Avenue and in the fern glade as indicated in the revised landscape plan prepared by Bill Rosenberg dated May 5, 1997 and delivered herewith. In addition to the above addressed issues, we will be submitting to the City of South Miami Planning Board seven sets of revised architectural plans prepared by Sotolongo & Associates and dated June 4,1997, revised landscape plans prepared by Bill Rosenberg dated May 5, 1997, and site plans prepared by Sotolongo & Associates and dated April 25, 1997. The only significant change to the model unit designs in said plans resulted in a reduction of the size of Model A from 3,160 square feet to 3,066 square feet. Also, both ground floor foot prints were reduced slightly (Model A from 2,412.11 sq. ft. to 2,378.13 sq. ft. ; Model B from 2,585.59 sq. ft. to 2,581.52 sq. ft.) resulting in reduced lot coverage. Also, balconies on the rear of the homes have been enlarged. In no instance does this result in a rear set back of less that the minimum provided of 20.67 feet. The only other changes to the plans are to model interiors and have no affect on the site plan. If you should have any questions pertaining to this matter, please do not hesitate to contact me. Sincerely, Brandon Lurie Westway Limited METROPOLITAN DADE COUNTY, FLORIDA METRO �� E M ENVIRONMENTAL RESOURCES MANAGEMENT NATURAL RESOURCES DIVISION June 3, 1997 33 S.W. 2nd AVENUE MIAMI. FLORIDA 33130 -1540 (305) 372 -6788 FAX (305) 372 -6630 Attn.: Mr. Brandon Lurie 1508 San Ignacio Ave. Suite 200 Miami, Florida 33146 RE: Parkside Village 0 Shaw Nursery - located on S.W. 84th Terrace between S.W. 57th and 58th Avenues. Dear Mr. Lurie: On May 16, 1997, inspection of the above - referenced site by a biologist from this office revealed the presence of several specimen trees (trunk diameter (if multi - trunked, the sum of all the diameters) >_ 18 "). At this time, due to the fact that Shaw Nursery is still active, a tree removal /relocation permit from Dade County is not required to remove or relocate any tree on site. The City of South Miami has given jurisdiction over tree issues at Shaw Nursery to Dade County (see attachment). Section 24 -60 of the Metropolitan Dade County Code states that the "Removal of trees within State - approved plant nurseries..., provided said trees were planted and are growing for the display, breeding, propagation, sale or intended sale to the general public in the ordinary course of business" is exempt from tree removal permits. However, upon the time that Shaw Nursery is shut down or is no longer an active nursery, a tree permit will be required for the removal or relocation of any non - exempt tree that is present on site, based upon the complete tree survey prepared by Schwebke- Shiskin & Assoc., Inc.. Shall Shaw Nursery keep certain areas active as a nursery during the development of other areas on site, a tree permit will only be required for the areas of the residential development. This office has received a copy of the relocation plan entitled "Park Side Village a Shaw Nursery ", dated 2/3/97 and a copy of the planting plan entitled "Park Side Village @ Shaw Nursery ", dated 2/3/97 (revised 5/5/97) which shows the trees to remain on site and the additional trees to be added. Both plans were prepared by Rosenberg Design Group. Under Section 24 -60 of the Metropolitan Dade County Code, specimen -sized trees are protected and must be preserved on site. For this office to review a Tree Removal /Relocation Permit for a specimen -sized tree, a written demonstration must be provided to this office that explains why the tree must be removed or relocated. A letter of demonstration has been submitted to this office by the Richard - Brandon Company. This office has no objection to the proposed tree removals or relocations for this site. For the native specimen trees that DERM permits for relocation, bonding may be required to ensure their viability after relocation. If you have-further questions regarding the above, please contact me at (305)372 -6573. Sincerely, Bridget Creighton Biologist I Forest Resources Program DERM cc: Brian Soltz, 6130 S. Miami Dr., South Miami, FL 33143 t M E T R O- D A b E 3300 NocthuKat 32 Avenue, Wami, Florida 33142 -5795 June 2, 1997 Mr. Brandon Lurie Shaw Nursery Development 1508 San Ignacio Suite 200 Coral Gables, FL 33146 FAX: 666 --4990 Dear Dir. Lurie: Thank you for contacting us regarding the changes proposed to the Shaw Nursery site on Red Road. I have visited the area to determine if a southbound bus stop was possible in the vicinity of Dante Fascell Park. A bus stop could be placed on a wooden. utility pole just south of the tennis court parking area. The edge of the road is currently striped to indicate that cars should not park there, so it should be available for the bus to pull out of the moving lane of traffic enough to allow cars to pass. Bus service in this area is during weekday rush hours only, so weekend park activities will not affect the bus stop. if you have any questions or recommendations for when you would like the bus stop installed, please feel tree to call my office at 637 - -3753. Sincerely, Surte LaPlant Manager, Service Management COLOR SELECTION FOR "PARKSIDE VILLAGE (SHAW PROPER'L'Y)" Roof Tile: Montur (or oquivalent) Ironwood - All Stuccu Trim and Fascias: White - White - Window Shutters: Turkish Drown 20YY 09/175 (Based on Clidden Master Palette) • Alternate Shuttur Color. White - White - C,araga Doors, Entry Doors and Windows: White - White - Main Stucco Wall colun: Based on Cliddon Master Palette Scheme 1. Navajo White 40YY 69/112 (Wise) Alternate Color Whitc Mantle 90YY 75/120 (I -Ight Green) Roof Tile: Monier (or equivalent) Weathered Ash - All Stucco Trim, Fasclas and Shutters: White - White - Garage Doors, Entry Doors and Windows: White - White - Main Stucco Wall color%: Based on Glidden Master Palette theme 2, Yarrow While 45YY 77/183 (Cram) Alternate Color Amish Linen 20YY 70/138 Roof Tile: Monier (or oqulvalont) Sllverwood - All Stucco Trim and Fa%Clas: White - White - Window Shutters Mnu Grove (Deep Green) ` 90GY 13 161 (Bosod on ClIdden Master Palette) - Alternate Shutter Color: Wltlto - White - Garage Doors, Untry Doors and Windows: White - White (Alternate colors as per alternato trims below) - Main Stucco Wall colors: Based on Cliddon Master Palette Scheme 3. Shaded Ice 30CC 72/008 (Cray) Alternate Color Whita Rcturn to: (enclose self - addressed stamped envelope) Name: Jonathan D. Beloff, Esq. Ruden, McClosky, Smith, Schuster & Russell, P.A. Address: 701 Brickell Avenue, Suite 1900 Miami, Florida 33131 This Instrument Prepared-by: Jonathan D. Beloff, Esq. Ruden, McClosky, Smith, Schuster & Russell, P.A. 701 Brickell Avenue, Suite 1900 Miami, Florida 33131 SPACE. ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE MIS LING FOR PROCESSING DATA DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR PARKSIDE VILLAGE .-- , (�\ A V --t MIA:56554:1 ARTICLE I Section 23. DEFINITIONS ............................ ..............................1 Section 1. "ADDITIONAL PLAT .. ....... ............................... 1 Section 2. "ADDITIONAL PROPERTY" .. ............................... 1 Section.'). "AMENDMENT(S)" .......... ............................... 2 Section 4. "ARCHITECTURAL CONTROL COMMITTEE" ................. 2 Section 5. "ARTICLES" ................ ............................... 2 Section 6. "ASSESSMENT" ............ ............................... 2 Section 7. "ASSOCIATION" ............ ............................... 2 Section 8. "ASSOCIATION PROPERTY" . ............................... 2 Section 9. "BOARD" ............................. ..................2 Section 10. "BYLAWS" ................. ............................... 3 Section 11. "COMPLETED LOT" ......... ............................... 3 Section 12. "COMPLETED LOT OWNER" . ............................... 3 Section 13. " COUNTY" ................. ............................... 3 Section 14. "DECLARANT" ............. ............................... 3 Section 15. "DECLARATION" ........... ............................... 3 Section 16. "DIRECTOR" ............... ............................... 3 Section 17. "DOMINANT LOT" .......... ............................... 3 Section 18. "DRAINAGE SYSTEM" ...... ............................... 3 Section 19. " HOME ". .................... ..............................3 Section 20. "IMPROVEMENT" ........... ............................... 3 Section 21. "INSTITUTIONAL MORTGAGE" ............................. 4 Section 22. "INSTITUTIONAL MORTGAGEE OR INSTITUTIONAL LENDER" .................................. ..............................4 Section 23. "INTEREST" ................ ............................... 4 'Section 24. "LEGAL FEES" .............. ............................... 4 Section 25. "LOT" ...................... ..............................4 Section 26. "MEMBERS" ............... ............................... 4 Section 27. "NOTICE" and "HEARING" ... ............................... 5 Section 28. "OPERATING EXPENSES" .... ............................... 5 Section 29. "OWNER" .................. ............................... 5 Section 30. "PARKSIDE VILLAGE" ...... ............................... 5 Section 31. "PARKSIDE VILLAGE DOCUMENTS" ........................ 5 Section 32. "PLAT" .................................................... 5 Section 33. "PROPERTY" ............... ............................... 5 Section 34. "SERVIENT LOT" ........... ............................... 5 Section 35. "SUPPLEMENTAL DECLARATION" .......................... 5 Section 36. "TURNOVER DATE" ......... ............................... 6 Section 37. "UNCOMPLETED LOT" ...... ............................... 6 Section 38. "UNCOMPLETED LOT OWNER" ............................. 6 ARTICLE II DESCRIPTION OF PARKSIDF, VILLAGE .... ............................... 6 Section 1. GENERAL PLAN OF DEVELOPMENT ......................... 6 Section 2. ASSOCIATION PROPERTY ... ............................... 7 Section 3. COSTS ..................... ............................... 9 MIA:56554:1 11 Section 4. PRIVATE USE .............. ............................... 9 Section 5. PRIVACY FENCES AND HEDGES ............................ 9 Section 6. MODEL ROW ............... ............................... 9 ARTICLE III ADDITIONS TO AND WITHDRAWALS FROM THE PROPERTY; CONVEYANCE OF ASSOCIATION PROPERTY ............................ 10 Section 1. ADDITIONS ................. .............................10 Section IA. AUTOMATIC INCORPORATION OF ADDITIONAL PROPERTY ... 10 Section 2. DESIGNATION OF ADDITIONAL ASSOCIATION PROPERTY ... 1 l Section 3. DISCLAIMER OF IMPLICATION ............................ 11 Section 4. ABSENCE OF OBLIGATION . ............................... 11 Section 5. WITHDRAWAL ............ ............................... 11 Section 6. TITLE TO THE ASSOCIATION PROPERTY ................... 11 Section 7. PARKING RIGHTS ......... ............................... 12 ARTICLE IV OWNERS' PROPERTY RIGHTS .......... ............................... 12 Section 1. OWNERS' EASEMENTS OF ENJOYMENT .................... 12 Section 2. DELEGATION OF USE ...... ............................... 14 Section 3. RECOGNITION OF EXISTING EASEMENTS .................. 14 Section 4. EASEMENTS FOR VEHICULAR TRAFFIC .................... 14 Section 5. ACCESS EASEMENT ....... ............................... 14 Section 6. GRANT AND RESERVATION OF EASEMENTS ................ 14 Section 7. ASSIGNMENTS ............ ............................... 17 ARTICLE V MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION: BOARD: DURATION OF THE ASSOCIATION ............................. 17 Section 1. MEMBERSHIP AND VOTING RIGHTS ....................... 17 Section 2. BOARD ....................... .............................18 Section 3. DURATION OF ASSOCIATION ............................. 18 ARTICLE VI COVENANT TO PAY ASSESSMENTS: ESTABLISHMENT OF LIENS: COLLECTION OF ASSESSMENTS: COLLECTION BY DECLARANT: CERTAIN RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEES .. 18 Section 1. AFFIRMATIVE COVENANT TO PAY ASSESSMENTS .......... 18 Section 2. ESTABLISHMENT OF LIENS ............................... 19 Section 3. COLLECTION OF ASSESSMENTS ........................... 19 Section 4. COLLECTION BY DECLARANT ............................. 20 Section 5. RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEF.,S TO PAY ASSESSMENTS AND RECEIVE REIMBURSEMENT ............. 20 Section 6. CABLE TELEVISION SYSTEM .............................. 20 Section 7. MONITORED ALARM SYSTEM ............................. 21 Section 8. CENTRAL IRRIGATION SYSTEM ............................ 21 MIA:56554:1 111 ARTICLE VII METHOD OF DETERMINING ASSESSMENTS AND ALLOCATION OF ASSESSMENTS ... ............................... 21 Section 1. DETERMINING AMOUNT OF ASSESSMENTS ................ 21 Section 2. ASSESSMENT PAYMENTS .. ............................... 21 Section 3. SPECIAL ASSESSMENTS ... ............................... 22 Section 4. LIABILITY OF OWNERS FOR INDIVIDUAL LOT ASSESSMENTS .................................. .............................22 Section 5. GUARANTEED ASSESSMENT DURING GUARANTEE PERIOD .................................. .............................23 Section 6. DECLARANT'S GUARANTEED ASSESSMENT NOT THE OBLIGATION OF INSTITUTIONAL MORTGAGEES .................. 23 Section 7. WORKING FUND CONTRIBUTION .......................... 24 Section 8. WAIVER OF USE ........... ............................... 24 ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE .............................. 24 Section 1. MEMBERS OF THE COMMITTEE ........................... 24 Section 2. REVIEW OF PROPOSED CONSTRUCTION .................... 24 Section 3. MEETINGS OF THE COMMITTEE ........................... 25 Section 4. NO WAIVER OF FUTURE APPROVALS ...................... 25 Section 5. COMPENSATION OF MEMBERS ............................ 26 Section 6. INSPECTION OF WORK ..... ............................... 26 Section 7. NON - LIABILITY OF COMMITTEE MEMBERS ................ 26 Section 8. VARIANCE ................. .............................27 ARTICLE IX MAINTENANCE, AND REPAIR OBLIGATIONS ............................ 27 Section 1. BY THE ASSOCIATION ..... ............................... 27 Section 2. BY THE OWNERS ................................ Section 3. DAMAGE TO BUILDINGS ......................... USF RESTRICTIONS ..................... .............................30 Section 1. ENFORCEMENT ........... ............................... 30 Section 2. NUISANCES ............... ............................... 31 Section 3. PARKING AND VEHICULAR RESTRICTIONS ................. 31 Section 4. NO IMPROPER USE ........ ............................... 31 Section 5. LEASES .................. ............................... 31 Section 6. ANIMALS AND PETS ....... ............................... 32 Section 7. ADDITIONS AND ALTERATIONS ............ Section 8. INCREASE. IN INSURANCE RATES ............ 3 Section 9. SLOPES AND TREES ................... ... Section 10. SIGNS ...................... .............................32 Section 11. TRASH AND OTHER MATERIALS ....... .. ' Section 12. TEMPORARY STRUCTURES ............................... 33 Section 13. OIL AND MINING OPERATIONS ......... .. Section 14. SF,WAGE DISPOSALL .......................... . . ........).) MIA:56554:1 1V Section 15. WATER SUPPLY ........... ............................... 33 Section 16. FENCES ................... ............................... 33 Section 17. ANTENNAE ............... ............................... 34 Section 18. DECLARANT EXEMPTION .. ............................... 34 ARTICLE XI DAMAGE OR DESTRUCTION TO ASSOCIATION PROPERTY ............... 35 ARTICLE XII INSURANCE AND CONDEMNATION ..... ............................... 36 Section 1. CASUALTY INSURANCE ... ............................... 36 Section 2. PUBLIC LIABILITY INSURANCE ............................ 36 Section 3. FIDELITY COVERAGE ...... ............................... 36 Section 4. OTHER INSURANCE ....... ............................... 36 Section 5. CANCELLATION OR MODIFICATION ....................... 36 Section 6. FLOOD INSURANCE ....... ............................... 36 Section 7. CONDEMNATION ......................................... 37 Section 8. WAIVER OF SUBROGATION ............................... 37 ARTICLE XIII GENERAL PROVISIONS .............. ............................... 37 Section 1. CONFLICT WITH OTHER PARKSIDE VILLAGE DOCUMENTS .. 37 Section 2. NOTICES .................... .............................37 Section 3. ENFORCEMENT ........... ............................... 37 Section 4. INTERPRETATION ......... ............................... 38 Section S. SEVERABILITY ............ ............................... 38 Section 6. CERTAIN RIGHTS OF DECLARANT ......................... 38 'Section 7. DISPUTES AS TO USE ...................................... 39 Section 8. AMENDMENT AND MODIFICATION ........................ 39 Section 9. DELEGATION ............. ............................... 40 Section 10. TERM ...................... :............................40 Section 11. RIGHTS OF MORTGAGEES .. ............................... 41 Section 12. APPROVAL OF ASSOCIATION LAWSUITS BY OWNERS. ...... 41 Section 13. COMPLIANCE WITH PROVISIONS .......................... 42 Section 14. SECURITY .................. .............................42 Section 15. COVENANT RUNNING WITH THE LAND .................... 43 Section 16. NO PUBLIC RIGHT OR DEDICATION ........................ 43 Section 17. NO REPRESENTATIONS OR WARRANTIES .................. 43 Section 18. ASSOCIATION AND DECLARANT AS ATTORNEY-IN-FACT ... 43 MIA:56554:1 V DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR PARKSIDE VILLAGE THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR PARKSIDE VILLAGE ( "Declaration ") is made this day of , 1997 by WESTWAY LIMITED, a Florida limited partnership, its successors and assigns ( "Declarant "), and is joined in by PARKSIDE VILLAGE HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit ( "Association "). WHEREAS, Declarant is the owner in fee simple of the real property more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property "); WHEREAS, Declarant desires to develop a planned community to be known as "Parkside Village" (as hereinafter defined); and WHEREAS, in order to develop and maintain Parkside Village as a planned residential community and to preserve the values and amenities of such community, it is necessary to declare, commit and subject the Property and the improvements now or hereafter constructed thereon to certain land use covenants, restrictions, reservations, regulations, burdens, liens, and easements; and to delegate and assign to the Association certain powers and duties of ownership, administration, operation, maintenance and enforcement; and WHEREAS, the Association is joining in this Declaration in order to acknowledge its obligations hereunder. NOW, THEREFORE, in consideration of the premises and covenants herein contained, Declarant hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, burdens and liens hereinafter set forth, all of which shall run with the Property and any part thereof and which shall be binding upon all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns. ARTICLE I DEFINITIONS The terms used in this Declaration shall be defined as set forth herein unless expressly provided otherwise. Section 1. "ADDITIONAL PLAT" shall mean the plat of any portion of the Property which is not included in the Plat and the plat of the Additional Property provided a Supplemental Declaration for the Additional Property is recorded amongst the public records of the County. "Additional Plat" shall also mean the replat of all or any portion of the Plat or any other plat of all or any portion of the Property. Section 2. "ADDITIONAL PROPERTY" shall mean all or any portion of the real property more particularly described on Exhibit A -1 attached hereto and made a part hereof that may be submitted by Declarant to the terms and provisions of this Declaration by a Supplemental Declaration which MIA:56554:1 shall be executed by Declarant and the owner of the Additional Property and need not be joined in by any other person or Owner, or which may automatically be submitted pursuant to the terms of Article III, Section IA hereof. No portion of the Additional Property is encumbered by this Declaration unless such property is added by a Supplemental Declaration by Declarant and the fee owner thereof, or otherwise as aforesaid. In the event the Additional Property becomes encumbered by this Declaration, then, and only then in such event, the term "Property" as used herein shall also mean the Additional Property. Section 3 . "AMENDMENT(S)" shall mean any and all amendments to this Declaration, all of which shall be consecutively numbered beginning with the "First Amendment to the Declaration of Covenants, Restrictions and Easements for Parkside Village" and each of which shall be properly adopted pursuant to the terms of the Parkside Village Documents and recorded in the Public Records; provided, however, the failure to so consecutively number such amendments shall not impair their validity hereunder and such amendments to the extent not otherwise numbered will be deemed to have been numbered in chronological order of their appearance in the Public Records. Section 4. "ARCHITECTURAL CONTROL COMMITTEE" or "COMMITTEE" shall mean the committee created pursuant to Article VIII hereof. Section 5. "ARTICLES" shall mean the Articles of Incorporation of the Association which have been filed in the Office of the Secretary of State of the State of Florida, a true copy of which is attached hereto as Exhibit `B" and incorporated herein by this reference, as such Articles may be amended from time to time. Section 6. "ASSESSMENT' shall mean assessments for which all Owners are obligated to the Association and includes "Individual Lot Assessments" and "Special Assessments" (as such terms are defined in Article VII hereof) and any and all other assessments which are levied by the Association in accordance with the Parkside Village Documents. Section 7. "ASSOCIATION" shall mean and refer to PARKSIDE VILLAGE HOMEOWNERS ASSOCIATION, INC., a not - for - profit Florida corporation, its successors and assigns, existing pursuant to the Articles of Incorporation, filed in the Office of the Secretary of State of the State of Florida on , as amended by any amendments thereto, and which Association is responsible for the maintenance, preservation and architectural control of Parkside Village as provided in this Declaration. Section 8. "ASSOCIATION PROPERTY" shall mean such portions of the Property which are not included in any Lot, except those areas dedicated to the public by the Plat or Additional Plat, if any, and which are or shall be owned or maintained by the Association, as set forth in this Declaration, for the common use and enjoyment of the Owners within Parkside Village, together with landscaping and any other Improvements thereon, including, without limitation, all structures, open spaces, private streets, and any sidewalks, irrigation, decorative street lights, entry or other lighting, entrance features, buffer tracts, monument walls, site walls, gazebos, retaining walls, fountains, or decorative street signs, but excluding any public utility installations thereon; in addition, such portions of the - Property as are declared to be Association Property in any Supplemental Declaration, less whatever portions of the Property are declared to be withdrawn from the provisions of this Declaration in any Supplemental Declaration. MIA:56554 :1 2 Section 9. "BOARD" shall mean the governing body of the Association. Section 10. "BYLAWS" shall mean the Bylaws of the Association, which have been or will be adopted by the Board, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference, as such Bylaws may be amended from time to time. Section 11. "COMPLETED LOT" shall mean a Lot on which the construction of any Home has been completed and for which Home a certificate of occupancy or equivalent therefore has been issued by the appropriate governmental agency. Section 12. "COMPLETED LOT OWNER" shall mean the Owner of a Completed Lot. Section 13. "COUNTY" shall mean Dade County, Florida. Section 14. "DECLARANT" shall mean and refer to Westway Limited, a Florida limited partnership, and any successor or assign thereof to which Westway Limited specifically assigns all or part of the rights of Declarant hereunder by an express written assignment, whether recorded in the Public Records of the County or not. The written assignment may give notice as to which rights of Declarant are to be exercised and as to which portion of the Property. In any event, any subsequent declarant shall not be liable for any default or obligations incurred by any prior declarant, except as may be expressly assumed by the subsequent declarant. An Owner shall not, solely by the purchase of a Home and /or Lot, be deemed a successor or assign of Declarant under the Parkside Village Documents unless such Owner is specifically so designated as a successor or assign of such rights in the instrument of conveyance or any other instrument executed by Declarant. Section 15. "DECLARATION" shall mean this instrument as it may be amended from time to time, together with any Supplemental Declaration(s) or amendments thereto, which may be recorded amongst the Public Records. Section 16. "DIRECTOR" shall mean a member of the Board. Section 17. "DOMINANT LOT" shall mean a Lot to which an easement over a Servient Lot created by Article IV of this Declaration is appurtenant (i.e., a Lot owned by an Owner entitled to access to his Lot over certain portions of an adjoining Lot). A Lot may be both a Dominant Lot and a Servient Lot as to different easements created by Article IV hereof, but not as to the same easement. Section 19. "DRAINAGE SYSTEM" shall mean all structures, including culverts, required to collect and convey rainfall runoff from Parkside Village to the water management tracts and /or canals adjacent to the Property. The Drainage System is located upon and designed to serve the Property. The Drainage System within Parkside Village is a private drainage system. Section 19. "HOME" shall mean a residential dwelling unit constructed within Parkside Village, which is designed and intended for use and occupancy as a single- family residence. Section 20. "IMPROVEMENT" shall mean all structures or artificially created conditions and appurtenances thereto of every type and kind located within Parkside Village, including, but not limited to, buildings, walkways, recreation areas and facilities, parking areas, school bus stops and MIA:56554:1 3 pavilions, berms, fountains, sprinkler pipes, gatehouses, roads, driveways, fences, retaining walls, underground footers and other foundation supports, stairs, landscaping, hedges, plantings, poles, children's climbing apparatus, swings, tennis, basketball and volleyball courts, swimming pools, covered patios, screen enclosures, jogging, bicycling and walking paths, basketball backboards and hoops, signs, site walls, gazebos, benches, mailboxes, decorative street lights and signs, and fishing piers. Section 21. "INSTITUTIONAL MORTGAGE" shall mean a mortgage held by an Institutional Mortgagee on any property within Parkside Village. Section 22. "INSTITUTIONAL MORTGAGEE OR INSTITUTIONAL LENDER" shall mean any lending institution owning a first mortgage encumbering any Home or Lot within Parkside Village, which owner and holder of said mortgage shall either be a bank, life insurance company, federal or state savings and loan association, real estate or mortgage investment trust, building and loan association, mortgage banking company licensed to do business in the State of Florida, or any subsidiary thereof licensed or qualified to make mortgage loans in the State of Florida or a national banking association chartered under the laws of the United States of America or any "secondary mortgage market institution ", including the Federal National Mortgage Association ( "FNMA "), Government National Mortgage Association ( "GNMA "), Federal Home Loan Mortgage Corporation ( "FHLMC ") and such other secondary mortgage market institutions as the Board shall hereafter approve in writing; any and all lenders, the successors and assigns of such lenders, which have loaned money to Declarant and which hold a mortgage on any portion of the Property securing such a loan; any pension or profit sharing funds qualified under the Internal Revenue Code; the Veterans Administrative, the Federal Housing Administration or the Department of Housing and Urban Development or such other lender as is generally recognized in the community as an institutional lender; or Declarant, its successors and assigns. Section 23. "INTEREST" shall mean the maximum nonusurious interest rate allowed by law on the subject debt or obligation, and if no such rate is designated by law, then eighteen percent (18 %) per annum. Section 24. "LEGAL FEES" shall mean reasonable fees for attorney and paralegal services incurred in connection with: (i) negotiation and preparation for litigation, whether or not an action is actually begun, through and including all trial and appellate levels and postjudgment proceedings, and (ii) collection of past due Assessments including, but not limited to, preparation of notices and liens; and shall also include court costs through and including all trial and appellate levels and postjudgment proceedings. Section 25. "LOT" shall mean and refer to any parcel of land within Parkside Village as shown on the Plat (or on any other plat which divides such land into homesites or homesites and Association Property) upon which a Home is permitted to be erected, together with the Improvements thereon and any portion of the Property within Parkside Village that is declared to be a Lot by a Supplemental Declaration and is not subsequently withdrawn from the provisions of this Declaration by a Supplemental Declaration. For purposes of Individual Lot Assessments, a Lot is either a Completed Lot or an Uncompleted Lot. Section 26. "MEMBERS" shall mean and refer to all of the Owners who are also members of the Association, as provided herein. MIA:56554:1 4 Section 27. "NOTICE" and "HEARING" shall mean written notice and a public hearing before a tribunal appointed by the Board, at which the Owner concerned shall have an opportunity to be heard in person or by counsel, at Owner's expense, in the manner set forth in the Bylaws. Section 29. "OPERATING EXPENSES" shall mean the expenses for which Owners are liable to the Association as described in this Declaration and any other Parkside Village Documents and include, but are not limited to, the costs and expenses incurred by the Association in administering, operating, maintaining, financing, or repairing, but not reconstructing, replacing or improving, the Association Property or any portion thereof and Improvements thereon and all costs and expenses incurred by the Association in carrying out its powers and duties hereunder or under any other Parkside Village Documents. Section 29. "OWNER" shall mean and refento the record owner, whether one or more persons or entities, of the fee simple title to any Lot within Parkside Village, and includes Declarant for as long as Declarant owns fee simple title to a Lot, but excluding therefrom those having such interest as security for the performance of an obligation. Section 30. "PARKSIDE VILLAGE" shall mean that planned residential development located in Dade County, Florida, which encompasses the Property and if fully developed is intended to also encompass the Additional Property, and be comprised of twenty (20) Homes and the Association Property. Parkside Village will initially consist of the land set forth in Exhibit "A" attached hereto and made a part hereof and may be expanded by the recording of one or more Supplemental Declaration(s). Section 31. "PARKSIDE VILLAGE DOCUMENTS" shall mean in the aggregate this Declaration, the Articles and the Bylaws, the Plat, the Additional Plat, if any, and all of the instruments and documents referred to therein, including, but not limited to, any Amendment(s) and Supplemental Declaration(s). Section 32. "PLAT" shall mean the Plat of recorded in Plat Book Pages through , inclusive, of the Public Records of the County. In the event an Additional Plat is recorded in the Public Records of the County, then the term "Plat" as used herein shall also mean the Additional Plat. Section 33. "PROPERTY" shall mean and refer to that certain real property heretofore described in Exhibit "A" and such additions thereto as may hereafter be brought within the jurisdiction of this Declaration and /or the Association; provided, however, Declarant reserves the right to withdraw from the provisions hereof, subject to the prior written approval of the Dade County Attorney's Office, such portion or portions of the Property as Declarant from time to time elects, upon the execution by Declarant of a Supplemental Declaration. Section 34. "SERVIENT LOT" shall mean a Lot within Parkside Village over which an easement is created by Article IV of this Declaration in favor of a Dominant Lot (i.e., a Lot over certain portions of which the Owner of an adjoining Lot has a right of access). Section 35. "SUPPLEMENTAL DECLARATION" shall mean any instrument executed by Declarant with respect to the Additional Property, if any (provided Declarant is the owner thereof), which, when recorded in the Public Records of the County, shall commit such property to the MIA:56554:1 5 provisions of this Declaration, and shall be the only method of committing such property to the provisions of this Declaration. The Supplemental Declaration can also add additional restrictions, declare certain properties to be or not to be Association Property, or add properties to or withdraw properties from the Property and the provisions of this Declaration. The Association shall join in the execution of any Supplemental Declaration at the request of Declarant but such joinder shall not be required to make any such Supplemental Declaration effective. The Owners shall not be required to join in the execution of any Supplemental Declaration but shall nevertheless be bound thereby. Section 36. "TURNOVER DATE" shall mean the date upon which "Class A Members" (as defined in Article V.D.1 of the Articles), including Declarant, shall assume control of the Association and elect the Board as more particularly described in Article V.D.2 of the Articles. Section 37. "UNCOMPLETED LOT" shall mean a Lot on which the construction of a Home has not been completed thereon and for which no certificate of occupancy or equivalent therefore has been issued by the appropriate governmental agency. Section 38. "UNCOMPLETED LOT OWNER" shall mean the Owner of an Uncompleted Lot. ARTICLE II DESCRIPTION OF PARKSIDE VILLAGE Section 1. GENERAL PLAN OF DEVELOPMENT. Parkside Village is comprised of the Property, encompassing, or which will encompass, Lots and Association Property, all as more particularly defined by this Declaration and, in addition, lands which Declarant may add, but shall in no way be obligated to add, by one or more Supplemental Declaration(s). The Property initially declared hereunder is described in Exhibit "A" attached hereto. If fully developed, Parkside Village is planned to be comprised of twenty (20) Homes and Lots and the Association Property in accordance with this Declaration. The initial Property is planned to be comprised of sixteen (16) Homes and Lots and some Association Property. However, Declarant has reserved the right to modify its plan of development of Parkside Village and to add land to Parkside Village, and, therefore, the number of Lots within Parkside Village may increase. Declarant's general plan of development further contemplates that such Homes shall be whatever types of structures Declarant may ' choose which are in conformance with this Declaration. Declarant's general plan of development of Parkside Village may also include whatever facilities and amenities Declarant considers in its sole judgment to be appropriate to Parkside Village. The Additional Property will become a part of Parkside Village, if, and only if, Declarant in its sole discretion, adds all or a portion of the Additional Property to Parkside Village by recording a Supplemental Declaration to such effect. Declarant hereby reserves an easement for ingress and egress and for utilities and drainage over the Property for the benefit of the Additional Property. No such easements may be granted upon any portion of the Property upon which a Home exists. Unless and until the Additional Property is so added, the Additional Property shall not enjoy the benefits of any of the Association Property, nor shall the owner or owners of the Additional Property have any right to access to and from the Additional Property through any entry feature or other portion of the Property. MIA:56554:1 6 Declarant expressly reserves the right as to the Property, to (i) commence construction and development of the Property if and when Declarant desires; (ii) develop the Property upon such timetable as Declarant, in its sole discretion, chooses; and (iii) modify the plan of development of the Property in such manner as it, in its sole discretion, chooses. Nothing contained herein shall be construed as obligating Declarant to construct Parkside Village according to the present plan of development nor as obligating Declarant to declare any portion of the Additional Property to be Property. Section 2. ASSOCIATION PROPERTY. The Association Property shall consist of the property indicated on the Plat and Additional Plat, if any, as Association Property or as property reserved for or dedicated to the Association. The Association Property shall be used for recreational and social purposes as well as other proper purposes by the Association and the Owners and their family members, guests, invitees and lessees in accordance with the Parkside Village Documents. Association Property may not be altered, modified, removed or replaced by Owners or their family members, guests, invitees or lessees. The portions of Parkside Village described in this Section 2 shall constitute the Association Property and shall be used solely in accordance with the covenants impressed upon the Association Property as follows: (1) Recreation Facilities. No recreational facilities are planned at this time. The decision as to whether to construct any recreational facilities shall be in the sole discretion of Declarant. (2) Streets. Drives, Roads and /or Roadways. The "Streets," "Drives," "Roads" and/or "Roadways" are those portions of the Property designated as such on the Plat or Additional Plat, if any, as a street, drive, road or roadway, and which are reserved for or dedicated to the Association, but specifically excluding any street or roadway dedicated to the public on the Plat or Additional Plat, if any. The Streets, Drives, Roads and/or Roadways shall be used as private roads by Declarant, the Association and the Owners, their family members, guests, lessees and invitees in accordance with the provisions of this Declaration. The Streets, Drives, Roads and/or Roadways shall be maintained, administered and ultimately owned by the Association. Notwithstanding the foregoing, each Owner shall be responsible for the maintenance, repair and replacement of the driveway serving his or her Lot, including that portion of the driveway in a "Street," "Drive," "Road" and /or "Roadway," if any, unless the driveway was damaged by the Association in the fulfillment of its obligations and duties under this Declaration. (3) Landscaped Areas or Grassed Areas. The "Landscaped Areas" and "Grassed Areas" are those portions of the Property designated as such and/or as common areas on the Plat or Additional Plat, if any, as open space, and are to be used, kept and maintained as such by Declarant, the Association, and the Owners within Parkside Village, their family members, guests, lessees and invitees, in accordance with the provisions of this Declaration. The Landscaped Areas and Grassed Areas shall not include those portions of a Lot which the Owner thereof is required to maintain pursuant to this Declaration. The Landscaped Areas and Grassed Areas shall be ultimately owned by the Association and shall be administered and maintained by the Association in accordance with the appropriate governmental agencies. In addition to the Landscaped Areas and/or Grassed Areas within the Property, the Association shall be responsible for the maintenance of the perimeter MIA:56554:1 7 walkway running east and west along the northern boundary of the Property, and north and south along the western boundary of the Property, as well as the adjoining landscaping and lighting. The Association shall be responsible for the costs of such maintenance, exclusive of utility costs. (4) Street Lights. its. The "Street Lights" and any associated facilities placed within the Property are or shall be installed, repaired, replaced, relocated, maintained and owned by the Association or the public utility responsible therefor, but the Association is responsible to pay all fees associated with such installation, repair, replacement and maintenance, and for the furnishing of electricity thereto. (5) Decorative Street Lights. Declarant reserves the right, but shall not be obligated, to install "Decorative Street Lights" in or near. the Entranceway (as such term is defined herein) to Parkside Village. The Decorative Street Lights shall be installed, repaired, replaced. relocated, maintained and owned by the Association. (6) Entranceway and Entry Gates. Parkside Village may include entry gates installed by Declarant or the Association. Such entranceway and/or entry gates shall be deemed Association Property and shall be maintained, repaired or replaced by the Association and the expense thereof shall be included as an Operating Expense. The guardhouse, if any, may or may not be staffed, as determined in the sole discretion of the Association. All other portions of the entranceway shall also be owned and maintained by the Association. The owner or owners of the Additional Property shall have no right to utilize any such entranceway and/or entry gates unless and until such Additional Property is added to the Property by Supplemental Declaration in accordance with the provisions of this Declaration. Neither Declarant nor the Association makes any representations whatsoever as to the security of the premises or the effectiveness of any entry gates. All Owners agree to hold Declarant and the Association harmless from any loss or claim arising within the Property from the occurrence of a crime or other act. The Owners acknowledge that any entry gates are designed to deter crime, not prevent it. (7) Buffers. The "Buffers ", if any, are those portions of the Property, not included within a Lot, which run along the outer perimeter of the Property and are designated as such on the Plat or Additional Plat, if any, as Buffers. In order to preserve the aesthetic image of Parkside Village and to help maximize the Owners' use and enjoyment thereof, no Improvements, landscaping or other additions are permitted within the Buffers without the prior written consent of the Committee (as hereinafter defined) and appropriate governmental agencies. (8) Drainage System. The Drainage System within Parkside Village, as shown on the Plat, or Additional Plat, if any, is a private drainage system. The Association shall be responsible for all costs associated with all cleaning, maintenance, repair and replacement of any portion of the Drainage System necessary to maintain the system in its original condition and use. (9) Right to Add Additional Improvements. Such portions of the Association Property upon which Declarant has constructed, or hereafter constructs, Improvements shall be kept and maintained for use in a manner consistent with the nature of such Improvements located, or to be located, thereon. Declarant reserves the right, but shall not be obligated, to construct additional facilities upon the Association Property. The decision as to whether to construct additional facilities and the erection thereof shall be in the sole discretion of Declarant. MIA:56554:1 Section 3. COSTS. All costs associated with operating, maintaining, repairing and replacing the Association Property shall be the obligation of the Association. The Association Property shall be conveyed to the Association in accordance with the provisions of Article III, Section 6 hereof. Section 4. PRIVATE USE. For the term of this Declaration, the Association Property is not for the use and enjoyment of the public, but is expressly reserved for the private use and enjoyment of Declarant, the Association, and the Owners, and their family members, guests, invitees and lessees, but only in accordance with this Declaration. A. Notwithstanding anything in this Declaration to the contrary, however, Declarant hereby expressly reserves the right to use the Association Property in connection with the sale and marketing by Declarant of Homes in Parkside Village and any communities developed or to be developed by Declarant or its affiliates, including, but not limited to, the holding of sales and marketing meetings, engaging in sales promotions and related sales and marketing activities. B. Except to the extent herein provided, the Association Property shall be for the sole and exclusive use of the Owners and residents of Parkside Village and their family members, guests, invitees and lessees. C. The administration, management, operation and maintenance of the Association Property shall be the responsibility of the Association, all as is provided herein and in the Parkside Village Documents. D. The right to use the Association Property shall be subject to the rules and regulations established by the Association. Section 5. PRIVACY FENCES AND HEDGES. Certain of the Lots within Parkside Village may have privacy fences installed by Declarant ( "Privacy Fences ") on or along their rear and/or side lot lines, with hedges planted by Declarant on either or both sides of such Privacy Fences ( "Hedges "). The Privacy Fences and Hedges, if located on Association Property outside of a Lot, are the maintenance, repair and replacement obligation of the Association, except as otherwise provided in Article X, Section 16 herein, and may not be altered in any way or removed by the Owner of the Lot. Any such Privacy Fences and Hedges located within a particular Lot, shall be maintained, repaired and replaced by the Owner of such Lot(s). Section 6. MODEL ROW. Declarant hereby reserves the right to construct and/or operate a "model row(s)" in Parkside Village. The "model row(s)" may contain a model or models for Parkside Village or other communities, as Declarant and/or any of Declarant's affiliates may so determine, in their sole discretion. The "model row(s)" may also contain parking, landscaping and fencing across Streets, Drives, Roads and/or Roadways as Declarant may determine in its sole discretion. In the event that Declarant and/or any of Declarant's affiliates constructs a "model row(s)" in Parkside Village, such "model row(s)" may be used for such period of time that Declarant and /or any of Declarant's affiliates determines to be necessary. By his acceptance of a deed for a Lot in Parkside Village, each Owner agrees and acknowledges that: (i) Declarant and/or any of Declarant's affiliates have a right to construct and/or operate a "model row(s)"; (ii) Declarant and/or any of its affiliates have an easement over Parkside Village for ingress and egress to*and from the "model row(s)" and to use and show the models to prospective purchasers in Parkside Village or other communities being developed by Declarant and/or any of Declarant's affiliates, as long as such MIA :56559:1 9 "model row(s)" exists; and (iii) he shall not interfere in any manner whatsoever in the sales process by Declarant and/or any of its affiliates, including the carrying of signs or other types of demonstrations in Parkside Village or any public right -of -way adjacent to the Property. Each Owner acknowledges that any such activities interfere with the quiet enjoyment of Parkside Village by the other Owners, are detrimental to the value of the Homes within Parkside Village and interfere with the Declarant's ability to conduct its business. ARTICLE III ADDITIONS TO AND WITHDRAWALS FROM THE PROPERTY; CONVEYANCE OF ASSOCIATION PROPERTY Section 1. ADDITIONS. Declarant may from time to time, in its sole discretion, by recording appropriate Supplemental Declaration(s) in the Public Records of the County, add the Additional Property (with the joinder of the fee owner(s) thereof if other than Declarant) or any other real property to the Property governed by this Declaration, and may declare all or part of such Additional Property or other property (including any Improvements thereon) to be Lots or Association Property. Upon the recording of a Supplemental Declaration, the property described therein shall be deemed part of the Property as if it were originally included therein and subject to this Declaration. Any such Supplemental Declaration may submit the Additional Property or any other real property to such modifications of the covenants and restrictions contained in this Declaration as may be necessary or convenient to reflect or adapt to any changes in circumstances or differences in the character of any such Additional Property or other property. Nothing contained in this Section shall be construed to require the joinder by or entitle a right to consent by Owners or the Association to any such Supplemental Declaration; provided, however, the Association shall join in the execution of any such Supplemental Declaration at the request of Declarant. Section IA. AUTOMATIC INCORPORATION OF ADDITIONAL PROPERTY. Notwithstanding anything to the contrary set forth hereinabove or elsewhere in this Declaration, the Additional Property described in Exhibit "A -1" shall be and become incorporated in and made part of the Property and shall be deemed submitted to the terms and provisions of this Declaration, without further Supplemental Declaration, forthwith upon the earlier to occur of (i) the destruction of such portion of the improvements currently located on the Additional Property consisting of a one -story single family residence, whether by natural causes or otherwise, such that the improvements are not habitable, and repair has not been commenced within ninety (90) days of the event causing the damage and diligently continued without a break of not more than thirty (30) days until completed, provided that said ninety (90) day period shall be extended for such reasonable period as is necessary to complete adjustment of the loss if the damage is covered by insurance; or (ii) conveyance of all or any portion of the Additional Property by the current owners, Joseph Shaw and Alice Shaw, his wife, ( "Shaw "), or (iii) when the Additional Property is no longer occupied as a single- family residence. Prior to such occurrence, neither the Shaws nor any resident of the Additional Property shall have access through, nor shall Shaw or such resident be entitled to the use or enjoyment of any portion of Property, including streets and common areas, nor shall the owners of individual lots within the Property have any right of access through or use and enjoyment of any portion of the Additional Property. Upon the first to occur of the foregoing, the Additional Property shall be deemed to be fully incorporated in and made part of the Property and be subject to all rights and obligations imposed by this Declaration, including maintenance and assessment obligations. Furthermore, the then owner of the Additional Property shall be required to cause the subdivision MIA:56554:1 10 improvements shown on the Plat with respect to the Additional Property to be promptly completed at said owner's sole cost and expense. Shaw has joined in the execution of this Declaration solely for the purpose of acknowledging, covenanting, confirming and agreeing to be bound by the foregoing provisions of this Article III, Section I A, on behalf of Shaw and their heirs, personal representatives, successors and assigns, which provisions with respect to the Additional Property, shall be deemed a covenant running with the land. Section 2. DESIGNATION OF ADDITIONAL ASSOCIATION PROPERTY. The Declarant may, from time to time, by recording Supplemental Declarations.in the County, designate additional portions of the then existing Property owned by it to be Association Property. Section 3. DISCLAIMER OF IMPLICATION. Only the real property described in Exhibit "A" hereto is submitted and declared as the Property subject to this Declaration. Unless and until a Supplemental Declaration is recorded in the fashion required pursuant to this Declaration, no other property (including the Additional Property) shall in any way be deemed to constitute a portion of the Property or be affected by the covenants and restrictions expressly binding the Property as provided by the terms of this Declaration. Section 4. ABSENCE OF OBLIGATION. Nothing in this Declaration shall be construed to require the Declarant to add the Additional Property to the Property encumbered by this Declaration or to require it to declare any portion of any properties added to the Property to be Association Property, nor shall anything in this Declaration be construed to require the Declarant to declare any portion or portions of the existing Property as Association Property, except to the extent herein specifically provided. Section 5. WITHDRAWAL. Notwithstanding anything herein to the contrary, Declarant reserves the absolute right at any time to withdraw portions of the Property from the provisions of this Declaration by recording an appropriate Supplemental Declaration in the County; provided, however, that such withdrawal of portions of the Property from the provisions of this Declaration are subject to the prior written approval of the Dade County Attorney's Office. Any such Supplemental Declaration must be executed by the Declarant, the Owner of each Lot located on the Property sought to be withdrawn (if any) and each holder of an Institutional Mortgage on a Lot located on the Property sought to be withdrawn (if any), in order to be effective. Nothing contained in this Section shall be construed to require the joinder or consent by Owners of Lots upon the portion of the Property which is not withdrawn by such Supplemental Declaration, such Owners, Institutional Mortgagees, or the Association. Section G. TITLE TO THE ASSOCIATION PROPERTY. To the extent herein provided, the Association Property is hereby dedicated to the joint and several use in common of the Owners of all Lots that may, from time to time, constitute part of the Property. When title to all Lots which are subject to the provisions hereof has been conveyed to non - Declarant purchasers, or five (5) years after the conveyance of the first Home and Lot to a non - Declarant purchaser, whichever occurs first, or earlier at Declarant's option exercisable from time to time, as to any portions of the Association Property, the Declarant or its successors and assigns shall convey and transfer to the Association, by quit claim deed, the fee simple title to the Association Property free and clear of any liens and the Association shall accept such conveyance, holding title for the Owners as aforestated. Such MIA:56554:1 conveyance shall be subject to any real estate taxes and assessments due with respect to such Association Property from and after the date of recording this Declaration; any covenants, conditions, restrictions, reservations and limitations then of record; the easements herein set out; an}, zoning ordinances then applicable; and this Declaration, as amended from time to time. At the time of conveyance of the Association Property or any portion thereof, the Association shall be required to accept such property and the personal property, if any, and Improvements appurtenant thereto. The Association hereby agrees to accept the Association Property and the personal property and Improvements appurtenant thereto in "AS IS" "WHERE IS" condition, without any representation or warranty, expressed or implied, in fact or by law, as to the condition or fitness of the Association Property or any portion thereof, and the personal property and Improvements appurtenant thereto. The Association shall accept this conveyance of the Association Property and shall pay all costs of such conveyance including documentary stamps and other taxes of conveyance, recording charges, title insurance expenses and insurance fees. The conveyance shall not, however, impair in any way the Declarant's rights and easements as set forth in this Declaration. Commencing upon the date this Declaration is recorded, and notwithstanding that title thereto has not yet been conveyed to the Association, the Association shall be responsible for the maintenance of the Association Property in a continuous and satisfactory manner without cost to the general taxpayers of the County. The Association shall be responsible for the payment of real estate taxes, if any, against the Association Property including taxes on any Improvements and any personal property thereon accruing from and after the date this Declaration is recorded. The Owners (including Declarant as to Lots owned by it) shall have no personal liability for any damages for which the Association is legally liable or arising out of or connected with the existence or use of any Association Property or any other property required to be maintained by the Association. Subject to the foregoing, the Declarant may mortgage any or all portions of the Association Property to finance construction and development expenses provided that the mortgagee recognizes the rights of Owners under this Declaration and neither the Association nor any Owner is personally liable for paying the mortgage. In such event, neither the Association nor the Owners shall be required to join in or be entitled to consent to such mortgage. The Association Property shall be released from any such mortgage no later than the date same is conveyed to the Association. Section 7. PARKING RIGHTS. The Association may maintain upon the Association Property parking spaces for Owners, occupants, visitors and guests. The use of any such parking spaces by Owners, occupants, visitors and guests shall be subject to duly adopted rules and regulations of the Association. ARTICLE IV OWNERS' PROPERTY RIGHTS Section 1. OWNERS' EASEMENTS OF ENJOYMENT. Every Owner and family member, guest, lessee, agent or invitee of an Owner shall have a permanent and perpetual, nonexclusive MIA :56554:1 12 easement for ingress and egress over, enjoyment in, and use of Association Property within the Property, in common with all other Owners, their family members, guests, lessees, agents and invitees, which easement shall be appurtenant to, and shall pass with title to each Owner's Lot. This right shall be subject to the following conditions and limitations: A. The right and duty of the Association to reasonably limit the number of guests, invitees or lessees of an Owner using the Association Property. B. The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining, repairing and replacing the Association Property and facilities thereon in compliance with the provisions of this Declaration and the restrictions on portions of the Property from time to time recorded by the Declarant. C. The right of the Association to establish uniform rules and regulations pertaining to the use of the Association Property. D. The right of the Association to establish uniform rules and regulations pertaining to the Lots for the purposes of enhancing the aesthetic uniformity of the Property. E. The right of the Association in accordance with its Articles, Bylaws, and this Declaration, with the vote or written assent of two - thirds (2/3) of the total voting interests, to borrow money for the purpose of improving the Association Property and facilities thereon, and, in aid thereof, to mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, provided that the rights of such mortgagee shall be subordinated to the use rights of the Owners. F. The right of the Association to dedicate, release, alienate, or transfer all or any part of the Association Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Owners. No such dedication, release, alienation, or transfer shall be effective, unless Members entitled to cast two- thirds (2/3) of the total voting interests agree to such dedication, release, alienation or transfer. G. The right of the Association to grant easements, rights -of -way or strips of land, where necessary, for utilities, sewer facilities, cable television, and other services over the Association Property to serve the Association Property and other portions of the Property without vote of the Owners. H. The right of the Declarant and Declarant's officers, directors, partners, employees, agents, licensees, and invitees to the nonexclusive use of the Association Property and the facilities thereon, without charge, for sales, display, access, ingress, egress, construction, and exhibit purposes. I. The right of the Association, by action of the Board, to reconstruct, replace, or refinish any Improvement or portion thereof upon the Association Property, in accordance with the original design, finish, or standard of construction of such Improvements, or of the general Improvements within the Association Property, as the case may be. MIA:56554:1 1 13 J. The right of the Association to replace destroyed trees or other vegetation and plant trees, shrubs, and ground cover upon any portion of the Association Property. K. The right, however not the duty, of the Association by action of the Board to seek the vacation of publicly dedicated streets, if any, upon the Property. L. The easements provided elsewhere in this Declaration, designated on the Plat, or on the Additional Plat, if any, including, but not limited to, those set forth in this Article IV. M. The rights of the Association to provide for the maintenance, preservation and architectural control of Lots and other properties as set forth in this Declaration. Section 2. DELEGATION OF USE. Any Owner may delegate, in accordance with the Bylaws, his or her right of enjoyment to the Association Property to the members of his or her family, or to the lessees who reside in his or her Home, subject to all of the rules and regulations presently in effect and any which may become effective in the future, and further subject to reasonable regulation by the Board. Section 3. RECOGNITION OF EXISTING EASEMENTS. Each Owner, by acceptance of a deed or other instrument of conveyance, recognizes and consents to the easements reserved and /or granted with respect to the Property under this Declaration. Section 4. EASEMENTS FOR VEHICULAR TRAFFIC. In addition to the general easements for use of the Association Property reserved herein, there shall be, and Declarant hereby reserves, grants, and covenants for itself and all future Owners, their family members, guests, invitees and lessees, Institutional Mortgagees of the Property (or portions thereof), and to the Association, that all of the foregoing shall have a perpetual nonexclusive easement for vehicular traffic over (i) all streets dedicated to the public use, if any (as well as alcoves, cul de sacs, and other private, paved areas abutting or serving the same), and (ii) any private Streets, Drives, Roads and /or Roadways within or upon the Property. Section 5. ACCESS EASEMENT. Declarant hereby reserves perpetual, nonexclusive easements of ingress and egress over and across (i) any and all streets dedicated to the public use, if any (as well as alcoves, cul de sacs, and other private, paved areas abutting or serving the same), and (ii) any private Streets, Drives, Roads and/or Roadways and driveways within or upon the Property and all other portions of the Property which are necessary or convenient for enabling Declarant to carry on the work referred to in this Declaration, which easements shall be for the use of the Declarant, Declarant's employees, contractors and agents, Declarant's successors and assigns, Owners, and the respective lessees, employees, agents, invitees, and licensees of Declarant and Owners. Section 6. GRANT AND RESERVATION OF EASEMENTS. Declarant hereby reserves and grants the following perpetual, nonexclusive easements over and across the Property as covenants running with the Property for the benefit of the Owners, the Association, and Declarant as hereinafter specified for the following purposes: A. Utility and Services Easements. All of the Property shall be subject to an easement or easements to provide for: (a) installation, service, repair and maintenance of the MIA:56554:1 14 equipment required to provide utility services to the Association Property and the Lots, including, but not limited to, power, electric transmission, light, telephone, cable T.V., gas, water, sewer and drainage, and (b) governmental services, including, but not limited to, police, fire, health, sanitation and other public service personnel, including reasonable rights of access for persons and equipment necessary for such purpose for the benefit of the appropriate utility companies, agencies, franchises or governmental agencies. B. Easement for Encroachment. All of the Property shall be subject to an easement or easements for encroachment in favor of each Owner in the event any portion of his Home or appurtenant Improvements installed by Declarant such as a fence or underground footer now or hereafter encroaches upon any of the Lots as a result of minor inaccuracies in survey or construction, by design, or due to settlement or movement. Such encroaching Improvements installed by Declarant shall remain undisturbed for so long as the encroachment exists. Any easement for encroachment shall include an easement for the maintenance and use of the encroaching Improvements in favor of the Owner thereof or his designees. C. Zero Lot Line Maintenance Easements. (1) Preamble: Certain of the Homes in Parkside Village may be designed and site planned as "zero lot line" homes, so that such Home is constructed in such a way that all or portions of one side of such Home (and such fences or masonry walls extending from such side or sides) are situated on the side boundary lines of the Lot, abutting another Lot. Because of this design, it is necessary to provide a means by which the Owner of a Lot ( "Dominant Lot ") containing such a Home may have access to the "zero lot line" sides of the Home (and other portions of his Lot and Home) in order to maintain portions of the Lot, the side of the Home, the roof and other applicable portions of the Home and Lot, and so that rain water may run off the roof of a particular Home onto the easement area described below. Because such access must be, of necessity, over those portions of the neighboring Lot or Lots ( "Servient Lot(s)") adjacent to the "zero lot line" side(s) of such a Home, Declarant hereby makes provision for the "Maintenance Easements" declared and regulated pursuant to this Section 6 (as well as similar easements for the aforesaid purposes which may, but need not, appear on the Plat). (2) Creation and Extent of Maintenance Easement: Declarant hereby reserves a permanent and perpetual non- exclusive maintenance easement in favor of each Dominant Lot over the unimproved portion of the Servient Lot(s) adjacent to the building lines of any "zero lot line" Home located on the Dominant Lot, which building lines are co- extensive with the Lot lines dividing the aforesaid Lots ( "Maintenance Easement "). Any of said Maintenance Easement shall be appurtenant to and pass with the title of the Dominant Lot and the Servient Lot(s). Any Maintenance Easement shall be only as extensive as reasonably necessary to permit the Owner of a Dominant Lot to make the uses described in the Preamble above, subparagraph (3) below and for rainwater run -off but in no event, less than the greater of seven (7) feet in width or as may be otherwise shown as an access or similar easement on the Plat. (3) Use and Conditions of Maintenance Easement: Any Owner of a Dominant Lot, his guests, invitees, contractors, subcontractors, suppliers, laborers and other service personnel, shall be entitled to enter onto the appurtenant Maintenance Easement for purposes of maintaining, repairing and replacing portions of his Lot and Home including, without limitation, the Home's walls, roof, fence, landscaping and other installations which cannot be conveniently or MIA:56554:1 15 properly maintained, repaired or replaced solely from the Dominant Lot. The right of each Owner of the Dominant Lot to use the Maintenance Easement shall be limited to the aforesaid uses and such Owner shall not do anything within the Servient Lot(s) which shall cause damage to the Servient Lot(s) or any Improvement or landscaping thereon which is not promptly and fully remedied by said Owner to return such damaged Improvement or landscaping to the condition immediately preceding said damage, shall create an undue hazard to persons or pets located on or coming into the Servient Lot(s) or is in furtherance of any activity as to the Dominant Lot or the Home thereon which is, or would result in, a violation of the restrictions set forth in the Parkside Village Documents. The Owner of the Dominant Lot shall, by virtue of making use of any Maintenance Easement, be deemed to indemnify the Owner of a Servient Lot for any and all losses, costs, expenses or damage to any person or property incurred by reason of the former's violations of the restrictions contained herein. (4) Servient Lot Owner Duties: Owners of Servient Lots shall not make any improvement to the Servient Lot, including, without limitation, the placement of fences or landscaping, which would unreasonably interfere with the permissible uses of any maintenance or access easement appurtenant to the adjoining Dominant Lot reserved hereby. (5) Reciprocity: Each Owner, by acceptance of a deed for a Lot containing a "zero lot line" Home, hereby acknowledges and agrees that such Owner's Lot may not only be a Dominant Lot having rights across adjacent Servient Lots as hereinbefore described but also a Servient Lot encumbered by the easement rights hereinbefore described in favor of the Dominant Lots adjacent to such Lot. D. Easement to Enter Upon Lots. An easement or easements for ingress and egress in favor of the Association, including the Board or the designee of the Board, to enter upon the Lots for the purposes of fulfilling its duties and responsibilities of ownership, maintenance and/or repair in accordance with the Parkside Village Documents, including, by way of example, the making of such repairs, maintenance or reconstruction as are necessary for the Association Property, and Privacy Fences and Hedges, if any, and to maintain any Lot in the event the Owner thereof fails to do so. E. Easement Over Association Property. An easement of enjoyment in favor of all Owners, their family members, guests, invitees and lessees in and to the Association Property which shall be appurtenant to and shall pass with title to every Lot in the Property, subject to the following: (1) the right of the Association to suspend the right to use the Association Property of any Owner for any period during which Assessments against his Lot remain unpaid, subject to the notice and hearing provisions in Article X, Section 1 herein; (2) the right of the Association to grant permits, licenses and easements over the Association Property for utilities and other purposes reasonably necessary or useful for the proper maintenance or operating of the Property; and (3) all provisions set forth in the Parkside Village Documents. MIA:56554:1 16 F. Easement for Roof Overhang. An easement or easements to provide for the roof overhang of a Home in favor of the Owner thereof, including rights of access for persons or equipment necessary to maintain, repair and replace such roof overhang. G. Drainage and Irrigation Easement. An easement for drainage, flowage and irrigation over, under and upon the Property, including each of the Lots, in favor of the Association and each of the Owners, including, but not limited to, reasonable rights of access for persons and equipment to construct, install, maintain, alter, inspect, remove, relocate and repair the water drainage system, flowage pipes and irrigation pipes. H. Drainage System Encroachment Easement. An easement for encroachment over, under and upon the drainage easements located within the Lots, as designated on the Plat and Additional Plat, if any, in favor of (i) the Owner of the Lot upon which the drainage easement is located for the existence of any driveway and/or sidewalk or irrigation system or part thereof, and (ii) the Association for reasonable rights of access for persons and equipment to construct, install, maintain, alter, inspect, remove, relocate and repair any driveway and/or sidewalk, or irrigation system or part thereof installed or located thereon. In the event the Association requires access to any Drainage System improvements within a drainage easement located within a Lot upon which any such driveway and/or, sidewalk or irrigation system encroaches, the Association has the obligation, at its own cost and expense, to remove and replace any such encroachment, and to return it to its condition immediately preceding such removal and replacement once access to the drainage easement is no longer required. The flowage easements providing for drainage run between each of the Lots parallel to and over the side lot line thereof, draining from the rear to the front of the Lots. Section 7. ASSIGNMENTS. The easements reserved hereunder may be assigned by Declarant or the Association in whole or in part to any city, County or state government or agency thereof, or any duly licensed or franchised public utility, or any other designee of Declarant. The Owners hereby authorize Declarant and/or the Association to execute, on their behalf and without further authorization, such grants of easement or other instruments as may from time to time be necessary to grant easements over and upon the Property or portions thereof in accordance with the provisions of this Declaration. Notwithstanding anything in this Declaration to the contrary, all easement rights reserved or granted to Declarant shall terminate upon Declarant no longer holding title to any Lot or Home on the Property or holding a leasehold interest to any Lot or holding a mortgage on a Lot or Home on the Property. In addition, the easement rights granted or reserved by Declarant hereunder are not to be construed as creating an affirmative obligation to act on the part of Declarant. ARTICLE V MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION: BOARD; DURATION OF THE ASSOCIATION Section 1. MEMBERSHIP AND VOTING RIGHTS. Membership in the Association shall be established and terminated as set forth in the Articles. Each Member shall be entitled to the benefit of, and be subject to, the provisions of the Parkside Village Documents. The voting rights of the Members shall be as set forth in the Articles. MIA:56554:1 17 Section 2. BOARD. The Association shall be governed by the Board which shall be appointed, designated or elected, as the case may be, as set forth in the Articles. Section 3. DURATION OF ASSOCIATION. The duration of the Association shall be perpetual, as set forth in the Articles. ARTICLE VI COVENANT TO PAY ASSESSMENTS: ESTABLISHMENT OF LIENS: COLLECTION OF ASSESSMENTS: COLLECTION BY DECLARANT: CERTAIN RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEES Section 1. AFFIRMATIVE COVENANT TO PAY ASSESSMENTS. In order to: (i) fulfill the terms, provisions, covenants and conditions contained in the Parkside Village Documents; and (ii) maintain, operate and preserve the Association Property for the use, safety, welfare and benefit of the Members and their family members, guests, invitees and lessees, there is hereby imposed upon each Completed Lot and Uncompleted Lot and each Completed Lot Owner and Uncompleted Lot Owner the affirmative covenant and obligation to pay to the Association commencing from and after the first conveyance of a Home from Declarant as evidenced by the recordation of a Deed in the Public Records of the County (in the manner herein set forth) all Assessments, including, but not limited to, the Individual Lot Assessments and Special Assessments. Each Owner by acceptance of a deed or other instrument of conveyance conveying a Lot within the Property, whether or not it shall be so expressed in such deed or instrument, shall be obligated and agrees to pay to the Association all Assessments in accordance with the provisions of the Parkside Village Documents. The following expenses of the Association are hereby declared to be Operating Expenses which the Association is obligated to assess and collect, and which the Owners are obligated to pay as provided herein or as may be otherwise provided in the Parkside Village Documents: (1) any and all taxes and tax liens which may be assessed or levied at any and all times against the Association Property or against any and all personal property or Improvements thereon; (2) all charges levied for utilities providing services for the Association Property, such as water, gas, electricity, telephone, cable television, sanitation, sewer and any type of utility or any other type of service charge which is not separately billed to an Owner; (3) the premiums on policies of insurance including, but not limited to, liability, casualty and directors and officers liability insurance for the Association Property; (4) any sums necessary for the maintenance and repair of the Association Property and all Improvements located thereon (inclusive of the perimeter walkway and adjoining landscaping and lighting referred to in Article II, Section 2(3) of this Declaration); (5) administrative and operational expenses; and (6) any and all expenses deemed to be Operating Expenses by the Association. Reserves for replacements are specifically excluded from Operating Expenses. The Board may, if it so determines, include reserves in the Association's annual budget; however, reserves are not part of Operating Expenses. In addition, any expense which is required by the Declaration to be the matter of a Special Assessment shall not be deemed to be an Operating Expense. Expenses which are required to be the matter of a Special Assessment include, by way of example but not by way of limitation, the following: the cost of reconstructing, replacing or improving the Association Property or any portion thereof or Improvements thereon; any casualty loss affecting the Association or the Association Property to the extent such loss exceeds the insurance proceeds, if any, receivable by the Association as a result of such loss, any judgment against the Association (or against a Director or Directors if and to the extent such Director is, or such Directors are, entitled to be indemnified by the Association therefor pursuant to the Articles) MIA:56554 :1 18 to the extent such judgment exceeds the insurance proceeds, if any, received by the Association as a result of such judgment, or an agreement by the Association (or such Director or Directors to whom indemnification is owed) to pay an amount in settlement of a lawsuit against it (or such Director or Directors) to the extent such settlement exceeds the insurance proceeds, if any, received by the Association as a result of such settlement agreement; and legal fees and costs (including, without limitation, attorneys and paralegal fees and court costs) incurred by the Association in connection with litigation (whether incurred for the preparation, filing, prosecution or settlement thereof or otherwise), except Legal Fees incurred by the Association in connection with the collection of past due Assessments. The Operating Expenses with respect to the Association Property are payable by each Owner to the Association notwithstanding the fact that Declarant may not have as yet conveyed title to the Association Property to the Association. Section 2. ESTABLISHMENT OF LIENS. Each Assessment against a Lot, together with Interest thereon and costs of collection, including, but not limited to, Legal Fees, shall be the personal obligation of the Owner of such Lot. Any and all Assessments made by the Association in accordance with the provisions of the Parkside Village Documents with Interest thereon and costs of collection, including, but not limited to, Legal Fees, are hereby declared to be a charge and continuing lien upon each Lot against which each such Assessment is made. Said lien shall be effective only from and after the time of the recordation amongst the Public Records of the County of a written, acknowledged statement by the Association setting forth the amount due to the Association as of the date the statement is signed. Upon full payment of all sums secured by that lien, the party making payment shall be entitled to a satisfaction of the statement of lien in recordable form. Notwithstanding anything to the contrary herein contained, where an Institutional Mortgagee of record obtains title to a Lot as a result of foreclosure of its first mortgage or deed in lieu of foreclosure, such acquiror of title, its successors or assigns, shall not be liable for the share of Assessments pertaining to such Lot or chargeable to the former Owner thereof, as applicable, which became due prior to the acquisition of title as a result of the foreclosure or deed in lieu thereof, unless the Assessment against the Lot in question is secured by a claim of lien for Assessments that is recorded prior to the recordation of the mortgage which was foreclosed or with respect to which a deed in lieu of foreclosure was given. Section 3. COLLECTION OF ASSESSMENTS. In the event any Owner shall fail to pay any Assessment, or installment thereof, charged to such Owner within fifteen (1 S) days after the same becomes due, then the Association, through its Board, shall have any and all of the following remedies to the extent permitted by law, which remedies are cumulative and which remedies are not in lieu of, but are in addition to, all other remedies available to the Association: 1. To accelerate the entire amount of any Assessment for the remainder of the calendar year notwithstanding any provisions for the payment thereof in installments. 2. To advance on behalf of the Owner(s) in default funds to accomplish the needs of the Association up to and including the full amount for which such Owner(s) are liable to the Association and the amount or amounts of monies so advanced, together with Interest and all costs of collection thereof, including, but not limited to, Legal Fees, may thereupon be collected by the Association from the Owner(s) and such advance by the Association shall not waive the default. MIA:56554:1 19 3. To file an action in equity to foreclose its lien at any time after the effective date thereof as provided in Section 2 hereinabove. The lien may be foreclosed by an action in the name of the Association in like manner as a foreclosure of a mortgage on real property. 4. To file an action at law to collect said Assessment plus Interest and all costs of collection thereof, including, but not limited to, Legal Fees, without waiving any lien rights or rights of foreclosure in the Association. 5. To charge Interest on such Assessment from the date it becomes due, as well as a late charge of Twenty -Five dollars ($25) by the Association to defray additional collection costs. 6. To suspend the use rights of the Owner(s) in default to the Association Property, subject to the notice and hearing provisions in Article X, Section 1 herein. Section 4. COLLECTION BY DECLARANT. In the event for any reason the Association shall fail to collect the Assessments, Declarant shall at all times have the right (but not the obligation): (i) to advance such sums as the Association could have advanced as set forth above; and (ii) to collect such Assessments and, if applicable, any such sums advanced by Declarant, together with Interest and costs of collection, including, but not limited to Legal Fees. Section 5. RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEES TO PAY ASSESSMENTS AND RECEIVE REIMBURSEMENT. Declarant and any Institutional Mortgagee(s) shall have the right, but not the obligation, jointly or singly, and at their sole option, to pay any of the Assessments which are in default and which may or have become a charge against any Lot(s). Further, Declarant and any Institutional Mortgagees shall have the right, but not the obligation, jointly or singly, and, at their sole option, to pay insurance premiums or fidelity bond premiums or other required items of Operating Expenses on behalf of the Association where the same are overdue and where lapses in policies or services may occur. Declarant and any Institutional Mortgagees paying overdue Operating Expenses on behalf of the Association will be entitled to immediate reimbursement from the Association plus Interest and any costs of collection including, but not limited to, Legal Fees, and the Association shall execute an instrument in recordable form to this effect and deliver the original of such instrument to each Institutional Mortgagee who is so entitled to reimbursement and to Declarant if Declarant is entitled to reimbursement. Section 6. CABLE TELEVISION SYSTEM. The Association shall have the right to enter into an agreement ( "Cable Agreement ") for cable television service ( "Cable Service ") for Homes in Parkside Village. Any and all costs and expenses incurred by the Association under or pursuant to any Cable Agreement(s) entered into by the Association for Cable Service will be assessed against all Completed Lot Owners. It is contemplated that the Cable Service may include features in addition to television reception such as, but not limited to, long distance telephone or other features. Notwithstanding anything to the contrary contained in this Declaration, the costs and expenses charged to the Association under the Cable Agreement shall be apportioned equally, but only amongst those Homes with respect to which the Association is being charged under or pursuant to the Cable Agreement except to the extent, if any, that any Owner elects to receive an "Optional Service" (being a service not automatically received by all Owners entitled to receive Cable Service pursuant to the Cable Agreement). Each Owner who receives an Optional Service, if any, shall be responsible for paying for the costs thereof. The foregoing shall in no way obligate Declarant or the Association to enter into a Cable Agreement. MIA:56554:1 20 Section 7. MONITORED ALARM SYSTEM. The Association shall have the right to enter into an agreement ( "Monitored Alarm Agreement ") for monitored alarm service ( "Monitored Alarm Service ") for Homes in Parkside Village. Any and all costs and expenses incurred by the Association under or pursuant to any Monitored Alarm Agreement(s) entered into by the Association for Monitored Alarm Service will be assessed against all Completed Lot Owners. It is contemplated that the Monitored Alarm Service may include features in addition to perimeter monitored alarm services such as, but not limited to, a smoke/heat detection system, push button panels for emergency calls or other features. Notwithstanding; anything to the contrary contained in this Declaration, the costs and expenses charged to the Association under the Monitored Alarm Agreement shall be apportioned equally but only amongst those Homes with respect to which the Association is being charged under or pursuant to the Monitored Alarm Agreement except to the extent, if any, that any Owner elects to receive an "Optional Service" (being a service not automatically received by all Owners entitled to receive Monitored Alarm Service pursuant to the Monitored Alarm Agreement). Each Owner who receives an Optional Service, if any, shall be responsible for paying for the costs thereof. The foregoing shall in no way obligate Declarant or the Association to enter into a Monitored Alarm Agreement. Section 8. CENTRAL IRRIGATION SYSTEM. The Declarant shall have the right to install a central irrigation system using reclaimed water provided by the County for any or all of the Lots within Parkside Village. In the event Declarant installs a central irrigation system for any or all of the Lots within Parkside Village, the responsibility for operating and maintaining such system shall be governed by the provisions of Section LB of Article IX below. The foregoing shall in no way obligate Declarant to install a central irrigation system using reclaimed water within any or all of the Lots within Parkside Village. ARTICLE VII METHOD OF DETERMINING ASSESSMENTS AND ALLOCATION OF ASSESSMENTS Section 1. DETERMINING AMOUNT OF ASSESSMENTS. The total anticipated Operating Expenses for each calendar year shall be set forth in the budget ( "Budget ") prepared by the Board as required under the Parkside Village Documents. Based upon the level of service and upon the state of a Lot's development, the Owners of Completed Lots pay the Operating Expenses on a twenty to one ratio (20:1) compared to the Owners of Uncompleted Lots as set forth below. Therefore, the Completed Lot Owners and Uncompleted Lot Owners shall share the payment of the Operating Expenses on a ratio of twenty to one to one (20:1:1), respectively. The total anticipated Operating Expenses (other than those expenses which are properly the subject of a Special Assessment) shall be apportioned among the Lots by dividing the total anticipated Operating Expenses as reflected by the Budget, other than those Operating Expenses which are properly the subject of a Special Assessment (adjusted as hereinafter set forth), by the sum of (a) the product of the number of Completed Lots multiplied by twenty (20), and (b) the number of Uncompleted Lots, with the quotient thus arrived at being the "Individual Lot Assessment ". Each Completed Lot shall be subject to the Individual Lot Assessment multiplied by twenty (20), while each Uncompleted Lot shall be subject to an Individual Lot Assessment. Section 2. ASSESSMENT PAYMENTS. Individual Lot Assessments shall be payable quarterly, in advance, on the first day of January, April, July and October of each year, provided, MIA:56554:1 21 however, at the Association's option, Individual Lot Assessments may be payable monthly. Individual Lot Assessments, and the quarterly or monthly installments thereof, as well as all other Assessments provided for herein and all installments thereof will be adjusted quarterly, based on the status of the Lots as of the first day, of the quarter, by the Board to reflect changes in the number and status of the Completed Lots and Uncompleted Lots (thus apportioning all such Assessments and installments thereof among all Lots as they exist at the time such installment is due) or changes in the Budget or in the event that the Board determines that the Assessments or any installment thereof is either less than or more than the amount actually required. When a Completed Lot not in existence when the Assessment was determined ( "New Improved Lot ") comes into existence during a period with respect to which an Assessment or installment thereof has already been assessed, the New Improved Lot shall be deemed assessed the amount of such Assessment or installment thereof which was assessed against Completed Lots in existence at the time of such Assessment, prorated from the date the New Improved Lot comes into existence through the end of the period in question. If the payment of such Assessment or installment thereof was due at the time the New Improved Lot came into existence or prior thereto, said prorated amount thereof shall be immediately due and payable. Section 3. SPECIAL ASSESSMENTS. "Special Assessments" include, in addition to other Assessments designated as Special Assessments in the Parkside Village Documents and whether or not for a cost or expense which is included within the definition of "Operating Expenses," those Assessments which are levied for capital improvements which include the costs (whether in whole or in part) of constructing or acquiring Improvements for, or on, the Association Property or the cost (whether in whole or in part) of reconstructing or replacing such Improvements. It is recognized and declared that Special Assessments shall be in addition to, and are not part of, any Individual Lot Assessment. Any Special Assessments assessed against Lots and the Owners thereof shall be paid by such Owners in addition to any other Assessments. Special Assessments shall be assessed in the same manner as the Individual Lot Assessment. Special Assessments shall be paid in such installments or in a lump sum as the Board shall, from time to time, determine. Notwithstanding the foregoing, the levying of any Special Assessment after the "Turnover Date" (as defined in the Articles) shall require the affirmative assent of at least two - thirds (2/3) of all Owners represented in person or by proxy at a meeting called and held in accordance with the Bylaws. Prior to the Turnover Date, a Declarant- controlled Board may make a Special Assessment without such vote of the Owners. Special Assessments are not included in the Guarantee set forth in Section S below. Section 4. LIABILITY OF OWNERS FOR INDIVIDUAL LOT ASSESSMENTS. By the acceptance of a deed or other instrument of conveyance of a Lot in the Property, each Owner thereof acknowledges that each Lot and the Owners thereof are jointly and severally liable for their own Individual Lot Assessments and their applicable portion of any Special Assessments, as well as for any and all other Assessments for which they are liable, as provided for herein. Such Owners further recognize and covenant that they are jointly and severally liable with the Owners of all Lots for the Operating Expenses (subject to any specific limitations provided for herein such as, but not limited to, the limitation with respect to matters of Special Assessments and the limitations on the liability of Institutional Mortgagees and their successors and assigns). Accordingly, subject to such specific limitations, it is recognized and agreed by each Owner, for himself or herself and his or her heirs, executors, successors and assigns, that in the event any Owner fails or refuses to pay his Individual Lot Assessment or any portion thereof, or his respective portion of any Special Assessment or any other Assessment, then the other Owners may be responsible for increased Individual Lot Assessments or Special Assessments or other Assessments due to the nonpayment by such other Owner, and such increased Individual Lot Assessment or Special Assessment or other Assessment MIA:56554:1 22 can and may be enforced by the Association and Declarant in the same manner as all other Assessments hereunder as provided in the Parkside Village Documents. Section S. GUARANTEED ASSESSMENT DURING GUARANTEE PERIOD. Declarant covenants and agrees with the Association and the Owners that, for the period commencing with the date of recordation of this Declaration and ending upon the sooner to occur of the following: (i) the Turnover Date; or (ii) December 31, ( "Guarantee Period "), Declarant shall be excused from payment of its share of the Operating Expenses and Assessments related to its Lots (other than Special Assessments) and, in turn, that the Individual Lot Assessment will not exceed the dollar amount set forth in the initial budget of the Association ( "Guaranteed Assessment ") and that Declarant will pay the difference, if any, between (a) the Operating Expenses (other than those Operating Expenses which are properly the subject of a Special Assessment) incurred by the Association during the Guarantee Period, and (b) the amounts assessed as Guaranteed Assessments against Owners and the "Working Fund Contributions" set forth in Article VII, Section 7 herein which will be used to defray initial start-up expenses. The initial budget is based on a full build out of Parkside Village. Thus, during the Guarantee Period, Owners shall not be obligated to pay Assessments other than the Guaranteed Assessment, and, as to Owners, and Special Assessments and the Owners' respective Working Fund Contributions. Declarant hereby reserves the right to extend the Guarantee Period from time to time to a date ending no later than the Turnover Date at Declarant's sole election by providing written notice to the Association of such election at least thirty (30) days prior to the expiration of the Guarantee Period ( as same may have been previously extended). Declarant also reserves the right to increase the amount of the Guaranteed Assessment during any such extended Guarantee Period. Special Assessments are not included in the Guarantee. Special Assessments may include assessments for items such as capital expenditures or amounts needed to supplement repair expenses not covered by insurance. After the Guarantee Period terminates, each Owner shall be obligated to pay Assessments as set forth in Article VII, Section l hereof, and, at such time, Declarant shall be required to pay Assessments on any Lots it owns in the same manner as all other Owners. Section 6. DECLARANT'S GUARANTEED ASSESSMENT NOT THE OBLIGATION OF INSTITUTIONAI. MORTGAGEES. Notwithstanding anything to the contrary herein contained, it is specifically understood and declared that each Owner, by the acceptance of a deed or other instrument of conveyance of a Lot within the Property, shall be deemed to have acknowledged and agreed that no Institutional Mortgagee (other than Declarant) or any successor or assign of such Institutional Mortgagee, or any person acquiring title to any part of the Property by reason of the foreclosure or otherwise of an Institutional Mortgagee shall be deemed to have made, assumed or otherwise undertaken any covenants or obligations of Declarant: (i) to guarantee the level and /or duration of any Guaranteed Assessments provided for under any of the Parkside Village Documents; or (ii) to pay the difference between the actual Operating Expenses and the Guaranteed Assessments, if any, assessed against Lots and the Owners thereof during the Guarantee Period as may be provided for in any of the Parkside Village Documents; provided, however, that an Institutional Mortgagee may, at its option, determine to continue the obligation of Declarant to guarantee the amount of the Assessments as herein provided. Additionally, a successor Declarant shall not be deemed to guarantee the level and /or duration of any Guaranteed Assessments provided for under any of the Parkside Village Documents or be obligated or pay the difference between time actual Operating Expenses and the Guaranteed Assessments, if any, assessed against Lots and the Owners thereof MSA:56554:1 23 during the Guarantee Period unless such obligation is assumed in writing by such successor Declarant. Section 7. WORKING FUND CONTRIBUTION. Each Owner who purchases a Lot with a Home thereon from Declarant shall pay to the Association at the time legal title is conveyed to such Owner, a "Working Fund Contribution." The Working Fund Contribution shall be an amount equal to a two months' share of the annual Operating Expenses applicable to such Lot pursuant to the initial Budget (which may be different from the Budget in effect at the time of closing). The purpose of the Working Fund Contribution is to insure that the Association will have cash available for initial start-up expenses, to meet unforeseen expenditures or to acquire additional equipment and services deemed necessary or desirable by the Board. Working Fund Contributions are not advance payments of Individual Lot Assessments and shall have no effect on future Individual Lot Assessments, nor will they be held in reserve. Working Fund Contributions may be used to offset Operating Expenses, both during the Guarantee Period and thereafter. Section 8. WAIVER OF USE. No Owner, other than Declarant, may exempt himself or herself from personal liability for Assessments duly levied by the Association. No Owner may release the Lot owned by him from the liens and charges hereof either by waiver of the use and enjoyment of the Association Property and the facilities thereon or by abandonment of his Home. ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE Section 1. MEMBERS OF THE COMMITTEE. The Architectural Control Committee, sometimes referred to in this Declaration as the "Committee," shall consist of three (3) members. The initial members of the Committee shall consist of persons designated by Declarant. Each of said persons shall hold office until all Lots and Homes have been conveyed or at such earlier time as the Declarant may, at its sole option, elect. Thereafter, each new member of the Committee shall be appointed by the Board and shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee, other than those designated by the Declarant, may be removed at any time without cause. The Board shall have the sole right to appoint and remove all members of the Committee other than those designated by the Declarant. Section 2. REVIEW OF PROPOSED CONSTRUCTION. A. Subject to Paragraph B of this Section 2, no Improvements, including, by way of example and not by limitation, accessory structures, exterior lighting fixtures, brick pavers, stamped concrete, concrete flatwork, basketball goals, buildings, fences, walls, pools, roofs, gutters or rain spouts, antennae, aerials, microwaves, reception devices, mailboxes, external enclosures (including entry screen and patio screen enclosures), or landscaping (including hedges and massed plantings) shall be commenced, erected, installed, altered, modified, painted, planted, or maintained on the Property, including the Lots, nor shall any canopy, shutters, or window coverings be attached to or placed upon outside walls or roofs of any Home or building by any Owner other than Declarant, unless such Improvements have been reviewed by and received the written approval of the Conunittee. Any Owner desiring to make Improvements shall submit two (2) complete sets of plans and specifications prepared by an architect, landscape architect, engineer or other person determined MIA:56554:1 24 by the Committee to be qualified, showing the nature, dimensions, materials and location of the same. B. The Committee shall approve proposals of plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated will not be detrimental to the appearance of the surrounding area of the Property as a whole, and that the appearance of any structure affected thereby will be in harmony with the surrounding structures and is otherwise desirable. The Committee may also issue rules or guidelines setting forth procedures for the submissions of plans and specifications. If the proposed construction, alterations or additions are to a portion of the Improvements which the Association is obligated to maintain, said approval shall also be subject to approval by the Board. The Committee may condition its approval of proposals in such a manner as it deems appropriate and may require the submission of additional information prior to approving or disapproving such plans. C. The Committee shall have forty -five (45) days after delivery of all required materials to approve or reject any such plans and, if not approved within such forty -five (45) day period, such plans shall be deemed rejected, provided that, in any event, no such addition, construction or alteration shall be made by any Owner which is detrimental or inconsistent with the harmony, appearance or general scheme of the Property as a whole. D. Notwithstanding any provision in this Article to the contrary, the approval of the Committee shall not be required for any additions, changes or alterations within any Homes if such additions, changes or alterations are not visible from outside of such Homes. All changes and alterations shall be subject, independently, to all applicable governmental laws, statutes, ordinances, rules and regulations. E. Notwithstanding anything to the contrary herein contained, no construction, reconstruction, addition or alteration by Declarant shall require the prior approval or any certificate of consent of the Committee. Section 3. MEETINGS OF THE COMMITTEE. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time, by resolution unanimously adopted in writing, designate a Committee representative (who may, but need not, be one of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to Section 8 hereof. In the absence of such designation, the vote of any two members of the Committee shall constitute an act of the Committee. Section 4. NO WAIVER OF FUTURE APPROVALS. The approval of the Committee of any proposals of plans and specifications or drawings for any work done or proposed shall not be deemed to constitute a waiver of any right to withhold approval or consent to any identical or similar proposal subsequently or additionally submitted for approval or consent, whether such submission is by that applicant or another applicant. Similarly, the denial of approval by the Committee of any proposals of plans and specifications or drawings for any work done or proposed shall not be deemed to constitute a waiver of any right to approve or consent to any identical or similar proposal subsequently or additionally submitted for approval or consent, whether such submission is by that applicant or another applicant. MIA:56554:1 1.5 Section 5. COMPENSATION OF MEMBERS. The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder. Section 6. INSPECTION OF WORK. Inspection of work and correction of defects therein shall proceed as follows: A. Upon the completion of any work for which approved plans are required under this Article, the submitting party shall give written notice of completion to the Committee. B. Within thirty (30) days after written notice of completion, the Committee or its duly authorized representatives may inspect such Improvement. If the Committee finds such work was not done in substantial compliance with the approved plans, it shall notify the submitting party in writing of such noncompliance within such thirty (30) day period, specifying the particulars of noncompliance, and shall require the submitting party to remedy such noncompliance. C. If upon the expiration of fifteen (15) days from the date of such notification the submitting party shall have failed to remedy such noncompliance, notification shall be given to the Board in writing of such failure. Upon such notice and hearing, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If noncompliance exists, the submitting party shall remedy or remove the same within a period of not more than thirty (30) days from the date of announcement of the Board's ruling. If the submitting party does not comply with the Board's ruling within such period, the Board, at its option, may remove the Improvement, remedy the noncompliance, or proceed in court to enjoin compliance and the submitting party shall reimburse the Association, upon demand, for all expenses incurred in connection therewith, including Interest and Legal Fees. If such expenses are not promptly repaid by the submitting party to the Association, the Board shall levy an Assessment against such submitting party for reimbursement, and said Assessment shall constitute a lien upon the applicable Lot and Home with the same force and effect as liens for Operating Expenses. D. If, for any reason, notification is not given to the submitting party of acceptance within thirty (30) days after receipt of said written notice of completion from the submitting party, the Improvement and/or alteration shall be deemed to be in compliance with said approved plans. Section 7. NON - LIABILITY OF COMMITTEE MEMBERS. Neither the Committee nor any member thereof, nor its duly authorized Committee representative, nor Declarant, shall be liable to the Association or to any Owner or any other person or entity for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder, unless due to the willful misconduct or bad faith of a member and only that member shall have any liability. The Committee's review and approval or disapproval of plans submitted to it for any proposed Improvement shall be based solely on considerations of the overall benefit or detriment to the community as a whole. The Committee shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed - approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes. Furthermore, approval by the Committee of any plans and specifications does not excuse any Owner from also receiving approvals as required by all applicable governmental agencies. MIA:56554:1 26 Section 8. VARIANCE. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the Improvements for which the variance was granted. ARTICLE IX MAINTENANCE AND REPAIR OBLIGATIONS Section 1. BY THE ASSOCIATION. A. The Association, at its expense, shall be responsible for the maintenance, repair and replacement of all of the Improvements and facilities located upon the Association Property, as otherwise provided herein. Should any incidental damage be caused to any Home by virtue of the Association's failure to maintain the Association Property as herein required or by virtue of any work which may be done or caused to be done by Association in the maintenance, repair or replacement of any Association Property, the Association shall, at its expense, repair such incidental damage. The Association shall not, however, be responsible for any loss of use, any hardship, an Owner's time or any other consequential or punitive damages. B. The Association shall operate, maintain and repair a water sprinkler system constructed over, through and upon the Association Property as it shall deem appropriate. The Association shall be responsible for the costs of operation and maintenance of the sprinkler system (including any monthly fees and other costs of water usage), and the cost of repair or replacement to all or any part thereof. In the event Declarant installs a central irrigation system serving any or all the Lots, which system includes a central meter(s) which covers more than one (1) Lot, the Association shall be responsible to pay for the monthly fees and other costs of water usage on such Lots and shall apportion and assess such fees and costs against only such Lots as are being irrigated with water running through such central meter(s). There is hereby reserved in favor of the Association the right to enter upon the Association Property and any and all Lots for the purpose of operating, maintaining, repairing and replacing a water sprinkler system over, through and upon the Association Property and any of the Lots within the Property. C. The Association shall be responsible for the maintenance, repair and replacement of all private streets located upon the Association Property and there is hereby reserved in favor of the Association the right to enter upon any and all parts of the Association Property and Lots for such purpose. To the extent permitted by the appropriate governmental authority, the Association may, but shall not be obligated to, also provide maintenance of all city, County, district or municipal properties which are located within or in a reasonable proximity of the Property to the extent that their deterioration or unkempt appearance would adversely affect the appearance of the Property, including the right to enhance the landscaping in any public rights of way. D. Intentionally Omitted. MIA:56554:1 27 E. The Association shall be responsible for the maintenance, repair and replacement of any Privacy Fences and Hedges encompassed within the Lots, except as otherwise provided in Article X, Section 16 herein, and in Article II, Section 5. F. The Association, by action of its Board, may make minor and insubstantial alterations and Improvements to the Association Property having a cost not in excess of FIVE THOUSAND DOLLARS ($5,000). All other alterations and Improvements must first be approved by at least two- thirds (2/3) of all Owners represented in person or by proxy at a meeting called and held in accordance with the Bylaws. No alteration or Improvement may be made to the Association Property which materially and adversely affects the rights of the Owner of any Lot to the enjoyment of his Lot or the Association Property unless the Owner and all mortgagees holding recorded mortgages on such Lot consent thereto in writing. G. All expenses incurred by the Association in connection with the services and maintenance described in Paragraphs A through E, inclusive, are Operating Expenses, payable by each Owner under the provisions of this Declaration concerning Assessments. Should the maintenance, repair or replacement provided for in Paragraphs A through D of this Section 1 be caused by the negligence or misuse by an Owner, his or her family, guests, servants, invitees, or lessees, such Owner shall be responsible therefor, and the Association shall have the right to levy an Assessment against such Owner's Lot and said Assessment shall constitute a lien upon the appropriate Lot and Home with the same force and effect as liens for Operating Expenses. H. The Association has the reasonable right of entry upon any Lot to make emergency repairs and to do other work reasonably necessary for the proper maintenance and operation of Parkside Village. Section 2. BY THE OWNERS. A. The Owner of each Lot must keep and maintain the Lot and the Improvements thereon, including equipment and appurtenances, in good order, condition and repair, and must perform promptly all maintenance and repair work within his Home which, if omitted, would adversely affect Parkside Village, the other Owners or the Association and its Members. The Owner of each Lot shall be responsible for any damages caused by a failure to so maintain such Lot and Home. The Owners' responsibility for maintenance, repair and replacement shall include, but not be limited to, all of the physical structure constructed in, upon or below the Lot, and physical items attached or connected to such structure that run beyond the boundary line of the Lot which exclusively service or benefit the Lot and Home. The painting, caulking and maintenance of the exterior surface of the walls, doors, windows and roof of the physical structure of the Home shall be done by the Owner, and, the exterior surface of such walls, doors, windows and roof shall at all times be maintained in a good and serviceable condition with no damage or other defect therein by the Owner. The Owner of a Lot further agrees to pay for all utilities, such as telephone, cable television, water (including water associated with irrigation, but only in the event the meter for such irrigation covers water irrigating only his Lot and adjacent Swale area), sewer, sanitation, electric, etc., that may be separately billed or charged to each Home. The Owner of each Lot shall be responsible for insect and pest control within the Lot and Home. Whenever the maintenance, repair and replacement of any items which an Owner is obligated to maintain, repair or replace at his own expense, is occasioned by any loss or damage which may be covered by any insurance maintained in force by the Association, the proceeds of the insurance received by the Association shall be used MIA:56554:1 28 for the purpose of making such maintenance,. repair or replacement, except that the Owner shall be, in said instance, required to pay such portion of the costs of such maintenance, repair and replacement as shall, by reason of the applicability of any deductibility provision of such insurance or otherwise, reduce the amount of the insurance proceeds applicable to such maintenance, repair or replacement. B. In addition to the above, Owners of all Homes shall be responsible to: fix leaks in and otherwise maintain and repair the roofs of their Homes; replace any dead or obviously dying trees on their Lots; and maintain, repair and replace any fences on their Lots. Owners shall be responsible for the lawn maintenance and care within their Lot. "Maintenance and care" within the meaning of this subsection shall include, by way of example and not of limitation, mowing, edging, fertilizing and spraying of lawns, maintenance of the irrigation system, replacement of sod and the trimming, fertilizing and spraying of any Hedge. Owners of Homes shall also clean, maintain and repair the driveways located on their Lots and keep the sidewalks located on their Lots clean. C. If a Home is damaged by fire or other casualty, its Owner shall properly and promptly restore it to at least as good a condition as it was before the casualty occurred. Any such work shall be in accordance with the original plans and specifications of the Home unless otherwise authorized by the Board and shall be otherwise subject to all provisions of Article VIII hereof. D. Each Owner shall keep his Home insured in an amount not less than its full insurable value against loss or damage by fire or other hazards. Evidence of such coverage shall be furnished to the Association promptly upon the Board's request. E. If an Owner fails to comply with the foregoing provisions of this Section 2, the Association may proceed in court to enjoin compliance. Further, if the failure to comply relates to the Owner's obligations to maintain insurance, the Association shall be entitled, although not obligated, to obtain the required coverage itself and to levy on the offending Owner an Assessment equal to the cost of premiums, and any such Assessment shall constitute a lien upon the applicable Lot and Home with the same force and effect as a lien for Operating Expenses. F. If a failure to comply with the provisions of this Section 2 relates to the Owner's obligation to maintain the Home, lawn and landscaping, then, in addition to the exercise of all other remedies, the Association shall have the right to secure those services necessary to correct such failure to comply and to impose the cost of such corrective action upon the noncomplying Owner. Section 3. DAMAGF, TO BUILDINGS. The Owner of any Home which has suffered damage may apply to the Committee for approval for reconstruction, rebuilding, or repair of the Improvements therein. The Committee shall grant such approval only if, upon completion of the work, the exterior appearance will be substantially similar to that which existed prior to the date of the casualty. If the obligation for repair falls upon the Association, the Committee approval will not be required prior to the commencement of such work, so long as the exterior appearance will be substantially similar to that which existed prior to the date of the casualty. The owner or owners of any damaged building-, the Association, and the Architectural Control Committee shall be obligated to proceed with all due diligence hereunder and the responsible parties shall commence reconstruction within three (3) months after the damage occurs MZA:56554:1 29 and complete reconstruction within one (1) year after the damage occurs, unless prevented by causes beyond his or its reasonable control. The Declarant shall be exempt from the provisions of this Section 3, provided that any such reconstruction, rebuilding or repairs made by the Declarant shall be consistent, as to the exterior appearance, with the Improvements as they existed prior to the damage or other casualty. ARTICLE X USE RESTRICTIONS All of the Property shall be held, used, and enjoyed subject to the following limitations and restrictions, and any and all additional rules and regulations which may, from time to time, be adopted by the Association: Section 1. ENFORCEMENT. Failure of an Owner to comply with any limitations or restrictions in this Declaration or any of the Park-side Village Documents or with any rules and regulations promulgated by the Association shall be grounds for action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. In addition to all other remedies and in the sole discretion of the Board, a fine or fines, in an amount to be set by the Board, which amount shall not exceed the maximum amount allowed by law at the time of the violation, may be imposed upon an Owner for failure of such Owner, his family, guests, invitees, lessees or employees to comply with any of the Parkside Village Documents, and use rights to the Association Property may be suspended with respect to any or all such persons, provided the following procedures are adhered to: A. Notice. The Association shall notify the Owner in writing of the noncompliance and set forth the corrective action to be taken. A fine or suspension may not be imposed without notice of at least fourteen (14) days to the Owner sought to be fined or suspended and an opportunity for a hearing before a committee of at least three (3) members appointed by the Board who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother or sister of an officer, director, or employees of the Association. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. B. Hearin-,. Should the Owner still be in noncompliance, the noncompliance shall be presented to the Board after which the Board shall hear reasons why a fine should or should not be imposed. -A written decision of the Board shall be submitted to the Owner, as applicable, not later than twenty -one (21) days after said meeting. C. Payment. A fine shall be paid not later than thirty (30) days after notice of the imposition of the fine. D. Fines. A fine shall be treated as an Assessment subject to the provisions of the collection of Assessments as otherwise set forth herein, and shall constitute a lien upon the applicable Lot and Home, with the same force and effect as a lien for Operating Expenses. All monies received from fines shall be allocated as directed by the Board, subject always to the provisions of this Declaration. A fine or suspension may not be imposed without notice of at least fourteen (14) days to the Owner sought to be fined or suspended and an opportunity for a hearing MIA:56554:1 30 before a committee of at least three (3) members appointed by the Board who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother or sister of an officer, director or employee of the Association. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. Section 2. NUISANCES. No obnoxious or offensive activity shall be carried on or about the Lots or in or about any Improvements, Homes, or on any portion of Parkside Village nor shall anything be done therein which may be or become an unreasonable annoyance or a nuisance to any Owner. No use or practice shall be allowed in or around the Homes which is a source of annoyance to Owners or occupants of Homes or which interferes with the peaceful possession or proper use of the Homes or the surrounding areas. No loud noises or noxious odors shall be permitted in any Improvements, Homes or Lots. Without limiting the generality of any of the foregoing provisions, no horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes), noisy or smoky vehicles, large power equipment or large power tools, unlicensed off -road motor vehicles or any items which may unreasonably interfere with television or radio reception of any Owner shall be located, used or placed on any Lot, or exposed to the view of other Owners without the prior written approval of the Board. Section 3. PARKING AND VEHICULAR RESTRICTIONS. Parking upon the Property shall be restricted to the drive and garage located upon each Lot and designated parking areas within the Association Property. No parking on the streets or swales is permitted. No Owner shall keep any vehicle on the Lots which is deemed to be a nuisance by the Board. No Owner shall conduct repairs taking more than twenty -four (24) hours (except in an emergency or except within the garage of the Home with the garage door closed) or restorations of any motor vehicle, boat, trailer, or other vehicle upon the Lots. No commercial vehicle, trailer, boat or boat trailer may be parked or stored on the Property except in the garage of a Home located upon a Lot. No bus or tractor - trailer or any other truck larger than a full -size pickup truck may be parked on the Property, except temporarily as in the case of a moving van or other such vehicle necessary to provide service to an Owner and with the exception of any vehicles necessary for any construction activity being performed by or on behalf of Declarant. Section 4. NO IMPROPER USE. No improper, offensive, hazardous or unlawful use shall be made of any Home nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to any person using any portion of the Property. All valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereover shall be observed. Violations of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereover, relating to any Home shall be corrected by, and at the sole expense of, the Home's owner. Section 5. LEASES. No portion of a Home (other than an entire Home) may be rented. All leases shall provide that the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this Declaration, the Articles, the Bylaws, applicable rules and regulations, or of any other agreement, document or instrument governing the Lots or Homes. The owner of a leased Home shall be jointly and severally liable with his tenant for compliance with the Parkside Village Documents and to the Association to pay any claim for injury or damage to property caused by the negligence of the tenant. Every lease shall be subordinated to any lien filed by the Association whether before or after such lease was entered into. MIA:56554:1 31 Section 6. ANIMALS AND PETS. Only common domesticated household pets may be kept on any Lot or in a Home, but in no event for the purpose of breeding or for any commercial purposes whatsoever. No other animals, livestock, reptiles or poultry of any kind shall be kept, raised, bred or maintained on any portion of the Property. Permitted pets shall only be kept subject to and in accordance with such rules and regulations as shall be promulgated from time to time by the Board. Under no circumstances may a pit bull be permitted on the Property. Any pet must be carried or kept on a leash when outside of a Home or fenced -in area. No pet shall be kept or permitted to remain outside of a Home or in any screened porch or patio, unless someone is present in the Home. An Owner shall immediately pick up and remove any solid animal waste deposited by his pet on the Property. An Owner is responsible for the cost of repair or replacement of any Association Property damaged by his pet. Each Owner who determines to keep a pet thereby agrees to indemnify the Association and Declarant and hold them harmless against any loss or liability of any kind or character whatsoever arising from or growing out of his or her having any animal on the Property. Section 7. ADDITIONS AND ALTERATIONS. No Home shall be enlarged by any addition thereto or to any part thereof, and no Owner shall make any improvement, addition, or alteration to the exterior of his Home, including, without limitation, the painting, staining, or varnishing of the exterior of the Home, including doors, garage doors, driveways and walkways, without the prior written approval of (i) the Committee as set forth in Article VIII of this Declaration, which approval may be withheld for purely aesthetic reasons, and (ii) all applicable governmental entities. Section 8. INCREASE IN INSURANCE RATES. No Owner may engage in any action which may reasonably be expected to result in an increase in the rate of any insurance policy or policies covering or with respect to any portion of the Property not owned by such Owner. Section 9. SLOPES AND TREES. No Owner may engage in any activity which will change the slope or drainage of a Lot. No additional trees are permitted to be planted on the Property without the prior written consent of Declarant for as long as Declarant owns a Lot, and thereafter without the prior written consent of the Board. Section 10. SIGNS. No sign, display, poster, or other advertising device of any kind may be displayed in public view of any portion of any building or other Improvement in the Property without the prior written consent of the Board. Signs, regardless of size, used by Declarant, its successors or assigns, for advertising during the construction and sale period of Parkside Village or other communities developed and/or marketed by Declarant or its affiliates and other signs authorized by Declarant shall be exempt from this Section. Such sign or signs as Declarant may be required to erect under the terms of an Institutional Mortgage shall be exempt from this Section. Section 11. TRASH AND OTHER MATERIALS. No rubbish, trash, garbage, refuse, or other waste material shall be kept or permitted on the Lots and/or Association Property, or other portions of the Property, except in sanitary, self - locking containers located in appropriate areas, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, offensive, detrimental or a nuisance to Owners or to any other property in the vicinity thereof or to its occupants. No clothing or other household items shall be hung, dried, or aired in such a way as to be visible from the Association Property or another Lot. No stripped vehicles, lumber or other building materials, grass, tree clippings, metals, scrap, automobile pieces or parts, refuse, or trash MIA:56554:1 JZ shall be stored or allowed to accumulate on any portion of the Property, (except when accumulated during construction by Declarant, during construction approved by the Committee, or when accumulated by the Association for imminent pick -up and discard). Section 12. TEMPORARY STRUCTURES. No tent, shack, shed or other temporary building or Improvement, other than separate construction and sales trailers to be used by Declarant, its agents and contractors, for the construction and sale of Parkside Village or other communities, shall be placed upon any portion of the Property, either temporarily or permanently. No trailer, motor home or recreational vehicle shall be: (a) used as a residence, either temporarily or permanently, or (b) parked upon the Property. Section 13. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, boring or mining operations of any kind shall be permitted upon or on any Lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 14. SEWAGE DISPOSAL. No individual sewage disposal system shall be permitted on any of the Property; provided that a central sewage disposal system is being operated in accordance with the requirements of the governmental regulatory body having jurisdiction over said central system. Section 15. WATER SUPPLY. No individual water supply system shall be permitted on any of the Property provided that a central water supply system is being operated in accordance with requirements of the governmental body having jurisdiction over said central system, except that wells are permitted for the irrigation of landscaping only, provided that a stain tank is installed in conjunction with the irrigation well. Section 16. FENCES. Any fence placed upon any Lot must be approved by the Committee, as provided in Article VIII hereof, prior to installation. In no event may a fence be placed in the area between the front of a Home and the Street, Drive, Road or Roadway at the front of the Lot on which the Home is situated. The Owner assumes complete responsibility to maintain the fence, including, but not limited to, trimming any grass, ivy or other plants from the fence. In the event the Committee approves the installation of a fence, it shall also have the right to require installation of landscaping, also subject to the committee's approval, at the time the fence is installed. Notwithstanding that an Owner has obtained the approval of the Committee to install a fence or landscape materials, as provided hereinabove, such installation shall be at the Owner's sole risk so long as Declarant has not yet begun or is engaged in the construction of a Home on an adjacent Lot. In the event such construction activity on an adjacent Lot causes damage to or destruction of such Owner's fence or landscape materials or any part thereof, the Owner on whose Lot the fence and/or landscaping has been damaged shall be required, at the Owner's expense, to repair or replace such fence and/or landscape materials in conformance with the requirements of the Committee's approval of the initial installation of the fence and/or landscape materials and Declarant shall have no liability for any such damage or. destruction. Such repair or replacement shall commence as soon as construction on the adjacent Lot has been completed and shall be pursued with due diligence. For purposes of this paragraph, the term "landscape materials" shall include landscape materials located MIA:56554:1 3 3 on or adjacent to any property line of a Lot, including, by way of example and not of limitation, hedges, shrubs and trees, whether associated with a fence or not. In addition, the installation of any fence placed upon any Lot is subject to easements which run with the land. In the event the grantee of any such easement which runs with the land (i.e., FPL), its successors and/or assigns, requires the removal of any fence upon the Lot, then the Owner of said Lot shall, at the Owner's sole cost and expense, immediately remove the fence. The Owner of a Lot in installing any fence upon the Lot shall comply with all valid laws, zoning ordinances and regulations of the city and County governmental bodies, as applicable, in addition to the Committee approval required by Article VIII hereof. In the event the Owner fails to properly maintain his Lot and /or Home pursuant to this subparagraph, then the Association or Declarant shall have the right but not the obligation, upon fifteen (15) days written notice, to enter the - property of the Owner for the purpose of performing the maintenance referred to, set forth and described in the notice. The determination of whether an Owner is failing to properly maintain and care for the property for which he has the maintenance responsibility shall be determined in the sole discretion of the Association or Declarant. Further, if failure to comply relates to the Owner's obligations to maintain and care for his property, the Association shall be entitled, but not obligated, to perform such maintenance and care itself and to levy on the offending Owner an Assessment equal to the cost of performing such maintenance and any such Assessment shall constitute a lien upon the applicable Lot and Home with the same force and effect as a lien for Operating Expenses. Section 17. ANTENNAE. No antennae, microwave receiving devices or satellite receiving devices shall be permitted to be placed or erected on any Lot or other portion of the Property. In the event applicable law requires that the Association permit any such device, such device shall be deemed an Improvement subject to all of the other requirements of the Declaration to the maximum extent permitted by law. Section 18. DECLARANT EXEMPTION. Declarant plans to undertake the work of constructing Homes and Improvements upon the Property and may undertake the work of constructing other buildings upon adjacent land or other property being developed or marketed by Declarant or its affiliates. The completion of that work and the sale, rental and other transfer of Homes is essential to the establishment and welfare of the Property as a residential community. In order that such work may be completed and a fully occupied community established as rapidly as possible, neither Owners, the Association, nor the Architectural Control Committee shall do anything to interfere with Declarant's activities. In general, the restrictions and limitations set forth in this Article shall not apply to the Declarant or to Lots owned by the Declarant. Declarant shall specifically be exempt from any restrictions which interfere in any manner whatsoever with Declarant's plans for development, construction, sale, lease, or use of the Property and to the Improvements thereon. Declarant shall be entitled to injunctive relief for any actual or threatened interference with its rights under this Article in addition to whatever remedies at law to which it might be entitled. MIA:56554:1 34 ARTICLE XI DAMAGE OR DESTRUCTION TO ASSOCIATION PROPERTY Damage to or destruction of all or any portion of the Association Property shall, notwithstanding any provision in this Declaration to the contrary, be handled as follows: A. If insurance proceeds are sufficient to effect total restoration of damaged or destroyed Association Property, then the Association shall cause such Association Property to be repaired and reconstructed substantially as it previously existed. B. If insurance proceeds are insufficient to effect total restoration, and the cost of restoration exceeds such proceeds by Twenty -Five Thousand Dollars ($25,000) or less, then the Association shall cause the Association Property to be repaired and reconstructed substantially as it previously existed and the difference between the insurance proceeds and the actual cost shall be levied as a Special Assessment proportionally against each of the Lots in accordance with the provisions of Articles VI and VII herein. C. If the insurance proceeds are insufficient to effect total restoration and the cost of restoration of the Association Property exceeds said proceeds by over Twenty -five Thousand Dollars ($25,000), then by the written consent or vote of a majority of the voting interests, they shall determine whether: (a) to rebuild and restore either: (i) in substantially the same manner as the Improvements existed prior to the damage or destruction; or (ii) in a manner less expensive; and in the event of (i) or (ii) to raise the necessary rebuilding and restoration funds by levying pro rata restoration and construction Special Assessments against all Lots; or (b) to not rebuild and to retain available insurance proceeds. In the event it is decided that the damaged or destroyed Association Property shall not be rebuilt, the remains of any structure or structures shall be torn down and hauled away, so as not to be a safety hazard or visual nuisance, and the land shall be fully sodded and landscaped or otherwise treated in an attractive manner. Notwithstanding anything contained herein to the contrary, no decision not to rebuild or to rebuild in a manner which would result in a change in the Improvements shall be effective without the prior written approval of Declarant as long as Declarant owns any portion of the Property. D. Each Owner shall be liable to the Association for any damage to the Association Property not fully covered or collected by insurance which may be sustained by reason of the negligence or willful misconduct of said Owner or of his or her family, lessees, invitees and guests, both minors and adults. E. In the event that the repairs and replacements were paid for by any Special Assessments as well as insurance proceeds and regular Assessments, then, if after the completion of and payment for the repair, replacement, construction or reconstruction there shall remain any excess in the hands of the Association, it shall be presumed that the monies disbursed in payment of any repair, replacement, construction and reconstruction were first disbursed from insurance proceeds and regular Assessments and any remaining funds shall be deemed to be the remaining Special Assessments which shall be returned to the Owners by means of a pro rata distribution in accordance with the collection of such Special Assessments. MIA:56554:1 35 ARTICLE XII INSURANCE AND CONDEMNATION The Association shall purchase and maintain the following insurance coverages subject to the following provisions, and the cost of the premiums therefor shall be a part of the Operating Expenses: Section 1. CASUALTY INSURANCE. Property and casualty insurance in an amount equal to the then full replacement cost, exclusive of land, foundation, excavation and other items normally excluded from such coverage, of all improvements and personal property which are owned by the Association and now or hereafter located upon the Association Property, which insurance shall afford protection against such risks, if any, as shall customarily be covered with respect to areas similar to the Association Property in developments similar to Parkside Village in construction, location and use. Section 2. PUBLIC LIABILITY INSURANCE. A comprehensive policy of public liability insurance naming the Association and, until Declarant's ownership of any Lot within the Property ceases, Declarant as named insureds thereof insuring against any and all claims or demands made by any person or persons whomsoever for personal injuries or property damage received in connection with, or arising from, the operation, maintenance and use of the Association Property and any Improvements located thereon, and for any other risks insured against by such policies with limits of not less than ONE MILLION DOLLARS ($1,000,000) for damages incurred or claimed by any one person for any one occurrence; not less than THREE MILLION DOLLARS ($3,000,000) for damages incurred or claimed by more than one person for any one occurrence; and for not less than FIFTY THOUSAND DOLLARS ($50,000) property damage per occurrence with no separate limits stated for the number of claims. The Association may also obtain worker's compensation insurance and other liability insurance including, but not limited to, insurance for lawsuits related to employment contracts in which the Association is a party, as it may deem desirable. Section 3. FIDELITY COVERAGE. Adequate fidelity coverage to protect against dishonest acts of the officers and employees of the Association and the Board and all others who handle and are responsible for handling funds of the Association shall be maintained in the form of fidelity bonds, which requirements shall be reasonably determined by the Board. Section 4. OTHER INSURANCE. The Board may obtain such other forms of insurance, as the Board may determine (including, by way of example and not of limitation, directors and officers liability coverage), and in such coverage amounts as the Board shall determine to be required or beneficial for the protection or preservation of the Association Property and any improvements now or hereafter located thereon or in the best interests of the Association and/or its officers and directors. Section 5. CANCELLATION OR MODIFICATION. All insurance policies purchased by the Association shall provide that they may not be canceled (including for nonpayment of premiums) or substantially modified without at least ten (10) days prior written notice to the Association and to each first mortgage holder, if any, named in the mortgage clause. Section FLOOD TNSURANCE. If determined appropriate by the Board or if required by an Institutional Mortgagee, a master or blanket policy of flood insurance covering the Association Property, if available under the National Flood Insurance Program, shall be purchased, which flood MIA:56554:1 .3V insurance shall be in the form of a standard policy issued by a member of the National Flood Insurers Association, and the amount of the coverage of such insurance shall be the lesser of the maximum amount of flood insurance available under such program, or one hundred percent (100 %) of the current replacement cost of all buildings and other insurable property located in the flood hazard area. Section 7. CONDEMNATION. In the event the Association receives any award or payment arising from the taking of any Association Property or any part thereof as a result of the exercise of the right of condemnation or eminent domain, the net proceeds thereof shall first be applied to the restoration of such taken areas and improvements thereon to the extent deemed advisable by the Board and approved by at least two- thirds (2/3) of the total voting interests, and the remaining balance thereof, if any, shall then be distributed pro rata to Owners and mortgagees of Lots as their respective interests may appear. Section S. WAIVER OF SUBROGATION. As to each policy of insurance maintained by the Association which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Owners, the Declarant and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any agreement of said persons, but only to the extent that such insurance proceeds are received in compensation for such loss. ARTICLE XIII GENERAL PROVISIONS Section 1. CONFLICT WITH OTHER PARKSIDE VILLAGE DOCUMENTS. In the event of any conflict between the provisions hereof and the provisions of the Articles and/or Bylaws and/or rules and regulations promulgated by the Association, the provisions of this Declaration shall control. Section 2. NOTICES. Any notice or other communication required or permitted to be given or delivered hereunder shall be deemed properly given and delivered upon the mailing thereof by United States mail, postage prepaid, to: (i) each Owner, at the address of the person whose name appears as the Owner on the records of the Association at the time of such mailing and, in the absence of any specific address, at the address of the Home owned by such Owner; (ii) the Association, certified mail, return receipt requested, at 1508 San Ignacio Avenue, Suite 200, Coral Gables, Florida 33146, or such other address as the Association shall hereinafter notify Declarant and the Owners of in writing; and (iii) Declarant, certified mail, return receipt requested, at 1508 San Ignacio Avenue, Suite 200, Coral Gables, Florida 33146, or such other address or addresses as Declarant shall hereafter notify the Association of in writing, any such notice to the Association of a change in Declarant's address being deemed notice to the Owners. Section 1 ENFORCEMENT. The covenants and restrictions herein contained may be enforced by Declarant (so long as Declarant holds an equitable or legal interest in any Lot and/or Home), the Association, any Owner and any Institutional Mortgagee holding a mortgage on any portion of the Property in any judicial proceeding seeking any remedy recognizable at law or in equity, including damages, injunction or any other form of relief against any person, firm or entity violating or attempting to violate any covenant, restriction or provision hereunder. The failure by any party to enforce any such covenant, restriction or provision herein contained shall in no event be deemed a MIA:56554:1 37 waiver of such covenant, restriction or provision or of the right of such party to thereafter enforce such covenant, restriction or provision. The prevailing party in any such litigation shall be entitled to all costs thereof including, but not limited to, Legal Fees. Section 4. INTERPRETATION. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development of a residential community and for the maintenance of Association Property. Article, Section and Paragraph captions, headings and titles inserted throughout this Declaration are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limit or in any way affect the subject matter or any of the terms and provisions thereunder or the terms and provisions of this Declaration. Whenever the context so requires or permits, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter form thereof, and the singular form of any nouns and pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. Section 5. SEVERABILITY. In the event any of the provisions of this Declaration shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in no %vay affect any of the other provisions hereof, which shall remain in full force and effect, and any provisions of this Declaration deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed limited to the maximum term and scope permitted by law. In the event that any court should hereafter determine that any provision of this Declaration is in violation of the rule of property known as the "rule against perpetuities" or any other rule-of law because of the duration of a time period, such provision shall not thereby become invalid, but instead the duration of such time period shall be reduced to the maximum period allowed under such rule of law, and in the event the determination of the duration of such time period requires measuring lives, such measuring life shall be that of -the incorporator of the Association. Section 6. CERTAIN RIGHTS OF DECLARANT. Notwithstanding anything to the contrary herein contained, no Improvements constructed or installed by Declarant shall be subject to the approval of the Association or the Owners or the provisions and requirements of this Declaration, although it is the intent of Declarant to create a community with a common scheme of development. Notwithstanding the other provisions of this Declaration, Declarant reserves for itself, and Declarant and its nominees shall have, the right to enter into and transact on the Property any business necessary to consummate the sale, lease or encumbrance of Homes or real property within or outside Parkside Village, including, but not limited to, the right to maintain models and a sales and/or leasing office, a construction office and/or a service office, place signs, employ sales, leasing, construction and service personnel, use the Association Property and show Homes, and Declarant further reserves the right to make repairs to the Association Property and to carry on construction activity for the benefit of the Property. Declarant, and its nominees, may exercise the foregoing rights without notifying the Association. Any such models, sales and/or leasing office, construction office, service office; signs and any other items pertaining to such sales, leasing, construction or service efforts shall not be considered a part of the Association Property and shall remain the property of Declarant. This Section 6 may not be suspended, superseded or modified in any manner by anv amendment to this Declaration unless such amendment is consented to in writing by Declarant. This right of use and transaction of business as set forth herein and the other rights reserved by Declarant in the Parkside Village Documents may be assigned in writing by Declarant in whole or in part. For the purposes of this Section 6, the term "Declarant" shall include any MIA:56554:1 3 g "Lender" which has loaned money to Declarant to acquire or construct Improvements upon the Property, or its successors and assigns if such Lender, its successors or assigns, acquires title to any portion of the Property as a result of the foreclosure of any mortgage encumbering any portion of the Property securing any such loan to Declarant, or acquires title thereto by deed in lieu of foreclosure. The rights and privileges of Declarant as set forth in this Section 6, which are in addition to, and are no way a limit on, any other rights or privileges of Declarant under any of the Parkside Village Documents, shall terminate upon Declarant no longer owning any portion of the Property (and having any equitable or legal interest therein) or upon such earlier date as Declarant shall notify the Association in writing of Declarant's voluntary election to relinquish the aforesaid rights and privileges. Section 7. DISPUTES AS TO USE. In the event there is any dispute as to whether the use of the Property or any portion or portions thereof complies with the covenants, restrictions, easements or other provisions contained in this Declaration, such dispute shall be referred to the Board, and a determination rendered by the Board with respect to such dispute shall be final and binding on all parties concerned therewith. Notwithstanding anything to the contrary herein contained, any use by Declarant of the Property shall be deemed a use which complies with this Declaration and shall not be subject to a contrary determination by the Board. Section 8. AMENDMENT AND MODIFICATION. The process of amending or modifying this Declaration shall be as follows: 1. Until the Turnover Date, all amendments or modifications shall only be made by Declarant without the requirement of the Association's consent or the consent of the Owners so long as such amendments or modifications do not materially impair the common plan of development of Parkside Village; provided, however, that the Association shall, forthwith upon request of Declarant, join in any such amendments or modifications and execute such instruments to evidence such joinder and consent as Declarant shall, from time to time, request. 2. After the Turnover Date, this Declaration may be amended by: (i) the consent of the Owners owning two - thirds (2/3) of all Lots; together with (ii) the approval or ratification of a majority of the Board. The aforementioned consent of the Owners owning two- thirds (2/3) of the Lots may be evidenced by a writing signed by the required number of Owners or by the affirmative vote of the required number of Owners at any regular or special meeting of the Association called and held in accordance with the Bylaws evidenced by a certificate of the Secretary or an Assistant Secretary of the Association. 3. Amendments for correction of scrivener's errors or other nonmaterial changes may be made by Declarant alone until the Turnover Date and by the Board thereafter and without the need of consent of the Owners. 4. Notwithstanding anything to the contrary herein contained, no amendment to this Declaration shall be effective which shall impair or prejudice the rights or priorities of Declarant, the Association or of any Institutional Mortgagee under the Parkside Village Documents without the specific written approval of such Declarant, Association and/or Institutional Mortgagee affected thereby. Finally, notwithstanding anything to the contrary contained herein, no amendment to this Declaration shall be effective which shall eliminate or modify the provisions of Section 6 of MIA:56554:1 39 this Article XIII and any such amendment shall be deemed to impair and prejudice the rights of Declarant. 5. A true copy of any Amendment to this Declaration shall be sent certified mail by the Association to Declarant and to all Institutional Mortgagees holding a mortgage on any portion of the Property requesting notice. The amendment shall become effective upon the recording amongst the Public Records of the County of said amendment or any Supplemental Declaration to this Declaration which sets forth any amendment or modification to this Declaration. 6. Notwithstanding anything contained herein to the contrary, Declarant may, without the consent of any Owners, file any amendments which may be required by an Institutional Mortgagee for the purpose of satisfying its development criteria or such other criteria as may be established by such mortgagee's secondary mortgage market purchasers, including, without limitation, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; provided, however, any such Declarant's filed amendments must be in accordance with any applicable rules, regulations and other requirements promulgated by the United States Department of Housing and Urban Development. 7. Any proposed amendment to the Declaration which would affect the surface water management system (including environmental conservation areas and the water management portions of the Association Property), shall be submitted to the South Florida Water Management District for a determination of whether the proposed amendment necessitates a modification of the surface water management permit. Section 9. DELEGATION. The Association, pursuant to a resolution duly adopted by the Board, shall have the continuing authority to delegate all or any portion of its responsibilities for maintenance, operation and administration, as provided herein, to any managing agency or entity selected by the Board from time to time and whether or not related to Declarant. Section 10. TERM. This Declaration and the terms, provisions, conditions, covenants, restrictions, reservations, regulations, burdens and liens contained herein shall run with and bind the Property, and inure to the benefit "of Declarant, the Association, Owners, and their respective legal representatives, heirs, successors and assigns for a term of fifty (50) years from the date of recording this Declaration amongst the Public Records of the County, after which time this Declaration shall be automatically renewed and extended for successive periods of ten (10) years each unless at least one (1) year prior to the termination of such fifty (50) -year term or any such ten (10) -year extension there is recorded amongst the Public Records of the County an instrument agreeing to terminate this Declaration signed by Owners owning two - thirds (2/3) of the Lots and Institutional Mortgagees holding first mortgages encumbering two- thirds (2/3) of all Lots, upon which event this Declaration shall be terminated upon the expiration of the fifty (50) -year term or the ten (10) -year extension during which such instrument was recorded. In the event this Declaration is terminated or the Association ceases to exist for any reason, the Owners shall be jointly and severally responsible for the costs to maintain and shall maintain the Association Property in the manner described herein. This provision may not be amended or deleted without the prior written consent of the city and this provision shall survive the termination of this Declaration and shall run with the Property in perpetuity. MIA:56554 :1 40 Section l 1. RIGHTS OF MORTGAGEES. A. Right to Notice. The Association shall make available for inspection upon request, during normal business hours or under reasonable circumstances, the Parkside Village Documents and the books, records and financial statements of the Association to Owners and the holders, insurers or guarantors of any first mortgages encumbering any portion of the Property. In addition, evidence of insurance shall be issued to each Owner and mortgagee holding a mortgage encumbering a Home upon written request to the Association. B. Rights of Listed Mortgagee. Upon written request to the Association, identifying the name and address of the holder, insurer, or guarantor (such holder, insurer or guarantor is herein referred to as a "Listed Mortgagee ") of a mortgage encumbering a Lot and the legal description of such Lot, the Association shall provide such Listed Mortgagee with timely written notice of the following: (1) Any condemnation, loss or casualty loss which affects any material portion of the Association Property; (2) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; (3) Any proposed action which would require the consent of mortgagees holding a mortgage encumbering a Lot; and (4) Any failure by an Owner owning a Lot encumbered by a mortgage held, insured or guaranteed by such Listed Mortgagee to perform his obligations under the Parkside Village Documents, including, but not limited to, any delinquency in the payment of Assessments, or any other charge owed to the Association by said Owner where such failure or delinquency has continued for a period of sixty (60) days. C. Right of Listed Mortgagee to Receive Financial Statement. Any Listed Mortgagee shall, upon written request made to the Association, be entitled to financial statements for the Association for the prior fiscal year free of charge and the same shall be furnished within a reasonable time following such request. Section 12. APPROVAL OF ASSOCIATION LAWSUITS BY OWNERS. Notwithstanding anything contained herein to the contrary, the Association shall be required to obtain the approval of three- fourths (3/4) of the total voting interests (at a duly called meeting of the Owners at which a quorum is present) prior to engaging persons or entities for the purpose of suing, or making, preparing or investigating any lawsuit, or commencing any lawsuit other than for the following purposes: (a) the collection of Assessments; (b) the collection of other charges which Owners are obligated to pay pursuant to the Parkside Village Documents; MIA:56554:1 41 (c) the enforcement of the use and occupancy restrictions contained in the Parkside Village Documents; (d) in an emergency where waiting to obtain the approval of the Owners creates a substantial risk of irreparable injury to the Association Property or to Owner(s) (the imminent expiration of a statute of limitations shall not be deemed an emergency obviating the need for the requisite vote of three- fourths (3!4) of the Owners; or (e) filing a compulsory counterclaim. Section 13. COMPLIANCE WITH PROVISIONS. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot except as elsewhere herein provided does consent and agree to, and shall be conclusively deemed to have consented and agreed to, every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to these restrictions is contained in the instrument by which such person acquired an interest in such property. Declarant shall not in any way or manner be held liable or responsible for any violation of this Declaration by any person other than Declarant. Section 14. SECURITY. The Association may, but shall not be obligated to, maintain or support certain activities within the Property designed to make the Property safer than it otherwise might be. Additionally, NEITHER DECLARANT NOR THE ASSOCIATION MAKES ANY REPRESENTATIONS WHATSOEVER AS TO THE SECURITY OF THE PREMISES OR THE EFFECTIVENESS OF ANY MONITORING SYSTEM OR SECURITY SERVICE. - ALL MEMBERS AGREE TO HOLD DECLARANT AND THE ASSOCIATION HARMLESS FROM ANY LOSS OR CLAIM ARISING FROM THE OCCURRENCE OF ANY CRIME OR OTHER ACT. NEITHER THE ASSOCIATION, DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE PROPERTY. NEITHER THE ASSOCIATION, DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN, IF ANY. ALL MEMBERS, OWNERS AND OCCUPANTS OF ANY LOT OR HOME, AND TENANTS, GUESTS, AND INVITEES OF ANY OWNER, ACKNOWLEDGE THAT THE ASSOCIATION AND ITS BOARD, DECLARANT, AND ANY SUCCESSOR DECLARANT DO NOT REPRESENT OR WARRANT THAT: (a) ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM OR OTHER SECURITY SYSTEM, IF ANY, DESIGNATED BY OR INSTALLED ACCORDING TO GUIDELINES ESTABLISHED BY DECLARANT OR THE COMMITTEE MAY NOT BE COMPROMISED OR CIRCUMVENTED, OR (b) THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH MEMBER, OWNER AND OCCUPANT OF ANY LOT OR HOME, AND EACH TENANT, GUEST AND INVITEE OF AN OWNER, ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, ITS BOARD AND THE COMMITTEE, DECLARANT, AND ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND THAT EACH MEMBER, OWNER AND OCCUPANT OF ANY LOT OR HOME, AND EACH TENANT, GUEST AND INVITEE OF ANY MEMBER OR OWNER ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS OR HOMES, AND TO THE CONTENTS OF LOTS OR HOMES AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, ITS BOARD AND THE MIA:56554:1 41 COMMITTEE, DECLARANT, AND ANY SUCCESSOR DECLARANT HAVE MADE NO REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNER, MEMBER, OCCUPANT, TENANT, GUEST OR INVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND /OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED, IF ANY, OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTY. Section 15. COVENANT RUNNING WITH THE LAND. All provisions of this Declaration shall, to the extent applicable and unless otherwise expressly provided herein to the contrary, be construed to be covenants running with the Lots and Homes and the Property and with every part thereof and interest therein, and all of the provisions hereof shall be binding upon and inure to the benefit of the Declarant and subsequent Owner(s) of the Homes, Lots, and Property or any part thereof, or interest therein, and their respective heirs, successors, and assigns. However, the same are not intended to create nor shall they be construed as creating any rights in or for the benefit of the general public, unless specifically provided herein to the contrary. All present and future Owners, lessees, and occupants of the Lots and Homes shall be subject to and shall comply with the provisions of this Declaration and the Articles, Bylaws and applicable rules and regulations as exist and may from time to time be amended. The acceptance of a deed of conveyance to a Lot, or the entering into a lease of or occupancy of a Home, shall constitute an adoption and ratification by such Owner, lessee, or occupant of the provisions of this Declaration, and the Articles, Bylaws, and applicable rules and regulations of the Association, as they may be amended from time to time. In the event that any easements granted herein shall fail for want of a grantee in being or for any other purpose, the same shall constitute and be covenants running with the land. Section 16. NO PUBLIC RIGHT OR DEDICATION. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any portion of the Association Property to the public, or for any public use. Section 17. NO REPRESENTATIONS OR WARRANTIES. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, HAVE BEEN GIVEN OR MADE BY DECLARANT OR ITS AGENTS OR EMPLOYEES IN CONNECTION WITH ANY PORTION OF THE ASSOCIATION PROPERTY, ITS PHYSICAL CONDITION, ZONING, COMPLIANCE WITH APPLICABLE LAWS, FITNESS FOR INTENDED USE, OR IN CONNECTION WITH THE SUBDIVISION, SALE, OPERATION, MAINTENANCE, COST OF MAINTENANCE, TAXES OR REGULATION THEREOF, EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THIS DECLARATION. Section 18. ASSOCIATION AND DECLARANT AS ATTORNEY -IN -FACT. Each Owner, by reason of having acquired ownership of a Lot, whether by purchase, gift, operation of law or otherwise, and each occupant of a Home, by reason of his or her occupancy, is hereby declared to have acknowledged and agreed to his or her automatic consent to any rezoning, replatting, covenant in lieu of unity of title, change, addition or deletion made in, on or to Parkside Village by Declarant (hereinafter, collectively, "Modifications ") and, in respect thereto, each Owner of a Lot and occupant of a Home hereby designates the Association to act as agent and attorney -in -fact on behalf of such Owner or occupant to consent to any such Modification. If requested by Declarant, each Owner shall evidence his consent to a Modification in writing (provided, however, that any refusal to give such MIA:56554:1 43 written consent shall not obviate the automatic effect of this provision). Further, each Owner, by reason of acceptance to such Owner's Lot, hereby agrees to execute, at the request of Declarant, any document and/or consent which may be required by any government agency to allow Declarant and/or its affiliates to complete the plan of development of Parkside Village, as such plan may be hereafter amended and each such Owner hereby further appoints Declarant as such Owner's agent and attorney -in -fact to execute, on behalf and in the name of each such Owner, any and all of such documents and/or consents. This power of attorney is irrevocable and is coupled with an interest. The provisions of this Section 19 may not be amended without Declarant's prior written consent. IN WITNESS WHEREOF, this Declaration has been signed by Declarant and joined in by the Association on the respective dates set forth below. WITNESSES AS TO DECLARANT: Printed Name: DECLARANT: WESTWAY LIMITED, a Florida limited partnership By: WESTWAY INCORPORATED, a Florida corporation, as general partner By: Printed Name: L. RICHARD MATTAWAY Title: President Printed Name: (SEAL) The undersigned fee owners of the Additional Property, have joined in the execution of this Declaration fo rthe sole purpose of evidencing and acknowledging their consent and approval of and to the provisions of Article III, Section 1 A hereof with respect to the incorporation of the Additional Propery in accordance therewith. Printed Name: JOSEPH SHAW Printed Name: MIa:56554:1 ALICE SHAW 44 WITNESSES AS TO ASSOCIATION: Print Name Print Name STATE OF FLORIDA ) COUNTY OF ) ss ASSOCIATION: PARKSIDE VILLAGE HOMEOWNERS ASSOCIATION, INC, a Florida corporation not for profit By: Printed Name: Title: Attest: Title: Secretary (SEAL) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by L. RICHARD MATTAWAY the President of WESTWAY INCORPORATED, a Florida corporation, the general partner of WESTWAY LIMITED, a Florida limited partnership, freely and voluntarily under authority duly vested in him by said corporation, and that the seal affixed thereto is the true corporate seal of said corporation. L. RICHARD MATTAWAY is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 199_. My Commission Expires MIA:56554:1 Notary Public, State of Florida at Large Typed, Printed or Stamped Name of Notary Public 45 STATE OF FLORIDA ) ) ss: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by JOSEPH SHAW, who is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of 199_. My Commission Expires: STATE OF FLORIDA ) ) ss: COUNTY OF ) Notary Public Typed, printed or stamped name of Notary Public I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by ALICE SHAW, who is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of 199_. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: MIA:56554:1 46 STATE OF FLORIDA ) ss: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by and the and , respectively of PARKSIDE VILLAGE HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, freely and voluntarily under authority duly vested in them by said corporation, and that the seal affixed thereto is the true corporate seal of said corporation. is personally known to me or has produced as identification. is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 199_. My Commission Expires MIA:56554:1 Notary Public, State of Florida at Large Typed, Printed or Stamped Name of Notary Public 47 EXHIBIT "A" Legal Description of Property [Insert legal description for Phase I - Lots 1 - 16] MIA:56SS4:1 EXHIBIT "A -1" Legal Description of Property [Insert legal description for Phase 2- Lots 17 - 20] MIA:56554:1 EXHIBIT "B" Articles of Incomoration of Parkside Village Homeowners Association, Inc. MIA:56554:1 BYLAWS OF PARKSIDE VILLAGE HOMEOWNERS ASSOCIATION, INC. Section 1. Identification of Association These are the Bylaws of Parkside Village Homeowners Association, Inc. ( "Association ") as duly adopted by its Board of Directors (`Board "). The Association is a corporation not for profit, organized pursuant to Chapter 617, Florida Statutes. 1.1. The office of the Association shall be for the present at 1508 San Ignacio Avenue, Suite 200, Coral Gables, Florida 33146 and thereafter may be located at any place designated by the Board. 1.2. The fiscal year of the Association shall be the calendar year. 1.3. The seal of the Association shall bear the name of the Association, the word "Florida" and the words "Corporation Not For Profit." Section 2. Explanation of Terminology The terms defined in the Articles of Incorporation of the Association ( "Articles ") as well as in the Declaration of Covenants, Restrictions and Easements for Parkside Village ( "Declaration ") are incorporated herein by reference and shall appear in initial capital letters each time such terms appear in these Bylaws. Section 3. Membership; Members' Meetings; Voting and Proxies 3.1. The qualification of Members, the manner of their admission to membership in the Association, the manner of termination of such membership and the voting by Members shall be as set forth in the Articles. 3.2. The Members shall meet annually ( "Annual Members' Meeting "). The Annual Members' Meeting shall be held at the office of the Association or at such other place in the County as the Board may determine and on such day and at such time as designated by the Board in the notice of such meeting commencing with the year following the year in which the Articles are filed with the Secretary of State. The purpose of the Annual Members' Meeting shall be to hear reports of the officers, elect members of the Board (when that shall be appropriate as determined by the provisions of the Articles) and transact any other business authorized to be transacted at such Annual Members' Meeting. FTL:233197:2 3.3. Special meetings (meetings other than the Annual Members' Meeting) of the Members shall be held at any place within the County whenever called by the President or Vice President or by a majority of the Board. A special meeting must be called by such President or Vice President upon receipt of a written request from Members having the right to vote at least one -third (1/3) of the total number of votes entitled to be cast by Members at any such special meeting. 3.4. Except as otherwise provided in the Articles, a written notice of all Members' meetings, whether the Annual Members' Meeting or special meetings (collectively "Meeting "), shall be given to each Member entitled to vote thereat at his last known address as it appears on the books of the Association and shall be mailed to the said address not less than fourteen (14) days nor more than forty-five (45) days prior to the date of the Meeting. Proof of such mailing shall be given by the affidavit of the person giving the notice. Any notice given hereunder shall state the time and place of the Meeting and the purposes for which the Meeting is called. The notice of all Annual Members' Meetings shall, in addition, specify the number of Directors of the Association to be designated by Declarant and the number of Directors to be elected by the Members, if applicable. Notwithstanding any provisions hereof to the contrary, notice of any Meeting may be waived before, during or after such Meeting by a Member or by the person entitled to vote for such Member by signing a document setting forth the waiver of such notice. 3.5. The Members may, at the discretion of the Board, act by written response in lieu of a Meeting provided written notice of the matter or matters to be agreed upon is given to the Members or duly waived in accordance with the provisions of these Bylaws. Unless some greater number is required under the Parkside Village Documents and except as to the election of Directors, which shall be accomplished by plurality vote, the decision of a majority of the votes cast by Members as to the matter or matters to be agreed or voted upon shall be binding on the Members provided a quorum is either present at such Meeting or submits a response if action is taken by written response in lieu of a Meeting, as the case may be. The notice with respect to actions to be taken by written response in lieu of a Meeting shall set forth the time period during which the written responses must be received by the Association. 3.6. (a) A quorum of the Members shall consist of Members entitled to cast thirty percent (30 %) of the total number of votes of the Members. A quorum of any class members shall consist of class members entitled to cast thirty percent (30 %) of the total number of votes to the class members. Limited proxies and general proxies may be used to establish a quorum. (b) When a quorum is present at any Meeting and a question which raises the jurisdiction of such Meeting is presented, the holders of a majority of the voting rights present in person or represented by written "Proxy" (as hereinafter defined) shall be required to decide the question. However, if the question is one upon which a vote other than the majority vote of a quorum is required by express provision of the Parkside Village Documents or by law, then such express provision shall govern and control the required vote on the decision of such question. FTL:233197:2 2 3.7. At any Annual Members' Meeting when elections of Directors are to occur, written ballots are to be supplied to Members for such purposes. Furthermore, at any Annual Members' Meeting at which Directors are to be elected, the "Chairman" (as hereinafter defined in Paragraph 7.2 hereof) shall appoint an "Election Committee" consisting of three (3) Members to supervise the election, count and verify ballots and Proxies, disqualify votes if such disqualification is justified under the circumstances and to certify the results of the election to the Board. The Election Committee shall be able to determine questions within its jurisdiction by plurality vote of all three (3) members, but matters resulting in deadlocked votes of the Election Committee shall be referred to the entire Board for resolution. 3.8. If a quorum is not in attendance at a Meeting, the Members who are present, either in person or by Proxy, may adjourn the Meeting from time to time until a quorum is present with no further notice of such adjourned Meeting being required unless otherwise determined by the Board. 3.9. Minutes of all Meetings shall be kept in a businesslike manner and be available for inspection by the Members and Directors at all reasonable times. The Association shall retain minutes for at least seven (7) years subsequent to the date of the meeting the minutes reflect. 3.10. Voting rights of Members shall be as stated in the Articles with respect to the election of all Boards other than the First Board. Such votes may be cast in person or by Proxy. "Proxy" is defined to mean an instrument containing the appointment of a person who is substituted in the place and stead of the person or authorized representative of an entity entitled to vote. Proxies shall be in writing signed by the person or authorized representative of an entity giving the same and shall be valid only for the particular Meeting designated therein and, if so stated in the Proxy, any adjournments thereof, provided, however, any proxy automatically expires ninety (90) days after the date of the meeting for which it was originally given. A Proxy must be filed with the Secretary of the Association before the appointed time of the Meeting in order to be valid. Any Proxy may be revoked prior to the time a vote is cast according to such Proxy. 3.11. The voting on any matter at a Meeting shall be by secret ballot upon request of the holders of ten percent (10 %) of the votes represented at such Meeting and entitled to be cast on such matter, if such request is made prior to the vote in question. Section 4, Board; Directors' Meetings 4.1. The business and administration of the Association shall be by its Board. 4.2. The election and, if applicable, designation of Directors shall be conducted in accordance with the Articles. Except for Declarant- appointed Directors, Directors must be Members or the parents, children or spouses of Members. FTL:233197:2 3 4.3. (a) Any person elected or designated as a Director shall have all the rights, privileges, duties and obligations of a Director of the Association. (b) The term of a Director's service shall be as stated in the Articles and. if not so stated, shall extend until the next Annual Members' Meeting and thereafter until his successor is duly elected and qualified or until he resigns or is removed in the manner elsewhere provided. 4.4. The organizational meeting of a newly elected Board shall be held within ten (10) days of its election at such place and time as shall be fixed by the Directors at the meeting at which they were elected. Provided the organizational meeting is held directly following the annual Members' meeting, no further notice of the organizational meeting shall be necessary; if not, however, notice of the organizational meeting shall be given in accordance with Section 617.303(2) of the Florida Statutes. 4.5. Regular meetings of the Board may be held at such times and places in the County as shall be determined from time to time by a majority of Directors. Special meetings of the Board may be called at the discretion of the President or the Vice President. Special meetings must be called by the Secretary at the written request of at least one -third (1/3) of the Directors. Any such special meeting may be held in the County at such time and place as determined by the Directors requesting such meeting or in such other place as all Directors shall agree upon. 4.6. Notice of the time and place of regular and special meetings of the Board, or adjournments thereof, shall be given to each Director personally or by mail, telephone or telegraph at least three (3) days prior to the day named for such meeting unless such notice is waived before, during or after such meeting. Any Director may waive notice of the meeting in writing before, during or after a meeting and such waiver shall be deemed equivalent to the receipt of notice by such Director. 4.7 Notice of all Board meetings shall be given to the members in accordance with Section 617.303(2) of the Florida Statutes. 4.8. A quorum of the Board shall consist of the Directors entitled to cast a majority of the votes of the entire Board. Matters approved by a majority of the Directors present at a meeting at which a quorum is present shall constitute the official acts of the Board, except as may be otherwise specifically provided by law, by the Articles or elsewhere herein. If at any meetings of the Board there shall be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At any meeting that takes place on account of a previously adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted. In the case of the adjournment of a meeting, no further notice of the adjourned meeting need be given unless otherwise determined by the Board. FTL:233197:2 4 4.9. The presiding officer at all Board meetings shall be the President. In the absence of the President, the Directors shall designate any one of their number to preside. 4.10. Directors' fees, if any, shall be determined by the Members. 4.11. Minutes of all meetings of the Board shall be kept in a businesslike manner and be available for inspection by Members and Directors at all reasonable times. 4.12. The Board shall have the power to appoint an "Executive Committee(s)" of the Board consisting of not less than three (3) Directors. An Executive Committee(s) shall have and exercise such powers of the Board as may be delegated to such Executive Committee(s) by the Board. 4.13. Meetings of the Board shall be open to all Members on such terms as the Board may determine. The Board may also hold closed meetings to the extent permitted by applicable law, including, by way of example but not by way of limitation, where the discussion at a meeting is governed by attorney - client privilege. If the meeting is open, unless a Member serves as a Director or unless he has been specifically invited by the Directors to participate in the meeting, no Member shall be entitled to participate in the meeting, but shall only be entitled to act as an observer. In the event a Member not serving as a Director or not otherwise invited by the Directors to participate in the meeting attempts to become more than a mere observer at the meeting or conducts himself in a manner detrimental to the carrying on of the meeting, then any Director may expel said Member from the meeting by any reasonable means which may be necessary to accomplish said Member's expulsion. Also, any Director shall have the right to exclude from any meeting of the Board any person who is not able to provide sufficient proof that he is a Member or a duly authorized representative, agent or proxy holder of a Member, unless said person has been specifically invited by any of the Directors to participate in such meeting. 4.14. Any action required or permitted to be taken at a meeting of the Directors may be taken without a meeting if a consent in writing, specifically setting forth the action to be taken, shall be signed by all the Directors entitled to vote with respect to the subject matter thereof and such consent shall have the same force and effect as a unanimous vote of Directors, provided, however, whenever assessments are to be considered, they may be considered only at a meeting of the Directors properly noticed in accordance with Section 617.303(2) of the Florida Statutes. Section 5. Powers and Duties of the Board 5.1. All of the powers and duties of the Association shall be exercised by the Board. Such powers and duties of the Board shall include, but not be limited to, all powers and duties set forth in the Parkside Village Documents, as well as all of the powers and duties of a director of a corporation not for profit. FTL:233197:2 5 5.2. The Association may employ a manager to perform any of the duties, powers or functions of the Association. Notwithstanding the foregoing, the Association may not delegate to the manager the power to conclusively determine whether the Association should make expenditures for capital additions or improvements chargeable against the Association funds. The members of the Board shall not be personally liable for any omission or improper exercise by the manager of any duty, power or function delegated to the manager by the Association. Section 6. Late Fees An Owner who fails to timely pay any Assessment shall be charged a late charge of TWENTY -FIVE DOLLARS ($25) by the Association for such late Assessment. Owners shall be responsible to pay all legal fees (including, but not limited to, attorney and paralegal fees and court costs) incurred in connection with the collection of late Assessments whether or not an action at law to collect said Assessment and foreclose the Association's lien has been commenced. The Board has authorized the following initial schedule of fees for such circumstances: (a) ONE HUNDRED FIFTY DOLLARS ($150) for a Claim of Lien plus recording costs and sending of Notice of Intention to Foreclose; (b) ONE HUNDRED DOLLARS ($100) for a Satisfaction of Lien plus recording costs; and (c) Any further action would require an hourly computation of attorney and/or paralegal time spent pursuing collection of such unpaid Assessments. Section 7. Officers of the Association 7.1. Executive officers of the Association shall be the President, who shall be a Director, one or more Vice Presidents, a Treasurer and a Secretary, all of whom shall be elected annually by the Board. Any officer may be removed without cause from office by vote of the Directors at any meeting of the Board. The Board may, from time to time, elect such other officers and assistan t officers and designate their powers and duties as the Board shall find to be required to manage the affairs of the Association. One person may hold any two offices simultaneously, except where the functions of such offices are incompatible, but no person shall hold the office of President and any of the following offices simultaneously: Vice President, Secretary or Assistant Secretary. 7.2. The President shall be the chief executive officer of the Association. He shall have all of the powers and duties which are usually vested in the office of the President of an association or a corporation not for profit, including, but not limited to, the power to appoint such committees from among the Members at such times as he may, in his discretion, determine appropriate to assist in the conduct of the affairs of the Association. If in attendance, the President ( "Chairman") shall preside at all meetings of the Board and the Members; provided, however, that the President may appoint a substitute. FTL:233197:2 6 7. 3. In the absence or disability of the President, a Vice President shall exercise the powers and perform the duties of the President. If there is more than one (1) Vice President, the Board shall designate which Vice President is to perform which duties. The Vice President(s) shall also generally assist the President and exercise such other powers and perform such other duties as shall be prescribed by the Board. In the event there shall be more than one Vice President elected by the Board, then they shall be designated "First," "Second," etc., and shall exercise the powers and perform the duties of the presidency in such order. 7.4. The Secretary shall keep the minutes of all meetings of the Board and the Members, which minutes shall be kept in a businesslike manner and be available for inspection by Members and Directors at all reasonable times. The Secretary shall have custody of the seal of the Association and affix the same to instruments requiring such seal when duly authorized and directed to do so. The Secretary shall be custodian for the corporate records of the Association, except those of the Treasurer, and shall perform all of the duties incident to the office of Secretary of the Association as may be required by the Board or the President. The Assistant Secretary, if any, shall perform the duties of the Secretary when the Secretary is absent and shall assist the Secretary under the supervision of the Secretary. 7.5. The Treasurer shall have custody of all of the monies of the Association, including funds, securities and evidences of indebtedness. The Treasurer shall keep the assessment rolls and accounts of the Members and shall keep the books of the Association in accordance with good accounting practices and he shall perform all of the duties incident to the office of the Treasurer. The Assistant Treasurer, if any, shall perform the duties of the Treasurer when the Treasurer is absent and shall assist the Treasurer under the supervision of the Treasurer. 7.6. The compensation, if any, of the officers and other employees of the Association shall be fixed by the Board. This provision shall not preclude the Board from hiring a Director as an employee of the Association or preclude the contracting with a Director or a party affiliated with a Director for the management or performance of contract services for all or any part of Parkside Village. Section S. Resignations Any Director or officer may resign his post at any time by written resignation, delivered to the President or Secretary, which shall take effect upon its receipt unless a later date is specified in the resignation, in which event the resignation shall be effective from such date unless withdrawn. The acceptance of a resignation shall not be required to make it effective. The conveyance of all Lots owned by any Director or officer (other than appointees of Declarant) shall constitute a written resignation of such Director or officer. FTL:233197:2 7 Section 9. Accounting Records; Fiscal Management 9.1. The Association shall use the cash basis method of accounting and shall maintain accounting records in accordance with good accounting practices, which shall be open to inspection by Members and Institutional Mortgagees or their respective authorized representatives at reasonable times. Such authorization as a representative of a Member must be in writing and signed by the person giving the authorization and dated within sixty (60) days of the date of the inspection. Such records shall include, but not be limited to: (i) a record of all receipts and expenditures; (ii) an account for each Lot within Parkside Village which shall designate the name and address of the Owner thereof, the amount of Individual Lot Assessments and all other Assessments, if any, charged to the Lot, the amounts and due dates for payment of same, the amounts paid upon the account and the dates paid, and the balance due; (iii) any tax returns, financial statements and financial reports of the Association,-'and (iv) any other records that identify, measure, record or communicate financial information. 9.2. The Board shall adopt a Budget (as provided for in the Declaration) of the anticipated Operating Expenses for each forthcoming calendar year (the fiscal year of the Association being the calendar year) at a special meeting of the Board ( "Budget Meeting ") called for that purpose to be held during the month of November of the year preceding the year to which the Budget applies. Prior to the Budget Meeting, a proposed Budget for the Operating Expenses shall be prepared by or on behalf of the Board. Within thirty (30) days after adoption of the Budget, a copy thereof shall be furnished to each Member, upon request, and each Owner shall be given notice of the Individual Lot Assessment applicable to his or her Lot(s). The copy of the Budget, if requested, shall be deemed furnished and the notice of the Individual Lot Assessment shall be deemed given upon its delivery or upon its being mailed to the Owner shown on the records of the Association at his last known address as shown on the records of the Association. 9.3. In administering the finances of the Association, the following procedures shall govern: (i) the fiscal year shall be the calendar year; (ii) any monies received by the Association in any calendar year may be used by the Association to pay expenses incurred in the same calendar year; (iii) there shall be apportioned between calendar years on a pro rata basis any expenses which are prepaid in any one calendar year for Operating Expenses which cover more than such calendar year; (iv) Assessments shall be made quarterly in amounts no less than are required to provide funds in advance for payment of all of the anticipated current Operating Expenses and for all unpaid Operating Expenses previously incurred; and (v) items of Operating Expenses incurred in a calendar year shall be charged against income for the same calendar year regardless of when the bill for such expenses is received. Notwithstanding the foregoing, the Assessments for Operating Expenses and any periodic installments thereof shall be of sufficient magnitude to insure an adequacy and availability of cash to meet all budgeted expenses in any calendar year as such expenses are incurred in accordance with the cash basis method of accounting. 9.4. Individual Lot Assessments shall be payable as provided for in the Declaration. FTL:233197:2 8 9.5. No Board shall be required to anticipate revenue from Assessments or expend funds to pay for Operating Expenses not budgeted or which shall exceed budgeted items, and no Board is required to engage in deficit spending. Should there exist any deficiency which results from there being greater Operating Expenses than monies from Assessments, then such deficits shall be carried into the next succeeding year's Budget as a deficiency or shall be the subject of a Special Assessment or an upward adjustment to the Individual Lot Assessment. 9.6. The depository of the Association shall be such bank or banks as shall be designated from time to time by the Board in which the monies of the Association shall be deposited. Withdrawal of monies from such account shall be only by checks signed by such persons as are authorized by the Board. 9.7. A report of the accounts of the Association shall be made annually by an accountant and a copy of the report shall be-f n- nished to each Member who requests same in writing no later than the first day of April of the year following the year for which the report is made. The report shall be deemed to be furnished to the Member upon its delivery or mailing to the Member at his last known address shown on the records of the Association. Section 10. Rules and Regulations The Board may at any meeting of the Board adopt rules and regulations or amend, modify or rescind then existing rules and regulations for the operation of Parkside Village; provided, however, that such rules and regulations are not inconsistent with the terms or provisions of the Parkside Village Documents. Copies of any rules and regulations promulgated, amended or rescinded shall be mailed or delivered to all Members at the last known address for such Members as shown on the records of the Association at the time of such delivery or mailing and shall not take effect until forty -eight (48) hours after such delivery or mailing, or, in the event both forms of notification are used, whichever is later. Notwithstanding the foregoing, where rules and regulations are to regulate the use of specific portions of the Association Property, same shall be conspicuously posted at such facility and such rules and regulations shall be effective immediately upon such posting. Care shall be taken to insure that posted rules and regulations are conspicuously displayed and easily readable and that posted signs or announcements are designed with a view towards protection from weather and the elements. Posted rules and regulations which are torn down or lost shall be promptly replaced. Section 11. Parliamentary Rules The then latest edition of Robert's Rules of Order shall govern the conduct of meetings of all Members and the Board; provided, however, if such rules of order are in conflict with any of the Parkside Village Documents, Robert's Rules of Order shall yield to the provisions of such instrument. FTL:233197:2 9 Section 12. Roster of Owners Each Owner shall file with the Association a copy of the deed or other document showing his ownership. The Association shall maintain such information. The Association may rely on the accuracy of such information for all purposes until notified in writing of changes therein. Section 13. Amendment of the Bylaws 13.1. These Bylaws maybe amended as hereinafter set forth in this Section 13. 13.2. After the Turnover Date, any Bylaw of the Association may be amended or repealed, and any new Bylaw of the Association may be adopted by either: (i) a majority vote of the Members at any Annual Members' Meeting or any special meeting of the Members called for that purpose or by majority action of the Members who have acted by written response in lieu of a Meeting as permitted by these Bylaws; or (ii) by the affirmative vote of a majority of the Directors then in office at any regular meeting of the Board or at any special meeting of the Board called for that purpose or by written instrument signed by all of the Directors as is permitted by these Bylaws, provided that the Directors shall not have any authority to adopt, amend or repeal any Bylaw if such new Bylaw or such amendment or the repeal of a Bylaw would be inconsistent with any Bylaw previously adopted by the Members. 13.3. Notwithstanding any of the foregoing provisions of this Section 13 to the contrary, until the Turnover Date, all amendments or modifications to these Bylaws and adoption or repeal of Bylaws shall only be made by action of the First Board as described in the Articles, which First Board shall have the power to amend, modify, adopt and repeal any Bylaws without the requirement of any consent, approval or vote of the Members. 13.4. Notwithstanding the foregoing provisions of this Section 13, there shall be no amendment to these Bylaws which shall abridge, amend or alter the rights of: (i) Declarant, without the prior written consent thereto by Declarant for so long as Declarant holds title to at least one (1) Lot; or (ii) any Institutional Mortgagee without the prior written consent of such Institutional Mortgagee. 13.5. Any instrument amending, modifying, repealing or adding Bylaws shall identify the particular section or sections affected and give the exact language of such modification, amendment or addition or of the provisions repealed. A copy of each such amendment, modification, repeal or addition attested to by the Secretary or Assistant Secretary of the Association shall be recorded amongst the Public Records of the County. FTL:233197:2 10 Section 14. Interpretation In the case of any conflict between the Articles and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control; and in the event of any conflict between the Articles and the Declaration, the Declaration shall control. PARKSIDE VILLAGE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation Attest: (SEAL) FTL:233197:2 11 EXHIBIT "C" Bylaws of Parkside Village-Homeowners Association, Inc. Mza:56554:1 ARTICLES OF INCORPORATION OF PARKSIDE VILLAGE HOMEOWNERS ASSOCIATION, INC. (A Florida Corporation Not For Profit) In order to form a corporation not for profit under and in accordance with the provisions of Chapter 617 of the Florida Statutes, the undersigned hereby incorporates the corporation not for profit for the purposes and with the powers hereinafter set forth and, to that end, the undersigned, by these Articles of Incorporation, certifies as follows: ARTICLE I DEFINITIONS The following words and phrases when used in these Articles of Incorporation (unless the context clearly reflects another meaning) shall have the following meanings: "Articles" mean these Articles of Incorporation and any amendments hereto. 2. "Association" means Parkside Village Homeowners Association, Inc., a Florida corporation not for profit. 3. "Association Property" means the property more particularly described in Article II of the Declaration. 4. "Board" means the Board of Directors of the Association. 5. "Bylaws" mean the Bylaws of the Association and any amendments thereto. 6. "County" means Dade County, Florida. 7. "Declarant" means Westway Limited, a Florida limited partnership, and any successor or assign thereof to which Westway Limited specifically assigns all or part of the rights of Declarant hereunder by an express written assignment, whether recorded in the Public Records of the County or not. The written assignment may give notice as to which rights of Declarant are to be exercised and as to which portion of the Property, as such term is defined in Article I of the Declaration. In any event, any subsequent declarant shall not be liable for any default or obligations incurred by any prior declarant, except as may be expressly assumed by the subsequent declarant. 8. "Declaration" means the Declaration of Covenants, Restrictions and Easements for Parkside Village, which is intended to be recorded amongst the Public Records of the County, and any amendments thereto. FTL :233204:1 9. "Director" means a member of the Board. 10. "Home" means a residential dwelling unit constructed within Parkside Village, which is designed and intended for use and occupancy as a single - family residence. 11. "Lot" means and refers to any parcel of land within Parkside Village as shown on the Plat (as such term is defined in Article I of the Declaration) (or on any other plat which divides such land into homesites or homesites and Association Property) upon which a Home is permitted to be erected, together with the Improvements thereon and any portion of the land within Parkside Village that is declared to be a Lot by a Supplemental Declaration and is not subsequently withdrawn from the provisions of the Declaration by a Supplemental Declaration. For purposes of Individual Lot Assessments, a Lot is either a Completed Lot or an Uncompleted Lot. 12. "Member" means a member of the Association. 13. "Operating Expenses" shall mean the expenses for which Owners are liable to the Association as described in the Parkside Village Documents and includes, but is not limited to, the costs and expenses incurred by the Association in administering, operating, maintaining, financing or repairing, but not reconstructing, replacing or improving the Association Property or any portion thereof and improvements thereon and all costs and expenses incurred by the Association in carrying out its powers and duties as set forth in the Parkside Village Documents. 14. "Owner" means and refers to the record owner, whether one or more persons or entities, of the fee simple title to any Lot within Parkside Village, and includes Declarant for so long as Declarant owns fee simple title to a Lot, but excluding therefrom those having such interest as security for the performance of an obligation. 15. " Parkside Village" means the planned residential development located in Dade County, Florida, which encompasses the Property and is intended to be comprised of twenty (20) Homes and the Association Property. 16. " Parkside Village Documents" means, in the aggregate, the Declaration, these Articles, the Bylaws, the Plat and Additional Plat, if any, and all of the instruments and documents referred to or incorporated therein including, but not limited to, any amendment(s) and Supplemental Declaration(s). 17. "Plat" means the Plat of Parkside Village, recorded in Plat Book _, Pages through , inclusive, of the Public Records of the County. In the event an Additional Plat (as such term is defined in Article I of the Declaration) is recorded among the Public Records of the County, then the term "Plat" as used herein shall also mean the Additional Plat. Unless otherwise defined herein, the terms defined in the Declaration are incorporated herein by reference and shall appear in initial capital letters each time such terms appears in these Articles. FTL:233204:1 2 ARTICLE II NAME The name of this corporation shall be PARKSIDE VILLAGE HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, whose principal address and mailing address is 1508 San Ignacio Avenue, Suite 200, Coral Gables, Florida 33146. ARTICLE III PURPOSES The purpose for which this Association is organized is to take title to, operate, administer, manage, lease and maintain the Association Property in accordance with the terms of, and purposes set forth in, the Parkside Village Documents and to carry out the covenants and enforce the provisions of the Parkside Village Documents. ARTICLE IV POWERS The Association shall have the following powers and shall be governed by the following provisions: A. The Association shall have all of the common law and statutory powers of a corporation not for profit. . B. The Association shall have all of the powers granted to the Association in the Parkside Village Documents. All of the provisions of the Declaration and Bylaws which grant powers to the Association are incorporated into the Articles. C. The Association shall have all of the powers reasonably necessary to implement the purposes of the Association, including, but not limited to, the following: 1. To perform any act required or contemplated by it under the Parkside Village Documents. 2. To make, establish, amend and enforce reasonable rules and regulations governing the use of the Association Property. 3. To make, levy and collect "Assessments" (as defined in the Declaration) for the purpose of obtaining funds from its Members to pay Operating Expenses and other costs defined in the Declaration and costs of collection, and to use and expend the proceeds of Assessments in the exercise of the powers and duties of the Association. FTL:233204:1 3 4. To maintain, repair, replace and operate the Association Property in accordance with the Parkside Village Documents. 5. To enforce by legal means the obligations of the Members and the provisions of the Parkside Village Documents. 6. To employ personnel, retain independent contractors and professional personnel, and enter into service contracts to provide for the maintenance, operation, administration and management of the Association Property and to enter into any other agreements consistent with the purposes of the Association, including, but not limited to, agreements with respect to professional management of the Association Property and to delegate to such professional management certain powers and duties of the Association. 7. To enter into the Declaration and any amendments thereto and instruments referred to therein. 8. , To provide, to the extent deemed necessary by the Board, any and all services and do any and all things which are incidental to or in furtherance of things listed above or to carry out the Association mandate to keep and maintain Parkside Village in a proper and aesthetically pleasing condition and to provide the Owners with services, amenities, controls and enforcement which will enhance the quality of life at Parkside Village. 9. Notwithstanding anything contained herein to the contrary, the Association shall be required to obtain the approval of three- fourths (3/4) of all Members (at a duly called meeting of the Members at which a quorum is present) prior to the engagement of legal counsel by the Association for the purpose of suing, or making, preparing or investigating any lawsuit, or commencing any lawsuit other than for the following purposes: (a) the collection of Assessments; (b) the collection of other charges which Owners are obligated to pay pursuant to the Parkside Village Documents; (c) the enforcement of any applicable use and occupancy restrictions contained in the Parkside Village Documents; (d) in an emergency where waiting to obtain the approval of the Members creates a substantial risk of irreparable injury to the Association Property or to Member(s) (the imminent expiration of statute of limitations shall not be deemed an emergency obviating the need for the requisite vote of three - fourths (3/4) of the Members); or (e) filing a compulsory counterclaim. FTL:233204:1 4 ARTICLE V MEMBERS AND VOTING The qualification of Members of the Association, the manner of their admission to membership, the manner of the termination of such membership and the manner of voting by Members shall be as follows: A. Until such time as the first deed of conveyance of a Lot from Declarant to an Owner is recorded amongst the Public Records of the County ( "First Conveyance "), the membership of the Association shall be comprised solely of the incorporator of these Articles ( "Incorporator "). The Incorporator shall be entitled to cast one (1) vote on all matters requiring a vote of the membership. B. Upon the First Conveyance, membership of the Incorporator in the Association shall be automatically terminated and thereupon Declarant shall be a Member as to each of the remaining Lots until each such Lot is conveyed to another Owner, and thereupon and thereafter each and every Owner, including Declarant as to Lots owned by Declarant, shall be Members and exercise all of the rights and privileges of Members. C. Membership in the Association for Owners other than Declarant shall be established by the acquisition of ownership of fee simple title to a Lot as evidenced by the recording of an instrument of conveyance amongst the Public Records of the County. Where title to a Lot is acquired by conveyance from a party other than Declarant by means of sale, gift, inheritance, devise, judicial decree or otherwise, the person, persons or entity thereby acquiring such Lot shall not be a Member unless or until such Owner shall deliver a true copy of a deed or other instrument of acquisition of title to the Association. D. The Association shall have two (2) classes of voting membership: 1. "Class A Members" shall be all Members, with the exception of Declarant while Declarant is a Class B Member, and shall be entitled to one (1) vote for each Lot owned. 2. "Class B Members" shall be Declarant who shall be entitled to two times the total number of votes of the Class A Members plus one. Class B membership shall cease and be converted to Class A membership upon the earliest to occur of the following events ( "Turnover Date "): (i) Three (3) months after the conveyance of ninety percent (90 %) of the "Total Developed Lots" (as defined in Article X.0 hereof) by Declarant, as evidenced by the recording of instruments of conveyance of such Lots amongst the Public Records of the County; or (ii) At such time as Declarant shall designate in writing to the Association. FTL:233204:1 5 On the Turnover Date, Class A Members including Declarant shall assume control of the Association and elect the Board. E. The designation of different classes of membership are for purposes of establishing the number of votes applicable to certain Lots, and nothing herein shall be deemed to require voting solely by an individual class on any matter which requires the vote of Members, unless otherwise specifically set forth in Parkside Village Documents. F. No Member may assign, hypothecate or transfer in any manner his membership in the Association except as an appurtenance to his Lot. G. Any Member who conveys or loses title to a Lot by sale, gift, devise, bequest, judicial decree or otherwise shall, immediately upon such conveyance or loss of title, no longer be a Member with respect to such Lot and shall lose all rights and privileges of a Member resulting from ownership of such Lot. H. There shall be only one (1) vote for each Lot, except for Class B Members as set forth herein. If there is more than one Member with respect to a Lot as a result of the fee interest in such Lot being held by more than one person, such Members collectively shall be entitled to only one (1) vote. The vote of the Owners of a Lot owned by more than one natural person or by a corporation or other legal entity shall be cast by the person named in a certificate signed by all of the Owners of the Lot, or, if appropriate, by properly designated officers, partners or principals of the respective legal entity, and filed with the Secretary of the Association, and such certificate shall be valid until revoked by a subsequent certificate. If such a certificate is not filed with the Secretary of the Association, the vote of such Lot shall not be considered for a quorum or for any other purpose. Notwithstanding the foregoing provisions, whenever any Lot is owned by a husband and wife they may, but shall not be required to, designate a voting member. In the event a certificate designating a voting member is not filed by the husband and wife, the following provisions shall govern their right to vote: 1. Where both are present at a meeting, each shall be regarded as the agent and proxy of the other for purposes of casting the vote for each Lot owned by them. In the event they are unable to concur in their decision upon any subject requiring a vote, they shall lose their right to vote on that subject at that meeting, but shall count for purposes of establishing a quorum. 2.' Where only one (1) spouse is present at a meeting, the person present may cast the Lot vote without establishing the concurrence of the other spouse, absent any prior written notice to the contrary by the other spouse. In the event of prior written notice to the contrary to the Association by the other spouse, the vote of said Lot shall not be considered, but shall count for purposes of establishing a quorum. FTL:233204:1 6 3. Where neither spouse is present, the person designated in a "Proxy" (as defined in the Bylaws) signed by either spouse may cast the Lot vote, absent any prior written notice to the contrary to the Association by the other spouse or the designation of a different Proxy by the other spouse. In the event of prior written notice to the contrary to the Association or the designation of a different Proxy by the other spouse, the vote of said Lot shall not be considered, but shall count for purposes of establishing a quorum. I. A quorum shall consist of persons entitled to cast at least thirty percent (30 %) of the total number of votes of the Members. ARTICLE VI TERM The term for which this Association is to exist shall be perpetual. In the event of dissolution of the Association (unless same is reinstated), other than incident to a merger or consolidation, all of the assets of the Association shall be conveyed to a similar homeowners association or a public agency having a similar purpose, or any Member may petition the appropriate circuit court of the State of Florida for the appointment of a receiver to manage the affairs of the dissolved Association and its properties in the place and stead of the dissolved Association and to make such provisions as may be necessary for the continued management of the affairs of the dissolved Association and its properties. ARTICLE VII INCORPORATORS The names and addresses of the Incorporators of these Articles are: L. Richard Mattaway 1508 San Ignacio Avenue, Suite 200 Coral Gables, Florida 33146 Brandon Lurie 1508 San Ignacio Avenue, Suite 200 Coral Gables, Florida 33146 Lisa Mattaway 1508 San Ignacio Avenue, Suite 200 Coral Gables, Florida 33146 FTL:233204:1 7 ARTICLE VIII OFFICERS The affairs of the Association shall be managed by the President of the Association, assisted by the Vice President(s), Secretary and Treasurer, and, if any, by the Assistant Secretary(ies) and Assistant Treasurer(s), subject to the directions of the Board. The Board shall elect the President, Secretary and Treasurer, and as many Vice Presidents, Assistant Secretaries and Assistant Treasurers as the Board shall, from time to time, determine. The President shall be elected from amongst the membership of the Board, but no other officer need be a Director. The same person may hold two offices, the duties of which are not incompatible; provided, however, the office of President and a Vice President shall not be held by the same person, nor shall the office of President and Secretary or Assistant Secretary be held by the same person. ARTICLE IX FIRST OFFICERS The names of the officers who are to serve until the first election of officers by the Board are as follows: President - L. Richard Mattaway Secretary - Brandon Lurie Treasurer - Lisa Mattaway ARTICLE X BOARD OF DIRECTORS A. The number of Directors on the first Board of Directors of the Association ( "First Board ") and the "Initial Elected Board" (as hereinafter defined) shall be three (3). The number of Directors elected by the Members subsequent to the "Declarant's Resignation Event" (as hereinafter defined) shall be not less than three (3) nor more than seven (7), as the Board shall from time to time determine prior to each meeting at which Directors are to be elected. Except for Declarant- appointed Directors, Directors must be Members or the parents, children or spouses of Members. There shall be only one (1) vote for each Director. B. The names and addresses of the persons who are to serve as Directors on the First Board are as follows: FTL:233204:1 NAMES L. Richard Mattaway Brandon Lurie Lisa Mattaway .ADDRESSES 1508 San Ignacio Avenue, Suite 200 Coral Gables, Florida 33146 1508 San Ignacio Avenue, Suite 200 Coral Gables, Florida 33146 1508 San Ignacio Avenue, Suite 200 Coral Gables, Florida 33146 Declarant reserves the right to replace and/or designate and elect successor Directors to serve on the First Board for so long as the First Board is to serve, as hereinafter provided. C. Declarant intends that Parkside Village, when ultimately developed, will contain an aggregate of twenty (20) Developed Lots with a Home erected on each Lot ( "Developed Lots "). For purposes of this paragraph, "Total Developed Lots" shall mean the twenty (20) Developed Lots which Declarant intends to develop in Parkside Village. Notwithstanding the foregoing, Declarant has reserved the right in the Declaration to modify its plan of development for Park-side Village and to add land to and withdraw land from Parkside Village and, therefore, the total number of Lots and Homes within Parkside Village, and thus the term "Total Developed Lots ", may refer to a number greater or lesser than twenty (20). The number of Lots added to or withdrawn from Parkside Village and the revised number of "Total Developed Lots" will be set forth in a Supplemental Declaration recorded in the County if additional land is added to or withdrawn from Parkside Village. D. Upon the Turnover Date, the Members other than Declarant ( "Purchaser Members ") shall be entitled to elect not less than a majority of the Board. The election of not less than a majority of the Board by the Purchaser Members shall occur at a special meeting of the membership to be called by the Board for such purpose ( "Initial Election Meeting "). The First Board shall serve until the Initial Election Meeting. E. At the Initial Election Meeting, Purchaser Members, who shall include all Members other than Declarant, the number of which may change from time to time, shall elect two (2) of the Directors, and Declarant, until the Declarant's Resignation Event, shall be entitled to designate one (1) Director (same constituting the "Initial Elected Board "). Declarant reserves and shall have the right, until the Declarant's Resignation Event, to name the successor, if any, to any Director it has so designated. F. The Board shall continue to be so designated and elected, as described in Paragraph E above, at each subsequent "Annual Members' Meeting" (as defined in the Bylaws), until the Annual Members' Meeting following the Declarant's Resignation Event or until a Purchaser Member - elected Director is removed in the manner hereinafter provided. FTL:233204:1 9 A Director (other than a Declarant- appointed Director) may be removed from office upon the affirmative vote of a majority of the voting interests of Purchaser Members for any reason deemed to be in the best interests of the Purchaser Members. A meeting of the Purchaser Members to so remove a Director (other than a Declarant- appointed Director) shall be held upon the written request of ten percent (10 %) of the Purchaser Members. G. The Initial Election Meeting shall be called by the Association, through the Board, within sixty (60) days after the Purchaser Members are entitled to elect a majority of Directors as provided in Paragraph D hereof. A notice of meeting shall be forwarded to all Members in accordance with the Bylaws; provided, however, that the Members shall be given at least fourteen (14) days' notice of such meeting. The notice shall also specify the number of Directors which shall be elected by the Purchaser Members and the remaining number of Directors designated by Declarant. H. Upon the earlier to occur of the following events ( "Declarant's Resignation Event "), Declarant shall cause all of its designated Directors to resign: 1. When Declarant no longer holds at least five percent (5 %) of the Total Developed Lots for sale in the ordinary course of business and all Lots sold by Declarant have been conveyed as evidenced by the recording of instruments of conveyance of such Lots amongst the Public Records of the County; or 2. When Declarant causes the voluntary resignation of all of the Directors designated by Declarant and does not designate replacement Directors. Upon Declarant's Resignation Event, the Directors elected by Purchaser Members shall elect a successor Director to fill the vacancy caused by the resignation or removal of Declarant's designated Director. This successor Director shall serve until the next Annual Members' Meeting and until his successor is elected and qualified. In the event Declarant's Resignation Event occurs prior to the Initial Election Meeting, the Initial Election Meeting shall be called in the manner set forth in Paragraph G of this Article X, and all of the Directors shall be elected by the Purchaser Members at such meeting. I. At each Annual Members' Meeting held subsequent to Declarant's Resignation Event, all of the Directors shall be elected by the Members. At the first Annual Members Meeting held after the Initial Election Meeting, a "staggered" term of office of the Board shall be created as follows: 1. a number equal to fifty percent (50 %) of the total number of Directors rounded to the nearest whole number is the number of Directors whose term of office shall be established at two (2) years and the Directors serving for a two (2) year term will be the Directors receiving the most votes at the meeting; and FTL- 233204:1 10 2. the remaining Directors' terms of office shall be established at one (1) year. At each Annual Members Meeting thereafter, as many Directors of the Association shall be elected as there are Directors whose regular term of office expires at such time, and the term of office of the Directors so elected shall be for two (2) years expiring when their successors are duly elected and qualified. J. The resignation of a Director who has been designated by Declarant or the resignation of an officer of the Association who has been elected by the First Board shall be deemed to remise, release, acquit, satisfy and forever discharge such officer or Director of and from any and all manner of action(s), cause(s) of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which the Association or Purchaser Members had, now have or will have or which any personal representative, successor, heir or assign of the Association or Purchaser Members hereafter can, shall or may have against said officer or Director for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of such resignation, except for such Director's or officer's willful misconduct or gross negligence. ARTICLE XI INDEMNIFICATION Each and every Director and officer of the Association shall be indemnified by the Association against all costs, expenses and liabilities, including attorney and paralegal fees at all trial and appellate levels and postjudgment proceedings, reasonably incurred by or imposed upon him in connection with any negotiation, proceeding, arbitration, litigation or settlement in which he becomes involved by reason of his being or having been a Director or officer of the Association, and the foregoing provision for indemnification shall apply whether or not such person is a Director or officer at the time such cost, expense or liability is incurred. Notwithstanding the above, in the event of any such settlement, the indemnification provisions provided in this Article XI shall not be automatic and shall apply only when the Board approves such settlement and reimbursement for the costs and expenses of such settlement as in the best interest of the Association, and in the event a Director or officer admits or is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties, the indemnification provisions of this Article XI shall not apply. The foregoing right of indemnification provided in this Article XI shall be in addition to and not exclusive of any and all rights of indemnification to which a Director or officer of the Association may be entitled under statute or common law. ARTICLE XII BYLAWS The Bylaws shall be adopted by the First Board, and thereafter may be altered, amended or rescinded in the manner provided for in the Bylaws. In the event of any conflict between the FIL:233204:1 provisions of these Articles and the provisions of the Bylaws, the provisions of these Articles shall control. ARTICLE XIII AMENDMENTS A. Prior to the First Conveyance, these Articles may be amended only by an instrument in writing signed by the incorporator of these Articles and filed in the Office of the Secretary of State of the State of Florida. B. After the First Conveyance, and prior to the Turnover Date, these Articles may be amended solely by a majority vote of the Board, without the prior written consent of the Members, at a duly called meeting of the Board. C. After the Turnover Date, these Articles may be amended in the following manner: 1. (a) The Board shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of the Members, which may be at either the Annual Members' Meeting or a special meeting. Any number of proposed amendments may be submitted to the Members and voted upon by them at one meeting. (b) Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each Member within the time and in the manner provided in the Bylaws for the giving of notice of meetings ( "Required Notice "). (c) At such meeting, a vote of the Members shall be taken on the proposed amendment(s). The proposed amendment(s) shall be adopted upon receiving the affirmative vote of a majority of the voting interests. 2. An amendment may be adopted by a written statement (in lieu of a meeting) signed by all Members and all members of the Board setting forth their intention that an amendment to the Articles be adopted. D. These Articles may not be amended without the written consent of a majority of the members of the Board. E. Notwithstanding any provisions of this Article XIII to the contrary, these Articles shall not be amended in any manner which shall prejudice the rights of: (i) Declarant, without the prior written consent thereto by Declarant, for so long as Declarant holds either a leasehold interest in or title to at least one (1) Lot; and (ii) any "Institutional Mortgagee" (as such term is defined in the Declaration) without the prior written consent of such Institutional Mortgagee. FTL:233204:1 12 F. Notwithstanding the foregoing provisions of this Article XIII, no amendment to these Articles shall be adopted which shall abridge, amend or alter the rights of Declarant hereunder, including, but not limited to, Declarant's right to designate and select members of the First Board or otherwise designate and select Directors as provided in Article X hereof, nor shall any amendment be adopted or become effective without the prior written consent of Declarant. G. Any instrument amending these Articles shall identify the particular article or articles being amended and shall provide a reasonable method to identify the amendment being made. A certified copy of each such amendment shall be attached to any certified copy of these Articles, and a copy of each amendment certified by the Secretary of State shall be recorded amongst the Public Records of the County. ARTICLE XIV REGISTERED OFFICE AND REGISTERED AGENT The street address of the initial registered office of the Association is 1508 San Ignacio Avenue, Suite 200, Coral Gables, Florida 33146, and the initial registered agent of the Association at that address shall be L. Richard Mattaway. IN WITNESS WHEREOF, the Incorporator has hereunto affixed his signature this day of , 199_. L. RICHARD MATTAWAY BRANDON LURIE LISA MATTAWAY The undersigned hereby accepts the designation of Registered Agent as set forth in Article XIV of these Articles of Incorporation, and acknowledges that he is familiar with and accepts the obligations imposed upon registered agents under the Florida Not For Profit Corporation Act. L. RICHARD MATTAWAY Dated: FTL:233204:1 13 STATE OF FLORIDA ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 199, by L. RICHARD MATTAWAY, BRANDON LURIE, and LISA MATTAWAY, the persons described as the Incorporators of these Articles who executed the foregoing Articles of Incorporation, who are personally known to me or who have produced as identification. My Commission expires: FTL:233204:1 14 Notary Public Printed Name of Notary Public PREPARED BY: Jonathan D. Beloff, Esq. Ruden. McClosky, Smith, Schuster & Russell, P.A. 701 Brickell Avenue, Suite 1900 Miami. Florida 33131 SUPPLEMENTAL DECLARATION TO DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR PARKSIDE VILLAGE This instrument ( "Supplemental Declaration ", as defined in the Declaration, as hereinafter defined) is made this `day of ,1997 by WESTWAY LIMITED, a Florida limited partnership ( "Declarant "), whose principal office is located at 1508 San Ignacio Avenue, Suite 200, Coral Gables, Florida 33146, and is joined by PARKSIDE VILLAGE HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit ( "Association "), whose principal office is located at 1508 San Ignacio Avenue, Suite 200, Coral Gables, Florida 33146. WHEREAS, Declarant, joined by the Association, has executed and recorded that certain "Declaration of Covenants, Restrictions and Easements for Parkside Village" in Official Records Book ' Page , of the Public Records of Dade County, Florida (hereinafter referred to as the "Declaration "); and WHEREAS, Article III, Section 1 of the Declaration provides for the recording, from time to time, of a "Supplemental Declaration" to commit all or portions of the "Additional Property" to the "Property" (all as defined in the Declaration), subject to the terms and provisions of the Declaration; and WHEREAS, Declarant has previously declared other portions of " PARKSIDE VILLAGE" (as defined in the Declaration) to be Property and subject to the Declaration; and WHEREAS, Declarant is the owner of and now desires to declare the real property described on Exhibit "A" ( "Supplemental Property"), hereto to be Property and subject to the Declaration; and NOW, THEREFORE, Declarant, joined by the Association, hereby makes this Supplemental Declaration and hereby declares that the Supplemental Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, burdens and liens set forth in the Declaration and in this Supplemental Declaration. FTL:233108:2 ARTICLE I DEFINITIONS The terms defined in the Declaration are incorporated herein by reference. Such terms are identified by initial capital letters and appear in quotation marks when used herein for the first time. ARTICLE II DESCRIPTION OF PROPERTY AND LAND USE AREAS The legal description of the Supplemental Property is attached hereto as Exhibit A and is hereby made a part hereof. Also attached as Exhibit B is the "Site Plan" for the Property. Upon recordation of the Plat: 1. The portions of the Supplemental Property designated on the Plat as Lots through , inclusive, are each hereby declared to be a "Lot" for a residential "Home" to be constructed as those terms are defined in the Declaration. 2. The portion of the Supplemental Property designated on the Plat as Tract " _" is hereby declared to be "Streets," "Drives," "Roads" and/or Roadways," as defined in the Declaration, but subject to the requirements set forth on the Plat. 3. In addition to the Landscape Easements established in the Plat and the Declaration, Parkside Village shall also be subject to the Landscape Easements on the Plat and as set forth herein. 4. The portions of the Supplemental Property designated on the Plat as are Association Property and are hereby declared to be "Landscaped Areas" and "Grassed Areas" as defined in the Declaration. 5. Declarant hereby declares that all of the Supplemental Property designated on Exhibit "A" is Property and is therefore subject to the applicable land use covenants and the benefits and burdens established under the Declaration as fully as though it were originally designated as such in the Declaration. FTL:233108:2 2 IN WITNESS WHEREOF, Declarant has executed, and the Association has joined in, this Supplement on the day, month and year first above written. WITNESSES AS TO DECLARANT: Printed Name: Printed Name: WITNESSES AS TO ASSOCIATION: Printed Name: Printed Name: Mt 233108:2 3 WESTWAY LIMITED a Florida limited partnership By: a corporation as General Partner By: Printed Name: Title: (CORPORATE SEAL) PARKSIDE VILLAGE HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit By: Printed Name: Title: (CORPORATE SEAL) STATE OF FLORIDA ) ) ss: COUNTY OF DARE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by as of , the general partner of WESTWAY LIMITED, a Florida limited partnership, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He /She is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of )1997. My Commission Expires: Notary Public Printed name of Notary Public STATE OF FLORIDA ) ) ss: COUNTY OF DADE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by as of - 7 the general partner of WESTWAY LIMITED, a Florida limited partnership, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He /She is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of 1997. My Commission Expires: Notary Public Printed name of Notary Public FTL:233108:2 4 441*t�, 1�4 Allvb ` CO Y Since 1935" WORLEY HUMPHREY & BALL, INC. .' INSURANCE / FINANCIAL SERVICES 9500 S. Dadeland Blvd., Suite 200, Miami, FL 33156 -2866 • P.O. Box 561567, Miami, FL 33256 -1567 (305) 670 -6111 • Fax (305) 670 -9699 • (800) 273 -4433 • E -Mail WHBINS ® AOL . COM June 6, 1997 ; 1 Mr. William A. Mackey, Jr. ;� Director of Planning & Zoning JUN I O l997. City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: Paradise Village /Shaw Nursery Project. CT Dear Bill: I gained a great deal of appreciation for what you and Brian go through last night and, quite frankly, came away from the meeting with more respect for the process than I had previously. I would hate to think how long it would take and where we would be if we did not have the professional guidance of people like you and Brian to keep lay people like ourselves on track. I am also surprised the time commitment the planning board makes for this process. They must spend a great deal of time and energy on behalf of the citizens of South Miami. I would like to reiterate my concerns and comments last night and ask that you provide them to the members of the city commission. They are as follows: 1. I do agree that we should close 84th Terrace to eliminate any. possibility of traffic through our quiet neighborhood. We have enough problems with traffic on 64th Street itself. 2. I prefer and believe that many of those at the meeting last night agree that no walkway should be provided along the 84th Terrace side and that that right -of -way be abandoned to the property owners. I would agree with you that the developer should pay for moving the utilities and extending the fences as necessary for each of the property owners. 3. with regard to the wall, I have serious concerns with regard to the possibility of graffiti. I was encouraged to hear that;l;,they are going to landscape it heavily and plant ivy to cover',the wall. l;- J4 _I� y'i; ilii�� .,� 1t,�� i��rj11,' ,':�r i� r��'��•. '� r r—i',' 1 .� Ei �� ij � � i ��+ +iii 1 +S �.I '}>✓� iji Y�I -��i„a 4�� F�ltl.� T��; ��i. r—r �e ��;� j� +w+�...� '� � � .� n w :3 5,,,r_ 1L �3 ,�li�•� • t li, � Y....y 7 1..•:� �,1„r,..r_- .r-, i � T .......... r-+ rt ^•+.rr -ti: ",-c- r�;•c .rf.>n -•�s2r .r,... r„ :ti 1� c "^t ��^" • {, � �.'++p- +��xY' i 1 � �.�.....t. t >t:.+�.:. -Y WORLEY "Since 1935" 'HREY & BALL, INC. NCE / FINANCIAL SERVICES 9500 S. Dadeland Blvd., Suite 200, Miami, FL 33156 -2866 • P.O. Box 561567, Miami, FL 33256 -1567 (305) 670 -6111 • Fax (305) 670 -9699 • (800) 273 -4433 • E -Mail WHBINS @ AOL . COM Mr. William A. Mackey, Jr. June 6, 1997 Page 2 4. I would request you leave the width of 58th Avenue as is. I do believe that it acts as an inhibitor to speeding traffic. S. I have very serious concerns with regard to traffic along 84th Terrace, 58th Avenue, 84th Street, 85th Street and 86th Street during the construction phase of the operation. If at all possible, I would like there to be requirements that construction vehicles enter and exit the property from Red Road. 6. As I indicated last night, I would have preferred to see 12 - 15 residences developed. 7. I have been writing for almost two years to various individuals at The City of South Miami and Metro Dade requesting a four -way stop at 84th Street /58th Avenue to no avail. Could you help in this regard? It was nice to hear I was not alone in this concern. Again, as indicated, I appreciate the time that you and Brian have given me to educate me in this process. I remain, Sinc e y yours, J. H Worley, r. JHW:mb i 1 irxa.M 17 1 Y 1.Y.. � -'-A 777,47 [i r^^. •t!'+ L!^'f"*.`aT3 iT'.rt.)F'/'rIR ./ "4 rraer+.Tw^Y B. ITEM: PB -97 -019 Applicant: Joseph Shaw Request #1: A Planned Unit Development - Residential (PUD -R) pursuant to Section 20 -5.12 of the Land Development Code. Request 92: A waiver of right -of -way improvements along SW 58 Avenue, pursuant to Section 20- 4.2(C)(1) of the Land Development Code. Request #3: A petition to close the southern '/z of the western 440 feet of the LNE\dPROVED right -of -way, known as SW 84 Terrace, between Red Road and SW 58 Avenue, pursuant to Florida Statutes Chapter 336. Location: 8510 SW 57 Avenue and 5770 SW 84 Terrace South Miami, Florida 33143 1. Ms. Thorner read the request into the record. 2. Staff presented the item to the Board, noting that the application involves the proposal for a planned unit development (PUD) consisting of twenty single - family residences to be built in two phases. 3. Staff asked that representatives for the applicant present their proposal. 4. Mr. Stephen Helfman signed in to speak as a representative. a. Mr. Helfman began by asking the architect for the project to provide a "walk through" of the site plan, providing information as to the location of the PUD, arrangement of the residences within the PUD, etc. 5. Mr. Raul Sotolongo, architect, signed in to speak as a second representative. a. Mr. Sotolongo presented details of the project by defining its overall boundaries; noting the location of its entrance and emergency exit; the creation of its park -like environment; the development of its village atmosphere; and the overall uniqueness of the PUD with its meandering street and clustering of residences. 6. Mr. Helfman summarized the application by reviewing the three requests, including the request for overall approval of the project, contained in Item PB -97 -019. 7. Mr. Mackey addressed issues that have materialized with staff's review of the application, including grades from which to measure heights of residences within the PUD and swimming pools as part of the required landscaped buffer along SW 58 Avenue, as outlined in the Director's Staff Report dated May 13, 1997. PB Mil 6 -5 -97 8. Mr. Mackey reviewed the list of seven recommendations contained in the report of May 13`''. 9. Following Mr. Mackey's presentation of the report, discussion ensued in regard to criteria for abandonment of right -of -ways; clarification on abandonment of SW 84 Terrace; public accessibility to the PUD; ownership of common elements within the PUD; ingress and egress for the PUD; maintenance of the SW 58 Avenue right -of -way; and variations in the two models of the residences. 10. Mr. Helfman spoke in regard to the four recommended considerations listed on page 4 of the director's report, stating that the developer agrees to these four considerations. 11. Public hearing was opened. a. Mr. Jose Basulto, of 5790 SW 84 Street, signed in to speak before the Board. He stated that his concerns involved the erection of a perimeter wall and the impact on SW 84 Terrace, particularly its northern portion. Mr. Basulto also related that he had security concerns if pedestrian traffic were to be permitted at the southern end of properties located along SW 84 Street. b. Mr. John Shaw, of 5861 SW 83 Street, signed in and spoke before the Board. Mr. Shaw stated that he was present to speak in reference to his mother's residence located at 5770 SW 84 Street. Mr. Shaw also spoke in regard to security problems if pedestrian traffic were to occur along the southern end of properties located on SW 84 Street. c. Mr. Paul Andrews, of 5840 SW 86.Street, signed in to speak before the Board. He stated that his concerns involved the narrowness of SW 58 Avenue. Mr. Andrews commented that he would be in favor of widening SW 58 Avenue to 18 feet, in order to render it a two -lane thoroughfare. d. Mr. Lamar Cannington, of 6150 SW 84 Street, signed in to speak before the Board. Mr. Cannington stated that he was concerned about drainage problems, and he spoke in favor of widening SW 58 Avenue to accommodate two lanes. e. Mr. Ted Marinoff, of 5720 SW 84 Street, signed in and spoke before the Board. Mr. Marinoff commented that he would not be in favor of closing SW 84 Terrace nor in favor of permitting pedestrian traffic in the vicinity. f. Mr. Hayes Worley, of 5800 SW 84 Street, spoke before the Board; however, he did not sign in for the record. Mr. Worley related that he had a number of concerns involving the application, including the generation of construction traffic in the vicinity, the spraying of graffiti on' the perimeter wall, and the number of residences proposed for the project. Mr. Worley noted that he would be in favor of closing SW 84 Terrace and in leaving SW 58 Avenue as existing. Further, Mr. Workey stated his objection to permitting pedestrian traffic to the south of the properties on SW 84 Street. g. Mr. Tom Cooper, of 5851 SW 87 Street, returned to the podium and spoke before the Board. He explained that he would not be in favor of creating a public thoroughfare in the area to the PB Nlin 6 -5 -97 5 north of the PUD and to the south of the properties along SW 84 Street. Mr. Cooper stated that he would be in favor of widening SW 58 Avenue. Mr. Cooper added that he would prefer the proposed 'pedestrian walkway to be concrete as opposed to asphalt, and he suggested that the developer be involved in the community, perhaps via the charrette currently planned for the area. h. Ms. Kimberly Mariani, of 5860 SW 84 Street, signed in to speak before the Board. Ms. Mariani stated that she agreed with the proposed closure of SW 84 Terrace and the possible widening of SW 58 Avenue. Ms. Mariani commented that she opposed the creation of a public walkway to the north of the PUD, and she suggested that a four -way "stop sign" be erected at the intersection of SW 58 Avenue and 84 Street. i. Ms. Yvonne Arch, of 5851 SW 58 Street, signed in and spoke before the Board. Ms. Arch commented that she would be opposed to the widening of SW 58 Avenue to accommodate two lanes. j. Staff read into the record a letter authored by Mr. Stanley Sterbenz, of 5860 SW 85 Street, who wrote that he objected to the waiver of right -of -way improvements along SW 58 Avenue and to the closure of SW 84 Terrace. Mr. Sterbenz closed by writing that the "...basis for these requests is insufficient. No special consideration is warranted." 12. Public hearing was closed. 13. Following the close of the public hearing, discussion of the application continued, including location and details of the perimeter wall; the massing of the residences; green space within the project; drainage at the "Fern Glade" located within the development; two phases intended for completion of the project; and construction issues related to building of the development. 14. Motion: Mr. Basu moved approval of Item PB -07 -019, based on the conditions (1) that abandonment of SW 84 Terrace occurs west of the PUD entrance, in order for the subject property to revert back to adjoining property owners and to implement recommendations number 5 and 6 contained in the director's report; (2) that access for construction vehicles occurs at Red Road only, with no access at SW 58 Avenue and SW 84 Terrace; (4) that participation by the developer in the Charrette III process occur, both financially and physically, as a suggestion and as a "gesture of goodwill ". Mr. Pages seconded the motion. 15. Vote: Approved: 6 Opposed: 0 V. Approval of Minutes A. Minutes for May 13, 1997: 1. Motion: Ms. Dupree moved approval of the Minutes for May 13, 1997, as read. Mr. Basu seconded the motion. 2. Vote: Approved: 6 Opposed: 0 PB Min 6 -5 -97 6 VI. Remarks There were none. VII. Adjournment A. There being no further business before the Board, the meeting was adjourned at approximately 11:15 p.m. B. Respectfully, 1. Chairperson 2. Board Secretary PB Mill 6 -5 -97 7 NOTICE OF PUBLIC HEARING All ti) CITY OF SOUTH MIAMI JUN — 5 199I Planning and Zoning Division ® 6130 Sunset Drive; South Miami, Florida 3314 PLANNING DIVISION Phone: (305) 663 -6327; Fax #: (305) 666 -459 On Thursd.ty. June 5. 1997, at 7:30 P.M. the City of South Miami Planning Board will conduct a Public He -ring in the Commission Chambers at the above address on the following: ITEM: IIB -97 -019 Applicant: Joseph Shaw Request 9 A Planned Unit Development (Residential) pursuant to Section 20 -5.12 of the Land Development Code. Request r ': A %waiver of right -of -way improvements along SW 58' Avenue, pursuant to Section 204.2(C)(I) of the Land Development Code. Request A petition to close the southern '' /z of the western 440 feet of the UNIMPROVED right -of -way, known as SW 84 Terrace, between Red Road and SW 58 Avenue, pursuant to Florida Statutes Chapter 336. Location: 8510 SW 57 Avenue and 5770 SW 84 Terrace South Miami, Florida 33143 All interestec: parties arc urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing pries io or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board consit .•rs in the nest interest for the area involved. Interested parties requesting information arc asked to contact the BZCD Depa: emcnt h} calling 663 -6347 or writing to the address indicated above. You arc her. -3y a6iscd :hat if any person desires to appeal any decision made with respect to any matter considered at this meeting or • ring. ,uc;t person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of thL procccdings is made. which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). l:cfer to hearing number when making any inquiry. �z /9 7 r •f'..� 4 y7-?f n E y t, ' I will be away from town on June 5, 1997. I object to Request #2: waiver of right -of -way improvements along 58 Ave; these should not be waived, And [ I object to ] Request #3: A petition to close, etc., this right -of -way known as SW 84 Terrace, etc., should not be closed, And [ I object to ] Request # 1: if it encompasses any of the matters involved in Requests #2 & #3; the basis for these requests is insufficient. No special consideration is warranted. [ signed ] Stanley R. Sterbenz 5860 S.W. 85 Street [ Please note that items in italics are Editor's Notes. ] « ESTNV AN IN'CORPORATED P.O. Box 331983 ' Nllwu. FORMA 33233 -1984 Telephone (3DS) 662 -1321 Telecopier (3(15) 666 -3990 March 18, 1997 Bill Mackey, Director Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Site Plan Application for Parkside Village PUD at Shaw Nursery Dear Mr. Mackey: We herewith submit our formal application for approval of the site plan for the Planned Unit Development at the Shaw Nursery property located on Red Road at S.W. 84`h Terrace. In addition to our application form for the required public hearings and our check for the application fee of $3,000.00, we submit the following: • Seven (7) full size sets of all required plans • One (1) set of plans reduced to 8.5" by 14" • Survey • Lighting plan • Sketch and legal description of Phase 1 • Sketch and legal description of Phase 2 • Approval letter from Metro -Dade Fire Rescue and accompanying plan • Tree survey and accompanying tree list • Color selection scheme • Photographs of site and surroundings We have worked hard to create a plan that, as much as possible, and to the extent feasible, accommodates the concerns and suggestions that have come from you and your staff over the many months we have been working toward this site plan. We look forward to your comments and hope it meets with your favorable approval. S' ene6�r, L. ichard Mattaway cc: Joe Shaw Stephen Helfman �i CITY OF SOUTH MIAMI PLANNING AND ZONING ® ENVIRONMENTAL REVIEW AND PRESERVATION BOARD APPLICATION STREET ADDRESS OF JOB: S S 10 -:!S t�� Ej `7 4'11. A 0�e_ SOUTH MIAMI, FL PROPERTY OWNER: Sos�h S'�1�L� TEL. NO. ADDRESS: S S (.��. 7 '' Av I,- STREET CRY STATE LtP WHAT IS THE PRESENT USE OF THE PROPERTY? PLEASE, BRIEFLY SUMMARIZE THE WORK TO BE PERFORMED: o At ..,1 in o 1 �r• � �,�, q; � l c c{ �pn� ✓ti.0 � ��y , Q. r do v � dc�' �-he C � �-�, WD cc,,je- Q -7 po0 OOU 1�t�� WHAT WILL THE TOTAL COST BE TO COMPLETE THIS PROJECT? $ .VP. -,iCAN `S NAME: �o S.. j�K ��.� -`1 TEL NO. L C - r f. 1 1 DDRFSS: E 7+ S. O'k L 4-4-;&.% ", , L STREET CRY STATE ZIP AS THE ,.PPLICANT. PLEASE. INDICATE YOUR RELATIONSHIP TO THIS PROJECT SINGLE - FAMILY RESIDENCE X BUSINESS OFFICE RETAIL STORE OTHER: APARTMENT OR TOWNHOUSE MEDICAL OFFICE AUTO REPAIR PLEASE, BRIEFLY SUMMARIZE THE WORK TO BE PERFORMED: o At ..,1 in o 1 �r• � �,�, q; � l c c{ �pn� ✓ti.0 � ��y , Q. r do v � dc�' �-he C � �-�, WD cc,,je- Q -7 po0 OOU 1�t�� WHAT WILL THE TOTAL COST BE TO COMPLETE THIS PROJECT? $ .VP. -,iCAN `S NAME: �o S.. j�K ��.� -`1 TEL NO. L C - r f. 1 1 DDRFSS: E 7+ S. O'k L 4-4-;&.% ", , L STREET CRY STATE ZIP AS THE ,.PPLICANT. PLEASE. INDICATE YOUR RELATIONSHIP TO THIS PROJECT P:.°R.SE. INDICATE CONTACT PERSON (ERPB's decision will be mailed to the contact person indicated below): PROPERTY OWNER APPLICANT Sul 1-�e. v�O L 231 4<. OTHER (provide name and address) 4 PLETE SION YOUR NAME ON THE LINE ABOVE DATE /7 rj �C P �I)� OWNER 0171 HE PROPERTY X TENANT'/ LESSEE CONTRACTOR OTHER: OWNER OF THE BUSINESS ARCHITECT ENGINEER P:.°R.SE. INDICATE CONTACT PERSON (ERPB's decision will be mailed to the contact person indicated below): PROPERTY OWNER APPLICANT Sul 1-�e. v�O L 231 4<. OTHER (provide name and address) 4 PLETE SION YOUR NAME ON THE LINE ABOVE DATE /7 rj �C P �I)� VF. 6130 Sunwt DmmL South Kam Aonda3 —3 APPLICATION FOR PUBLIC HEAR=G BEKM PLAWDiG BOARD Applicant: -5k4"J Property owner: S h-,L-j Signature: Address: 8510 Sw. 5-rts Qv 1,r Phone Number: Represented By: L.:R. Ike, organization: Wa.s- �4. T,.e,. Address: J548 SA-A 1:'nv% as A%m Sew Phone., Architect /Engineer:.Scr}„ la► t A=tx4 Phone: 51f 3 — 5 -N S Owner Option to purchase _ Contract to purchase _ Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION ILot(s) Block subdivision PB _ Metes and Bounds: �` 1 ��" ! r•.�-4"�c..ti►e_d. h� Kf+. ~s t- }th+bi � �f}' Township 3 G- Section S. i Range APPLICATION IS HEREBY MADE Foil THE FOLLOWING. _ Variance + special Use Rezoning _ Text Amendment to LDC Text Amendment to Comp Plan PUD Approval _ PUD Major Change Briefly explain application and cite specific Code sections: . T U D ar f"r° v,. t SECTION: do• 31 SUBSECTION: PAGE /: AMENDED DATE: SUBMITTED MATERIALS _ Letter of intent statement of hardship _ Reasons for change: from orner /tenant inherent in the land list justifications Proof of ownership Power of attorney _ Contract to purchase Current survey -2L<'7 copies of site Plan 2 Required fee(s) for within 3 years 1 reduced e 8.5" x 11" coat of advertising The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct co the rsst of the applicant's knowledge and belief. Date Applicant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY DATE FILED ACCEPTED REJECTED DATE PB HEARING _ COMMISSION PETITION REQUIRED ADVERT DEADLINE OTHER INFO PETITION ACCEPTED _ - - -- . __ . . J' :T R r I � ss�• smn � I :T �1 a I ( I S. W. 88th. STREET LOCATION MAP SE i/4, SE i/4, SECTION 36 -54 -40 SCALE: s' -300' LEGAL DESCRIPTION: The South 528.00 feet Southeast 1/4 of the 275-00 feet, less the 253.00 feet (263.00 South 120.00 feet. of County, Florida. 4 0 Q 0 W Z u C n MUTHEAST CORNER, SECTION 36 -54 -40 (538.00 feet measured) of the Northeast i/4 of the Southeast 1/4, less the East 325.00 feet of the South East 187.50 feet of the West 400.00 feet of the North feet measured), and less the West 156.00 feet of the Section 36. Township 54 South, Range 40 East, Dade 04/14/97 FOLIO 09 4036 000 0870 PUBLIC VALUE INQUIRY * * * PROP ADDR PTXM0186 04/14/97 * * * PUBLIC VALUE INQUIRY * * * PTXM0186 FOLIO 09 4036 000 0880 PROP ADDR 5770 SW 84 TERR MCD 0900 NAME AND LEGAL VALUE HISTORY JOSEPH C SHAW &W ALICE V YEAR 1995 1996 01/01/97 5770 SW 84 TERR LAND 137200 137200 S MIAMI FLA BLDG 160442 160442 MARKET 297642 297642 331438222 =------------------------------------------- -------------------------- 36 54 40 .98 AC ASSESS 297642 297642 N253FT OF W40OFT OF S528FT OF HEX 25000 25000 NE1 /4 OF SE1 /4 OF SE1 /4 LESS WVD W212.5FT & N25FT TOT EX LOT SIZE IRREGULAR TAXABLE 272642 272642 STATE EXEMPT: SALE DATE SALE AMT SALE TYPE I/V SALE 0/R PF1 -MORE LEGAL PF2 - PARCEL INFO PF3 -FOL SRCH PF5 -TAX COLL PF7 -PREV OWNER PF8 -MENU MCD 0900 NAME AND LEGAL VALUE HISTORY JOS C SHAW &W ALICE YEAR 1995 1996 01/01/97 8510 S RED RD LAND 297850 297850 SO MIAMI FL BLDG 1301 1301 MARKET 299151 299151 331438201 --------------------------- = --------------= ---------------------------- 36 54 40 3.7 AC ASSESS 299151 299151 S528FT OF NE1 /4 OF SE1 /4 OF SE1 /4 HEX LESS E325FT OF S275FT & LESS WVD E188FT OF W40OFT OF N253FT & LESS TOT EX 285344 T 285344 T W156FT OF S120FT & LESS RDS TAXABLE 13807 13807 STATE EXEMPT: AGRICULTURAL SALE DATE SALE AMT SALE TYPE I/V SALE 0/R PF1 -MORE LEGAL PF2- PARCEL INFO PF3 -FOL SRCH PF5 -TAX COLL PF7 -PREV OWNER PF8 -MENU 04/14/97 * * * PUBLIC VALUE INQUIRY * * * PTXM0186 FOLIO 09 4036 000 0880 PROP ADDR 5770 SW 84 TERR MCD 0900 NAME AND LEGAL VALUE HISTORY JOSEPH C SHAW &W ALICE V YEAR 1995 1996 01/01/97 5770 SW 84 TERR LAND 137200 137200 S MIAMI FLA BLDG 160442 160442 MARKET 297642 297642 331438222 =------------------------------------------- -------------------------- 36 54 40 .98 AC ASSESS 297642 297642 N253FT OF W40OFT OF S528FT OF HEX 25000 25000 NE1 /4 OF SE1 /4 OF SE1 /4 LESS WVD W212.5FT & N25FT TOT EX LOT SIZE IRREGULAR TAXABLE 272642 272642 STATE EXEMPT: SALE DATE SALE AMT SALE TYPE I/V SALE 0/R PF1 -MORE LEGAL PF2 - PARCEL INFO PF3 -FOL SRCH PF5 -TAX COLL PF7 -PREV OWNER PF8 -MENU . Metropolitan Dade County, Florio' Fire Rescue Department ,t 6000 S.W. 87th Avenue Miami, Florida Florida 33173 -1698 (305) 596 -8600 October 18, 1996 Westway, Ltd.- c/o Brandon Lurie The Richard - Brandon Company 1508 San Ignacio Ave., Suite 200 Coral Gables, Florida 33146 Re: Shaw Property, City of South Miami SW Corner of SW 57 Ave. and 84 Terr. Dear Mr. Lurie: This is to verify that the above - referenced site plan has been reviewed for emergency vehicle access. Approval is granted with the condition that inside turning radii are no larger than 36.5 feet. If further information is needed, please call me at 596 -8502. Sincerely, Sharon A. Dolfi Planning & Capitial Improvement SAD /jce Alwltys I2eadY, (Provo! to Serve 1� 4 H • OD �o 3�9s¢� � maid• =!!r �rtd�.r -�► ,1. tid'S .i 11 ii ��• 1 �sfyl� E�8 B"�ssg il`y � r�rd� q �T •, fill Fr,7F F F7FF7 a 1 Secie Pp PP ! !lp91 �? ;aaaa s �d.7Ys g I go s �!II' �,a rLS R9pIP P pqp q° P •77ai ig F77•• � Fpe 7piFp Q ,.c cc n; It n m m !. UM N .Kl q q y PA t i r y GITY OF SCUTW mt M,, pLo `L"%t. FLORIDA. — EE __ 3 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Planning Board Chair & Members From: Bill Mackey, AICP ew Director of Planning & Zoning PARK SIDE VILLAGE PUD -R Date: May 13, 1997 Re: Parkside Village PUD -R Director's Staff Report Please, find enclosed the preliminary staff reviews (prior to formal submittal) and the final staff review and recommendation regarding the compliance with the Land Development Code of the proposed Planned Unit Development - Residential [PUD -R] entitled "Parkside Village." A copy of Section 20 -3.7 of the City's Land Development Code is attached for use with these reports. The formal staff review dated 04 -10 -97 is the required staff response under Section 20 -5.12 (A), which must be submitted to the ERPB within 30 days of the formal submission of an application. This memorandum serves as the Director's Staff Report. Although this report is not specifically required by the Land Development Code, a recommendation by the Director is expected. This is due in part to the requirements regarding the staff report contained in the previous zoning code. On May 6, 1997, due to Mr. Joe Shaw's recusal (financial interest), the ERPB lost quorum for the review of the PUD. Pursuant to Section 20- 6.1(C)(4)(c), the Planning & Zoning Director's decision, if for approval, shall constitute ERPB approval. Please, find the enclosed letter which acts in lieu of the ERPB's initial approval of the development concept plan. This letter specifies seven conditions for approval. Six of these conditions are to be met via submittals prior to the Planning Board's Public Hearing. The conditions contained in said letter and the formal staff review dated 04 -10 -97 include conditions and requirements that the developer must observe. Introduction The proposed Planned Unit Development - Residential [PUD -R] is entitled "Parkside Village." This project is comprised of two parcels, the Shaw Nursery property and the private residence of Mr. & Mrs. Joe Shaw, which are both under the common ownership of Mr. & Mrs. Joe Shaw. The Shaw Nursery property is identified by tax folio number 09- 4036 - 000 -0870 and is located at 8450 Red Road. The Shaw residence is identified by tax folio number 09- 4036 - 000 -0880 and is located at 5770 S.W. 84 Terrace. These parcels are contiguous, under common ownership, and are proposed as a single unified project which is to be developed in two, distinct phases. Park Side Village PUD -R Director's Staff Report Page 2 of 4 The two phases of development comprise a total of 20 single- family residential homes. The first phase will include the development of 16 single- family residential homes, while preserving the existing Shaw residence. The second phase will include development of four homes to replace the Shaw residence. All of the external and perimeter site improvements, such as the perimeter walls, lighting, and landscape buffers are to be completed as part of the first phase. Abandonment of Roadways Per my suggestion, the applicant's request for a PUD -R is also accompanied by a request for the abandonment of portions of the unimproved rights -of -way along S.W. 58 Avenue and portions of S.W. 84 Terrace. These rights -of -way may be abandoned by action of the City Commission. Abandonment is suggested, in order to prevent the widening of S.W. 58 Avenue and to preclude any traffic overflow from Red Road into the neighborhood via S.W. 84 Terrace. Abandonment of one -half of the rights -of -way on S.W. 58 Avenue and S.W. 84 Terrace is intended to protect the ambiance of the existing single - family residential neighborhood which is located west of S.W. 58 Avenue and south of S.W. 84 Street. The applicant can only request closure of one -half of the right -of -way along S.W. 84 Terrace. Under the recommendations section of this report, it is proposed that the City Commission consider closure of the northern half of the right -of -way to correspond with the proposed southern closure. Mitigation for the benefit of abutting property owners along the northern boundary of this right -of -way includes utility and fence alignments. The process for abandonment of a roadway requires two Public Hearings; thus, public input by the residents and property owners in the neighborhood can be reviewed by the City Commission as part of their determination. Some property owners immediately adjacent to S.W. 84 Terrace have expressed objections to the proposed abandonment. It is my opinion that construction of a regular paved roadway at S.W. 84 Terrace will not preserve the character of the neighborhood. Heights At the ERPB Meeting of August 23, 1997, two approaches for determining heights of structures were discussed. The approaches are as follows. Staff utilizes the citywide standard based on the grade of adjacent roadways, while the developer proposes a standard to be based on interior, project roadways. In addition, staff proposes that the project is limited to a maximum height of 25 feet, while the developer proposes that this limitation is not applicable. The final approach to be utilized for this development is negotiable and must be approved by the City Commission. The height of all structures in the project must be measured from a point of reference which is called "grade." Grade is defined under Section 20 -2.3 which states that "Grade. Shall mean the average elevation of the crown of abutting roadways." Staff utilizes the citywide standard of the public roadway, in this case, Red Road and S.W. 58 Avenue. The general purpose of utilizing the public roadway is so that all structures within a neighborhood will be measured utilizing the same standard. The developer proposes utilizing the private roadway within the project which will be constructed approximately two feet higher than the public roadway due to flood criteria; thus, the developer's standard permits two feet of additional building height within the project. Park Side Village PUD -R Director's Staff Report Page 3 of 4 Regarding overall height limitations, the approach staff utilizes is based upon the language of Section 20- 3.7(B)(1)(a) which states: "The intensity in planned unit development districts shall be governed by those densities and intensities established for the zoning district or districts involved and the city's adopted Comprehensive Plan." Staff, therefore, concludes the maximum height of structures are part of the "intensity" language in this paragraph; thus, the maximum permitted height of structures is 25 feet, as regulated by Section 20 -3.5E. Staff would measure this height from the height of the adjacent public roadways (about seven feet above sea level). The developer cites Section 20- 3.7(D)(5) which states: "Except along boundaries where a PUD -R district adjoins a district permitting the same or greater heights within similar areas, no portion of any building in a PUD -R development shall project through imaginary planes leaning inward from the PUD boundaries at a forty -five (45) degree angle." The developer concludes that this is the sole restriction on height for the project. The developer initiates the imaginary plane at the improved grade height for the project (about nine feet above sea level). Swimming Pools The developer proposes five swimming pools (Lots 2, 7, 8, 9 and 10) to be located in the 20 -foot landscape buffer required under Section 20- 3.7(D)(4). The developer will present arguments to the City Commission as to why these swimming pools may be considered as part of the required landscape buffer. The nature of the landscape buffer which may be utilized for this development is negotiable and must be approved by the City Commission. Drainage The developer will be required to elevate the site and provide proper drainage structures per the requirements of the South Florida Building Code. The area designated as "Fern Glade" is to act as additional drainage for periods of intense inundation. The developer is required to submit a letter outlining how the surrounding properties are to be protected from any potential flooding. Comprehensive Plan The proposed Planned Unit Development - Residential does not conflict with the City's adopted Comprehensive Plan. The total project density of one dwelling unit per 10,000 square feet of net area is maintained (as proposed); and, the maximum height limit of two- stories is not exceeded. Summary The proposed development is permissible, pursuant to conditions and requirements in the staff report dated 04 -10 -97 and the letter of ERPB approval, dated May 7, 1997. Abandonment of roadways, right -of -way improvements, method of building height calculation, and composition of landscape buffers will be determined by sovereign action of the City Commission. Proposed site layout and phasing of the project must also meet with the approval of the City Commission. Park Side Village PUD -R Director's Staff Report Page 4 of 4 This development is proposed as a separate and distinct entity which will function independently from the surrounding neighborhood, while providing a heavily landscaped edge. This separation may be viewed as exclusionary; however, the project as a result of its separateness will act as a buffer to the neighborhood. A standard subdivision would be required to provide for full- width, paved roadways which would create enhanced connectivity and access to and from Red Road. This would increase the potential for traffic infiltration through the existing neighborhood. The proposed development, including landscaped pathways on reduced rights -of -way, prevents the widening of S.W. 58 Avenue and precludes any traffic overflow from Red Road into the neighborhood via S.W. 84 Terrace. This will serve to protect the existing ambiance of the area. Recommendation I recommend approval of the project with the following four considerations for the developer and two considerations for the City Commission which may be reviewed at the public hearing: 1. Provide a landscape buffer, such as a berm or hedge, to be located along the northern portion of the right -of -way currently identified as S.W. 84 Terrace, in order to block the headlights of cars entering and/or exiting the project; 2. Provide decorative, street lamp fixtures on all proposed landscape pathways which abut Red Road and S.W. 58 Avenue, in order to match the existing, traditional- styled fixtures already located along these public rights -of -way; 3. Provide additional lighting in the Fern Glade area utilizing the same style of decorative, street lamp fixtures found on Red Road and S.W. 58 Avenue; 4. Provide all of the required documentation set forth in the staff report, dated 04- 10 -97, and the letter of approval, dated May 7, 1997 (see attached); and, That the City Commission consider abandoning the northern portion of the unimproved right -of -way corresponding with the request of the developer for the southern portion of said right -of -way, known as S.W. 84 Terrace; and, 6. That the City Commission require, as a condition of development approval, the developer to pay for (a) the relocation of utilities along the new property line and (2) the extension of all fences (in same style as existing), so that the northern portion of the right -of -way may revert to the use and enjoyment of the abutting property owners along S.W. 84 Street (and east of the entrance). c: L. Dennis Whitt City Manager = CITY OF SOUTH MIAMI PLANNING AND ZONING COMMENT SHEET 6130 Sunset Drive, 2" Floor; South Miami, Florida 33143 Phone: (305) 663 -6327; Fax #: (305) 666 -4591 SHAW PROPERTY (PUD -R) Preliminary Review 9 -24 -96 By: BS Basic Requirements 1) Density • Net area (excluding right -of -ways) is used when calculating density. Therefore, the net area is 212,688 sq. ft. with 21.27 units allowed. • Location map must properly show the affected properties. 2) Site Characteristics • Wall around all exterior property lines of the PUD in order to retain all rainfall on -site (per new methods of construction ordinance). 3) Traffic Flow and Control • Private roadways must be 35 feet (per LDC Section 20- 3.6(F)(f)). • Preliminary letter from Metro -Dade Fire approving the site plan submitted. 4) External Relationships • Can not be determined at this time. A proper site plan to scale showing proposed locations of structures must be submitted. • Proposed heights must be provided. 5) Screening and Buffering • The project will be subject to the City's landscaping ordinance. 6) Off - Street Parking and Loading • N/A 7) Signs and Lighting • Can not be reviewed at this time. 8) Service Areas • N/A 9) Control of Potentially Adverse Effects • Special landscaping considerations for the exterior portion of the PUD property. Especially, Dante Fascell Park and 58 Avenue. • Increased setbacks for the structures adjacent to the park. 10) Streets • Clearly note all right -of -way dedications and improvements including proposed roadway widths. I. SW 58" Avenue II. SW 57'h Avenue III. SW 84`h Terrace 11) Uses • N/A 12) Building Heights • Exterior street elevations must be provided indicating proposed heights. 13) Pedestrian Amenities • Landscape path (57 & 58 Avenue) • Bus stops? • Exterior street lighting (57 Ave). • Pedestrian entrances 14) Transit Availability • N/A 15) Spatial Relationships • No review at this time due to uncertainty of proposed structure locations. • Special architectural consideration for the following: I. Two story structures II. Garage walkways? III. Structures abutting exterior PUD project lines 16) Open Space • 30% open space must be provided and delineated. Open space means that part of a lot, including courts and yards, which is open and unobstructed from its lowest level upward, and accessible to all residents on the lot without restrictions except as may be required for safety. Not more than ten (10) percent of any required open space shall be water area. The following are not considered: I. Parking areas and driveways II. Buildings and structures III. Private ownership areas IV. Street surface areas • Of the above 30% one -half must be contiguous. 17) Sidewalks • Should be provide along 57 Avenue and 58 Avenue (landscape path). 2 General Requirements PUD -R 1) Where the boundaries of the PUD -R district adjoins a district permitting the same or greater heights within similar areas (RS -3); no portion of any building in a PUD -R development shall project through imaginary planes leaning inward from the PUD boundaries at a forty-five (45) degree angle. CITY OF SOUTH MIAMI �- PLANNING AND ZONING COMMENT SHEET 6130 Sunset Drive, 2 "d Floor; South Miami. Florida 33143 Phone: (305) 663 -6327; Fax #: (305) 666 -4591. SHAW PROPERTY (PUD -R) 92 Preliminary Review 2 -18 -97 By: BS Basic Requirements 1) Density All requirements fulfilled. 2) Site Characteristics • Wall around all exterior property lines of the PUD in order to retain all rainfall on -site (per new methods of construction ordinance). • Wall adjacent to right -of -ways must meet 60% open regulation for top two feet. 3) Traffic Flow and Control • Private roadways must be 35 feet (per LDC Section 20- 3.6(F)(0). 35' Radius for cul -de -sac? • Preliminary letter from Metro -Dade Fire approving the site plan must be submitted. 4) External Relationships All requirements fulfilled. 5) Screening and Buffering • A landscape buffer such as a berm or hedge across from development entrance. • DERM tree permit required for removal and relocation. Contact: Bridget Creighton of DERM at 372 -6574. 6) Off - Street Parking and Loading N/A 7) Signs and Lighting • Street lamps should be placed in the right -of -way areas along SW 57`h Avenue and SW 58`h Avenue. • More lighting in the Fern Glade area around the gazebo. 8) Service Areas N/A 9) Control of Potentially Adverse Effects All requirements fulfilled. 10) Streets All requirements fulfilled. 11) Uses N/A 12) Building Heights • Heights are measured from the average centerline grade of the adjacent roadways. Adjacent roadways are SW 57 Avenue and SW 58 Avenue. • 25' maximum for structures. 13) Pedestrian Amenities • Landscape path (57 & 58 Avenue) • Bus stops. Coordination with Metro -Dade transit required. • Exterior street lighting (57 Ave. & 58 Ave.) 14) Transit Availability N/A 15) Spatial Relationships All requirements fulfilled. 16) Open Space • The contiguous open space provided behind lots 7, 8, 9, 10, and 11 does not meet the intent of the code. 17) Sidewalks All requirements fulfilled. General Requirements PUD -R • Pursuant to Section 20- 3.7(D)(4), a landscape buffer area of not less than 20 feet in width shall be provided. (Pools ?) • Pursuant to Section 20- 3.7(D)(5), no portion of any building in a PUD -R development shall project through imaginary planes leaning inward from the PUD boundaries at a forty-five (45) degree angle. (Lots 6, 7, 11, & 12 may have setback problems depending on building heights.) 2 CITY OF SOUTH MIAMI �► PLANNING AND ZONING COMMENT SHEET 6130 Sunset Drive, 2 "d Floor; South Miami, Florida 33143 Phone: (305) 663 -6327; Fax #: (305) 666 -4591 SHAW NURSERY PROPERTY (PUD -R) 4 -10 -97 By: BS Basic Requirements 1) Density Meets minimum criteria. 2) Site Characteristics Meets minimum criteria. 3) Traffic Flow and Control Meets minimum criteria. 4) External Relationships Meets minimum criteria. 5) Screening and Buffering • A landscape buffer such as a berm or hedge across from development entrance. • DERM tree permit required for removal and relocation. Contact: Bridget Creighton of DERM at 372 -6574. 6) Off - Street Parking and Loading N/A 7) Signs and Lighting • Street lamps should be placed in the right -of -way areas along SW 57" Avenue and SW 58`h Avenue. • More lighting in the Fern Glade area around the gazebo. 8) Service Areas N/A 9) Control of Potentially Adverse Effects Meets minimum criteria. 10) Streets Meets minimum criteria. 11) Uses N/A 12) Building Heights • Heights are measured from the average centerline grade of the adjacent roadways. Adjacent roadways are SW 57 Avenue and SW 58 Avenue. • 25' maximum for structures. 13) Pedestrian Amenities • Landscape path (57 & 58 Avenue) • Bus stops. Coordination with Metro -Dade transit required. • Exterior street lighting (57 Ave. & 58 Ave.) 14) Transit Availability N/A 15) Spatial Relationships Meets minimum criteria. 16) Open Space Meets minimum criteria. 17) Sidewalks Meets minimum criteria. General Requirements PUD -R • Pursuant to Section 20- 3.7(D)(4), a landscape buffer area of not less than 20 feet in width shall be provided. (Pools on lots 2, 7, 8, 9 & 10) Submittal Requirements PUD's • The applicant must submit a closure of right -of -way application or a waiver of right - of -way application. • The applicant must submit a common area report pursuant to section 20- 5.12(G)(7). 2 ZONING REGULATIONS 20 -3.7 20-3.7 Planned unit developments. (A) General Provisions. (1) Planned unit development shall be so related to general development patterns and the objectives of the city's adopted Comprehensive Plan as to provide for the comfort and convenience of occupants, facilitate protection of surrounding neighborhoods and alleviate traffic congestion. (2) Housing, commercial uses, service facilities and principal places of employment for and in planned unit developments shall be related either by physical proximity or by major street networks and rapid transit to promote these objectives. (3) Where there are conflicts between the planned unit development regulations con- tained in this section and other sections of this Code, the regulations in this section shall .apply to all planned unit developments approved as special uses after the ef- fective date of this Code, unless the city commission determines in a particular case that: (a) The regulation fails to serve public purposes to a degree at least equivalent to general city zoning regulations or other requirements; or (b) Actions or other solutions proposed by the applicant, although not literally in accord with the regulations of this section, satisfy public purposes to an equal or greater degree. (B) Basic Requirements. (1) Density: (a) The intensity in planned unit development districts shall be governed by those densities and intensities established for the zoning district or districts involved and the city's adopted Comprehensive PIan. (b) If more than one t 1) residential zoning district is involved. the maximum number of dwelling units shall be the combined amount permitted in all of the districts, with each district calculated separately according to its site area times the per- mitted densitv. Supp. 140. 1 60.5 ZONING REGULATIONS 20.3.7 121 Site Characteristics: (a) The site shall be suitable for development in the manner proposed, without po. tential hazard to persons or property on or off -site, from flooding, erosion. sub- sidence or soil slippage, or other dangers. annoyances or inconveniences. ;b) Soil condition, ground water level, drainage and topography shall be appropriate for the type and pattern of use intended. (c) The site shall meet all requirements for development under the South Florida Building Code and other applicable city, county, state and federal regulations. (d) Site division: i. If appropriate to the form of planned unit development, lands to be included in the planned unit development may be divided by public or approved pri- vate streets, alleys, paths, bicycle paths, people movers, rights -of -way or easements. ii. The site shall be located and arranged to permit unified planning and devel- opment, and to meet all requirements, as well as provide necessary protec- tion against adverse relationships between or among uses in the planned unit development and uses in surrounding areas. (3) Traffic Flow and Control: (a) Traffic flow to and from the development shall be so designed that it will not intrude on local streets in nearby residential areas. (b) Traffic flow to and from the development shall be designed to retain the major portion of such traffic on arterial and collector streets. 1c) Adequate ingress and egress to the development shall be required and shall be measured by acceptable traffic engineering projections, methods and standards in determining: i. Safety and convenience of vehicle traffic entering and leaving the site. ii. Safety and convenience of pedestrian movements in relation to vehicular traffic. iii. General access of residents, employees and visitors to, from and within the site. iv. Access to and within the site in the event of fire, crime or other emergency or catastrophe. V. General traffic flow and control, with determinations to be based upon ex- isting street patterns, or future improvements as they may be decided as a condition of approval. (d) Where rapid or mass transit is a major consideration, the relationship of such facilities shall be a part of consideration of traffic flow and control. 61 20.3.7 SOUTH NIL-NMI LAND DEVELOPNIE \'T CODE (4) External Relationships. (a) Scale shall be such that careful consideration be given to the relationship of the development to nearby uses and structures, and to the manner in which the development will impact the city and surrounding areas. ib) Site planning shall protect surrounding areas from potentially adverse impacts and influences of the development. (5) Screening and Buffering. (a) Yards, fences, walls or vegetative screening shall be provided and maintained at edges of developments to protect occupants from undesirable views, lighting, noise or other deleterious off -site influences and to protect nearby residents and businesses from similar adverse influences. (.b) In particular, screening may be required for off - street parking and loading areas, refuse storage and collection areas and intensive recreational areas. (6) Off-Street Parking and Loading. (a) Off - street parking shall be provided in such locations and amounts that residents, visitors and employees of the development arriving by vehicle will not have to park in non - planned development - related parking facilities. (b) Off- street facilities for the loading and unloading of goods and products shall be provided in locations and amounts that such activity can be conducted off public streets without inconvenience to vehicle flow into and from the development and without inconvenience to vehicular parking. (c) Determinations as to the location and amount of off - street parking and loading shall consider: i. Rapid or mass transit potential to and from the site and standard traffic engineering projections, principles and practices. ii. The relationship of off-street parking and loading facilities to adjacent streets, as they presently exist or as they may be improved or patterns changed as a condition to granting approval. iii. Pedestrian circulation and its relationship to proposed off - street parking and loading. iv. Internal traffic flow and control. V. Arrangement of such facilities in relation to fire, crime or other emergency or catastrophe. vi. Screening or landscaping of parking or loading areas to minimize the visual impacts of such facilities. (7) Signs and Lighting. (a) The number, size, character, location and orientation of proposed signs and lighting shall be as necessary to ensure the safety of vehicular and pedestrian traffic. 62 ZONING REGliLATIONS 20.3.7 b) Lighting and signs shall be such as to provide for compatibility and harmony with nearby and adjacent properties and the general character of the surrounding area. c Following final approval. the city shall erect and maintain all street name signs and traffic- control signs for public streets. f8) Service Areas. ia) Refuse and service, areas for a planned unit development shall be designed, lo- cated, scaled and screened in a manner which minimizes impacts on surrounding properties or adjacent public rights -of -way. ib) The manner and timing of refuse collection or other service delivery activities shall be arranged so as to minimize impacts on surrounding properties or adja. cent public rights -of -way. (9) Control of Potentially adverse Effects. ia) The use and occupancy of a proposed planned unit development shall be compat- ible and harmonious with other development in the area, to a degree which will avoid substantial depreciation of the value of nearby properties. (b) As the case requires, special remedial measures to eliminate or reduce, to the maximum extent possible, adverse impacts shall be required. (c) Such special remedial measures shall include, but shall not be limited to: i. Screening or buffering; ii. Landscaping; iii. Control or manner of operation; iv. Changes in proposed construction or design of buildings; V. Change in building location; vi. Relocation of proposed open space or alteration of use of such space; vii. Changes in traffic patterns; or viii. Improvement of streets. (10) Streets. (a) Where improvements in existing street systems, including pavement widening, divider medians, signalization and the like are found by standard traffic engi- neering projections and methods to be required in connection with a proposed planned unit development, approval of a special use permit for a planned unit development shall be conditioned on arrangements satisfactory to the City and the applicant for the provision of such improvements. ib! Emergency access roads shall conform to standard engineering requirements for emergency vehicle use; utilize proper and sufficient signing and lighting; be designed to minimize interference Nvith other access routes and pedestrian circu- lation: and, wherever possible, a separate, parallel pedestrian walkway system to all emergency entrances and eats shall be provided. 63 20.3.7 SOUTH M. L-Ukll LAND DEVELOPMENT CODE !c) Unobstructed access roadways, easements and other facilities shall be provided in accordance with the requirements of the Metropolitan Dade County Fire De- partment. lll) Uses. (a) Planned unit development uses shall form complementary and compatible group- ings contributing to the efficiency, safety and convenience of the development and its surrounding area by its nature, location and design. (b) Applications for approval of a planned unit development may be denied if the proposed development does not contain facilities demonstrated to be completely compatible, or if a particular use or combination of uses proposed would not be appropriate in the location proposed because of the character of surrounding development, the city's adopted Comprehensive Plan or other uses permitted in the applicable zoning district. (12) Building Heights. (a) In determining the height of buildings, where a proposed development is bounded by one or more public streets, plans for such development shall take into account: i. The heights of existing structures surrounding the proposed development; ii. The nature and character of development desired by the city in such areas; and iii. The objectives of the city's adopted Comprehensive Plan for such areas. (13) Pedestrian Amenities. The proposed development shall maximize pedestrian ameni- ties along street fronts, such as providing for covered walkways, landscaping and appropriate street furniture. (14) Transit Availability. Where the location of a development will reasonably relate to rapid or mass transit facilities, the development shall be planned to afford: (a) The fullest opportunities for convenient and safe access to such facilities; and (b) The greatest safety and convenience compared with other possible major points of access to and from the development. (15) Spatial Relationships. The site plan for a proposed planned unit development shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities; for appropriate relationship of space inside and outside of buildings to intended uses and structural and architectural features. (16) Open Space. Within every development, open space shall be permanently provided and maintained exclusively for leisure and recreational purposes as follows: (a) Each residential development shall provide at least thirty (30) percent of its total site area as usable private or public open space. i. At least one -half of the open space above shall be contiguous. 64 ZONING REGULATIONS 20 -3.7 ii. Active open spaces shall be at least twenty -five (25) feet in width at their narrowest dimension. iii. Passive open space may be of any size or shape. tb) The following areas shall not be considered as usable open space: i. Parking areas and driveways; ii. Buildings and structures; iii. Private ownership areas; and iv. Street surface areas. (17) Sidewalks. (a) Any second level connector from the development to the MetroRail Station shall be constructed in accordance with the PUD agreement. (b) To the greatest extent possible, all sidewalks shall be located at the right-of-way line. (c) All sidewalks shall be modified to accommodate the handicapped. (C) Types of Planned Unit Developments. (1) Planned Unit Development — Residential (PUD -R) (2) Planned Unit Development — Mixed Use (PUD -M) (3) Planned Unit Development — Hospital (PUD -H) (D) Residential District (PUD -R). (1) General requirements. (a) A PUD -R district may be established for planned residential development and redevelopment. (b) Such development shall be subject to the general procedures of this Code appli- cable to all planned unit developments, as well as the requirements of this sec- tion. (c) Establishment of a PUD -R district shall consider: i. General housing needs and requirements in the City as a whole; ii. Housing needs in the area in which the PUD -R district is proposed and; iii. Housing needs of a particular type. (2) Uses and structures. (a) Principal and accessory uses and structures may be permitted in PUD -R devel- opments, subject to the limitations and requirements herein. (b) Uses and structures in a PUD -R district generally shall be permitted as follows: i. Residential dwellings; ii. Public and private schools: iii. Houses of worship; 65 20.3.7 SOUTH hILA II L-VND DEVELOPMENT CODE iv. Social, recreational and cultural facilities, such as neighborhood or commu- nity centers, game rooms, libraries, swimming pools, tennis courts and the like; and v. Structures required for the operation of utility, performance of governmental functions, or performance of any function necessary for a PUD -R develop- ment. (c) In multi - family residential buildings or complexes of at least seventy -five (75) dwelling units, establishments may be permitted for the sale of convenience goods, eating and drinking places and professional services, provided that: i. ' The total floor area occupied by all such uses shall not exceed ten (10) percent of the residential floor area of such building or complex; ii. Such establishments shall be designed, scaled, oriented and located so that they meet only the requirements of occupants of the development and their guests; and iii. There shall be no signs or other evidence of such establishments when viewed from adjacent rights -of -way. (3) Minimum land area for PUD -R development shall be two (2) net acres. (4) When adjoining a single - family residential district, a landscaped buffer area of not less than twenty (20) feet in width shall be provided. (5) Except along boundaries where a PUD -R district adjoins a district permitting the same or greater heights within similar areas, no portion of any building in a PUD -R development shall project through imaginary planes leaning inward from the PUD boundaries at a forty -five (45) degree angle. (6) Walkways. (a) Walkways within the planned unit development shall form a logical, safe and convenient system for pedestrian access to all dwelling units, appropriate project facilities and principal off -site pedestrian destinations. (b) Open air walking distances between dwellings and parking, delivery and refuse areas shall not exceed two hundred fifty (250) feet. (c) If the planned unit development is primarily for elderly housing, such distances shall not exceed one hundred fifty (150) feet. (7) Bicycle paths. (a) Bicycle paths, if any, shall be coordinated with the local roadway system. (b) Bicycle paths and pedestrian ways may be combined with other easements and used by emergency and service vehicles, but shall not be used by other vehicular traffic. .. ZONING REGULATIONS (E) Mixed Use (PUD -Mi. (1! General Requirements. 20.3.7 'ai A PUD -M district may be established for complementary and compatible combi. nations of commercial, office, hotel or motel, multi - family residential and similar uses directly located and related to the MetroRail station. (b) Such planned unit developments shall be subject to the general procedures, stan- dards and requirements of this Code applicable to all planned unit development, as well as the requirements of this section. (c) The closest major entrance to any proposed PUD -M development shall be not less than twelve hundred (1,200) feet from the MetroRail station, as measured along the shortest route to accommodate largest number of pedestrians. (2) Uses and Structures. (a) Principal and accessory uses and structures may be permitted in PUD -M devel- opments, subject to the limitations and requirements herein. (b) Specific uses and structures in a PUD -M district shall be as follows: i. Multi - family residential dwellings; ii. Hotels and motels; iii. Child care centers; iv. Houses of worship; V. Vocational schools, business colleges and similar uses; vi. Private clubs and lodges; vii. Professional and business offices, medical and dental clinics and offices and travel agencies; viii. Banks and savings associations; ix. Retail stores, except those dealing in used merchandise other than antiques; x. Business and personal service and repair establishments; xi. Eating and drinking places; xii. Cultural or recreational facilities; xiii. Parking lots and structures, subject to controls to insure parking integrity of the development; xiv. Uses other than those listed above, required for the performance of govern- ment, except uses involving storage as the primary purpose; and xv. Structures and uses relating to the operation of public utilities and required to serve the development and neighboring areas; transit or related facilities other than vards, storage, switching or repair shops. (3) The minimum site area for a PUD -141 development shall be four (4) net acres. (4) 'Metrollail Station Access. (a) NletroRail station accessways may be required at second or third floor levels within the development where necessary to avoid pedestrianivehicular conflicts. 67 20.3.7 SOUTH MIAMI LAND DEVELOPMENT CODE (b) Consideration shall be given in designing such accessways for their possible use by buildings and activities in the general area, but not a part of the planned unit development. t5) Approval of a PUD -M district shall not be given until arrangement for providing off - street parking and loading in specific amounts and locations are agreed upon by the city and the applicant. (6) Uses in PUD -M developments shall be so arranged horizontally and vertically that: (a) Retail and service uses shall be concentrated for maximum pedestrian conve- nience and be located for easy accessibility by visitors and employees working in the development; (b) Residential access shall be separated from other access to the development; (c) Office uses shall be located so as to prevent interruption from all other uses; and (d) Loading zones shall be located so as to prevent interference with pedestrian movements. (F) Hospital District (PUD -H). (1) General Requirements. A PUD -H district may be established for complementary and compatible combinations of hospitals, medical offices, laboratories and related edu. cational facilities and other support services. Such development shall be subject to the general procedures and requirements of this Code applicable to all planned unit developments, as well as the requirements of this Section. (2) Uses and Structures. (a) Principal and accessory uses and structures may be permitted in PUD -H devel- opments, subject to the limitations and requirements herein. (b) Specific uses and structures in a PUD -H shall be the following hospital and accessory uses: i. Intermediate care facility; ii. Extended care facility; iii. Medical clinic; iv. Medical offices; v. Laboratory and research facility; vi. Medical educational facilities; vii. Hospital support facilities including a laundry, cafeteria, dietary services, child care, staff and offices and data processing; viii. Convenience facilities for hospital staff, patients and visitors, including chapels, snack bars, gift shops and florists; and ix. Any other uses determined as part of the PUD -H application, to be compat- ible with the existing and/or prospective character of the proposed develop- ment and surrounding area. (c) Accessory uses, such as convenience facilities, which may provide services to members of the public not associated with the hospital and/or to members of the ZONING REGULATIONS 20 -3.7 public not having any business at the hospital shall be so located and designed that there shall be no external features which shall indicate or otherwise draw attention to the existence of said uses. (3) Minimum land area for PUD -H development shall be three (3) net acres. (4) Approval of a PUD -H district shall not be given until arrangement for providing off - street parking and loading in specific amounts and locations are agreed upon by the city and applicant. (5) Waste Handling Facilities. (a) Storage and disposal of hazardous and non - hazardous waste shall be specifically addressed in the preliminary development concept plan. (b) Provision shall be made and sufficient area must be provided to ensure that all waste material will be stored and disposed of safely and in a manner that will not detrimentally impact surrounding areas. (6) The location and design of liquid oxygen and other chemical handling equipment shall be addressed in the preliminary development concept plan such that they will be compatible with the surrounding areas and shall present no hazard to adjacent prop- erties. (7) Uses in PUD -H developments shall be so arranged horizontally and vertically that: (a) The location of specific hospital services are easily identifiable for the conve- nience and/or emergency needs of the hospital user; (b) The amount of parking determined to be necessary to service a particular hos. pital function is located within a reasonable distance of said function and appro- priate pedestrian linkages are provided; (c) The arrangement of uses does not additionally complicate access and circulation routes for both vehicular and pedestrian traffic; and (d) Service areas shall be located and arranged so as to avoid significant interference between pedestrian, vehicular and emergency vehicle movements. (G) Staged Development. (1) Nothing in this Code shall prevent an applicant from developing in stages or phases, provided that the requirements of this Code are met. (2) Staged development shall be subject to the following: (a) Proposed stages shall be delineated on plan; (b) Data required for the project as a whole shall be given for each proposed stage; (c) When any stage is developed, it shall conform to the plan of development as approved; and (d) A time frame for each stage shall be established. .31 Where time limits have been established for the initiation or completion of develop- ment stages, or where other requirements have been established for an approved - 20.3.7 SOUTH M AhII LAND DEVELOPMENT CODE planned unit development, and where such time limits or other requirements are not met, the director of building and zoning shall inform the developer and city manager in writing. The city manager shall promptly call the matter to the attention of the city commission with an account of the circumstances and the findings of the department. The city commission may refer the matter to the planning board for review and recommendation. The developer shall be afforded full opportunity to be heard in the matter. The city commission may take action: (a) That the approval of the special use permit as previously granted be continued with revised time limits; or (b) That approval be continued for part of the planned development with or without revised time limits, that appropriate steps be taken to correct any deficiencies in designated portions of the planned development that have not be developed, and that planned development approval be canceled for the remaining portions of the development as originally approved; or (c) That planned development approval be revoked; or (d) That such other steps be taken as will be equitable to the developer and to the protection of the city's interests. (H) Official Zoning Map. (1) Upon approval of a planned unit development, the boundaries of such development shall be placed upon the Official Zoning Map of the City of South Miami. (2) Placement upon the map shall contain a reference in the margin to the effect of the following: "By Resolution No. of the City Commission of South Miami, Florida, adopted on (date), a (indicate type) planned unit development was approved for this property by special use permit. The requirements applying to such permit are on file in the office of the city clerk." (I) Expiration of Planned Unit Development Approval. An approved planned unit devel- opment shall lapse after six (6) months if no building permit or certificate of occupancy has been issued for such use and if the city commission has not specified a longer approval period for good cause. Four (4) affirmative votes of the city commission may grant an extension for a previously approved planned unit development if a proper and timely request is made by the applicant prior to the expiration of the approval period. 20.3.8 Annexations. All territory hereinafter annexed to the city shall continue to be subject to Dade County zoning regulations until such territory is rezoned by the city. The city commission shall, as soon as practical after annexation, establish permanent zoning of said territory pursuant to the procedures and provisions of this Code. iff :r City of South Miami BUILDING, ZONING & COMMUNITY DEVELOPMENT 6130 Sunset Drive / South Miami, Florida 33143 / (305) 663 76327 Fax (305) 666 -4591 May 7, 1997 Mr. L. R. Mattaway Westway Limited 1508 San Ignacio Avenue, Suite 200 Coral Gables, Florida 33146 Dear Mr. Mattaway: This letter serves in lieu of approval by the City's Environmental Review & Preservation Board [ERPB] for the development concept plan of the proposed Planned Unit Development- Residential [PUD -R] which is entitled "Parkside Village." This serves only as the initial phase approval by ERPB and allows this PUD -R application to proceed to the Public Hearings before the Planning Board and the City Commission. The application must receive the final approval of the ERPB prior to issuance of any building permit for the project. This PUD -R application is for property located at 8510 S.W. 57 Avenue and 5770 S.W. 84 Terrace, which is owned by Mr. & Mrs. Joe Shaw, who are represented by Westway Limited. This letter is addressed to you as the Chief Executive Officer of Westway Limited (which is a subsidiary of Westway Incorporated). On May 6, 1997, due to Mr. Joe Shaw's recusal (financial interest), the ERPB lost quorum for the review of the PUD -R. Pursuant to Section 20- 6.1(C)(4)(c), the Planning & Zoning Director's decision, iffor approval, shall constitute ERPB approval. There is a seven -day appeal period for this action only (i.e., the director's decision). The following issues were raised by the Board at their preliminary meeting with the applicant and are included here as specific conditions for the approval which is granted via this letter: The developer must submit a letter which summarizes how drainage is addressed in the PUD and how the surrounding properties are protected from flooding as a result of the drainage provided, prior to the Public Hearing before the Planning Board, 2. The developer should limit the overall color options for the project, while introducing a wider variety of colors for trim elements (currently the trim elements are only proposed as white); 3. The developer must submit specific language (under # 4 on the following page) which addresses the maintenance of perimeter landscaping on both private areas and adjacent public rights -of -way; "City of Pleasant Living" 4. The developer must submit draft copies of proposed declarations, deed restrictions, covenants and homeowner associations documents, prior to the Public Hearing before the Planning Board; 5. The developer must submit proof of submission of an application for a tree removal and relocation permit with Metro -Dade County DERM, prior to the Public Hearing before the Planning Board; 6. The developer must submit proof of communication with the Metro Dade Transit Agency regarding locating a bus shelter at Dante Fascell Park, prior to the Public Hearing before the Planning Board; 7. The developer must submit a keyed drawing indicating which specific model will be built on each lot; and; if different options are desired for each lot, then all of the models, alternate configurations, height variations, balcony options, etc., that may be built for each lot shall be indicated. This is to provide full disclosure to the public of all the possible variations that could occur within the project and establishes which elements of the project will not be changed or altered as a result of individual consumer desires. If setbacks are to be flexible, then the parameters for each lot shall be indicated. Regarding our conversation as to whether an application for a Petition to Close Road is acceptable for a portion of a right -of -way (e.g., the southern ' /z of S.W. 84 Terrace), I have contacted the City Attorney. Pursuant to my discussion with the City Attorney, this is an acceptable vehicle for application. Please, submit that application so it may be included on the Planning Board's Agenda concurrently with the PUD -R application.. Thank you for your presentation on Tuesday, May 6, 1997. Please, be aware that this. letter does not constitute the Director's Staff Report which will be submitted to the Planning Board when they meet to review the PUD. This letter serves only as the initial phase approval by ERPB and allows this PUD -R application to proceed. I look forward to your presentation before the Planning Board. Staff is currently working to confirm a meeting date for the Planning Board at this time. If you any questions, regarding this letter, the public process, or any other matter, please, contact me either by telephone at (305) 663 -6327 or by telefacsimile at (305) 666 -4591. Sincerely Yours, ;Ozy/ Bill Mackey, AICP Director of Planning & Zoning c: L. Dennis Whitt City Manager ERPB Chair & Members Brian T. Soltz Planner SUMMARY MINUTES ENVIRONMENTAL REVIEW & PRESERVATION BOARD REGULAR MEETING MAY 6,1997 - 8:30AM G. PLANNED UNIT DEVELOPMENT [EB -97 -020] Applicant: Joe Shaw (Property Owner) Address: 8510 SW 57 Avenue & 5770 SW 84 Terrace Note: A Planned Unit Development (PUD), residential, pursuant to Section 20 -5.12 of the City's Land Development Code. 1. Mr. L. R. Mattaway and Mr. Raul Sotolongo signed in as representatives for the applicant. 2. Mr. Shaw excused himself from the Board and joined the audience for review of this application, resulting in a loss of quorum for ERPB. 3. Due to the loss of quorum, Mr. Bill Mackey, Director of Planning & Zoning, considered the application in place of the Board's formal review, in accordance with Section 20 -6.1 of the City's Land Development Code. a. Mr. Mackey and the representatives discussed several issues involving the project, including compatibility of the development with the exterior areas of the PUD; relation of the twenty residences to the interior of the PUD; contact with DERM and closure of SW 84 Terrace; aesthetic concerns involving the PUD; and agreements of ownership, both common and private, within the development. 4. Without quorum, the Board took no vote in regard to the application. 5. Following Mr. Mackey's review of the application, Mr. Shaw rejoined the Board and ERPB continued with its consideration of today's agenda. SUMMARY MINUTE S ENVIRONMENTAL REVIEW & PRESERVATION BOARD 1W SPECIAL MEETING APRIL 23,1997 - 8:30AM. I. CALL TO ORDER A. Mr. Cooke - Yarborough, Chairperson, called the special meeting to order at 8:40 a.m. II. ROLL CALL A. Board members present constituting a quorum: Mr. Cooke - Yarborough (Chairperson); Mr. Feliu; Mrs. Russell; Mr. Diaz (arrived 9:00 a.m.); Mr. Whitehead (departed 10:05 a.m.) B. City staff present: Brian Soltz (Planner); David Struder (Board Secretary) C. Board member and City staff present in the audience: Mr. Joseph Shaw (Vice - Chairperson); Mr. Bill Mackey (Director, Planning & Zoning) D. Opening remarks: 1. Staff explained that this special meeting represents an opportunity for ERPB to meet with the applicant and developer for preliminary review of the proposed project. 2. Staff clarified that, while the special meeting was noticed to the public, the special meeting does not constitute a public hearing. 3. The Board and staff discussed the meaning and nature of a planned unit development (PUD) in general, particularly as to how a PUD may differ from other types of development. 4. Mr. Mackey related background information involving PUDs for the Board's consideration. 5. Mr. Cooke - Yarborough read into the record his letter noting prior knowledge and involvement with the PUD project to be considered today. III. STAFF PRESENTATION A. Staff reviewed noteworthy items contained in their comment sheet referencing the project, dated April 10, 1997, and provided to the Board for its review. B. Discussion ensued concerning submittal requirements involving the PUD, including right -of- way (ROW) issues pertaining to SW 84 Terrace and a report relating to common area(s). ERPB SPEC MTG 04/23/97 IV. BOARD REVIEW WITH APPLICANT A. ITEM: EB -97 -020 Applicant: Joseph Shaw (Property Owner) Request: A Planned Unit Development (PUD), Residential, pursuant to Section 20- 5.12 of the Land Development Code. Location: 8510 SW 57 Avenue South Miami, Florida 33143 1. Mr. Rick Mattaway, of Westway Incorporated, and Mr. Raul Sotolongo, architect, signed in as representatives for the Shaw Nursery PUD application. a. Mr. Mattaway stated that he would like to begin by addressing ROW issues related to SW 84 Terrace and height variations associated with the proposed residences in the PUD. b. Mr. Mattaway explained that the developer's opinion differed from that of staffs in regard to measurement of the height of the residences. 2. The Board concurred that there may be a difference in the "point of reference" with which to use in the height of the residences. 3. Mr. Sotolongo opened by addressing the height issues and by explaining distinctive features of the PUD. a. Mr. Sotolongo noted such particulars as the use of "clusters" for the residences, alternating designs for the facades, and winding streets in the development. b. Mr. Sotolongo responded to the Board's inquiries regarding the relation of the PUD with its surrounding area by recounting descriptions of its appearance as seen from Dante Fascell Park, Red Road, and SW 58 Avenue. 4. The Board agreed that a significant consideration continues to be the interrelation of the PUD with the existing community, particularly in terms of its visibility and accessibility. 5. In closing remarks, Mr. Mackey spoke in regard to concerns that had been voiced thus far, including height considerations of the proposed residences, ROW issues for SW 84 Terrace, and the return of the PUD application for further review by the Board. 6. The Board and staff concurred that formal review of the application will take place at the next regular meeting of the ERPB, currently scheduled for May 6, 1997. ERPB SPEC MTG 04/23/97 2 V. QUESTIONS FROM THE PUBLIC (at the Chairman's discretion) 1. At the time of the Chairman's request for doing so, no members of the public approached the podium to speak in regard to the PUD. VI. ADJOURNMENT A. There being no further business before the Board, the special meeting was adjourned at 11:10 a.m. B. Respectfully, 1. Chairperson 2. Board Secretary ERPB SPEC MTG 04/23/97 3 WORLEY 'Since 1935" HUMPHREY & BALL, INC. INSURANCE / FINANCIAL SERVICES 9500 S. Dadeland Blvd., Suite 200, Miami, FL 33156 -2866 - P.O. Box 561567, Miami, FL 33256 -1567 (305) 670 -6111 - Fax (305) 670 -9699 - (800) 273 -4433 - E -Mail WHBINS ® AOL . COM May 9, 1997 Mr. William A. Mackey, Jr. Director of Planning & Zoning 6130 Sunset Drive South Miami, FL 33143 RE: Paradise Village /Shaw Nursery Project Dear Bill: I appreciate your telephone call and subsequent letter regarding the above captioned. Unfortunately, your letter didn't arrive until May 6th and the telephone call was late on the afternoon of May 5th. As a result, I was not able to make the meeting on the morning of May 6th, but hope to be able to be at the planning board and city commission meeting on May 27th. As indicated, my primary concern is the fact that I do not believe a planned unit development is appropriate and consistent with our community. I am not in any way, shape or form against development, only that it be consistent with the rest of the community which this does not appear to be. I would appreciate your keeping me informed and do appreciate your sending me a list of residents in the area. Thanks so much. Regards, \� W J. Hayes Worley, Jim \ ; JHW : mb �iAY 1 3 1991 City of South Miami BUILDING, ZONING & COMMUNITY DEVELOPMENT 6130 Sunset Drive / South Miami, Florida 33143 / (305) 663 -6327 Fax (305) 666 -4591 May 1, 1997 J. Hayes Worley, Jr. Worley, Humphrey & Ball, Inc. Insurance/Financial Services P.O. Box 561567 Miami, Florida 33256 -1567 Dear Mr. Worley: This letter is in response to your correspondence dated April 29, 1997, regarding your request for a list of residents who live in your immediate community. Your description indicates that your immediate community is the Snapper Creek Charrette Study Area which is bounded by Red Road, North Kendall Drive,.Tevis Drive and Davis Road. A mailing list of all property owners who own property in this area is attached for your use. I hope that this list will serve your needs. This list contains the names and addresses of record for all owners of properties which are located in the Snapper Creek Charrette Study Area. The Planning & Zoning Division does not maintain records of the names and addresses of parties who rent their homes; hopefully, since the area in which you are interested contains no apartment buildings, a list of property owners will suffice. You may wish to contact Florida, Power & Light or the telephone company for additional information; however, they may or may not be willing to allow you access to their records. Also, the Post Office may have resident information. Regarding your concerns relating to community involvement which you mentioned in your correspondence to the Vice Mayor, I hope that the following information regarding the public process will address your concerns. Background Information Since September, 1996, the Planning & Zoning Division has been working with the potential developer who is representing the property owner, Mr. Joe Shaw, to ensure that the any proposal to be submitted would meet the requirements of the City's Land Development Code, regarding required open space, setbacks, and other issues. This is an informal, courtesy process and is made available to potential applicants, prior to formal application and prior to the payment of any fee. The primary purpose of informal, courtesy reviews is to afford applicants an opportunity to determine if a project is feasible. This is especially helpful for the private homeowner who can receive the benefit of staff's review, prior to expending funds for City fees and /or professional drawings. ERPB Review On March 25, 1997, an application with the required fee was submitted for processing. On April 15, 1997, the ERPB adopted its schedule for review. The ERPB met on Wednesday, April 23, 1997, at 8:30 a.m. to conduct a preliminary review. ERPB will meet again to conduct a formal review on Tuesday, May 6, 1997, at 8:30 a.m. "City of Pleasant Living" Public Hearings A Public Hearing before the Planning Board is scheduled for Tuesday, May 27, 1997, at 7:30 p.m. A notice to all property owners in the City of South Miami whose property is located within 500 feet of the proposed PUD will be sent notices by mail. Newspaper advertising will appear in The Miami Herald Sunday Neighbors and in the Miami Daily Business Review. The Public Hearing before the City Commission will be scheduled after the Public Hearing before the Planning Board on May 27, 1997. Public Input Regarding your questions as to how input may be made by citizens, you are urged to attend the Public Hearings and express your concerns. All mailed notices for the Planning Board's Public Hearing will state the following: All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the BZCD Department by calling (305) 663 -6347 or by writing to the address indicated above [letterhead]. I am aware that there are concerns on the part of the residents in this neighborhood regarding the project. The purpose of the Public Hearing process is to afford the Planning Board and the City Commission an opportunity to receive the input of all of the members of the public. I hope that you will attend the Public Hearings and will express your concerns regarding the neighborhood and this project to the Planning Board and City Commission. In addition, I have forwarded copies of your correspondence and this reply to the City Manager's Office, so that this information may be distributed to all of the members of the City Commission and so that they may be made aware of your concerns. This information will also be forwarded to the Planning Board, as part of the materials they will receive regarding this project. I Iook forward to seeing you at the Planning Board Meeting on May 27' If I can be of any further assistance to you, relating to this or to any other planning and zoning matter, please, contact me, either by telephone at (305) 663 -6327 or by telefacsimile at (305) 666 -4591. Thank you for your inquiry. Sincerely Yours, 79,;11 Bill Mackey, AICP Director of Planning & Zoning c: L. Dennis Whitt City Manager Planning Board file WORLEY 'Since 1935" HUMPHREY & BALL, INC. INSURANCE / FINANCIAL SERVICES 9500 S. Dadeland Blvd., Suite 200, Miami, FL 33156 -2866 - P.O. Box 561567, Miami, FL 33256 -1567 (305) 670 -6111 - Fax (305) 670-9699,m (800) 273 -4433 - E -Mail WHBINS @ AOL . COM April 29, 1997 Mr. Bill Mackey City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: Paradise Village /Shaw Nursery Project Dear Mr. Mackey: Within the last couple of weexs 1 spoke with vice mayor, Ouiio ii.obaina regarding the above captioned project. That conversation was in response to my April 8, 1997 correspondence (a copy of which is attached). During that conversation Mr. Robaina indicated that you would be in a position to provide me with a list of residents for our immediate community, S. W. 62nd Avenue, S. W. 80th Street, S. W. 57th Avenue, and S. W. 88th Street. I would appreciate if it is not too difficult for you to forward that list. In addition, I would appreciate your keeping me informed as to the permitting process for this project. Quite frankly, I believe the planned unit the development slated for the Shaw nursery project is inconsistent with the neighborhood and our community. I have been by and met with Greg Oravec and Brian T. Soltz. They were kind enough to .provide me with a site plan of the project and an explanation as to how a project like this can be put together. My concerns and opposition are, therefore, based on an informed basis. I want to emphasize that I am not in opposition to development of the property only that the development be consistent with the neighborhood. We appreciate your fine cooperation and assistance and should you have any questions, please do not hesitate to give me a call. Best ards, 77 ----, J. Ha s r. .. .__.; APR 3 0 1997 JFIW : mb E ■ CS PE) Y April 8, 1997 Mr. Julio Robaina, Vice Mayor City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: Paradise Village /Shaw Nursery Project Dear Mr. Robaina: I was very disappointed to hear that you did not vote to put a moratorium on new construction until such time as the Charrette process could have been completed to clarify the desires of our community. I have lived in that section of South Miami bounded by S. W. 62nd Avenue, S. W. 80th Street, S. W. 57th Avenue, and S. W. 88th Street for over fifteen years. I *originally chose that area because of its sense of community and neighborhood feel. When we needed a larger home to accommodate a growing family, we chose to stay in the neighborhood because of that environment. I have serious concerns that the above captioned project will negatively effect that sense of community. Certainly the type of project that I have reviewed is not consistent with the neighborhood in any way, shape or form. I am also quite disappointed that this process was going on for some time and the City did not share it with the community until the eleventh hour. I would be interested in what steps a citizen and property owner such as myself would take if they are opposed to a development such as this. Also, what input can we have with regard to suggestions for same if it is going to proceed? I appreciate your prompt response. Very truly yours, J. Hayes Worley, Jr. JHW:mb APR Ir RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE 3 MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER 4 TO COMPLETE A CONTRACT AMENDMENT WITH ARCHITECTURAL DESIGN 5 CONSORTIUM, INC. TO COMPLETE A FULL SET OF ARCHITECTURAL 6 DRAWINGS ENCOMPASSING THE COMPLETE REQUIREMENTS FOR 7 CONSTRUCTION OF THE MULTI- PURPOSE CENTER; THE FUNDS TO BE 8 DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. 9 10 11 WHEREAS, The City Commission approved Resolution No.205 -96 -9959 12 which authorized the contract with Architectural Design Consortium 13 to complete a master plan and design the Multi -use Recreation 14 Center at Murray Park; and 15 16 WHEREAS, The Architectural Design Consortium has requested a fee 17 for the full scope of work which has been initiated; and 18 19 WHEREAS, The requested fee for the additional work on the 20 Multi- Purpose Center exceeds the contracted amount for Phase I and 21 represents a fee that is within standard practice guidelines; 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 24 THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section I The City Manager is hereby authorized to complete a 27 contract amendment with Architectural Design Consortium for 28 complete drawings required for construction of the Multi - purpose 29 Center. 30 31 Section II This disbursement will be included in the 1997 -98 32 Fiscal Year's Budget. 33 34 Section III This resolution shall take effect immediately 35 upon approval. 36 37 PASSED AND ADOPTED this 10th day of June, 1997. 38 '39 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Westway Limited 1508 San Ignacio Avenue, Suite 200 Coral Gables, F133146 Tel (305) 662 -1421 Fax (305) 666 -4990 June 10, 1997 The Honorable Anna M. Price, Mayor The Honorable Julio Robaina, Vice -Mayor The Honorable David D. Bethel, Commissioner . The Honorable R. Paul Young, Commissioner The Honorable Armando Oliveiros, Commissioner The City of South Miami 6130 Sunset Drive South Miami, FL Re: Parkside Village at Shaw Nursery Dear Mayor and Commissioners: VIA HAND DELIVERY We are proud that the site plan for our Parkside Village will be formally presented to the City Commission tonight for your consideration. The site plan comes to you with . positive recommendations from staff, the Environmental Review and Protection Board and the Planning Board. As I am sure you will all recall, our application got off to a slow start due to a proposed moratorium. Due to that delay and an intervening election, the application was heard by the planning board eighty days after submittal rather than the forty five as called for in the City code. Due to those circumstances, we respectfully request that the application for approval of the site plan for Parkside Village be placed on the earliest possible agenda for consideration by the City Commission, preferably on the July 22 Commission meeting if possible. Very truly yours, W L. Ri CC Bill Mackey, AICP, Director of the Planning Department, City of South Miami Westway Limited 1508 San Ignacio Avenue, Suite 200 Coral Gables, Fl 33146 Tel (305) 662 -1421 Fax (305) 666 -4990 June 10, 1997 The Honorable Anna M. Price, Mayor The Honorable Julio Robaina, Vice -Mayor The Honorable David D. Bethel, Commissioner The Honorable R. Paul Young, Commissioner The Honorable Armando Oliveiros, Commissioner The City of South Miami 6130 Sunset Drive South Miami, FL Re: Parkside Village at Shaw Nursery Dear Mayor and Commissioners: VIA. HAND DELIVERY We are proud that the site plan for our Parkside Village will be formally presented to the City Commission tonight for your consideration. The site plan comes to you with positive recommendations from staff, the Environmental Review and Protection Board and the Planning Board. As I am sure you will all recall, our application got off to a slow start due to a proposed moratorium. Due to that delay and an intervening election, the application was heard by the planning board eighty days after submittal rather than the forty five as called for in the City code. Due to those circumstances, we respectfully request that the application for approval of the site plan for Parkside Village be placed on the earliest possible agenda for consideration by the City Commission, preferably on the July 22 Commission meeting if possible. Very truly yours, W L. Ri CC Bill Mackey; AICP, Director of the Planning Department, City of South Miami Westway Limited 1508 San Ignacio Avenue, Suite 200 Coral Gables, F133146 Tel (305) 662 -1421 Fax (305) 666 -4990 June 10, 1997 The Honorable Anna M. Price, Mayor The Honorable Julio Robaina, Vice -Mayor The Honorable David D. Bethel, Commissioner The Honorable R Paul Young, Commissioner The Honorable Armando Oliveiros, Commissioner The City of South Miami 6130 Sunset Drive South Miami, FL Re: Parkside Village at Shaw Nursery Dear Mayor and Commissioners: VIA HAND DELIVERY We are proud that the site plan for our Parkside Village will be formally presented to the City Commission tonight for your consideration. The site plan comes to you with . positive recommendations from staff, the Environmental Review and Protection Board and the Planning Board. As I am sure you will all recall, our application got off to a slow start due to a proposed moratorium. Due to that delay and an intervening election, the application was heard by the planning board eighty days after submittal rather than the forty five as called for in the City code. Due to those circumstances, we respectfully request that the application for approval of the site plan for Parkside Village be placed on the earliest possible agenda for consideration by the City Commission, preferably on the July 22 Commission meeting if possible. Very truly yours, 1:1 L. Ri CC Bill Mackey, AICP, Director of the Planning Department, City of South Miami INTEROFFICE MEMO DATE: THURSDAY, JUNE 10, 1997 TO: OR AND COMMISSIONERS FROM: I7" DIA XMORRIS ASSISTANT TO CITY MANAGER RE: FOR YOUR INFORMATION For your information, the attached information has been prepared for distribution to inform the public about a community workshop on June 28 about the CRA. The idea for this walk and workshop came out of the meeting held on Saturday, May 24 with the Development Action Committee. The press release about the door -to -door walk is being sent to The Miami Herald Neighbors and Community News today. The blue flyer marked #1 on your copy will be handed out by those participating in the walk on Saturday, June 14. The group will gather at 9:00 a.m. at (location not yet definite) for a briefing and to divide into smaller groups to begin canvassing the community beginning at 10:00 a.m. The second press release, dated 6- 23 -97, regarding the community workshop, will also be sent to Miami Herald Neighbors and to Community News. The blue flyer marked #2 on your copy is being distributed in various locations, including City Hall, the library, churches, etc. If you wish to join the "walkers" on Saturday morning, please feel free to do so: You may call me later this week for the location of the pre -wall: meeting place if you choose to join us. 4 gOUTf� .4 h .�r U INCCRIOR/S[7 Ift7 LORl94' 6�i� o�'�loutfi./l%icUnW L. DENNIS WHITT 6130 SUNSET DRIVE CITY MANAGER SOUTH MIAMI, FLORIDA 33143 305/663.6338 FAX 663.6345 Page 1 of 2 City of South Miami 061197 Date: June 11, 1997 Contact: Diana Morris Phone: 305 - 663 -6338 For Immediate Release On Saturday, June 14, some South Miami residents will be greeted by a knock on the door from community leaders, City officials, and the City's CRA consultant. They want to tell these residents about plans to redevelop and improve the neighborhood. The City wants to create a Community Redevelopment Agency (CRA) in an area that lies primarily west of U.S. 1 in South Miami. Don DeLaney, a consultant hired by the City to write the redevelopment plan, has been meeting with groups of citizens for the past two months, explaining what a Community Redevelopment Agency is, how it operates, and what kinds of projects can be created under the provisions that allow the establishment of a CRA. This neighborhood walk is one more way to try to reach everyone who may have a question about the CRA, or who may have ideas they want to share with the man writing the plan. MORE Page 2 of 2 City of South Miami 061197 The door to door walk on June 14, will begin at 10 :00 a.m. Residents will receive a handout that informs them of a community workshop that is planned for June 28, 1997 at the St. John AME Church, 6461 SW 591 Place in South Miami, beginning at 10:00 a.m. The community workshop is planned to allow residents of the targeted area to ask questions and express their concerns or ideas about the Community Redevelopment Agency. All residents of the City are invited to attend. END L DENNIS WHITT CITY MANAGER 4 80VTEr O 'r F � INC 1027 IID 1127 t0at9 r For Release June 26, 1997 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 305/663.6336 FAX 663.6345 Page 1 of 2 City of South Miami 062397 Date: June 23,1997 Contact: Diana Morris Phone: 305 -663 -6338 A Community Workshop about South Miami's Community Redevelopment Agency (CRA) will be at St. John AME Church, 6461 SW 59h Place, on June 28, 1997, from 10:00 a.m. until 12:00 noon. The purpose of the meeting is to talk to citizens about plans to redevelop and improve their neighborhood. The City is in the process of creating a Community Redevelopment Agency in a specific area of the City. After a plan is approved by the South Miami City Commission, it must be presented to the County Commission for approval to create the CRA , but that step is still several months away. The City Commission has hired consultant Don DeLaney to prepare a plan for a Community Redevelopment Agency in South Miami. Mr. DeLaney was a central figure in the massive redevelopment efforts in Homestead following the devastation of Hurricane Andrew. His "quick victory" projects in Homestead demonstrated to residents that concrete efforts were underway to bring their City back. DeLaney was the first professional appointed by Governor Lawton Chiles to serve on a team charged with the responsibility of finding ways to restore the Homestead community MORE Page 2 of 2 City of South Miami 062397 "It is essential that the plan we prepare for the City reflects the community's needs." DeLaney said. He continued, "I assured the Mayor and City Commission that we would make every effort to inform the community and to listen to the community before I put pen to paper to write this plan. I have spent many hours meeting with community groups, and walking through the neighborhood with community leaders listening to their ideas about how we can develop and improve this area. Now we want to meet face to face with the people who will be most directly affected by the CRA, and that's what the June 28th meeting at St. John's is all about - giving straight forward answers to everyone's questions, and listening to their ideas." All residents of the City are invited to attend this meeting. END ,�O / You're invited to a community workshop on June 28, 1997, at St. John AME Church, 6461 SW 591h Place. The purpose of the meeting is to help you and your neighbors understand the City's efforts to redevelop and improve your neighborhood by creating a Community Redevelopment Agency (CRA). These notices are being distributed by community leaders who are your neighbors. They are walking door -to -door to talk to you about the CRA. Their goal is to provide you an opportunity to get straight answers to your questions and concerns about the CRA. Today, community leaders have joined Don DeLaney, who has been hired by the City of South Miami to create a plan for redevelopment, to inform you about the June 28th meeting and to ask you to take part in making the City's plan for redevelopment reflect your ideas about what your neighborhood needs. Please come to St. John AME Church, on Saturday, June 28, at 10:00 a.m. to 12:00 (noon). Don DeLaney will be there with City officials and community leaders to answer your questions and listen to your ideas or concerns about the Community Redevelopment Agency. Don't miss this opportunity to see and hear for yourself what the CRA is all about! cow wor4hop st.JohwAME ch+,urcI.- Juviz/2s, zo:oo a.m: CornrUnit y workshop about CIty of sot, th , Miarrii s plan for Redevelo mmu nity pment St. John AAfE 10 � 00 a.m. Ch 6461 SW 59 th urch place I Community Workshop You're invited to a community workshop on June 28, 1997, at St. John AME Church, 6461 SW 59th Place. The purpose of the meeting is to help you and your neighbors understand the City's efforts to redevelop and improve your neighborhood by creating a Community Redevelopment Agency (CRA). Please come to St. John AME Church, on Saturday, June 28, at 10:00 a.m. to 12:00 (noon). Don DeLaney, a consultant hired by the City of South Miami to write a redevelopment plan, will be there with City officials and community leaders to answer your questions and listen to your ideas or concerns about the Community Redevelopment Agency. Don't miss this opportunity to see and hear for yourself what the CRA is all about! CRA TARGET AREA i Cornrnunit Y yVorkshop about City Of fsouth , naini s all for Redeve]oprn unity ent U-ne St John A 10:00 ale rn. ME Ch urc 6461 SW 59rhplaceh INTEROFFICE MEMO DATE: THURSDAY, JUNE 9,1997 TO: 41A'Nk-A- OR AND C OMMISSIONERS FROM: MORRIS, ASSISTANT TO CITY MANAGER RE: FOR YOUR INFORMATION As you know, Don DeLaney has been meeting with groups and organizations recommended to him by some of you in your one -on -one meetings with him. 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0 0 0 0 0 0 Rooms H r r �M 0 l*rl VXi O N 4 o z M H O r in o N S C M N o o o o o o r o 0 0 J A J J m m H b b 01 W J m m J N N J J J VI m m m 10 W to J m m o x o o z N N N N N 0 0 0 0 0 r 0 yz O r r Or r H M r r r ti to N M M n z o Ny °n 00V O M M yM 5C N H N o x m m H N y cl M 0 r w 0 0 0 0 0 I+ 0 0 0 0 01 N W W m N J N N N 01 m VI N W N W m N b x o z z d m m m m m N N N N N 0 0 0 0 0 a�� x N 0 0 0 °z °z w n r r z o o z i p x H P -M P r 7 r0 O N m O N H N N y 0 1 O H q n I I q o I 0 0 0 0 0 n H o H o o M ul o A r H ;v m J m H W UI J I+ H I J A W W W I N J W J O o n d x z ro I H m m m m m ro N N N N N xl 0 0 0 0 0 M n 01 m A A A A ro A A A 01 01 01 01 O1 O1 O� 01 01 A A W N W W W O H W W A A W N N N N N N N N O O A O O O W W W J J J J m N N N N m m m m M 0 W 0 0 0 O {!I b b 0 O 0 O 0 O T A A O N N N N N N X N N N VI fn N N (n N m M N fn N H A A 01 01 01 O� H 01 O1 O1 A A A A A A A A A 01 01 zN zNz z Nz z Nz z Nz z Nz N Nx N H H H H z Nz �y N�y W W W O O C C tl tl C C N G H H H H H C C G 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O W a 0 a V• N q n rt IL J n IL o w I{ VI rt m N r• N J O N O O r ] r N N � rt 0 n e J b 47 M A jet m m m m 4 Mt�yr07 C> Iml1 b W M h 0 0 0 0 0 o r O o Y Ul m W V W J W r Y m Y 10 W W W J .4 m Y b Ul J 10 Y tl v v z 0 m m m m m N N N N N r r r r r m m m m m O M ° £ ° 0 to .+ M 44y n I<n w H to M YY N b � 0 0 0 0 0 r o o o Y A O W W m N N N N N 01 m J J W O m W W Y m A m J r r r r u In v v v v z m m m m m N N N N N r r r r r O r m m H o nor m 0 0 N N M O O y7, r � En M C4 I H 7. b b 0 0 0 o p r Y r r p J r In r la Y m W A m m J bet Vt W N A O W N O b J J Vl N W Vl O z tl tl tl tl m m m m m N N N N N r r r r r M M w z C m tm K r r z C4 M x z twn m t. z 5r r ro M K r M 0 0 0 0 0 0 o r o 0 W W Y Y W N N N A r Vl Vl O lO J O O O In W J J 01 O W r O J J m v v v v o m m m m m N N N N N r r r r r Ol 01 Ul Ol Ol Ol Ol Ol Ol Ol m J Vl Vl Ol Ol Ol V1 VI O1 O Y m N N Y Y N r J J O b b Y m m m m A N Ol J A 10 O N Vl Ul O O N W W O r r J m A ul ul ul m In o N o r r r l0 0 0 0 0 0 0 0 vl to N N to N to to to to N N N N N N N N to M N £ E E £ £ £ £ E £ £ £ £ £ £ £ E E E E £ Ol Ol A N IA Ol Ol Ol Ol Ol OI Ol Ol Ol Ol m m O1 Ol Vl 60'='= yN x m x O tl W zN zN H Y 03 zN zN x J yOl b x H 0 H tl ro z H z vI x ae xs r In vl J o 0 o vl m r H H H H H H H H H H x x x x x x x x x x y3 �3r y3 3 3 y3 3 y3 3yy 3 H H H H H H H H H H r r r r r r r r r r ❑N CN CN CN m 0 0 0 CN 0 H H H H H H H H H H x x x x x x x x x x yx y3 y3 y3 y3 3 3 3 3 y3 H H H H H H H H H H r r r r r r r r r r W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Y r Y Y r Y Y Y Y Y r r r r Y Y Y Y Y Y A A A A A A A A A A A A A A A A A A A A W W W W W W W W W W W W W W W W W W W W r r 0 O M r x r m z o m C 0 H Y 7 I-1 tl M m � tl b O b 0 0 0 0 0 0 o Y Y o A A b O r N N N O N N V1 N W b mm m m m J Vl m W O b J Y W tl tl tl tl tl m m m m m N N N N N r r r r r m m m m m r�tl0m H H � z N N N O o 0 0 0 0 o r . . 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J r m 01 r b O Y m Y Y tl r m o o J z � M to to N to fA fn £ £ £ £ £ I to I Ol � Ol Ol Ol N Ol W A H H 4 H M M � it Y I N i i I i (A N N N N N N to M to M$ N N N In N N N N n QO CO ❑O CO CO CO CO CO CO CO COC O COC ❑O❑ ❑O❑ ❑❑O COp COC COC COC Hl� H H H H H H H H H H H H H H H H H H H H ✓. x x x x x x x x x x x x x x x x x x x l\ y3 3 3 y� y3 yx y3 y3 y3 y3 3 3 3 m �xr xx x xx yx i H Y x x x x x x x W k k Y x I PHf V7 O I m m m m M In In ro ro m m In ro m M m m m In ro r r r r r r r r r r r r r r r r r r r z N I '�1 I N H 1 r W W W W W W W W W W W W W W W W W W W N W W W W W W W W W W W W W W W W W W W I H r r r r Y Y Y Y Y Y Y Y Y Y r r r Y Y l ro W W W W W W W W W W W W W W W W W W W l n m m m x m m m m m x x m x£ m £ E m m et m m m m m m m m m m m x a x c x m m x m 0 0 0 0 0 0 0 o Y o x 0 0 0 0 10 Vl Y W m N 10 10 O Ol O W 1p Ol J \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N Y 0 0 0 O N Y O r r N r O N O m m N r W A m W N r Ol J N O \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ J b Ol J m m J Vl Ol b 10 m to m J r Ol A O J m O1 Ul A Ol A W O N Ol 0 o Y o 0 W N O b b \ \ \ \ 0 N Y O N O Y O b J b A A m J E J m Y J A o O r o Y A W o 1p O 0 0 0 Y Y N W J m W Ol Ol 10 Ul Ol m m m m ul o r r o 0 tp O N r N O O Y Y O m N Y 0 A J Ol 1p m J N m W 1p N 0 0 0 o Y Y J Y J O O N r Y N Ul m O T N Ol 1G m O O Gl J Ol O Y O Y O J r J O T \ \ \ \ N O N O H r N Ol 10 m A \ \ m m \ 1p m J m Y m A r O v M L1 ° In tl C a m a � N < Y• N O N N m M £ fl w N O rt M x E x < 0 M D O O m a m < h o n % H m O .•� w m G rt W a c C1 < ro m o a •. to rt Y ID < n n w rt rt a+ N r M• Q w < O IA a to p w y to rt a J li a o w H In rt D N J o N O N 7 o r n 'C rt O \ 0 A \ r J M N N F yy< W N z Q N M N tq z O C b N w N M4 0 K M 0 0 0 0 0 Y O O Y Y O W W A Y N Y N W b J M Y 0 W N N W Y A J N O Y m N N W Ip b x v v r v 01 OI 0\ T Ot N N N N N Y Y Y Y Y O � O O N x x N M - z c��1 txnG 4 C x Z tj N Y N�cCr! M M M M Y tn*1 rz-1 C n b z M 0 0 0 0 0 Y Y Y O Y W J Ot m m O1 m N m A r b A W J r b b r N O dt O b m m A N Y v v v v v Qt A at at A N N N N N r r r r r ox ao7 0 °z °z ro M M M ` M p < N M M ?I v o 0 z tHv11 to H O Vn7 M b b M z < K O o 0 0 0 Y Y 0 0 0 N J W O N A mJ O J 01 b m N O m A N J J m O m Y v z x v v A 01 01 O1 01 N N N N N Y Y Y Y F+ r •on n n d H N z M HMO M d b b x C O�z 10 n H M z 4 ,ro 0 0 0 0 0 om o Y O O J N W b m O O Y Y b A N J N A m O A A b W N m m N m J W v v z a1 v m m m m m N N N N N Y Y Y Y Y n n n n a ny++ n n n n x mmmmm NN ON M O O M H H x M K M N z z x n m O b n H V1 K Y z n 0 t4 7 Y tN17 5ttfMnO'' zrKz H C Z t b p O r M K o o o o 0 0 0 o o o Y Y Y Y Y O O Y Y Y W b OI J A W Y Y N O m N J O W N m N Y W J W m J 0 N O N OI b w m b w In Y m A b 0 O N J J O 0� 0 0 01 V1 v v v v v z v v v v m m m m m m m m m m N N N N N N N N N N r r r r r r r r r r -00mt.r tit nrny M x M M M M M Vrl x 5 y y O 7nC zb 0 :3: O r yO H 'L z txKxil M 1011 M z O' ;ku N MH Y H M M 4 x b N � � b W �v+ M r Y x y b 0 0 0 0 0 0 0 0 0 0 Y Y Y o o Y o o Y b Y m W N N N J N A Y O A Y Y m m O Y b N N A J W m A Y m N m m A A N Y of N N J J Y J N m m A N W W W OI m J N W N Y N v v v v v v v v v v Ol 01 01 01 OI T A 01 01 A N N N N N N N N N N Y Y Y Y Y Y Y Y Y Y O\ 0\ 0 01 Q1 0 O1 0 0 0 Ol m 01 01 N N 01 01 m N N N 01 m N VI N m 01 01 01 dt O 01 m O m A w 01 N N q N N O N N Y N J 0 0 N J N m m O N Ol m m b Y J 10 10 J Y J N Y A W Y b b N m N O O Y O O b b O 10 N N N N N N N Y Y O N N Y W N O N N O 0 m m W A J a\ O 01 Y O O N m O Y W 0 Y Y O Y 0 0 0 O N O Y Y O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N T N N O1 Q1 01 W 01 A 01 m 01 m 01 01 N O1 01 m T at at T 01 N 01 q A NI 01 O1 2 01 01 O\ Q1 O\ N 01 m Y m 01 m O z Nz Y W xNx z Nz Y J p Wp W;ul zNz b z Nz 10 10 m z Nz b A J ��yNy �0 zz O O zNz b ; WpV m x Nx 5 H OHC x x x C N d d G tl G n� GG H x O G d C! x C x x x O x x x C x C x 5 C x O x tl N N N N N b b b N m H C C H H H A Y1 b b H m b N N b nn N H H C H I C e b LH*1 H H r M H H H H H H M M H CM VC] M MM H A H H H H M xf M M M ;o ;t Yt r A N Y r w J N N N N N N N N N N H N M M M M M 119 M N M M M H H M H M M CN CN CN CN CN H H H H H x x x x x M M M H H N N N N N H M N M M 117 N M M' l 'M M M 1+7 m m 'n '17 117 M m m 111 m r r r r r r r r v r r r r r r r r r r IM M n m la n M ,t1 M n t7 0 ro M N N 1 N N N N N N N N N N N N N N N N N N N N n O O O O O O O O O O O O O O O O O O O O I M x x x x x x x x x x x x x x x x x x x N H M M H H M M M M N N N M M H M M H M N b H H H H H M M M H H 1•i M M M H M H M M N W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Y Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y A A A N A A A W A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A W W W V1 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W £ N M£ W w x x N N w x£££ w w x££ w M x w w £ N N£ x x M N w w N w W N w 1+1 1+7 '9 1*7 1+7 m 17 117 m 1+7 x m m 1.7 3 3. 111 3 3 m m m M m 3 m 3 m 3 m m m m 3 M m m 3 '11 I3 0 0 0 0 0 0 0 o Y o 0 o Y o 0 W W A N K m m m N 01 A O\ N W W \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ O N W Y Y O N O Y Y N W O N N J b O m Y Y N W Y Y A O Y 0 0 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m O\ O\ m m m b b J b m b J 01 01 O m W m W 01 N N A 01 A N Y m m 0 0 0 0 0 N D\ m W W Y O O Y W W OI m A O J m b O1 O\ N m A m m O O Y 0 0 o N O A N O N O N Y Y J A N A m b b b m J J W A m o Y Y Y o b O O Y N Y O N O O N A W m J N O\ m m b D\ J Y W N 0 0 0 o Y b N O\ W Y N O Y W Y N J Y Y N b m b T J m m m m m Y Y O o 0 O Y m N OI O O Y N O 01 m O N Y b b J A m A Y N A b N H ro n O 0 pM 7 0 p M cl N H PO O En C b ai a m a � N O N h � M £ M W N O n ro 0 < x M rD o O Y Y n N a to 0 t7 M O rt M n Y X N N O n n a d r w m C n w a C 7 < N N O a •• o n .� m C n n w n rt x1 O 0 a M a a a .- N b b n a J n Q. o a 17 N n a N Y m 0 N J '3 `J t. F+ N `C n 0 m 0 J M m 0 0 0 0 0 m A m m Y1 A N Y J W A b m W r N J A m J W m N A A Y VI r W m v v v v v m m m m m N N N N N r r r r r 0 0 0 0 0 0 o r o r b b r W W N N O N W b b N N b A m m m b w m A A r m W A m m v v v v v m m m m m N N N N N r r r r r 0 0 0 0 0 0 o r r r W W N m 0 N N r r w w w b A r W W r b b J J O O W W J O N O v v M x x m m m m m N N N N N Y Y r r Y M r r 0 0 0 0 0 r O r Y r w A A VI m O N VI N W m m r A V1 J O w m l!7 N m m m w W m b O b v v v v x m m m m m N N N N N r r r Y Y m m m m m m m ro m w m m m m m m m m m b N N N N N O A O w b m m J A A N N N N w N m N N w O O Y m A A O O N A N N w N r J r r Y A O m Y w Y Y Y r r r W W W o n w w w w w w w X N w w w w w w w w w w £ £ £ £ £ £ A £ £ $ £ £ £ £ £ £ £ £ o W 1p ;WU W b m J N A l0 A A z N m A �0 zN z N z N fvl x n G [ O] H H H H H H tro" C H t<J M pC7 Ri H H H H H R1 rt A w w w w w w w w w w w w w w w CO ❑O CO CO CO CO CO M ❑O CO O❑ CO ❑O CO OC H H H H H H H H H H H H H H 3 3 3 3 3 3 3 3 3 3 3 3 3 3 H M M H M M M P M M H H H H H r H M M M M H H M M H M M H H r r r r r r r r r r r r r r CCO OCC COC CCO O H H H H xO x x x x x M M M H x M r r r r x 0 0 0 0 0 r r r o r J N In w Y b N O m A N J b A w W W N W O tl� N m O w O J b J m M M v o v m m m m m N N N N N r r r r r 0 0 0 0 0 r o 0 o Y m m W W m b W N m W N O UI m A r O m r W r w w J Y b m A N O M v o v v m m m m m N N N N N r r r r r 0 0 0 0 0 o r r r o w u+ A w m 11� V1 m m A m A b m w r O r N r A N m r v v M x v m m m m m N N N N N r r r r r 0 0 0 0 0 o r Y o 0 m VI N m J b O W m J A Y m N m W b m N J N m O Y W O O O Y v v v o M m m m m m N N N N N r r r r r m m m m m m w w N w w W m ro ro m m m m 01 O O A N J w N O O w w w w w w w w w w w w w X X w w w w w m w w w In m m m m m m m m O W N N w w w N m m N J N N m m W m N J J b J m z H H H H z H zg z H H H :h w o H H H H H G x x x x tl x l7 G x x x v � x x x x x g N ro ro Rf g N H H N N w q n N Kf N N IG7 H r r r H z H I H M H H r r H PU w A N 0 0 W w w w w w w OC CO CO CO CO H H H H H x x x x x 3 3 3 3 3 M N H N M M M H N M w w w w w x x x x x y3 y3 y3 y3 3 2 3 3 3 M H H M M r r r r r w w w w w O O O H O r M H M N r r r r w w w w w CO O COC OCC COC bx x x yx x H H M M H r r r r r W W W W W W W W W W W W W W W W W W W b W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W m W W W W W W W W W W W W W W W W W W W W r r r r r r r Y r Y /•� Y Y Y r Y r Y Y m r r Y r Y r H Y Y r N N N N N Y Y r r Y A A A A A A A A A A A A A A A A A A A Y A w A A A A A A A A A A A A A A A A A A W W W W W W W W W W W W W W W W W W W m W W W W W W W W W W W W W W W W W W W W m m W m tD m m m m m ££ x m£ x W m m m x x m m w x m m m m m m m m m m£ m m x 17 3 3') 3 m m 3 3 m m 3 '•] 3 m 3 m '7 3 In 3 3 m m m m m 3 3 3 3 M 0 0 0 0 0 0 0 0 0 0 O O r 0 0 Y 0 0 0 0 O o Y o o m w r w m N W w A m W N N N m O W m m m r J N m m \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Y O N r W N N O O r N O O r 0 N N O O r O O O r 0 Y w b A 0 O A J m Y N b m m A O b r r 0 N A w Y W \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ J b b J J m m b w w m b m m m m b b b m m J m m m N W 0 m m m m m Y N W m 0 b m m O N m A b r N 0 o r o 0 m N O J w N O O O r m J r J J b J m m b m N m N m 0 0 0 0 0 b N Y m J W r N O Y O w V1 r w \ \ \ \ m w b m b J m O m O A r o Y o 0 N N O A J r 0 0 0 N W A A A m J b m J J A N A m N n M x1 7C�H� S ro M M n �b O T1 M N n \ m Y H M N ro n O v M Q P w w H 6 cn G q ro a ro a "o C �• N O N N N M r N O n ro 9<xM O O O r F+ r m a N < n h O r* M A V• C N W a c p < !D N O a •• m r r w n < n M w r r+ M r w w m w < o w a w y N a J n a o w Ij N A G N Y• N J O N '.S O r r N �C n 0 m O A b J lu vu M J OZ7 M o m m m m m m<< C r r d7 M N M M M H M M M M w K H 'yLr yy5 r r r x1 .0 b HH [ OC 5 q M O O O O n x x x x ly N x x x K w w w` O O x M N ££ O M fH7 n n L1 M ,b�b .b.b C C C 7 7 N w N �� w N N O N N M 11 [Mil M M M 17 ,'G O r N M ? 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R1 Mb M w yx M K O M 3 3 A O M O m t-J M �y w t-I y H r m 4 a A ?7 N l N x O 8 M r M 4M ro n q t� Rt r H M x w y M M to H C x x x o M M yG q 4 v r (N q x ;u C4 pa M N OO H C z b Yx rH+ l C cn i 0 0 0 0 0 m A m m Y1 A N Y J W A b m W r N J A m J W m N A A Y VI r W m v v v v v m m m m m N N N N N r r r r r 0 0 0 0 0 0 o r o r b b r W W N N O N W b b N N b A m m m b w m A A r m W A m m v v v v v m m m m m N N N N N r r r r r 0 0 0 0 0 0 o r r r W W N m 0 N N r r w w w b A r W W r b b J J O O W W J O N O v v M x x m m m m m N N N N N Y Y r r Y M r r 0 0 0 0 0 r O r Y r w A A VI m O N VI N W m m r A V1 J O w m l!7 N m m m w W m b O b v v v v x m m m m m N N N N N r r r Y Y m m m m m m m ro m w m m m m m m m m m b N N N N N O A O w b m m J A A N N N N w N m N N w O O Y m A A O O N A N N w N r J r r Y A O m Y w Y Y Y r r r W W W o n w w w w w w w X N w w w w w w w w w w £ £ £ £ £ £ A £ £ $ £ £ £ £ £ £ £ £ o W 1p ;WU W b m J N A l0 A A z N m A �0 zN z N z N fvl x n G [ O] H H H H H H tro" C H t<J M pC7 Ri H H H H H R1 rt A w w w w w w w w w w w w w w w CO ❑O CO CO CO CO CO M ❑O CO O❑ CO ❑O CO OC H H H H H H H H H H H H H H 3 3 3 3 3 3 3 3 3 3 3 3 3 3 H M M H M M M P M M H H H H H r H M M M M H H M M H M M H H r r r r r r r r r r r r r r CCO OCC COC CCO O H H H H xO x x x x x M M M H x M r r r r x 0 0 0 0 0 r r r o r J N In w Y b N O m A N J b A w W W N W O tl� N m O w O J b J m M M v o v m m m m m N N N N N r r r r r 0 0 0 0 0 r o 0 o Y m m W W m b W N m W N O UI m A r O m r W r w w J Y b m A N O M v o v v m m m m m N N N N N r r r r r 0 0 0 0 0 o r r r o w u+ A w m 11� V1 m m A m A b m w r O r N r A N m r v v M x v m m m m m N N N N N r r r r r 0 0 0 0 0 o r Y o 0 m VI N m J b O W m J A Y m N m W b m N J N m O Y W O O O Y v v v o M m m m m m N N N N N r r r r r m m m m m m w w N w w W m ro ro m m m m 01 O O A N J w N O O w w w w w w w w w w w w w X X w w w w w m w w w In m m m m m m m m O W N N w w w N m m N J N N m m W m N J J b J m z H H H H z H zg z H H H :h w o H H H H H G x x x x tl x l7 G x x x v � x x x x x g N ro ro Rf g N H H N N w q n N Kf N N IG7 H r r r H z H I H M H H r r H PU w A N 0 0 W w w w w w w OC CO CO CO CO H H H H H x x x x x 3 3 3 3 3 M N H N M M M H N M w w w w w x x x x x y3 y3 y3 y3 3 2 3 3 3 M H H M M r r r r r w w w w w O O O H O r M H M N r r r r w w w w w CO O COC OCC COC bx x x yx x H H M M H r r r r r W W W W W W W W W W W W W W W W W W W b W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W m W W W W W W W W W W W W W W W W W W W W r r r r r r r Y r Y /•� Y Y Y r Y r Y Y m r r Y r Y r H Y Y r N N N N N Y Y r r Y A A A A A A A A A A A A A A A A A A A Y A w A A A A A A A A A A A A A A A A A A W W W W W W W W W W W W W W W W W W W m W W W W W W W W W W W W W W W W W W W W m m W m tD m m m m m ££ x m£ x W m m m x x m m w x m m m m m m m m m m£ m m x 17 3 3') 3 m m 3 3 m m 3 '•] 3 m 3 m '7 3 In 3 3 m m m m m 3 3 3 3 M 0 0 0 0 0 0 0 0 0 0 O O r 0 0 Y 0 0 0 0 O o Y o o m w r w m N W w A m W N N N m O W m m m r J N m m \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Y O N r W N N O O r N O O r 0 N N O O r O O O r 0 Y w b A 0 O A J m Y N b m m A O b r r 0 N A w Y W \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ J b b J J m m b w w m b m m m m b b b m m J m m m N W 0 m m m m m Y N W m 0 b m m O N m A b r N 0 o r o 0 m N O J w N O O O r m J r J J b J m m b m N m N m 0 0 0 0 0 b N Y m J W r N O Y O w V1 r w \ \ \ \ m w b m b J m O m O A r o Y o 0 N N O A J r 0 0 0 N W A A A m J b m J J A N A m N n M x1 7C�H� S ro M M n �b O T1 M N n \ m Y H M N ro n O v M Q P w w H 6 cn G q ro a ro a "o C �• N O N N N M r N O n ro 9<xM O O O r F+ r m a N < n h O r* M A V• C N W a c p < !D N O a •• m r r w n < n M w r r+ M r w w m w < o w a w y N a J n a o w Ij N A G N Y• N J O N '.S O r r N �C n 0 m O A b J lu vu M J O x Ox x Ox Oxx x Ox xOx x Ox O x Ox ox M M Y Y C o o O O OU O [ O+ t 0 O � m M M I 6trtr�111 bbb�ll] �1 b1 M p 0 w b 3M NN N N y N y N N �o �y z m m H y z w yr ai N 07. z o z z 0 x C tl Z H H AA z z z z n z z z z z m m z z H x W 90 O M H MM x1 3 ro£ � O 4 3y Gl M '•f b] H M �7 W 'q $0 3 b N' M o d n M H O r n r £ N O M M M y y M O M M M l7 r w H• n .'V M r N y y H M H y u1 Y H O O n z z r O O r x N x ro M r q x r m+f M L] K O r z M a r> K N M ty In C to M M M K d M H N Y M M H 7 x [[yy M H M M b 3 r M yy M K' b �1 z M H b(n js 4 M M M H M Y Y (1 0• N M z N M M 711 4 r �7 x MMy M r C M 3 z �i n M £V M > x M i o ZZZ4 N •re DI pq N r<i G H O C ,Y7 b 0 0 0 0 0 Y O O Y Y 01 J A m W N N N W m Om O J W J O O V1 N In m m Y O VI Y N O b v v v v v 0\ 01 O1 Ot T N N N N N Y Y Y Y Y O O O O O Y Y 0 0 0 VI Y A q W A N N A N J UI m O N W N N N W z v v v v O\ O\ 0\ O\ O1 N N N N N Y r Y Y r O O O O O O Y W O O N m m A N m N A b m mm ut o A N O m O O VI A N O v v v v a Ot at at O1 Ot N N N N N Y r r Y Y O O O O O Y O Y Y O O b b O N bm m W J In b A Y 01 WN b A b O1 J O N Y O1 OI Ol m v v v v v 41 OI 01 A 01 N N N N N r r r r r O O O O O Y O O O Y N N A W m Q\ W m N 01 b W A VI N N N Y at N b b m J J b N W Y w v v v v z N N N N N Y r Y Y r 0 0 0 0 0 O Y O O Y A 01 O W m Y Y O N O 0\ N N N N A 1I� A 0� yl N O b m w N J b Y m v v v v d 01 01 Ot O1 01 N N N N N Y Y r r Y 0 0 0 0 0 Y O O Y Y m W W b J Y Y J A b m J Y 01 W m A W J W OI O b VI W v v v v v 01 O1 O1 D\ 01 N N N N N r Y Y r Y 0 0 0 0 0 Y Y 0 0 0 N O V Y Y O Y Y J Of Y In A Ol W A N b N m N N b N O v z v v v N N N N N Y Y Y Y Y 01 OI O1 A N ul 0\ 01 ro 0� N VI 01 D\ T O\ 01 O1 U1 01 N O\ T 01 01 01 01 N D\ T 01 N O� 01 T N A N Y m b Y J O A b b A O a\ A N N b Y b W A N A J O O O m D\ b m 0� N N N p Y b 4 J Y Y N I N A O 01 m A J O N m D\ Y W W W W N N N b N 0 W W W O b N b b O J N Y Y N Y W O N N W O Y N Y J J w 0 Y m N Y m m b m N N N N N O O O O J O Y Y O N O O b b Y O fn N VI fn fn N N V! k u• N N N N N N y N N y N N N N N N y V) N V! N N y N ut N N N N N � A at N � O\ O1 01 01 O1 W VI 0� Q1 U1 01 Q1 U7 V1 N O� Q\ O� 4\ N 01 01 T 01 O� 0� 01 01 01 Q1 U1 m 01 01 41 01 0� A b z Ng W zN Y z N z N O m b b b m A b b W m b A b A z N W W zN A b W W W b m 01 A b b �Wf x x x x G O O C x x u C O x x x x x 1711 C qCC C< r C H I'1 M M M M M M M , ;aro �1 M tt • tt tt • VI ac tt A A tt � J In Y Y O w N N 0 m w w N N 0 0 N N 0 N CCO CCO O COC COC CO CO CO CO ❑O CO CO ❑O CO CO H H H H H H H H H H H H H H xxxx x x x x x x x x x x x 3 3 3 3 3 5 3 3 3 3 3 3 3 3 yH yM qH yM yN yH yH qM yM yH M N yHy H yMy N N H H N H H H H H H Y M M H m 0 0 N 0 ❑O❑ COC COC COC COp H H H H H x x x x x H yMy M yHy yHy r r r r r N N N N N O O O O O In In m m x x x 3 3 3 3 3 M Y Y H M r r r r r w w N N 0 O O O O O 3 3 3 3 3 Y M M H M r r r r r 0 M m 0 0 0 0 0 0 0 xxxx 3 3 3 3 3 M H N M M r r r r r m 0 N 0 CI xxxx x N M M M M r r r r r W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Y Y Y Y Y Y Y Y N Y N N N N N Y Y Y Y Y N N N N N Y Y Y Y Y Y Y Y Y Y N N N N N A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W E w w w w N w w W W w W W m w w x w w w w w w w x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Y o o Y o 0 0 0 J A J UI Ol UI m b N b b VI b Y Y m 0\ O b 01 N Y b b J \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Y O N Y O N O N Y O Y Y N O N O Y O Y N W N W N Y b J J b m b m In J 01 at b 0� J J m J b m J b J O� Ot b N A O O� J Y N N N A m W O W W O O1 01 O m A W O\ OI Of E £ ro Cf b7 0 0 0 0 0 Y 0\ Y b N Y Y 0 0 0 J W m O b b b 0� 01 b bl E E d7 bf o Y o Y o W Y W Y Y Y Y W N Y A Ul O Y W 01 O b 01 Ol w Y w w W ro 0 0 0 0 0 Y O Y N N b N Y m b \ W \ \ \ m b J 01 J O m A OI N n �P S ro .ro n C l7 M N N n y b H M N M ro n O l7 M O yd M 0 N H O Vl G a m N G V• N O N N np 0 w w o n M a < M m o 0 o Y f+ n n a m < n H o n M n y 0 n m O n n a O Y w N C n M• c y m < fD N O r m C n n H w n n z Y 1+• Y• Q v < O W a m p r N b b n a J H a o w H u n N N W N J O N � o t- .4 J cqi M m H N N N M n n n n n n n n n n r r n n < rrxx M £nc�nm nnnnn M M M M n N x x x y MP o O r zpNr v, rm nm� K�='r rIIZ � 0 b p C N (O 7 Ir yIC-" 1 y z r x x O c H tr1 E 4 (On 4i n H MC n N 4 C N O v 0 0 0 0 0 o o o o o 0 0 0 0 0 O O O O Y Y Y 0 0 0 O Y Y O Y A m A m N N O W g q IO O A A N m N m J N N W Y N q W m W N q m O g Y Y W A J N N J W Y g J m J N N m Y O m m VI A N O W Y q W J ID W W O m b m q 10 J N m Y A J Y A N m J N A J v v v v x z v v v v z v r v z g q q q q g q q q q g q q q q N N N N N N N N N N N N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y N g q q q m Y g Y N g A Y N Y N W O 40 O N N N N N g q q q N m N N 10 m En H H H M N N N N N 0 0 0 0 0 3 3 3 3 3 N H N H H r r r r r g q q q q Y W W W Y g 0 0 0 N W O O O W N N N N N g N N N q b m m m b H H H H H x x x x x N N N N N CO CO CO CO CO H H H H H x x x x x 'yN'y H N H H q UI q q q N m N Y N O J O N 10 O O N N O g q N q N W J Ol m q (1 N N N N H H H H H N N N N N 0 0 0 0 0 N H N H H r r r r r 3 3 3 3 3 n n n n n b b r crn t5 t5 z C+ Nyy I•C li COg1 vi CJ x b N H b r z H H ,'d O o 0 0 0 Y o o Y Y N N W O m q mm Y O 10 N J N In N m 0 W m Y m O J 0 N N m O N z C v 0 :0 g q q q q N N N N N Y Y r Y Y g q N N q N N J J J N N 0 0 0 o A r r Y N N g q q q J W W zNz H H rt A iC 0 J N N CC00 N N x x x x x 3 3 3 3 3 N H N H H r r r r r o H rz i m z. ?c ?c m c, O N C H C4 z N N o o o a o o o o o o 0 0 0 0 0 0 0 0 o Y N m N J A J W IO Y N O g N J 0 N N m b A N N O N N J W A O Y N Y J A m Y o m N O A W A Y A Y N 10 m z v v v v v v v v v g q q q q g q q q q N N N N N N N N N N r Y r r Y r r r r r g q q q q N J Y W W Y O Y g q O Y 0 0 0 N g q N N m N N g q x� �dxx M 0 b x x x x x 3 3 3 3 3 N N H H N r r r r r g q q 0 q J N N O O W W O Y O A 10 W O 0 i six � Y g N q O q W Ip W J m O x G W H i x x x x N 3 3 3 3 , N H H H I*1 H N N H re�rr H H H M M mn yzb c H O 1 y czi z 0 K K r�4 z3 x 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M x � n � 3 x M 0 4 x 0 0 0 0 0 Y Y o o Y A m W W Y J N N b J N Jm VI m m b N N J J N O b W VI m Y J Y x v x v m m m m m N N N N N W W W W W lb W 6] b b x x Nor r n C O C [O x N q H M NA t7 O C4 VI r b N tl M 0 0 0 0 0 Y o 0 o Y N m Y Y VI m J m m A N N N N N J N b Y N o A o Y a N Y b m O x v v o x m m m m m N N N N N W W W W W H 3 O< m y C C �C N o i t, m z z o x z z M N M- yy 0 O a PU O M C40�y7 M cl x O ,R7 C a n C4 c� o M M 3 Y t•i 0 0 0 0 0 0 0 0 0 0 r r r r r o o Y Y Y A Y b o m vl o ul o O N Y VI Y N O Y m O Y m N W b m A b A m m A m N m N U1 N J m Y Y O Y N b m b J m O N N J A J O Y O Y o x x v o v v o x x m m m m m m m m m m N N N N N N N N N N W W W W W W W W W W J J m m m m m m m m m J J m m m J m m J J J J J J J J m J J m m J .1 m m J m J J In N m m J J J J m N N N N N N m N m m J N W m Y A m m J W W J N N m m N J m N N m m 0 0 b b m m W A A J J W W J A W VI Y N W Y O N N m J O O m N N Ul 0 W O N N N Y O Y Y Y Y O O O Y Y O O Y Y m O Y Y 0 Y 0 0 0 0 O O N Y H Y Y Y 0 0 Y b O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N m m m J J J m m m J J m m J J J m m J m m m m m m m m m m m m m m m J J m J m m N N b {II m m b 10 W m m m UI m m m N b J N W A m m A A A W W m 0 J N m m m m m H H H H H H H H H H H H H H H H H H H zz x H H H H H H x x H H H H H H H H H H xxxx x x x x nnO x x x x x x x x x x U 1f�7�f fG77 f x�� C�x�] x fxf n x x f O� t��J]] x x ffO�� f�x77 x x x x f nx� � x7 r [9 ;u A;u ;u A71 ;a vC1 ;a PU M H H H H w ;u H H HPU H �u H C u x a as ac W W N N N O O J J Y W Y o K) N N N N N N N N N N N N N N N CO ❑O ❑O CO CO ❑0 0 0 0 0 0 CO CO OC CO H H H H H H H H H H H H H H H x x x x x x x x x x x x x x x 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 H H H H H H H H H H H H H H H M H N H H H H H H H H H H H H r r r r r r r r r r r r r r r W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y A A A A A A A A A A A A A A A W W W W W W W W W W W W W W W 0 0 o Y o 0 0 0 0 0 o Y o Y Y W J J Y N N W J A m m Y b Y O Y N O N Y O O O Y Y N N O O b O VI A Y Y A Y m N N J N J N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m J m b J J m N J J J m N b b m Y m N N N b b Y b b N V1 A N CN ❑N NC CN CN H H H H H x x x x x 3 3 3 'y3 3 H H H H H r r r r r NC CN CN CN CN H H H H H x x x x x H H H H H r r r r r W W W W W W W W W W W W W W W W W W W W Y Y Y Y Y Y Y Y Y Y A A A A A A A A A A W W W W W W W W W W 0 0 0 0 0 Y o 0 0 0 VI b y VI b O J W b N \ \ \ \ \ \ \ \ \ \ N N N N N O Y N O Y A N m m m m UI m A UI \ \ m W \ \ \ \ \ \ \ m b J m m b m J W b W m m m m m m NC CN CN CN NC H H H H H xxxx x M M H H H H H H H H W W W W W W W W W W Y Y Y Y Y A A A A A W W W W W £ £ £ £ x 0 o Y o 0 J m N W b N 0 0 O Y W W O J J m b 111 J b A N A W O CN CN CN CN CN H H H H H x x x x x 3 3 3 3 3 H H H H H r r r r r NC CN CN CN ❑N H H H H C x x x x x 3 3 3 3 3 H H H H H r r r r r 2 � M n 0 75A S x M n tl x M N H N Y H M W W W W W W W W W W N W W W W W W W W W H Y Y Y Y Y r Y Y Y Y b A A A A A A A A A A W W W W W W W W W W 1 0 1 Q 1 tl 1 M Y o 0 0 o r o 0 0 o i x O N b J W O N W U1 N M O Y N W N O N N Y Y H m J VI O VI m W m m N N m b b m b b A b b J x m N 0 N C ro rD a m C r• N O N N N O (D " £ E. 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N N N N N N N N N N N C N N N N N N N N N d 01 01 O\ 01 J J 01 01 A J D\ m J O1 OI m 01 OI 01 W J J A O1 O1 OI m 01 J J J H 01 J O1 J J J Ot T N W N A z N ZN b J J N J m m W W W m A A Y VI b m A U1 J O A z N z N zN O N Ot N W W 'JWtl m W vnn ttC]]l v t x� n x n x J x x x f x� x fx� x f x�� G tl tl K' x x x v li Ci x lffi�� I m mx H H H H H H H Y MM m z v H H H H H H H [%� H H IN-1 m H 0 m M N z Y 1 1 . 1 1 N N N N N N N N N N N N N N N N N N Vl x N N N N N N N N N N N N N N N N N N N N l n CO CO CO CO CO CO CO CO CO CO CO CO CO �O• CO �O�•• COC �O�•• COC yHy COC o COC COC CO CO CO CO CO COC COC COC COC COC COC COC CCO COC 1 H H H H H H H H H H H H H H H H H H H H x H H H H H H H H H H H H H H H H H H H i 3 3 3 3 3 3 3 3 3 3 3 3 x 3 3 3 3 3 3 3 3 x 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 1 H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H O v v v v v v v o v t- '0 r 19 r r 'I] y r '17 h1 h1 M M M M h1 O 'h y r O L- t t. r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r W W W W W W W W W W Y r Y r Y d d d d d W W W W W £ £ £ £ x 0 0 0 0 0 N b b m J Y N Y 0 0 VI Y W J W �G 01 N m m OI d Y N O1 W W W W W W W W W W Y Y Y Y Y A A A A A W W W W W £ x £ £ £ O O O O Y w m w w N Y O N N N J J N N J A J N N Y W W W W W W W W W W Y Y Y Y Y A A A A A W W W W W £ £ £ £ £ 3 x 3 M 3 Y Y 0 0 0 Y O W C1 Y Y O O N W J W N Y Y J m J J b O m Y N 0 W W W W W W W W W W W W W W W W W W W W Y Y Y Y Y H Y Y Y Y A A A d A A A A A A W W W W W W W W W W £ £ £ £ x x £ £ £ £ Y Y o 0 0 O Y 0 0 0 O O W d N d N A 1p W \ \ \ \ \ \ \ \ \ \ O O Y O Y O Y N N Y N J N VI O Y W 10 N A \ \ \ \ \ \ \ \ \ \ N O\ N N J 01 m m m {11 N O T 0\ N m N N O J W W W W W W W W W W W W W W W W W W W W N N N N N Y H Y Y d d d A d A O A d d W W W W W W W W W W 0 0 0 0 0 O O O O Y A N J N m J b N N O \ \ \ \ \ \ \ \ \ \ O Y Y Y O N O Y Y O W N b W J m U1 N W A \ \ \ \ \ \ \ \ \ \ O\ VI J b J J 10 J m m d m W A 0 N T N N T w w w w w N W W W W W H Y Y Y Y Y l ro A A A A A I W W W W W I 1 Q 1 d 1 m o o o o o z ul Y to m 0 0 \ \ \ O O N O N H d 0 W A Y 0 N N IG N d m i d En F y ro a m C �• w O N N rt O tD K w m O rt M N O O Y P~ < n M n N• n r a 0 Y w m m c < IY m O W •• rD rt Y N < n n w rt rt z N V• W fD W < O IQ p. to p w N a o w K ul rt 0 N Y• m J p .7 Y N m � rt 0 m \ O r J cqi M 01 N N N N N H H O z K K n 4 M H 7 Dl m Ir-I ro t7l'7 x cCM, M .0 q z O O O o 0 0 o Y o 0 W W W W W m m m m m N N N N N b b N b b N Y 01 r r O b m A W v v v v v 01 O� O� O1 OI N N N N N W W W W W N N N N N M Y x x z ° £ 4 ti O ro O Al MNz .r. x z � M r M °z z d 0 0 0 0 0 0 0 o r o N J N W W J m 01 O r N A O m N b N A N r Ol O 01 J 01 o z v v v 01 01 01 m 01 N N N N N W W W W W 01 O� O� T OI J J J Ot m J J N m m N W A N b m m W b b W N W W O 0 o r o o r o o r N N N N N N N N N N N J J J J J of m m J O1 x s x z z nx x n o x x m M H H tHn t•7 H< H H H Y N N N N N N N N 0 0 0 0 0 x x x x x 3 3 3 3 3 H H N M M r r r r r W W W W W W W W W W Y Y Y Y Y A A A A A w w w w w £ £ £ £ £ 0 0 0 0 0 Y Y Y b b o O N N N 01 01 b J J N N b 01 T 01 01 01 N N CN CN CN CN ❑N H H H H H x x x x x 3 3 3 3 3 M M M M M r r r r r W W W W W W W W W r r r r r A A A A A W W W W W 0 0 0 0 0 N b b A \ \ \ \ Y W N Y o O Y O J O A N m N m A N N N N N y n v v [r7 rya R1 Z7 M }71 H z o 0 0 W m M N 3 M :a Z M 0 0 0 0 0 o Y o o p O Y J m OI b m m Ip .P N m m N N Y m N b m m N A N A W x z z v v m m m m OI N N N N N W W W W W J 04 J m N J m G O J O O W N N O O Y Y Y N N N N N H H H H H x x x x x C H M lH*1 M M 70 ?11 N O x x x x x M M M M M r r r r r W W W W W W W W W W N N N N N A A A A A W W W W W £ £ £ £ £ 0 0 0 0 0 m b J W W W N N N N r N N r r A N N A A N xl Sd � A Po m y z yo N C g H H x >0z A M N q £ m O M 0 O £ yHy N � 3 0 0 0 0 0 Y O Y O Y m O J W Y VI A VI r W N N r W J N Y J 01 m A W b N A VI J r C� m z v z v v m m m 01 O� N N N N N W W W W W m J m J 01 m N J N N Y Y J Y W N r N r r N N N N N A J m o fxll x f�bll x H H H H H ar N ❑N ❑N CN ❑N CN H H H H H x x x x x M M M M M r r r r r W W W W W W W W W W N N N N N A A A A A W W W W W x £ x £ £ nl nl 3 '�l 3 o r o 0 0 J O 01 Y W r N O r r r O m O 01 b J b J m n x o w M 0 N x £ £ M n r z b fH�ll ,'V o x CAM' 7 q C C M N N °x q O o o 0 0 Y O O Y Y OI W N A J m N m m N N N O A W m b A U1 01 m Ol Y Y N W VI N A r z v v al al T T 01 01 m N N N N N W W W W W J J J J J A m O A A A o Y N N O r 0 0 0 N N N N N m m m m m x x x x x C .4 H C C M M M vi x x x x x M M M Y yGY S r r r r r W W W W W W W W W W N N N N N A A A A A W W W W W £ £ £ x o 0 0 0 0 0 V1 W Y W p� r o r o r A r J r b b VI J m b 3 H 0 0 H H H M m0 M P N cl n N O ,'U a H v N in 0 N ,b m 0 0 0 0 0 0 0 0 o Y b b A N N r r w b m m VI Y Y J O O O J OI J J b J m z z v v v T T 01 01 OI N N N N N W W W W W IV m m m m H H � yrK 0 N { ] M t77 0 o o o o Y O O r Y O W b {/I VI Am m N J J N N Y Y N J b m m VI J m W N J A m W m z v z z z 01 01 01 01 01 N N N N N W W W W W ro ro � ro w M rby'� A O O Gl O o-M y . Gal Cr' C4 0 w e z v d N £ 4 q m v o o o o c r o 0 o r m b W 01 �G N J N Y H Y VI VI 01 A b A m m b J m O1 Y W o z v o v m m m m m N N N N N W W W W W J J m m m m m m m m m J J m m W W N N b N m N N m O A m m W W O O D W ll1 V1 m m A o N 0 0 N N r r N r O O r r VI N O O N N N N N N N N N N N N N N £ £ £ £ £ £ £ £ £ £ £ £ £ m 0 0 m J J J m m J O1 m m J 0 o r r x x x x x x x x x x z H H H H H H H H lH*1 < H H IH7 ❑N CN ❑N CN CN H H H H H x x x x x M MGM M M M S r r r r r W W W W W W W W W W N N N N N A A A A A W W W W W x x £ £ £ Rl 3 M 3 3 r Y o o r O O A m 0 0 0 0 0 0 W W A b r J J In m m N VI O1 m A W m x x x x x M M M M M r r r r r W W W W W W W W W W N N N N N A A A A A W W W W W x £ £ £ £ 3 3 hf 3 h] 0 0 0 0 0 J N N m W N O N O O O1 A J r r 0 o m r r Z ro z M M n z n M M n �b v rtq M N I x x x x x l y 3 3 3 3 3 I H M M M M y Mqr I q 2 I M M M M M M M M M M r r r M r r W W W W W ta W W W W W Y Y Y Y Y ro A A A A A w w w w w o I O I v I M £ £ £ x x Kl 3 hl hf �] G1 Y o 0 0 o ti O J b N b M O O N O N N W J N O N N 01 A N O� I v m N 0 C ro m w N C r O N N rt O � n £ n w In O rt M m < x M m O Y r n a n m < n n o rt M , r x N m o Ir a rn G rt W Q ❑ p C (D N O n n n c n w n rt z N < H• W o r• o In W ry 7 r N q b rt a J n n N rt N N V• N J O N p o r O w K rt 0 0 A Y J b O M J ro II mI n M• I n 'I R I m I N I w I o 'I N b 0 t W N a W R z 0 3 LCIa r b M a H 0 M Cz o C0 0 0 o ff vi m PO - xo xo a x z C% 0 ry5q+�07 trOJ (, [ 7 100 0 z Z �Mq11 � nxgl [tl 0 Y [t' n x al K z m N N M Gl a O M x m n N to 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m N b N A b O b m N W m Nm O H O m 0 W m A N O A V1 UI 01 O W o c o o z o o a o 0 01 T 01 T T T T T A 01 N N N N N N N N N N W W W W W W W W W W d r • N - r r 4 M Z 07 z � n x rni N M M � z n O 0 0 0 0 0 o r o r r W N W O O A w N A A N N b W W N A J N O x o o d d 01 T 01 01 m N N N N N W W W W W mzzmzztn 3 [xa H H M 0 3 t4 H O H C4 H H Iz*J t0 b7 O v0i < z M M O M M M z n o N M 0 0 0 0 0 0 r r o 0 0 N b In m H J W O W m J Y1 J A W z x o z o T T O� 01 01 N N N N N W W W W W m 0a x c� o z N N° Oz 3 z Rr7 •Pr1 x z z z z N N Ci H O M 7 C7 N K z ;u M M y r G r 0 ^1 n H M 0 3 En n M z oz M y O H 4 x pu z z O o 0 0 0 0 0 0 0 0 O 1 1 o t+ 0 0 0 0 0 w m N A m N w J J W N A N 01 A N W W m 01 A N N A N O O 0 N N W C� 01 H N O m O b J N W m 0 A J N A N N m J m VI O O O N m w xl C xa C 0 0 m m 0 01 01 01 O� O� O� O� m 01 O1 N N N N N N N N N N W W W W W W W W W W W N N Y b b A m A O� N W W 01 01 A A O 01 A UI O O W W N 01 O� O� z z z z z z W s 0 w J 01 01 01 J J J J 01 T H H H PC N N H H H N xxx fof 0 zd x x fx� zd H H H H H H m M H M ?1 po io N 01 i s i i z m m m J J x x x x x H < < trHl M N N N N N z x s z x J J m m J H H H H H x x x x x tH*1 tH�7 < H M x7 .ro M 74 N N N N N N N N N N s a E s x x s E s E J T T J J O� 01 J J J m A A T m N m J x x x x x o n o x x x tHn H H M ` H C H M m M �7 77 W fk w 70 N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O H H H H H H H H H H H H H H H x x x x x H H H N N M M M M M yGM M M M M S r r r r r r r r r r r r r r r r r r r r r r r r r M z M n nz H n M H M n C tj rb M N i O O O O i x x x x N 3. S3 y3 3 y3 � H H M M M M I rrrrr w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w F+ r r r r r r F+ r+ t+ f+ r t+ r r F+ t+ r r r r t+ r r r r r r r r A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 0 o r o 0 F+ w o o m b m F+ b A \ \ \ \ \ \ \ \ \ \ O N O O N N O N N O N W N J N J Ol N T N \ \ \ \ \ \ \ \ \ \ b 01 J 01 b J b J T V1 0 0 0 0 0 b J m N N N N N N N N N J b b O� m UI m m b N 01 O O 0 0 0 0 0 m b N b b N W b A VI mm m J J O� O �+ 0 0 0 O o 0 0 0 m O N N m m W b b W \ \ \ \ \ \ \ \ \ \ Y O N N N O N N N N b UI 01 W-4 OI VI W W b \ \ \ \ \ \ \ \ \ \ m b m J b in a J J m O N A 01 N m b N N OI N v n O 0 M O M N H W 0 m C ro m a � 0 0 w N O 0 N R O m H E H w N O n M x C M m O 0 o r a, n m m C n H O R M n Y• X N m O n n a 0 .• w m C R W a c p C m N O a •. m n � m y m H C n n w n R x r r w m r• o m w a m y w N a J H a o a H w R m N V• N J O N p o r p r• N N � n 0 \ b J M N m O zN zN N M tn O tl tl N H x r r ro 3 Y �x �C 7 H x 7 n �n v 0 0 0 0 0 0 0 0 0 0 W W W W W N N N N N m m m m m y y N y 0 0 Y 0 0 0 W m a N Y v v v o v m m m m m N N N N N a a a a A y o z c c H H tl M O O H r o H H M M y H 7 0 o o o o o Y Y o 0 J y b a a m J N m m W O J m m N W J m m J W A N N O O A J m x x v x v m m m m m N N N N N A A A A A J m m m to UI J J In In m W W W m m y y b b O J J H Y A W A m m Y y y y Y J 0 0 0 0 y y y y y y y y y y x s s i s x x x x x N N N m m m y y m m m m m Y J N b b J J H H H H H H H H H x x x x x x x x x H C C< H H H H H M M M M Cy Cy Cy Cy Cy H H H H H xxxx x y3 3 y3 y3 y3 H N N H H W a Cy Cy Cy Cy Cm H H H H H x x x x x H H N N N 0 O n n n N O o O o x O z x 61 M M M 4 3 H H M ZQT O CqC y C^ 0 0 0 0 0 O Y Y O Y W VI O m O m m a a a m m N O m m m Y Y Y a N N a v x v v x m m m m m N N N N N A A A A A o r r x m 4 4 z < H H M y y x m 4y tl M H y � 00 r i y toj V71 M r x 0 0 0 0 0 Y W 0 0 0 m J O a H Y Y V1 O W J N y 0 Y A y b N A W a N A a m W O J x v x v v m m m m m N N N N N A A A A A y 0 m m m y y J N M b 0 0 0 a b J y J b m m V1 b O Y a N O d1 0 Y Y O Y Y N O Y y K y y y y y y y y m W m m y J m y J m W N z Nz z Nz b m W b J m G e C C 7HC 7HC G x x x H m H H< H H< tHa H M M x J �! 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H • �� d a H 0 g M q z H o M M y z M M 0 0 0 0 0 Y O Y Y O m N A A O N Nm N N N N O O W Y J J A W Y W W Y J N a W Y v v x x v m m m m m N N N N N A A A A A H M N H O x y Z y C1 Gq�q++1 •yy O O C m 5 0 y HH0 W a x 0 0 0 o p Y 0 0 0 0 W O J N m m O 0 Y W O N J N Y O J y m O Y a W VI m Y UI m N v v x x v m m m m m N N N N N A A A A A N N y m In J m N ll� m m in ll� ll� m J J J J m b J J J Y O b J J O m b O b N N O N N m m W N N N N N Y Y W W Y O Y Y Y Y y y y y y y y y y y y y y y y E E t t t S t t i Y x s E E x m m m m m m J J J J m . . m J xW W Wx1 z N z N A A m m b m W z Nz $ N$ m G tl C C x x x x x x x tl O tl x H H H H H C m m [Ha H H H H H H M x x x x N m Cy Cy Cy Cy Cy Cy Cy Cy Cy C0 Cy Cy Cy Cy Cy H H H H H H H H H H H H H H H xxxx x x x x x x x x x x x 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 N M H H M H N N H N H H H H H H H H H H H H H H H N H N H H x ro �S x M M n n A ro x M n tl x y y 1 0 O y O y 0 O y 0 0 0 0 0 n ❑ C ❑ CO C ❑❑ CO CC QQ COC xxxx x x x x x x� N y3 y3 y3 3 3y y3 y3 y3 y3 y3 � H 3 2 2 2 2 3 3 3 3 1 PH7 r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 1 1 1 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W N W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W H N N N N N N N N N N N N N N N N N N N N Y Y Y Y Y Y Y Y Y Y N N N N N N N N N N ro A A A A A a A a A a a A a a a A A A A A A A A A A A A A A A A A A A A a a a a a l W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W n 1 Q 1 tl � M E S S t T x S C t� x x x x x C o t t s x x x s x x x x x t t t S S S S 8 t� rob O O O Y Y O O Y 0 0 Y Y 0 0 0 0 0 0 0 0 O O O Y O Y O Y 0 0 0 0 0 0 0 O Y Y 0 0 x W W W O N b J O J J O O m Y y W W m b b W b m O J O W N b J J N N N N N O O b a M N Y Y O N O Y O Y Y Y Y O N O O O Y N O Y N N O Y O N N N O N N N N N Y O O Y Y H b N N m N In N J N N O m J a m VI m N b m A W W a W J Y J W U� b O VI O VI W IA A J A y In m m y y J b b J J ll� m m J m b ll� J J J tl� J J m m y J m J b J m m y m m J m b x m O O m 0 b Y m N N y b O N O m m N m m m m m m m O m Y m N N y W m N J m N m W l tl m N O y C q ro a m a m O w < N N N rt O � n w N O N M 9CxM m o 0 1 r r w a m < n M O r M n Y x y m 0 Y w m C A W a c p C ID N O a •• w rt Y m q m h < n n w n n x N Y• W .4 O W Q w a m a w N q b rr a J M a 0 w M m D N V• N J O N p tn O M• K n 0 m O A b J M Y b 0 0 3 3 3 3 3 3 3 0 ,3I3 Zr3q� X X px x x x xq xq G1 0 m O of 0 0 0 i O O H M M n n n n n �y r�� Y � � � � � � n C E r G� lOy z "y' yyO °r A IM-I IOO °x k Oy n M M x N m y„ Ov O� 'L7q. x x M 7q. 0 0 X X '� Z 'L M M K l ,vvv3 I��3I31111 M M K O O xHx ^ Hx K M r M M rr y7. 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ZZZ7 H t. to N 7 yypu C z O O O O O 0 o O J W o O J b a A H A O N A N N b 01 b m m m Y m N m W N m O A m tJ� H 0 0 0 C m m m m m N N N N N A A A A A J lH In J J J b b In T N m m A A 0 0 o m w to N to N m b N r m r < H H C C M t7 M m Oo0 M m 0C Po 0 3 n z z x N H M nx 0 0 O Y o t. z r ro ro M; 3 x N tqt7 y N M tl Al 3 b o ° m 7� L-3 i i 1 O O p 0 0 O O O o o n H o H o H H o 0 o M O UI A O m J m W W m }I m b VI m r W N N N J H W VI W J b N b W W J 1 J N H O b A b W W W 1 Ol m O N J A 01 b m b t7 t7 z t7 .d ?o A 0 0 0 i ro i m m m m m m m m m m ro N N N N N N N N N N 1 7tl n 01 b N m b b b m m m w r o N Y r N H N r N to fA N In to N m m N O� J N Ut m m m m m UI r m b b J J J A A m H x JnnHC x x x x �x x x t H HV3 H H H H H N m N N N N N N w 0 N N N N N N N N w N w N N N N N N N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x xxxxx xxxx xxxxx xxxxx xxxxx 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 H H H H H H H H H H H H H H H b Hb H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H W W W W W W W W W W W W W W W W W W W W W W N r r H N N r H N r r A A A A A A A A A A A W W W W W W W W W W W H H o H o 0 o N H o 0 O H W O W b W H H J A \ \ \ \ \ \ \ \ \ \ \ O H W O W p N O O N N \ \ \ \ \ \ \ \ \ \ \ b UI In 01 U� 01 m J J m J W W W W W W W W W W H H N H r A A A A A W W W W W N r r o 0 O O O b N O O O N O H J J A m \ \ \ \ \ J J J b J b 0 M N n N b H P] W W W W W W W W W W N W W W W W W W W W W N N N N r r N r H r r ro A A A A A A A A A A W W W W W W W W W W n 0 0 W ££ s£ x x x££ x i i ro '+7 3 M 3 3 �7 3 ro ro L1 o r om o 0 0 0 0 o o i ?a b O b W N W N W J bl W O W N N H N O N H H O A O W O 0 O N H N N m J m J b b b N 0 O H m m m N m VI 01 N � 0 It h1 n z A 0 N C Y b CL a a m < r m O m m n O £ ry 0 r• N O n M a < a M N 0 O H r n N a m 0 n ry o n 11 n r• it N N O n n a a .• a m G n r• a c a < ro m o a •• ro n H a G n n ry N r• r Q r• < o w a a a Y. m b b n a J ry a o a M b n !D N W N J O N a o r a r •' m '< n 0 m \ 0 A v J ro N n w O a R w r m 0 m m m W n m r a z 0 3 w W r b a a n m C y ro a m n m < W N O N N n O m n £ n r• N O n M < v Vf m O O r r n m a m < n n o n to n W X N m O n n a 7 r w N C n W CL c 0 < m N m O a .. n .• m n m n < n n w n n pa m r r• W m r• � O W a m 5 W N a J n a o w n N R m N W N J O N O o r � W r N �< n 0 0 J JUN-09-97 MON 14:00 OFFICE OF DEVELOPMENT 305 665 03$1 R.p2 FROM : THE ARCH DESIGN CONSORTIUM PHONE Nu. : 315 +576fb718 (play. om- 1`� i•:: -1 r - ruars The Architecturat Desie Consortium Inc. 4128 N. NUAml AYenae r+LiAunl. Florida 31127 TEr. (305) 576.4571 FAX i 5) S7G -b738 CgItT. No. AAC 02W 5/6197 Bill Pratt Director Office of Development City of South Miami 6900 S.W. 59th Place South Miami, Florida 33143 Re: Professional Design Services for The Multi - Purpose Facility at Murray Park Dear Sir: This is a follow up to our telephone conversation on the above referenced subject matter. We had agreed that it would be to the interest of the City to provide Complete Set of Construction Document for the entire Project which will help in the phasing of the construction. Our initial Construction Estimate for the entire Project is $5,000,000 (Five Million Dollars). Our Design Fee, as discussed with you will be $400,000 (Four Hundred Thousand Dollars) which is Eight percent of the estimated Construction Cost, The initial tees will be a part of this revised fee. If you have any questions, please feel free to contact us. Sincerely, The Architectural Design Consortium, Inc. JUN -09 -97 MON 14:00 OFFICE OF DEVELOPMENT 305 665 0381 P-02 FROM : THE ARCH DES I'GN CONSORTIUM PHONE NU. : 31 5 +576-rE.715 i l y. Uo 1 �'' U•; : -1 : r i , Gas The Architectural Design Consortium Inc. N Muni AYMIC Florida 33127 TEL. (345) 5764571 FAY (305)6764'718 CV12T. No. AACD02%9 5/6/97 Bill Pratt Director C)ffice of Development City of South Miami 6900 S.W. 59th Place South Miami, Florida 33143 Re: Professional Design Services for The Multi - Purpose Facility at Murray Park Dear Sir: This is a follow up to our telephone conversation on the above referenced subject matter. We had agreed that it would be to the interest of the City to provide Complete Set of Construction Document for the entire Project which will help in the phasing of the construction. Our initial Construction Estimate for the entire Project is $5,000,000 (Five Million Dollars). Our Design Fee, as discussed with you will be $400,000 (Four Hundred Thousand Dollars) which is Eight percent of the estimated Construction Cost. The initial tees will be a part of this revised fee. If you have any questions, please feel free to contact us. Sincerely, The Architectural Design Consortium, Inc. RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE 3 MULTI -USE RECREATION CENTER, . AUTHORIZING THE CITY MANAGER 4 TO COMPLETE A CONTRACT AMENDMENT WITH ARCHITECTURAL DESIGN 5 CONSORTIUM, INC. TO COMPLETE A FULL SET OF ARCHITECTURAL 6 DRAWINGS ENCOMPASSING THE COMPLETE REQUIREMENTS FOR 7 CONSTRUCTION OF THE MULTI- PURPOSE CENTER; THE FUNDS TO BE 8 DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. 9 10 11 WHEREAS, The City Commission approved Resolution No.205 -96 -9959 12 which authorized the contract with Architectural Design Consortium 13 to complete a master plan and design the Multi -use Recreation 14 Center at Murray Park; and 15 16 WHEREAS, The Architectural Design Consortium has requested a fee 17 for the full scope of work which has been initiated; and 18 19 WHEREAS, The requested fee for the additional work on the 20 Multi- Purpose Center exceeds the contracted amount for Phase I and 21 represents a fee that is within standard practice guidelines; 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 24 THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section I The City Manager is hereby authorized to complete a 27 contract amendment with Architectural Design Consortium for 28 complete drawings required for construction of the Multi- purpose 29 Center. 30 31 Section TT This disbursement will be included in the 1997 -98 32 Fiscal Year's Budget. 33 34 Section TTT This resolution shall take effect immediately 35 upon approval. 36 37 PASSED AND ADOPTED this 10th day of June, 1997. 38 39 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE 3 MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER 4 TO COMPLETE A CONTRACT AMENDMENT WITH ARCHITECTURAL DESIGN 5 CONSORTIUM, INC. TO COMPLETE A FULL SET OF ARCHITECTURAL 6 DRAWINGS ENCOMPASSING THE COMPLETE REQUIREMENTS FOR 7 CONSTRUCTION OF THE MULTI - PURPOSE CENTER; THE FUNDS TO BE 8 DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. 9 10 11 WHEREAS, The City Commission approved Resolution No.205 -96 -9959 12 which authorized the contract with Architectural Design Consortium 13 to complete a master plan and design the Multi -use Recreation 14 Center at Murray Park; and 15 16 WHEREAS, The Architectural Design Consortium has requested a fee 17 for the full scope of work which has been initiated; and 18 19 WHEREAS, The requested fee for the additional work on the 20 Multi - Purpose Center exceeds the contracted amount for Phase I and 21 represents a fee that is within standard practice guidelines; 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 24 THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section I The City Manager is hereby authorized to complete a 27 contract amendment with Architectural Design Consortium for 28 complete drawings required for construction of the Multi- purpose 29 Center. 30 31 Section II This disbursement will be included in the 1997 -98 32 Fiscal Year's Budget. 33 34 Section III This resolution shall take effect immediately 35 upon approval. 36 37 PASSED AND ADOPTED this 10th day of June, 1997. 38 39 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY v v,.V, of 44uz lz:zu kAl CITY OF SOUTS MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: June 10, 1997 L. Dennis Whitt, City Manager From: Earl G. Gallop L G Rc: Payment of Title Attorney's Fees and Costs This memorandum recommends payment of title attorney's fees and costs in the amount of S 12,280.50. Title attorney's fees and costs were incurred in performing title work for the lien foreclosure actions (App. 1, App.2), an unsafe structure (App. 3), and a property at which illegal activity was being conducted from a store (App. 4). These invoices do not include the title work performed on the lien foreclosure action concerning the Davis Gardens property. That invoice will be submitted at a later date. Recommendation: approval. EGG /sgs Enclosures cc: Steven C. Cronig, Esq. 2002 I= 14. zu kAl RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MXAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES IN THE AMOUNT OF $12,280.50 AND CHARGING ACCOUNT NO. 1500 -3410, CONSULTING - LEGAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Attorney recommends payment of the attached invoices for attorney's fees and costs received from Bailey & Jones in the total amount of $12,280.50 for services rendered in performing title work. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MTAMI, FLORIDA: ection 1 The invoices for attorney's fees and costs received from Bailey & Jones in the total amount of $12,280.50, are approved for payment and payment shall be charged to Account No. 1500-3.410; Consulting - Legal. Sepbon 2 This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of June, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY C'wyMP.S\CSM\w.MS APPROVED: MAYOR [a 003 VV, A.V, Of tut 1L zu FAX iiley & Jones PIIOI .aaIONAL A990CIATION ATTORNEYS AT LAW GOURVOISIER CENTRE $01 13RICKELL KEY DRIVE SUITE 300 AM1, FLORIDA 33131 -ZGZ3 TEL. (305) 374 -5306 PAX (306) 374 -6713 AIL: bai1eY-joneseworidnet.a tt.net JEANNETTE E. AL00 RAUL A. ARCNCIDIA GUY S. BAILEY. JR. ELIZABETH S. eAKCR PATRICIA M. 9ALOYRA SCOTT L. CAGAN TIMOTHY CONE .TEVEN CARLYLE CRONIG NES C. CUNNINGHAM. JR JESSC C. JONES KARIN B. MORRELL OF COUNSEL LAWRENCE S. EVANS J. OAUCE IRVING ROBERT E. SCHUR ECNIOR COUNSEL WM. R. DAWES Tuesday, April 29, 1997 Earl G. Gallop, Esquire E.G. Gallop & Associates 200 South Biscayne Boulevard Miami, Florida 33131 -2316 RE: City of South Miami 1 Owners' and Encumbrance Searches Dear Earl: I am writing regarding the billing for the twenty owners' and encumbrances' title examinations we performed for the City of South Miami. When we began this project in January, I thought it would be a relatively simple matter involving running an in -house computer search and examining a small number of documents for each property. Ordering the information by computer should have been both faster and much cheaper. Unfortunately, the project turned out to be much more complicated than we initially believed. The computer data base goes back only to 1976 and in many of these files, the properties had been acquired many years before then. Ultimately, we had to order manual title searches for many of the properties, some of which went back to the 1940's in order to get what is called a "base of title ". The delivery time for these back searches was several weeks. Due to the nature of the owners, most of the searches involved dozens of documents; we ended up receiving and examining nearly six thousand pages of information. In many cases, there were probate documents to examine, as well as judgments filed against the owners and individuals with similar names. In several cases, it was necessary to conduct an examination of the Secretary of State's corporate records. AF . 1 0 004 vui lvi y i iuz lY: Y1 FAX Earl G. Gallop, Esquire Tuesday, April 29, 1997 Page 2 Foos We already have billed the City for the costs advanced for the title information. I have held off billing the City for the legal fees involved in the examinations until I knew the full extent of the time involved. The total time involved exceeded sixty hours for Charisse and twenty-two hours for me. Some of the files took less time, some took more, but it averaged out to three hours of paralegal time a $75/hour and one hour of attorney time @ $250/hour for each of the twenty files. Accordingly, the actual fees per file may be stated as $475.00. This obviously is much higher than you and I initially had anticipated, so I would like to reduce the per file fee to $250. Accordingly, the legal fees we will charge for this matter are $5,000, plus costs. Please do not hesitate to call me if you have any questions. Sincerely, BAILEY & JONES cc: B&J Bookkeeping Dept. BAILEY & .JONES A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW tur —,14-4 ral Bailey & Jones . 111"RCOfIONAL 441000A1I014 ATTORNCYS AT Law COURVOIaILP CCNTIt[ i 009 GP:CKi LL RL• OR1VC , su1TC 300 MIAMI, rLORICA 33131.11913 YCL. coos► 374 -5500 Pax gOS1 574 -0715 JGANMCTTC C: Asro PAUL A. APCNC4IA ALJV 0. OAILCY. JR. rLIZASCTH S. OA.1CR DATRICIA M. &"QVPA SCOTT L. CAVAN TIMOTHY CO►IC CreVeV CARLYLL CRONIO J^Mra C. CUNNINGHAM. JR. JeaaC C. JONCs KA/114 0. MOAACLL or couriscL LAWACNCC i. CVAwS J. /RVCL IAVINO ROOCRT r. HCr1UP ACNIOR COYN89L W%I. A. DAWN Monday, May 12, 1997 Earl G. Wop. Esquire 200 South Biscayne Boulevard Miarni, Florida 33131.2316 RE: COSTS FOR VARIOUS O&E SEARCHES Dear Earl: Listed below are costs which I have allocated as bast as I could for each property which we perfomcd an owners and cncurnbrame search for The City of Miami. The charges are for title computer usage, gap search costs and tax searchee for the properties which we did not perform owner's and encumbrance searches for. PursuaX to Steve's letter dated April 29*, we charged $250,00 each file for auorney /paralegal time involved. We are also charging a flat charge of $15.00 tack for photocopying and telefaeaimile. There are• two searches which are to be delivered. CSM -1 - 5715 Commerce Lane 61.00 -To be provided Attorney time 250.00 Costs i 5-00 $366.00 CSM -2 - 5928 S.W. 66`'1 Street 61.00 Gap search 40.00 Attorney time 250,00 Costs 1-5 (1(I $366.00 CSM 3 5942 S.W. 620 Street 61.00 Gap search 40.00 Attorney time 250.00 Costs 5,� S366.00 APP. 2 0006 D. 2 ...,, tv, as ILL 1.: Y1 rail �� G- I �v G c �Li-� •� r kU.1 dA I LG`i -jQ6ES �iar--.y7d.36dfl Earl G. Gallop. Esquire Monday. May 12. 1997 Page Two CSM-4 - 5973 s m. 666 rerr. 61.00 Gap search 60.00 Attorney time 250.00 Costs - $386.00 CSM -5 - 6017 S.W. 6314 Street 61.00 Gap search 60.00 Attorney time 250.00 Casts ] 5.00 $386.00 CSyi- 6.6081 S.W. 60 Tom 61.00 Gap Search 60.00 Attorney dune 250.00 costs 15.00 5386.00 CSM -7 -6150 S.W. 401 Street 65.00 Gsp search 40.40 Attoracy time 250.00 Costs 15, $370.00 CSM -7 -A 6250 S.W. 40" St. 55.00 Gap search 40.00 Tax search 6.00 Attorney time 250.00 Casts _._15 � $366.00 CSM -8- 6257 S.W. 59c4 Place 61.00 Gap search 60.00 Attorney dmc 250.00 Costs ,� i.00 5386.00 01007 P. 3 VVi lul v ll1% .�.:: �. FAX QI 008 Earl G. Gallop, Esquire Mou&y, Miry 12. 19977 Page Thtee CSM -9- 6345 S.W. 62''4 Street 61.00 Gap _each 40.00 Attorney time 250,00 Costs j 5 m $366.00 CSM -10 - 6400 S.W. 57' CE. 61.00 Gap search 40.00 Attorney dme 250.00 Casty 15 5366.00 CSM 11 6411/6415 S.W. 59" PI 67.00 Gap search 40.00 Attorney time 250.00 Costs 00 $372.00 CSM - 12.6530 S.W. 63rd Ave - 61.00 Gap search 40.00 Attorney tune 250.00 Costs ,-,15.00 $366.00 CSM -13 - 65761657916580 S.W. 6V' Ave 61.00 Gap search 60.00 Attorney time 230.00 Costs 15 $386.00 CSM -14 - 6583 S.W. 591' Ct. - 61.00 Gip search 40.00 Attorney time 50.00 Costs 15.00 $366.00 vv� ivy of tut 1G:C: FAX a— i ;c— + ,y, : ��r•t r kur t EsA IL= +- -jUI -ZS 306374LG42 Earl G. Gallop. Esquire Monday, May 12, 1997 Page Four CS-NI-15 - 7000/7020 S.W. 61" Ave 61.00 Gap search 40.00 Attorney time 250.00 cosu is, $366.00 CSM -16 - 7401 S.W. 67% Ave - 61.00 - To be delivcred Attorney time 230.00 Costs _1=" $366.00 TAX c rches $7.00 each - (total $112.00) 5920 S.W. 61" Avenue 5920 S.W. 68' Sawt 5915 S.W. 6e Street 5978 S.W. 62a' Stmt 6302 SW. 4V Street 6386 S.W. 4314 Street 6115 S.W. 61" Street 6421 S.W. 641 Court 6489 S.W. 5611 Street 6500 S.W. 63" Avenue 6531 S. S.W. 58t° Ave= 6601 S.W. 63i4 Avenue 6730 S.W. 63'0 court 6781 S.W. 75' Tcrram 6912 S.W. 62%' Court 7911 S.W. V Court Thank you for your consideration in this ma=r. Please do not hesitate to call me if you have any questions or problems. Very truly Yom, BAELEY ¢t JONES Charlsse C. Delgado Para] * (� 009 VV/ LV/41 1V1r. 1.1: Z.*' FAX BAILEY & .ONES A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVO131EA CENTRE 0 SUITE 300 501 Bg1CKELL KEY DRIVE MIAMI, FLORIDA 33131 -2623 TEL. (305)374 -550"5 FAX (305137A-6715 (305) 374-7748 City of South Miami 200 S. Biscayne Blvd. Suite 3580 Miami, FL 33131 DR PROFESSIONAL SERVICES RENDERCO: May 14, 1997 Matter: 989405 South Miami, City of - Owner's & Encumbrance Search 6163 SW 63rd Terrace Q010 04/02/97 SCC Attention to Examination of Title 1.00 $ 250.00 04/03/97 SCC Examination of title 1.00 250.00 Total Professional Services $ 500.00 For Disbursements Incurred: 03/31/97 Attorney's Title Insurance Fund $ 14.00 04/03/97 Check # 34810 to Attorneys' Title 150.00 Insurance Fund; disbursement for: Inv. #01 -97- 004748 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Recapitulation At 250.00 per hour SCC worked 2.00 Hours For Professional Services For Disbursements Incurred Current Balance Previous Balance Bill # 26796 2.00 Hours $ 500.00 164.00 $ 664.00 75.00 Total Due $ 739.00 be properly credited, please indicate Bill Number on your remittance check. your convenience, we are able to accept payment via credit card. APP. 3 ..v, �,,, d, lQr. 14. zz klu 6/14/1997 11:36 3056636346 S:MIAMIFINANCE DEPT e.i•.a: 2122/07: r:&DPU. ar4 7744 Pv, N.rKCaiter zou; Ar MAR 21 '97 (FRU 13:41 aAILIV k JONCB 374 7148 Ctiy of South jusini a/o out a. "110p 6130 gmmt Otis9 Si "t 2L 33145 Ablead rs 12, 1996 ]tatter$ 999001 soath )"mi, City 09 - Omas's s aaaa search - 6021 S[ 59th !l. 10/21/9a CCD attention to pra►p�est seasoh 10/21/91 CCp peasipt =4 s0vi�t o1 hard aopios regsested frm Mtge I a taotioa to orAOisativo at 000 ;.."7.50 0. oe Total rMfessiai o.r.ia.■ 97.90 @�oxx �aGE 0� rAat � 0.so f 60.00 0.50 37.50 fOsaapit�tlatioA at 75.00 per soar Cm worked 1.60 Rol" - -.mmm i For rrot.s.ioaai 1erviam y For Usbaraments iaaorswd ALU ! 33574 1.34 evars 0 97.90 9600 Total sow + 97.50 loo be properly arsdit,ed, please LudiC#t.0 sill Sumbes oa ypar eesittsaee Qhw*- A_FF. 4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER TO COMPLETE A CONTRACT AMENDMENT WITH ARCHITECTURAL DESIGN CONSORTIUM, INC. TO COMPLETE A FULL SET OF ARCHITECTURAL .DRAWINGS ENCOMPASSING THE COMPLETE REQUIREMENTS FOR CONSTRUCTION OF THE MULTI - PURPOSE CENTER; THE FUNDS TO BE DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. WHEREAS, The City Commission approved Resolution No.205 -96 -9959 which authorized the contract with Architectural Design Consortium to complete a master plan and design the Multi -use Recreation Center at Murray Park; and WHEREAS, The Architectural Design Consortium has requested a fee for the full scope of work which has been initiated; and WHEREAS, The requested fee for the additional work on the Multi- Purpose Center exceeds the contracted amount for Phase I and represents a fee that is within standard practice guidelines; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I The City Manager is hereby authorized to complete a contract amendment with Architectural Design Consortium for complete drawings required for construction of the Multi- purpose Center. Section IT This disbursement will be included in the 1997 -98 Fiscal Year's Budget. Section TIT_ This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 10th day of June, 1997. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE 3 MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER 4 TO COMPLETE A CONTRACT AMENDMENT WITH ARCHITECTURAL DESIGN 5 CONSORTIUM, INC. TO COMPLETE A FULL SET OF ARCHITECTURAL 6 DRAWINGS ENCOMPASSING THE COMPLETE REQUIREMENTS FOR 7 CONSTRUCTION OF THE MULTI - PURPOSE CENTER; THE FUNDS TO BE 8 DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. 9 10 11 WHEREAS, The City Commission approved Resolution No.205 -96 -9959 12 which authorized the contract with Architectural Design Consortium 13 to complete a master plan and design the Multi -use Recreation 14 Center at Murray Park; and 15 16 WHEREAS, The Architectural Design Consortium has requested a fee 17 for the full scope of work which has been initiated; and 18 19 WHEREAS, The requested fee for the additional work on the 20 Multi - Purpose Center exceeds the contracted amount for Phase I and 21 represents a fee that is within standard practice guidelines; 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 24 THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section I The City Manager is hereby authorized to complete a 27 contract amendment with Architectural Design Consortium for 28 complete drawings required for construction of the Multi - purpose 29 Center. 30 31 Section II This disbursement will be included in the 1997 -98 32 Fiscal Year's.Budget. 33 34 Section TIT This resolution shall take effect immediately 35 upon approval. 36 37 PASSED AND ADOPTED this 10th day of June, 1997. 38 39 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE 3 MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER 4 TO COMPLETE A CONTRACT AMENDMENT WITH ARCHITECTURAL DESIGN 5 CONSORTIUM, INC. TO COMPLETE A FULL SET OF ARCHITECTURAL 6 DRAWINGS ENCOMPASSING THE COMPLETE REQUIREMENTS FOR 7 CONSTRUCTION OF THE MULTI - PURPOSE CENTER; THE FUNDS TO BE 8 DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. 9 10 11 WHEREAS, The City Commission approved Resolution No.205 -96 -9959 12 which authorized the contract with Architectural Design Consortium 13 to complete a master plan and design the Multi -use Recreation 14 Center at Murray Park; and 15 16 WHEREAS, The Architectural Design Consortium has requested a fee 17 for the full scope of work which has been initiated; and 18 19 WHEREAS, The requested fee for the additional work on the 20 Multi - Purpose Center exceeds the contracted amount for Phase I and 21 represents a fee that is within standard practice guidelines; 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 24 THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section I The City Manager is hereby authorized to complete a 27 contract amendment with Architectural Design Consortium for 28 complete drawings required for construction of the Multi- purpose 29 Center. 30 31 Section II This disbursement will be included in the 1997 -98 32 Fiscal Year's Budget. 33 34 Section III This resolution shall take effect immediately 35 upon approval. 36 37 PASSED AND ADOPTED this 10th day of June, 1997. 38 39 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER TO COMPLETE A CONTRACT AMENDMENT WITH ARCHITECTURAL DESIGN CONSORTIUM, INC. TO COMPLETE A FULL SET OF ARCHITECTURAL DRAWINGS ENCOMPASSING THE COMPLETE REQUIREMENTS FOR CONSTRUCTION OF THE MULTI - PURPOSE CENTER; THE FUNDS TO BE DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. WHEREAS, The City Commission approved Resolution No.205 -96 -9959 which authorized the contract with Architectural Design Consortium to complete a master plan and design the Multi -use Recreation Center at Murray Park; and WHEREAS, The Architectural Design Consortium has requested a fee for the full scope of work which has been initiated; and WHEREAS, The requested fee for the additional work on the Multi- Purpose Center exceeds the contracted amount for Phase I and represents a fee that is within standard practice guidelines; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I The City Manager is hereby authorized to complete a contract amendment with Architectural Design Consortium for complete drawings required for construction of the Multi - purpose Center. Section II This disbursement will be included in the 1997 -98 Fiscal Year's Budget. Section TIT This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 10th day of June, 1997. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE 3 MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER 4 TO COMPLETE A CONTRACT AMENDMENT WITH ARCHITECTURAL DESIGN 5 CONSORTIUM, INC. TO COMPLETE A FULL SET OF ARCHITECTURAL 6 DRAWINGS ENCOMPASSING THE COMPLETE REQUIREMENTS FOR 7 CONSTRUCTION OF THE MULTI - PURPOSE CENTER; THE FUNDS TO BE 8 DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. 9 10 11 WHEREAS, The City Commission approved Resolution No.205 -96 -9959 12 which authorized the contract with Architectural Design Consortium 13 to complete a master plan and design the Multi -use Recreation 14 Center at Murray Park; and 15 16 WHEREAS, The Architectural Design Consortium has requested a fee 17 for the full scope of work which has been initiated; and 18 19 WHEREAS, The requested fee for the additional work on the 20 Multi - Purpose Center exceeds the contracted amount for Phase I and 21 represents a fee that is within standard practice guidelines; 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 24 THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section I The City Manager is hereby authorized to complete a. 27 contract amendment with Architectural Design Consortium for 28 complete drawings required for construction of the Multi- purpose 29 Center. 30 31 Section 11 This disbursement will be included in the 1997 -98 32 Fiscal Year's Budget. 33 34 Section III This resolution shall take effect immediately 35 upon approval. 36 37 PASSED AND ADOPTED this 10th day of June, 1997. 38 39 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE 3 MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER 4 TO COMPLETE A CONTRACT AMENDMENT WITH ARCHITECTURAL DESIGN 5 CONSORTIUM, INC. TO COMPLETE A FULL SET OF ARCHITECTURAL 6 DRAWINGS ENCOMPASSING THE COMPLETE REQUIREMENTS FOR 7 CONSTRUCTION OF THE MULTI - PURPOSE CENTER; THE FUNDS TO BE 8 DRAWN FROM 1997 -98 FISCAL YEAR'S BUDGET. 9 10 11 WHEREAS, The City Commission approved Resolution No.205 -96 -9959 12 which authorized the contract with Architectural Design Consortium 13 to complete a master plan and design the Multi -use Recreation 14 Center at Murray Park; and 15 16 WHEREAS, The Architectural Design Consortium has requested a fee 17 for the full scope of work which has been initiated; and 18 19 WHEREAS, The requested fee for the additional work on the 20 Multi- Purpose Center exceeds the contracted amount for Phase I and 21 represents a fee that is within standard practice guidelines; 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 24 THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section I The City Manager is hereby authorized to complete a 27 contract amendment with Architectural Design Consortium for 28 complete drawings required for construction of the Multi- purpose 29 Center. 30 31 Section TT This disbursement will be included in the 1997 -98 32 Fiscal Year's Budget. 33 34 Section TTT This resolution shall take effect immediately 35 upon approval. 36 37 PASSED AND ADOPTED.this 10th day of June, 1997. 38 39 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY A��4/ 7 61 riC� CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor & City Commissioners Date: June 10, 1997 Via: L. Dennis Whitt, City Manager v From: Bill Mackey, AICP Re: Submittal of PUD -R Director of Planning & Zoning SUBMITTAL OF PUD -R Please, find the following attached packets which comprise the submittal of an application for a Planned Unit Development - Residential [PUD -R] to the City Commission: 1. Supplemental drawings and supporting documents which were submitted by the applicant at the Planning Board Meeting of June 5, 1997, and made part of the record at that meeting; 2. Draft, Excerpted Planning Board Minutes from the Planning Board Meeting of June 5, 1997, including a response from a member of the public which was received via telefacsimile and a follow -up letter from Mr. J. Hayes Worley, Jr. received after the Planning Board Meeting; Staff repoii, uaieu iviay 13, 1997, by the Director of the Planning & Zoning Division, which evaluates the merits of" the project and recommends approval with six specific considerations; Staff reports, regarding the application's compliance with City's Land Development Code, dated 09 -24 -96 (preliminary), dated 02 -18 -97 (preliminary), and dated 04 -10 -97 (final), including a copy of Section 20 -3.7 of the City's Land Development Code for reference; Letter in lieu of ERPB's formal approval, dated May 7, 1997, with copies of the Minutes for the ERPB Special Meeting on August 23, 1997, and the ERPB Meeting on May 6, 1997; Letters received from and a response to Mr. J. Hayes Worley, Jr., affected area resident; and, 4. Application, submitted by Westway Limited, as representative for Mr. & Mrs. Joseph Shaw, dated March 18, 1997, including proposed site plan, landscape plans and model house plans. Thank you.