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04-18-06
2. City Manager's Report: a) Scheduling Bethel's Pavilion Opening Ceremony b) Request to install 4 -way Stop at SW 63rd Court &' SW 66th Street. 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A`RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING BRIAN D. BEASLEY TO SERVE' ON THE COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR A TWO YEAR TERM ENDING APRIL 17, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING BRIAN D. BEASLEY TO SERVE ON THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BD FOR A 2 -YR TERM ENDING 4 -17 -2008) (Mayor Feliu) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING BRADLEY CASSEL TO SERVE' ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING APRIL 171 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5' (A RESOLUTION APPOINTING BRADLEY CASSEL TO SERVE ON THE PENSION BD FOR A 2- YR' -TERM ENDING 4 -17- 2008)' (Mayor Feliu) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL MASTER SERVICES; RE- APPOINTING ENRIQUE ZAMORA, ESQ. CAROLYN Y. HOWARD, ESQ., AND MAURICE DONSKY, ESQ. AS SPECIAL MASTERS FOR THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO ACCOUNT #0`01- 0000 -341 -9040 ENTITLED "CODE ENFORCEMENT FINES REVENUE ACCOUNT "; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING ENRIQUE ZAMORA, CAROLYN HOWARD AND MAURICE DONSKY AS SPECIAL MASTERS FOR THE CITY AT A RATE OF` "$100 /HR; EXPENSES TO BE CHARGED TO THE CODE ENFORCEMENT FINES REVENUE ACCT W /CURRENT BAL$34,750) (City Manager) REGULAR CITY COMMISSION 2 AGENDA - ,April 18, 2006 7. A RESOLUTION OF THE CITY COMMISSION OF THE "CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $14,319.65 TO CONTRACT CONNECTION, INC. FOR THE INSTALLATION OF A PICNIC SHELTER AT BREWER PARK; TO BE CHARGED TO THE BREWER PARK LWCF GRANT MATCH ACCOUNT' NUMBER, 001.0000.219.3521 AND THE LAND AND WATER CONSERVATION FUND (LWCF) GRANT ACCOUNT NUMBER 001.0000.131.1461; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $14,319.65 TO CONTRACT CONNECTION FOR THE INSTALLATION OF A PICNIC SHELTER AT BREWER PARK; TO BE CHARGED TO THE BREWER PARK GRANT MATCH & THE LAND AND WATER CONSERVATION FUND GRANT ACCOUNTS W /CURRENT BAL $10,000.00 & $- 32,962.08 RESPECTIVELY) (City Manager) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $475,000 WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS; PROVIDING AN EFFECTIVE' DATE. 3/5 (A; RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $475,000 WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR WATER DISTRIBUTION SYSTEM 'IMPROVEMENTS) (City Manager) 9. A RESOLUTION OF THE MAYOR` AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING FLORIDA DEPARTMENT OF TRANSPORTATION'S' PROPOSAL TO TRANSFER OWNERSHIP OF SUNSET DRIVE FROM US -1 TO SW 69TH AVENUE (CITY LIMIT) TO THE CITY, IN LIEU OF THE CITY'S REQUEST VIA RESOLUTION No. 95- 05- 12074; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION ACCEPTING FLORIDA DEPT OF TRANSPORTATION'S PROPOSAL TO TRANSFER OWNERSHIP OF SUNSET DR FROM US -1 TO SW 69' AVE` (CITY" LIMIT) TO THE CITY, IN LIEU OF THE CITY'S REQUEST VIA RESOLUTION No. 95- 05- 12074) (City Manager) 10. A, RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LEON'S ENGINEERING CORP. FOR CITYWIDE WATERMAIN EXTENSION - AREA 2 CONSTRUCTION IN AN AMOUNT OF $238,411.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106- 1711 - 536 -6434 AND 106 -1712- 536 -6436 AND LOCAL OPTION GAS TAX TRUST FUND ACCOUNT NUMBER 112-1730 - 541- 3450;' PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A, RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LEON'S ENGINEERING FOR CITYWIDE WATERMAIN EXTENSION - AREA 2 CONSTRUCTION IN AN AMT OF $238,411.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT REGULAR CITY COMMISSION 3 AGENDA April 18, 2006 ..,,sue - ,���, n,..,..:. -.. ,. ,,.. ... , s��•- ,�-m-, ,.,: ,- �.- .^*..rs;^r.€ :``r..: � ,s:,: ��;,. ��.. , ��`� "€..�:�s.� r� �«'- a�x�.? v,."�: r�n.. - 1 DISTRICT GRANT ACCOUNTS AND LOCAL OPTION GAS TAX TRUST FUND ACCT W /CURRENT BAL$105,352; $169,217; & 70,000 RESPECTIVELY) (City Manager) 11 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING EMERGENCY DRAIN CLEANING SERVICE BY ENVIROWASTE SERVICE GROUP, INC. IN AN AMOUNT OF $7,263 TO BE CHARGED TO STORM WATER TRUST' FUND ACCOUNT NUMBER 111- 1730 - 541 - 4640; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING EMERGENCY DRAIN CLEANING SERVICE BY ENVIROWASTE' SERVICE GROUP IN AN AMOUNT OF $7,263' TO BE CHARGED TO' THE STORM WATER 'TRUST FUND ACCT W /CURRENT BAL$7,263) (City Manager) 12. _A RESOLUTION OF THE MAYOR' AND CITY COMMISSION OF THE CITY OF SOUTH` MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE EMERGENCY PURCHASE ORDER FOR TWO AIR CONDITION UNITS FOR THE COMMUNITY ACTION AGENCY - HEADSTART CENTER IN; AN AMOUNT OF $6,800 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001 -1710 -519- 3450; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION "AUTHORIZING THE CITY MANAGER TO EXECUTE EMERGENCY PURCHASE ORDER FOR TWO ;A /C UNITS FOR THE COMMUNITY ACTION AGENCY - HEADSTART CENTER IN AN AMT OF $6,800 TO BE CHARGED TO THE PW DEPT ACCT W /CURRENT BAL$23,960) (City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINDER OF MASTER' LANDLORD AGREEMENT FOR SUBLEASE BY MARK RICHMOND PROPERTIES, INC. (MRP),' WITH OUTBACK /SOUTH FLORIDA -II, L.P.; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGED TO EXECUTE A JOINDER OF MASTER LANDLORD AGREEMENT FOR 'SUBLEASE BY MARK 'RICHMOND PROPERTIES (MRP) , WITH OUTBACK /SOUTH FLORIDA) (City Manager)' 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,', RELATING TO CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINDER OF MASTER LANDLORD AGREEMENT FOR SUBLEASE BY MARK RICHMOND PROPERTIES, INC. (MRP), WITH CARRABBA'S /TROPICAL COAST, L.P.; PROVIDING AN :EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINDER OF MASTER LANDLORD AGREEMENT FOR SUBLEASE BY MARK RICHMOND PROPERTIES (MRP) , WITH CARRABBA'S /TROPICAL COAST) (City Manager!) REGULAR CITY COMMISSION 4 AGENDA - April 18, 2006 ORDINANCE (S) THIRD READING PUBLIC HEARING (S) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 226.11(F) OF THE CODE OF ORDINANCES IN ORDER TO PROVIDE THAT THE TERM OF OPERATION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE SHALL BE EXTENDED AND SETTING FORTH A TERM OF OFFICE FOR COMMITTEE MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Commissioner Palmer) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 16. AN ORDINANCE OF THE MAYOR' AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6133 SW 63rd. TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES _IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE 3/5 (City Manager) 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL °ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING `A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6500 SW 60th AVENUE` AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP' -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY BUILDING) LOCATED AT 5837 SUNSET DRIVE AS AN HISTORIC- SITE AND BY PLACEMENT OF AN REGULAR CITY COMMISSION CJ AGENDA April 18, 2006 HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) (NONE) RESOLUTION (S) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO THE DONATION OF THE HOLSUM BAKERY ICON SCULPTURE AND PLACEMENT IN JEAN WILLIS PARK: PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE DONATION OF THE HOLSUM BAKERY ICON SCULPTURE AND PLACEMENT IN JEAN WILLIS PARK) (Deferred 4104106) (City Manager) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN 'PURCHASE ORDERS TO VENDORS WITH WHOM EXPENDITURES WILL 'EXCEED THE $5,000 LIMIT FOR THE CURRENT FISCAL YEAR AS OUTLINED IN THE CITY CHARTER CHARGING THE DISBURSEMENTS TO THE CORRESPONDING DEPARTMENT ACCOUNTS AS APPROVED IN THE 2005/2006 ADOPTED BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION 'AUTHORISING +THE CITY MANAGER' TO ISSUE OPEN PURCHASE ORDERS TO VENDORS WITH WHOM EXPENDITURES WILL EXCEED THE ,$5,000 LIMIT FOR THE CURRENT FISCAL YEAR; CHARGING THE DISBURSEMENTS TO THE CORRESPONDING DEPT ACCOUNTS) (City Manager) ORDINANCE (8) FIRST READING 'PUBLIC' HEARING (S) (NONE) ORDINANCE (S) FIRST READING 21. AN ORDINANCE OF THE 'MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FINANCE AGREEMENT WITH SUNTRUST BANK, WHICH THE CITY OF SOUTH MIAMI SHALL CO -SIGN FOR THE I!; CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY'S i REGULAR CITY COMMISSION 6 AGENDA - April 18, 2006 ( SMCRA) ; PROVIDING A 15 -YEAR LOAN FOR $1,465,000 WHICH FUNDING SHALL FINANCE THE PURCHASE OF FIVE PARCELS WITHIN THE SMCRA MADISON SQUARE ECONOMIC DEVELOPMENT PROJECT PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE 4/5 (City Manager) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY '' COMMISSION ` MEETINGS SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER' AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE. COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY .ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION. WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE;, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR 'OTHERWISE INADMISSIBLE OR IRRELEVANT, EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE' ALLOWED BYLAW. I REGULAR CITY COMMISSION AGENDA - April 18, 2006 '`5- iiSF°'�,:c`s': TV" .'�^,S+'-- „uki^°"a.5. ."'.„•"� _tom'. 1.-�„ „Y�..'fii.,�. T."�`+"i }'t�'�„� -{�+,''n/�TwEf' z`�'�v i.�'�; .�i.�`mm�' -s-- 'r-�xh%^�'�ai”' nom, �."%�"E`t*�}°A'f?Y'€kh EI'rif°FS•z I City of South Miami 2 Regular City Commission Minutes DRAFT 3 March 7, 2006 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, March 7, 2006, beginning at 7 :08 9 p.'m. , in the City Commission Chambers, 6130 Sunset Drive. 10 11 A. Roll Call: 12 The following members of the City_ Commission were present 13 Vice Mayor Randy G. Wiscombe, and Commissioners Velma Palmer, 14 Marie Birts and Jay Beckman. Mayor Feliu arriving a few minutes 15 after 7:30 p.m. 16 17 Also in attendance were: City Attorney Luis Figueredo, City 18' Clerk Maria M. Menendez and Acting City Manager Yvonne Soler- 19 McKinley. 20 21 B. Invocation: The invocation was delivered by Vice Mayor 22 Wiscombe 23 24 C. Pledge of Allegiance: 25 The Pledge of Allegiance was recited in unison. 26 27 D. Presentations (s) 28 29 The City Commission presented certificates of achievement to 30 the South Miami Community Middle Basketball Team _winning the 31 County's championship. 32 33 Police Officers of the Month for December 2005' and January 34 2006. 35 36 Mayor Mills recognized Xavier Rubio as Officer of the Month 37 for December 2005 ;` and Jesus Aguiar for the month of January 38 2006. 39 40 Vice Mayor Wiscombe also congratulated the Officers for all 41 the good things they do for the community. 42 43 j 44 45 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 46 47 REGULAR CITY COMMISSION 1 MINUTES March 7, 2006 l 1. Approval of Minutes January 11,'2006 2 `3 Moved by Vice Mayor Wiscombe seconded by Commissioner 4 Palmer, the motion to approve the minutes of January 11, 2006 5 passed by a 4 -0 vote: 6 7 Commissioner Palmer: Yea g Commissioner Birts: Yea' 9 Commissioner Beckman Yea 10 Vice Mayor Wiscombe: Yea 11 Mayor Feliu: Absent 12 13 2. City Manager's Report: 14 a) National League of Cities membership 15 16 Ms. McKinley explained that she has reviewed the benefits 17 from the various memberships of the three League categories to 18 which we are subscribed': National, Florida and Miami -Dade. She 19 said that she also consulted with our lobbyist, Mr. Fausto Gomez 20 and discussed with him the benefits the City receives from the 21 National League of Cities (NLC). She said that she could not find 22 a justification for continuing being a member of the NLC because 23 what we are paying ($1,324) is for a couple of magazines a year. 24 25 Commissioner Palmer asked as to how would dropping the NLC 26 membership impact our City. 27 28 Ms. McKinley said that according to Mr. Gomez there is 29` neither positive nor negative impact to the City by this action`. 30 In the case of the Florida and Dade League of Cities, there is a 31 direct benefit to the City of South Miami. 32 33 Commissioner Birts and Vice Mayor -Wi` combe said that they 34 would like to drop the membership 35 36 With no comments or discussion, the City Manager's Report 37 concluded. 38 39 -3. City Attorney's Report: 40 41 Mr. Figueredo then recommended that both items no 7 42 relating to the term of the Affordable Housing Committee; and no. 43 11 relating to landscaping requirements be pulled from the 44 agenda. Since the Affordable Housing Committee was formed by 45 ordinance, the extension should also be done by ordinance in 46 order to be consistent with the Charter. He then referred to item 47 no. 11, which he referred to as the, "tree ordinance." He said 48 that there are two different ordinances on the same subject, one 49 prepared by staff and the other prepared by the City Attorney's 50 office under the direction of the Vice Mayor. He explained that REGULAR CITY COMMISSION 2 MINUTES - March 7, 2006 1 the item should be pulled so that the two versions could be 2 reconciled and _'then will be brought forward before the 'City 3 Commission. He then asked the Commission to entertain a motion to 4 remove both items 7`and 11 from the agenda. 5 6 Commissioner Palmer said that her - intentions were to make 7 some adjustment to item no. 7 because she had no intention for it 8 to_- end 'in June and that she would like to move the date. 9 10 Mr. Figueredo then suggested to Commissioner Palmer to 11 advise` him what she would hike so that he could put it in the 12 ordinance in the proper ,form. 13 14 Commissioner Beckman referred to: SW 62nd Avenue Corridor. 15 He said that some residents have expressed concern about traffic 16 infiltration into their neighborhoods. He said that these are 17 unfounded concerns and that some investigation needs to be done 18 so that they can put the issue to rest. He said that he would 19 like to see this project going. He said to the City Manager that 20 he would like to have her report back by next Commission meeting 21 what has been done. Sidewalks: Ludlam Road. Wants to know why the 22 County has quit constructing the sidewalk south of Ludlam 23 Elementary; he wants to know why they stopped and when they will 24 be starting again and finish the job. Sidewalk along Miller Road. 25 Wants to know why the sidewalk system does not connect to Ludlam 26` Road and wants to ask the County when they can get that done. 27 Sidewalk maintenance. Says that he gets a lot of complaints about 28 vegetation overgrowing on 'sidewalks to the point where people 29 cannot properly use them; he wants to have Code Enforcement to 30 start looking at that and also start passing out friendly 31 notices. But we need to clear the sidewalks, he said. Employee 32 Manual. Wants to start looking at the employee manual by bringing 33 it up to date. He also wants to Took into the possibility to 34 change the general employee retirement fund to a self - directed 35 type of fund. He also said that he wants to look, at alternatives 36 in order to control health insurance costs. Property Taxes. He 37 said that during his campaign a lot of people asked him about 38 property taxes. Since property values have gone up so much, a lot 39 of people are unable to move to another house because the taxes 40 will be, so much higher. He .reported that the State is presently 41 considering a bill that will allow homeowners to take the 42 property assessment with them one time as they move to a property 43 of equal or lesser value. 44 45- Ms. McKinley said that one of the items that she discussed 46 with our lobbyist before he went to Tallahassee was precisely 47 that of the property taxes and that this would be pant of the 48 legislative package and that he would advise us if the Commission 49 needed to bring forward a resolution to support this effort. 50 REGULAR CITY COMMISSION 3 MINUTES - March 7, 2006 ILLIM 1 Commissioner- Beckman then referred to the budget report 2 saying that he would need a report that shows him 'last year's 3 budget,' and then the increases that are proposed for the coming 4 year, so that he could consider each individual increase. 5 6 Commissioner Palmer said to the City Manager to add to her 7 list that there is a potential danger that is waiting to happen. 8' She said that almost every night she passes by Larkins Hospital 9 and there is some type of broken ;pipe that is flooding the 10 sidewalk. She also reported that there' is a high stump at a 11 corner not far from there; also, she mentioned that there is a 12 tree around the back of this building which needs to be looked at 13 because the branches are too low and somebody is going' to be 14 hurt. 15 16 PUBLIC REMARKS 17 18 David Tucker Sr. referred to the item on the agenda relating 19 to the purchase of security cameras. He talked about the 20 Community Center and all the benefits provided to the residents. 21 22 Fred'Truby; referred to the air conditioning on top of the 23 roof of the Sunset' Professional Building. He said that the noise 24 caused by the air conditioning is disturbing the neighborhood 25 almost 24 hours a day. He said that Code Enforcement declared it 26 a nuisance back in the 'summer and nothing has been done about; it 27 yet. Vice Mayor Wiscomb'e then directed the City Manager to look 28 into what Code Enforcement has done about the problem. 29 30 Craig Sherar' referred to the US Constitution saying that its 31 power depends on the people. He addressed the Commission in 32 response to the request of the Mayor to speak only about the 33 items on the agenda. He also said that God should not be allowed 34 in the meetings. 35' 36 Cathy. McCann referred to the item on the agenda relating to 37 the forensic audit She also said that the hurricane fund does 38 not appear in the budget She then urged the Commission to 39 continue with the NLC membership; we pay far more to our lobbyist 40 she added._. 41 42 Valerie Newman said that she had a great concern about the 43 forced resignation of the Chief of Police. 44 45 Ken Hurley urged the Commission to keep the Chief of Police. 46 47 Anita Jenkins also referred to the issue of the Chief of 48 Police. 49 REGULAR CITY COMMISSION 4 MINUTES`- March 7, 2006 ,.,. ..�,__•- «^,et �Z.: ;Y: ? ��r v ..+C" .er; :'f .,»,�,- W?'-�-z2•+�".�.Fw,. '#�s�^z -+'�.`Y; r, �- .. - -�-nr -- c - , wT ..,'_°':»s�.„�, ���!2: rs-r �ff�'+e�-'r„ r:ra. r •'fig 1 Yvonne Beckman referred to a previous meeting_ where former 2 Commissioner Sherar made a motion not to allow her to continue to 3 address the Commission. She also ,spoke about the Chief of Police. 4 5 Beth Schwartz spoke in support of the Chief of Police. 6 7 Eda Harris spoke about the Chief of Police. 8 9 Chris Cooke- Yarborough ,referred to the resignation of the 10 former City Manager. He also spoke about the Chief of Police. 11 12 Doris Hall referred to 62nd Avenue saying that one of the 13 tools that may assist the Commission on the determination that 14 needs to be made is a neighborhood impact statement. She also 15 said that the CDBG is available to the City to help with various 16 projects, and she urged to call the OCED office. 17 18 Dick Ward spoke endorsing the Police Department. He said 19 that he was not endorsing the Chief, just the Department. He 20 recalled one occasion where there was an emergency near his house 21 and the SMPD took three minutes to get there. 22 23 Gary Gilbert said that the Metro Police has a very slow 24 response in comparison with that of our SMPD. 25 26 With no further speakers the public remarks °session was 27 closed. 28 2,9 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the 30 motion to pull items no 7 and 11 from the agenda passed by a,5-0 31 vote: 32 Commissioner Palmer: Yea 33 Commissioner Birts: Yea 34 Commissioner Beckman: Yea 35 Vice Mayor Wiscombe Yea 36- Mayor Feliu: Yea 37 38 At this time the following items were pulled from the 39 Consent Agenda:' item no. 4 by Commissioner Palmer; items no. 5 40 and 6 by Commissioner Beckman. 41 42 At this time the Mayor called for a- 5- minute break. 43 44 CONSENT 45 (NONE) 46 47 48 49 REGULAR CITY COMMISSION rJ MINUTES March 7, 2006 2^' `3'„ „FAA „t A.t+,.,r rZ"f��".'.n ,.., ij'4;?@?z`S TIi'°?+:'t�,a 4: ,;'^.T°"il ;;€`�'. .� .t:'�°,"'.'FS+�. ,,, :� � – "' —`_"T .., ,. .1i. .� f, dC.., �a- �^z-R'e. � ?t',�.r�F+.. ,. ;.H,^":'.a Fa-4 �: °.mei P'x�?'3:: +£ 'tc+�., a'ha�s" ✓. Y. ,.�`:,. ; _1 2 RESOLUTION (S) 3 4 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE 'CITY 5 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF 6 SECURITY CAMERAS AND RECORDING EQUIPMENT FROM ALFI 7 ELECTRONICS, INC. IN AN AMOUNT NOT TO EXCEED $11,000.00 8 USING FUNDS FROM THE COMMUNITY CENTER MAINTENANCE & 9 REPAIR 'ACCOUNT 'NUMBER 001- 2020 -519 -4670 AS PROVIDED IN 10 THE FY 2005 -2006 BUDGET; PROVIDING FOR AN EFFECTIVE 11 DATE. 3/5 12 (City ;Manager) 13 14 Moved by Commissioner Palmer, seconded by Vice Mayor 15 Wiscombe to approve this item. 16 17_ Mr'. Ricke presented the item. 18 19 Mayor Feliu asked for information on the projected location 20 of the cameras. Mr. Rieke said that there will be eight cameras 21 on the interior and three on the exterior of the building. They 22 will be installed in entryways and hallways they will allow us 23 to feed video even here to the Police Department so that they may 24 be monitored after hours and therefore provide an extra 'meas'ure 25 of security, 26 27 Commissioner Palmer said that she realizes that we do have a 28 good asset there. However, there is another side to it, and that 29 is the people. She said that she does not agree for us to 'monitor 30 people all the time; she thinks that we can install gates for 31 extra protection; but having cameras will intimidate people, She 32 said that cameras will do great' injustice to what the Center was 33 intended to do. She believes that this money could be, put to 34 better use. 35 36 Commissioner Birts said that she feels the same way. She 37 would not want to be monitored while she is 'exercising. What we 38 might need is to increase personnel there, she added. 39 40 Mayor Feliu agreed, - saying that we may need to increase 41 personnel there. 42 43 Vice 'Mayor Wiscombe said that as a school administrator he 44 believes that the safety of the children should come first, and 45 there should be some cameras going so that staff may monitor who i 46 is o n the property and what they are doing. Another concern that 47 he has is the coming and going from the locker rooms. He said 48 that he would support this item for the sake of the children. 49 REGULAR .CITY COMMISSION 6 MINUTES - march 7, 2006 ., w . , .. ,.� . ; ^.,^T%Y"^rs.:;aa'+'- m- .,—r.. „• ..sm -,zn F .. �?-F, —, viz ..�"`°`- �+;es,rci'+'R'zmm- f.'.6i^ �.] t_%�F'� rh`.�wA, , r' ��TS"v -�.e" �,. � M. J'.. "'?,�"�'.32 +�. 2. v �-,:. �F�v � 'mw�^m-R^ei ^:F'3��?i' s ... �`4=� �" .; �` E*�""°.F„�S+''m?€' i; x ""t', f, "" 1 At this juncture Mr. Ricke proposed to come back with this 2 item providing a diagram with the layout where the cameras would 3 go. 4 5 Commissioner Beckman asked whether this money could be used b for something else in the event that they decide not to go ahead 7 with the purchase of the cameras. He also asked whether there 8 have been incidents of vandalism. Mr. Ricke said that they have 9 had property missing, and during some of the sweeps they had some 10 of the bad guys running into the facility. 11 12_ Moved by Vice Mayor Wiscombe, seconded- by Mayor Feliu, with 13 no further' comments or discussion, the motion to defer this item 14 passed; by a 4 -1 vote: 15 16 Commissioner Palmer: Nay 17 Commissioner Birts; Yea 18- Commissioner Beckman: Yea 19 Vice Mayor Wiscombe; Yea 20 Mayor Feliu: Yea 21 22 23 23 -06- 12164 24 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY' 25 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 26 PURCHASE ONE 2`006 FORD CREW CAB TRUCK AND ONE 2006 24- 27 PASSENGER CHAMPION BUS AT A TOTAL COST OF $113,260.57 28 WITH THE FIRST OF FIVE YEAR' S:` INSTALLMENT PAYMENTS NOT 29 TO EXCEED $22,652.11 TO BE CHARGED TO THE PARKS AND 30 RECREATION DEPARTMENT'S- LEASE PURCHASE - TRUCKS ACCOUNT 31 NUMBER 001;2000.572.4455 AS PROVIDED IN THE FY 2005 -2006 32 BUDGET; PROVIDING AN EFFECTIVE DATE. 3/5 33 (City Manager) 34 -35 Moved by Mayor Feliu, seconded by Vice Mayor 'Wiscombe to 36 approve this item. 37 38 Mr. Ricke` presented this item. 39 40 Commissioner Beckman inquired whether the bus has air 41 conditioning. He then urged staff to make sure' that the bus is 42 kept clean so that when the senior citizens need to use it they 43 will have a clean bus. 44 45 Mayor' Feliu also said that this has been a concern_ by many 46 that the bus is usually not so clean after it has been used to 47 transport children. He said that he has asked Commissioner 48 Gimenez to help us with another bus which perhaps can be used for 49 the kids, leaving this new bus strictly for the seniors. 50 REGULAR CITY COMMISSION MINUTES - March 7, 2006' 1 Mr. Ricke, in response to Commissioner Beckman's question, 2 explained that they have researched the cost of renting versus 3 buying and the rental cost averages between $7,500 and $8,000.' 4 per year. 5 6 With no further comments or discussion, the motion to 7 approve this item passed by a 5 -0 vote: 8 -9 Commissioner Palmer: Yea 10 Commissioner Birts:_ Yea 11 Commissioner Beckman: Yea 12 Vice Mayor Wiscombe: Yea 13 Mayor Feliu Yea 14 15 24 -06 -12165 16 6. A`RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 'CITY 17 OF SOUTH MIAMI; FLORIDA, AUTHORIZING THE CITY MANAGER TO 18 EXECUTE AMENDMENT NUMBER 01 TO GRANT AGREEMENT WITH 19 SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR WATER` 20 DISTRIBUTION SYSTEM IMPROVEMENTS; PROVIDING AN EFFECTIVE' 21 DATE. 3/5 22 (City Manager) 23 24 Moved by Vice Mayor Wiscombe, seconded by Commissioners 25 Palmer and Birts to approve this item. 26 27 Mr. Balogun presented this item. 28 29 Commissioner Beckman said that even if they need to pursue 30 any other programs available to try to get the money necessary to 31 finish the project, he wants to start right now with the upgrades 32 so that the project can get going and done. He said that the goal 33 of the Commission is to see" upgrades throughout the entire City. 34 He also said that they would like a periodic report from Mr. 35 Balogun as to how he is proceeding towards that final goal. 36 37 'With no further comments or discussion, the motion to 38 approve this item passed by a 5 -0 vote: 39 40 Commissioner Palmer: Yea 41 Commissioner Birts: Yea 42 Commissioner Beckman: Yea 43 Vice Mayor Wiscombe: yea 44 - Mayor Feliu: Yea 45 46- 47 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 48 OF SOUTH MIAMI, FLORIDA ALLOWING THE TERM OF OPERATION 49 OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE TO HE REGULAR CITY COMMISSION 8 MINUTES March 7, 2006 .''^,.. �,- ... —.— c� ,. °: :. ,,.,�sc •,r•, hv°t�',x.l^�.. ,e� , ..� --,��; _ - s- - ,-�,�. ;.. ^;�;- - �°°[c„ ,.,r- - r:..-z'"r:, .c4.+�°a,� >-,?;,�.y -s i-„-� ;cr 1 EXTENDED UNTIL JUNE '30, 2006; PROVIDING FOR AN EFFECTIVE 2 DATE 3/5 3 (City 'Manager) 4 5 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the 6 motion to pull this item from the agenda passed by a 5 -0 vote: 7 8 Commissioner Palmer: Yea g Commissioner Birts: Yea 10 Commissioner Beckman: Yea 11 Vice Mayor Wiscombe: Yea 12 Mayor Feliu: Yea 13 14 is ORDINANCE (S) SECOND READING PUBLIC NEARING (S) 16 17 09 -06 -1877 A 8. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,. 19 AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH 20 MIAMI, FLORIDA TO ADD SECTION 20.3.6' (S) ENTITLED 21 GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT 22 GENERATORS IN RESIDENTIAL ZONE DISTRICTS; PROVIDING FOR 23 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN 24 EFFECTIVE DATE: 315 25 (City Manager) 26 27 Moved by Mayor Feliu, seconded by Commissioner Palmer to 28 approve this item. 29 30 Mr. O'Donniley presented this item. He said that one of the 31 things they found regarding testing the generators is that some 32 have a different schedule for testing rather than monthly, and he 33 recommended considering amending it by substituting "monthly" 34 with "as recommended by the manufacturer." 35 36 Mr. O'Donniley then, to reply to Commissioner Palmer's 37 inquiry, made reference to the ordinance which provides that the 38 use of permanent generators shall be permitted only during 39 special circumstances as indicated therein.' 40 41 At this time the ,public hearing was opened. 42 43 Cathy McCann referred to the language relating to setbacks 44 under (D) Criteria, (2) and (4) (b) requesting that the language be 45 , made more clear. She then urged the Commission to make the sound 46 level as stringent as possible. i 47 48 Mr. O'Donniley at this point clarified that this ordinance J REGULAR CITY COMMISSION 9 MINUTES March 7, 2006 a�,,�, -�s�=� .� -��sr • ��..�- ..���- �.���,. ., .rte, � . ��- �-�� , s ��,_�� -.�- �-� �. �;����,n•., .�a ,,,H ,.,�� � �:.� . w. 1 only addresses, permanent generators. It does not cover the 2 portable 'generators. 3 4 Yvonne Beckman referred to a comment made at a previous 5 meeting by . °a lady who suggested that generators should be turned 6 off between 11:00 p.m. to 7:00 a.m. because they are very noisy. 7' 8 Craig; Sherar said that he disagrees with the notion of 9 having to turn off the generators during the night. 10 11 Frank Cuzzocrea Jr. said that he has a concern with page two 12 of the ordinance about the requirement for multi- family units 13 such as townhouse to obtain a special use permit for the 14 generators. He then urged the Commission to apply such 15 requirement to large buildings such as Valencia, but not duplex 16 or townhouse. 17 18 Sharon McCain said that portable generators are a problem 19 and that they should be included. 20 21 David Tucker Sr. said that noise seems to be the main issue 22 relating to generators. He said that besides seeking information 23 from the manufacturers, useful feedback could also be obtained 24 from users. 25 26 With no further speakers, the public hearing was closed. 27 28: Moved by Commissioner Beckman, to amend section (D)(4)(b) to 29 read: Generator's exhaust shall be placed five feet from any 30 window, door, or opening into the dwelling, and a minimum of 15 31 feet from adjacent windows, doors, or openings. Seconded by Vice 32 Mayor Wiscombe, the motion to approve this amendment passed by a 33 5 -0 vote: 34 35 Commissioner Palmer: Yea 36 Commissioner Birts: Yea; 37 Commissioner Beckman: Yea 38 Vice Mayor Wiscombe: Yea 39 Mayor Feliu Yea 40 41 Moved by Commissioner Beckman,, to amend section (E_)(2) to 42 read: M^y Testing. a) Per specifications provided by the 43 manufacturer for the unit to be installed. Seconded by 44 Commissioner Birts, the motion to approve this amendment passed 45 by a 5 -.0 vote 46 47 Commissioner Palmer: Yea 48 Commissioner Birts Yea 49 Commissioner Beckman Yea 50 Vice Mayor Wiscombe: Yea i i REGULAR CITY COMMISSION 10 MINUTES March 7, 2006 1 Mayor Feliu Yea' 2 With no further comments_ or 'discussion) the motion to 3- approve this item as amended passed by a 5 -0 vote: 4 5 Commissioner Palmer: Yea 6 Commissioner Birts: Yea 7 Commissioner Beckman: Yea 8 Vice Mayor Wiscombe: Yea g Mayor Feliu: Yea 1-0 11 12 13 RESOLUTION (S) /PUBLIC HEARING (S) 14 15 25 -06- 12166 16 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 17 CITY OF SOUTH MIAMI;, RELATING TO A REQUEST `PURSUANT TO 18 SECTION 20 -3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR 19 SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE CALLED 20 CHEESEBURGER IN PARADISE IN THE "SR (HD)" SPECIALTY 21 RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT 22 SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT 23 SUNSET PLACE); PROVIDING AN EFFECTIVE DATE. 4/5 24 (City Manager) 25 26 Moved by Mayor Feliu, seconded by Vine Mayor Wiscombe to 27 approve this item. 28 29 Mr. O'Donniley, presented the item. 30 31 Commissioner Beckman asked for clarification as to what the 32, Commission was supposed to look at regarding this request "since 33 the restaurant will be inside the Mall, and if the Mall has its 34 own manager', he would assume that the manager would manage his 35 own Mall. Mr. O'Donniley said that basically. the Commission would 36 look at the context of how it fits into the overall scheme of the 37 Mall, and that is why the Commission is, provided ' with the general 38 floor` plan. 39 40 Commissioner Palmer asked as to how this business will 41 impact our taxes. Mr. OfDonniley said that the impact should be a 42 positive one. 43 44 Mayor Feliu said that the Mall has a good manager on board 45 whom he had the pleasure to meet He said that Mr. Hinkle is 46' promoting the Shops and that is good news: 47 48 Speakers were sworn in and the public hearing was opened. i 4,9 REGULAR CITY COMMISSION 1] MINUTES - March 7, 2006, 1 Commissioner Beckman asked Mr. Hinkle whether there is going 2 to be an entrance to this restaurant on Red Road. 3 4 Mr. 0' Donniley said that at some point in the future staff 5 intends to work something out with the Shops to have an entrance 6 on that side. 7 8 In response to another question by Commissioner Beckman, Mr. 9 Hinkle said that they currently have five more restaurants at the 10 Shops and that they have a ,good garbage disposal plan in place 11 and that this new restaurant will definitely become part of that. 12 13 Mr. O'Donniley reminded the Commission that the ERPB also 14 reviews' all details such as those relating to the kitchen 15 facility before final approval which will follow the Commission's 16 approval. 1Z 18 Mayor'Feliu said that he welcomes this restaurant which is a 19- positive thing for our City to have a specialty place like this 20 one. 21 22 Commissioner Palmer said that the Mall is such a big 23 investment that it is about time that we see some returns. 24 25 Vice Mayor Wiscombe said to Mr. Hinkle that one of the 26' important things to keep in mind is that no deliveries are to be 27 made on Red Road, unless the Shops has an access where the trucks 28 can pull in`. 29 30 With no further comments or discussion, the motion to 31 approve this item passed by a 5 -0 vote: 32 33 Commissioner Palmer: Yea 34 Commissioner Birts: Yea 35 Commissioner Beckman: Yea 36 Vice Mayor Wiscombe: Yea 37 Mayor Feliu: Yea 38 39 RESOLUTION (S) 40 (Cont'd) 41 42 26 -06- 12167 43 10. A RESOLUTION OF THE MAYOR AND -CITY COMMISSION OF THE 44 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HIRING, A 45 FORENSIC AUDITOR; AUTHORIZING THE ISSUANCE OF AN RFQ- 46 FOR PROFESSIONAL FORENSIC AUDITING SERVICES; AND 47 PROVIDING AN EFFECTIVE DATE. 3/5 48 (Vice Mayor Wiscombe) 49 REGULAR CITY COMMISSION 12 MINUTES March 7, 2006 TIF- 1 Moved by Mayor Feliu,- seconded by Vice Mayor Wiscombe to 2 approve this item. 3 4 Vine Mayor Wiscombe said that one of the reasons why he is 5 bringing this forward is that he thinks is time that they do it. 6 He said that he also asked for a forensic audit a few; years back 7 and it did not happen. He said he believes that they need to make 8 sure that everything is' up and running and going in the right 9 direction. 10 11 Commissioner Palmer said that her only concern is that they 12 get the best in the field. Not a friend of a friend. 13 14 Ms. McKinley said that there are not too many firms that 15 specialize in this type of audit, so there are not too many 16 people that provide this service 17 18 Vice Mayor Wiscombe said that he expects that this 19 Commission will be the one that will make the decision on who 20 they will choose, and deal with it from there. He said that they 21 will 'take it out of the Manager's hands, the finance's hands, and 22 put it where it really belongs. 23 24 Mayor Feliu said to make sure that this Commission reviews 25 the advertisement before it goes out to make sure that it has the 26 proper qualifications, and the language that they want to see on 27 that ,ad. 28 29 Commissioner Palmer said that she needs some background, and 30 she does not want to get it the "night before. She needs to learn 31 about the expertise of the applicants before making a decision. 32 33 Commissioner Beckman asked as to why we need' this audit and 34 where the money is going to come from, since it is not budgeted. 35 36 Vice Mayor Wiscombe said that they have a responsibility to 37 do this every so often. This guarantees" that there are no 38 problems. With regards to the expense, he said that we went 39 through a very difficult time with the budget a few years back, 40 with all kinds of allegations that money had been shifted around 41 and it is time that we put it to rest. 42 43 Ms. McKinley, about the source of the money, said that we 44 have a general contingency fund with a balance of approximately 45 $73,000. 46 47 Commissioner Beckman also asked if anybody new what other 48 cities do regarding forensic audit such as how often they do it. 49 Ms. McKinley said that she would need to survey other cities to 50 get that information. Mayor Feliu said that he believes that 51 Coral Gables had one done when Mr. 'Brown was appointed manager a 1 REGULAR CITY COMMISSION 13 MINUTES - March 7, 2006 1 few years ago. 2 3 Mayor Feliu said that finance reports should be published on 4 the City's website so that all our finances are in the open. 5 6 Ms. McKinley said that she has placed two of our budget 7 books in the library for all interested persons to look through 8 it as they wish. 9 10 Vice Mayor Wiscombe asked whether the budget has been posted 11 on the website. 12 13 Ms. McKinley said that we are in the process of getting 14 someone to work on our website. She then said that staff will 15 prepare the RFQ which will be given to the Commission for their 16 review before publishing. 17 18 Commissioner Birts asked whether they are asking for a two 19 year audit. Vice Mayor Wiscombe explained that it has not been 20 determined yet; however, a consistency would show- within two 21 years, as opposed to a one year review. 22 23 Mayor -Feliu said that this resolution is just to direct the 24 Manager to begin the process of inquiring. 25 26 Commissioner Birts asked the attorney ,whether, this could 27 affect the City in a negative way. 28 29 Mr. Figueredo said that if discrepancies are found, they 30 would be opening up issues that would need to be resolved. He 31 said that what "a forensic'' audit will discover is anybody's guess 32 It could be that there are no discrepancies but that there may be 33 better: ways of handling the City's accounting; a forensic auditor 34 would look at how the City has been audited; he would look at the 35 policies and procedures the City has in place, and advise the 36 City of better ways to deal with finances. 37 38 Mr. Figueredo then recommended an amendment on the 39 resolution, Section 2, line 32, to strike two -yea-r and insert 40 designated.' This motion was made by Vice Mayor Wiscombe. Seconded 41 by Commissioner Palmer, the motion to amend passed by a 5 -,0 vote: 42 43 Commissioner Palmer: Yea 44 Commissioner Birts: Yea 45 Commissioner Beckman: Yea 46 Vice Mayor Wiscombe: Yea 47 Mayor Feliu Yea 48 49 Commissioner Beckman "then asked whether the language in 50 Section 2 commits- them to do anything, other than collecting 51 information so that they can decide what to do next. REGULAR CITY COMMISSION ] 4 MINUTES - March 7, 2006 zr,, . 5 � 7 , ",7, '- ;g T-M � 2 Commissioner Beckman moved to substitute the word shall with 3 the word may in line 31 of Section 2 of the resolution, as per 4 Mr. Figueredo's recommendation. 5 6 Mr. Figueredo explained, however, that as long as there is .7 no contractual obligation with an auditor no one is going to 8 require them to do it. They are just requiring themselves to do 9 it. So there is no legal obligation; they are just imposing an 10 obligation on themselves. By putting the word may as opposed to 11 shall, they would just be reserving judgment in the event that 12 they decide not to do it. 13 14 Vice Mayor Wiscombe said that he has a problem with that 15 amendment because he really thinks that they need to do it and 16 would not want to leave any loopholes in there. 17 18 At this time Commissioner Beckman withdrew his motion to 19 substitute the word shall with the word may. 20 21 With no further comments or discussion, the motion to 22 approve this item as amended passed by a 5-0 vote: 23 24 Commissioner Palmer: "Yea 25 Commissioner Birts: Yea 26 Commissioner Beckman: Yea 27 Vice Mayor Wiscombe: Yea 28 Mayor Felliu: Yea 29 30 ORDINANCE (8) FIRST READING PUBLIC HEARING (8) 31 (NONE) 32 33 ORDINANCE (8) FIRST READING 34 35 11. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA 36 AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH 37 MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H);, (I) , (J) , 38 (K) , (L) , (M) and: (N) FROM ARTICLE IV, SECTION 20-4.5 39- ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE 40 FOR A NEW SECTION 20-4.11 TO BE ENTITLED TREE 41 PROTECTION; CONTAINING INTENT, DEFINITIONS AND 42 APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT 43 APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA 44 FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND 45 PROTECTION, APPEALS ENFORCEMENT, PENALTIES AND 46 REMEDIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN 47 CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 15 MINUTES - `March 7, 2006 A 1 (City" Manager) 2 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the 3 motion to pull this item from the agenda passed by a 5 -0 vote: 4- 5 Commissioner Palmer: Yea 6 Commissioner Birts: Yea 7 Commissioner Beckman: Yea g Vice Mayor Wiscombe: Yea g Mayor Feliu: Yea 10 11 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 12 CITY OF SOUTH MIAMI AMENDING THE LAND DEVELOPMENT CODE; 13 OF THE CITY OF SOUTH MIAMI BY ADDING A NEW SECTION 20 14 4.1(F) ENTITLED "AFFORDABLE HOUSING CONCURRENCY" IN 15 ORDER TO RESERVE THE EXCESS RECREATION/ PUBLIC PARK LAND 16 ACREAGE ABOVE THE ADOPTED LEVEL OF SERVICE TO BE USED 17 EXCLUSIVELY< TO MEET CONCURRENCY FOR AFFORDABLE HOUSING 18 PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 19 ORDINANCES IN CONFLICT; AND PROVIDING AN A EFFECTIVE 20 DATE. 3/5 21 (City Manager) 22_ 23 Moved by Commissioner Palmer, seconded by Vice Mayor 24 Wiscombe to approve this item. 25 26 Mr. O'Donniley presented this item. He said that the concept 27 addressed in this ordinance, as far as he knows, is the first in 28 the country, and it is ,a revolutionary attempt to try to support 29' affordable housing.` 30 31 Mayor- Feliu asked what price range is considered for 32 affordable housing. Mr. O'Donniley said that they have used the 33` Miami -Dade standard and it is provided in the ordinance. He said 34 that one of the unique things they did is to providelan automatic 35 adjuster ,so that at any point when Miami -Dade announces a new 36 number, it automatically moves up or down as appropriate. Staff 37 will be able to track whatever the county certifies as affordable 38 housing. 39 40 Commissioner Palmer said that if there is anyone who 41 supports affordable housing that would be her. However, she said 42 that this ordinance is too vague and general and it does not 43 specify how this concurrency is going to work. 44 45 Mr. O'Donniley said that the level of service is established 46 in the Comprehensive Plan. He said that what this says is that if 47 a project comes forward, they can petition the Commission saying 48 that they wish to build certain project and ask whether we have 49 any excess, acreage available. If we do it would be banked for 50 that purpose, and they can apply to use it to meet the REGULAR CITY: COMMISSION 16 MINUTES ° March 7, 2006 1 concurrency and therefore be relieved from that provision. 2 3 Vice Mayor Wiscombe referred to the Codina project where he 4 requested '$100,000 from them to buy properties for affordable 5 housing since they were not going to make it part of the complex. 6 They had agreed to that, and this is the beginning of the process 7 to make sure that they are willing to commit to affordable 8 housing for people in our community. 9 10 Mr. Figueredo said that this is a comprehensive ordinance, 11 and the intent is to encourage developers to. come to - South Miami 12 and develop affordable housing. Under our concurrency we require 13 to have park space for every so many houses. If we have excess 14 park space, we wanted to create an ordinance that would encourage 15 developers to come in and develop affordable projects without the 16 obligation of having to spend $75,000 - $300,000 buying park space 17 and give it to the Gty to develop their ;project; this will 18 enable them to go to the City Commission and present an 19 affordable' project; the City Commission 'then would evaluate the 20 criteria, and if they determine that it is in effect an 21 affordable' housing project, they can choose to allow that 22 developer to go ahead with their project by using some of our 23 surplus In park space. What this ordinance will say is, becaus e 24 it is an affordable housing project, you may qualify. :That is 25 really the intent of this ordinance; the intent is to create an 26 economic incentive for developers who want to do affordable 27 housing so that they do not have to go out and buy expensive 28 land. He said that the ordinance is complicated because we had'to 29 make sure that we put in provisions that obligate the developer 30' to follow through with his promises. The definitions, the 31 attorney continued, relies on a federal standard; therefore, ''we 32 are not creating a definition; we are looking at definitions that 33 work, that the federal government has used for affordable 34 housing. By setting aside this land for affordable housing, i,s 35' not available for just any ,developer that comes,into town; it' is 36 only available for developers who want to build` affordable 37 housing. 38 39 Commissioner Beckman asked whether this ordinance obligates 40 the City to give the land 'to,'a developer that qualifies, even 41 though the City might not necessarily like that particular 42 project for some reason. He asked whether the City can deny that 43 project. In essence, Commissioner Beckman asked whether they can 44 exercise discretion on any particular situation. 45 46 Mr. O'Donniley explained, and Mr. Figueredo concurred that 47 this is clearly .a grant, and we are under no obligation to 48 approve grant applications. He then said that he will change the 49 sentence so that it cannot be subject to any interpretations but 50 that it is purely discretionary. 51 REGULAR CITY COMMISSION 17 MINUTES - March 7, 2006 1 On the question of ,annexation from Commissioner Beckman, Mr. 2 Figueredo said that when they are faced with annexation this 3 ordinance can always be amended. 4 5 Vice Mayor Wiscombe said that if annexation is not addressed 6 now, it can then be tailored to the need of the annexation. 7 8 With no further comments or discussion, the motion to 9 approve this item passed by a 5 -O vote: _10 11 Commissioner Palmer: Ye 12 Commissioner Birts: Yea 13 Commissioner Beckman: Yea 14 Vice Mayor Wiscombe: Yea 15 Mayor Feliu: Yea 16, 17 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 19 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI 20 LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY 21 RESIDENTIAL BUILDING LOCATED AT 6133 SW 63rd TERRACE AS 22 AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC 23 PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING 24 ZONING. USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR 25 SEVERABILITY; PROVIDING FOR; - ORDINANCES IN CONFLICT; AND 26 PROVIDING AN EFFECTIVE DATE. 3/5 27 (City Manager) 28 29 Moved by Mayor Feliu, seconded by Vice 'Mayor Wiscombe to 30 approve this item. 31 32 Mr. O'Donniley presented this item. He said that the 33 Historic Preservation Board went out and _conducted their own 34 field survey within the traditional African- American community, 35 and identified a number of properties that might be worthy of 36 historic designation. This is the first on a priority list they 37 developed. 38 39 Mayor Feliu and Commissioner Birts said that they would 40 support this designation. Commissioner Palmer said that she would 41 support it as long as the owner is in agreement; if they want it 42 she would support it.' 43 44 Commissioner Beckman said that he would support it on first 45 reading, pending further information and getting good answers on 46 second reading. He said that he _ does not know who would want to 47 live in an 800 foot house and that the lot is too small. He said 48 that as a museum piece on public property it might be good but 49 not as a dwelling. 50 REGULAR CITY COMMISSION 18 MINUTES - ,March -7, 2006 1 Mayor Feliu said that this was duly advertised to all the 2 neighbors, everybody is in agreement with it, and if the 3 neighbors like it why should we be contrary to 'what their desires 4 are. 5 6 Commissioner Beckman said that the last time when houses of 7 similar size came up, people showed up saying that they,did -not 8 want those small houses -. They said that they wanted modern houses 9 that look like every other neighborhood in the City. 10 , 11 At 11:00 p.m. Mayor Feliu moved to extend the meeting for 12 fifteen minutes. Seconded by Commissioner Palmer, the motion 13 passed by 5 -0 vote 14 15 Commissioner Palmer: Yea 16 Commissioner Birts Yea 17 Commissioner Beckman: Yea 18 Vice Mayor Wiscombe: Yea 19 Mayor Feliu Yea 20 21 With no further comments or discussion, the motion to 22 approve this item passed by a 5 -0 vote: 23 24 Commissioner Palmer: Yea 25 Commissioner Birts: Yea 26 Commissioner Beckman: Yea 27 Vice Mayor Wiscombe: _Yea 28 Mayor Feliu: Yea 29 30 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 31 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 32 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF 'SOUTH MIAMI 33 LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY 34 RESIDENTIAL BUILDING LOCATED AT 6500 SW 60th AVENUE AS 35 AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC 36 PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING 37 ZONING USE DISTRICT FOR THIS PROPERTY;. PROVIDING FOR 38 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 39 PROVIDING AN EFFECTIVE DATE. 3/5 40 (City Manager) 41 42 Moved by Commissioner Palmer, seconded by Vice Mayor 43 Wiscombe to approve this item: 44 45 Mr. O'Donniley presented this item. He said that this is the 46 second home that Marshall Williams had in our community. The 47 house was built in 1935. Mr. Williams moved here, developed this 48 area, gave land to many of the institutions that exist in our 49 community, including J.R.E. Lee and some of the churches, and 50 provided free lots to many people in need. This designation REGULAR CITY COMMISSION 19 MINUTES - March 7, 2006 1 recognizes not only the house but the history associated with the 2 man. 3 4 Mayor Feliu said that Mr. Williams did incredible things for 5 the community and that he deserves 'a statue which he would like 6 to see become a' reality one day. 7 8 Commissioner Beckman said that he had a number of concerns 9 on this one too. He then referred to a statement on the report 10 made by the owner, that only the portion of the land where the 11 house is located be designated. He also said that he would 12 recommend to the owner, if she has not done it, consulting with a 13 real estate expert or land use attorney, just to make sure that 14 her ownership of that property in the future is what she wantslir 15 to be. 16 17 Attorney Figueredo said that Commissioner Beckman is 18 referring to a policy that _Commissioner- Palmer - adher-es`to, but 19 technically, according to our Code, the owner does not have a say 20 on the designation. 21 22 Mr. O' Donniley said that staff- has met with members of the 23 family, and that they appeared at the Planning Board and 24 testified in favor of this, ,which is reflected in the minutes. 25` 26 With no further comments or discussion, the motion to 27 approve this item passed by a 5 -0 vote: 28 29 Commissioner Palmer: Yea 30 Commissioner Birts: Yea 31 Commissioner' Beckman: Yea 32 Vice Mayor Wiscombe Yea 33 Mayor Feliu: Yea 34 35 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 36 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 37 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF 'SOUTH MIAMI;' 38 LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL 39 BUILDING (THE SHELLEY BUILDING) LOCATED AT ;5837 SUNSET 40 DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN 41 HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE 42 EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; 43 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 44 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 45 (City Manager) 46 47 Moved by�Mayor Feliu, seconded by Vice Mayor' Wiscombe to 48 approve this 'item. 49 REGULAR CITY COMMISSION 20 MINUTES - March 7, 2006 I Mr. O'Donniley 'presented this item. He said that the 2 previous owner had expressed opposition but the new owner has 3 neither clearly indicated support nor opposition; we may be able 4 to determine that at the second reading. 5 6 Commissioner Beckman pointed out that at the Historic Board 7 there was one dissenting vote with no explanation. Mr. O'Donniley 8 said that at that point the owner at that time did clearly state 9 he did not wish the designation.. That was the reason for the 10 dissenting vote at the Planning Board as well. 11 12 With no further comments or discussion, the motion to 13 approve this item passed by a 3 -1 vote: 14 15 Commissioner' Palmer: Nag 16 Commissioner`Birts: Absent 17 Commissioner Beckman: Yea 18 Vice Mayor Wiscombe Yea 19 Mayor Feliu: Yea 20 21 COMMISSION REMARKS 22 23 24 Commissioner Palmer said that she believes to have made a 25 mistake at the previous meeting regarding the National League of 26 Cities' membership and that she might' want to revisit that issue. 27 She also said that some months ago they were promised that 28 something would come back to the Commission regarding developers' 29 impact fees. - 30 31 Attorney Figueredo, said that what he is working on what is 32 going to be a companion item to the affordable housing ordinance. 33 The next ordinance for the Commission's consideration' will be an 34 impact fee ordinance 35 36 Mayor Feliu said that he feels happy that they are getting a 37 24- passenger van for the seniors and for the Parks and Recreation 38 Department. He said that he had a very fruitful meeting together 39 with the Manager and with Commissioner Gimenez and they discussed 40 the need of having covered bus stops on 62nd 'Avenue right across 41 from the Seniors' Center. He said that he finds a receptive 42 person in Commissioner Gimenez; he actually came to City Hall and 43 they gave him a wish list, and that he will also look into 44 another van for us from the County; in addition to that they 45 spoke about traffic calming jurisdiction which is something that 46 the Mayor has been after for many years. He also agreed that 57t' 47 Avenue needs to be beautified, particularly the areas of 73rd and 48 74th Streets where we could use pedestrian friendliness to help REGULAR CITY COMMISSION MINUTES - March 7, 2006 21 1 people across the street, as well as beautifying 62d Avenue. 2 3 There being no further business to come before this Body, 4 the meeting adjourned at 11 :15 p.m. 5 6 7 Attest Approved 8 9 10 11 12 Maria M. Menendez Horace G. Feliu 13 City Clerk Mayor REGULAR CITY COMMISSION 22 MINUTES March 7, 2006 1 City of South Miami 2 Regular City Commission Minutes 3 March 21, 2006 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, March 21, 2006, beginning at 7 :0 =9 -9 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 A. Roll Call: 12 The following members of the City Commission were present: 13 Mayor Horace G. Feliu, Commissioners Velma Palmer, Marie Birts 14 and Jay Beckman. Vice Mayor Randy G. Wiscombe was absent. 15 16- Also in attendance were: City Attorney Luis,Figueredo, City 17 Clerk Maria M. Menendez and Acting City Manager Yvonne Soler 18 McKinley. 19 20 B. Invocation: The invocation was delivered by Rev. Pansy Graham. 21 r 22 C. Pledge of Allegiance: 23 The Pledge of Allegiance was recited in unison. 24 25 D. Presentations(s) 26 27 (1) Readers of the Month for January and February 2006 28 29 The Mayor and City Commission presented certificates of 30 achievement to the following children from the After-School 31 Program: 32 Adryan Ellis, Young Readers for the month of January 33 Ismael Davis, Young Readers for the month of February 34 35 Marlene Bell, Young Adult Readers, for the month of January 36 Marlon Bell, Young Adult Readers, for the month of February 37 38 (2) MRP Garage'Construction - Update 39 40 George McArdle representing MRP, together with architect for 41 the project, Peter Blistein conducted the presentation. Mr. 42 McArdle began by "walking" the ;Commission through the building 43 with the aide of various renderings, explaining the construction 44 project in detail. 45 REGULAR CITY COMMISSION 1 MINUTES -March 21, 2006 l After the presentation, Mr. McArdle answered questions to 2 the Commission. 3` 4` Mayor Feliu said that one of his concerns is the importance 5 of this project to be finished prior to the holidays so that it 6 does not negatively impact the merchants. 7 8 Mr. McArdle said that they are working with the pre -cast 9 company and that they have committed to the July production slot. 10 They will be delivering to site starting September lst and the 11 shell is scheduled to be completed by October 30th. That does not 12 mean that the building will be completed at that time; however, 13 that means that they will at that time be able to start working 14 on the '.inside, not on the outside. Their 'target right now is that 15 the garage itself will be open by the end of March, and at that 16 time they would' also be turning over to the various tenants for 17 their tenants' improvements. The actual retail shops would 18 probably not be open for another 90 -120' days by the time they 19 finish all improvements. The benefit of the pre -cast, he 20 continued, is that 60 -70 percent of the building is built from 21- the inside, after that is when it would actually move outside to 22 construct that final portion. 23 24 Mayor Feliu at this time directed the City Manager to inform 25` all the merchants in the area about the upcoming construction, 26 27 Ms. Soler explained that she is planning to inform all the 28 merchants in the area about the construction schedule as soon as 29 the Planning Department gets the plans. 30 31 Commissioner Birts said that her concern is that the garage 32 is not going to be open for the holidays; therefore, she said 33 that it would be nice if all the major construction be done and 34 out of the way so that the traffic with trucks would not 35 interfere with the Christmas'` Holidays. 36 37 Mr. McArdle said that since the shell is the one thing that 38 could create the greatest disruption, if all goes well, their 39 target with the July- August production slot is that the erection 40 of the shell would be finished by October '3Oth. 41 42 Commissioner Palmer referred to the increased spaces, asking 43 how that would impact the contract that has been made 44 45 Mr. McArdle said that these are several elements to the 46 revenue to the City. First of all, he said, MRP pays all the debt 47 service on the building; there is a fixed rent payment that 48 begins when the TCO is issued, $76,000 per year. Then, the City 49 gets 12.5 percent of all gross parking revenues in excess of 50 $150,000, including valet parking; when the debt service on the 51 building finishes, the City gets 18 percent of the gross retail. REGULAR CITY COMMISSION 2 MINUTES - March 21, 2006 1 As for the other element, if the building is transferred, such as 2 in the event that MRP comes before the City Commission and 'asks 3 for permission to sell the lease, or assign the lease to someone 4 else, and the City grants it, then the 'City gets 18- percent of 5 the first 1.4 million of net profits, and 20 percent of any net 6 profits above that. To answer Commissioner Palmer's question, he 7 said that more spaces yield' more money and eventually the City 8 gets more money as'well 9 10 Commissioner Birts thanked Mr. McArdle, Mr. Blistein and Mr. 11 Richman for coming 'up with this new design and also Maria Davis 12 who played a big part on this. 13 14 (3') Officer of the Year, 2005 - `Detective Richard Munoz 15 Officer of the Month, February, 2006 - Sgt. John'Barzola 16 17 Major Mills presented the awards to Detective Munoz and Sgt. 18 Barzola for their efforts and for a job well done as police 19 officers. 20 21 (4) Proclamation for Water Conservation Month 22 23 There were no representatives to receive this proclamation, 24 and the presentations ended. 25 26 27 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 28 29 30 1. Approval of Minutes: 31 a) January 17, 2.006 32 b) February 7, 2006 33 c) February 15, 2006 34 d) February 16, 2006 35 36 Moved by Mayor Feliu, seconded by "Commissioner Birts, the 37 motion to approve the minutes of January 17, February 7, February 38 15 and February 16, 2006 passed by a'4 -0 vote: 39 40 Commissioner Palmer: Yea 41 Commissioner Birts: Yea 42 Commissioner Beckman: Yea 43 Vice Mayor Wiscombe: Absent 44 Mayor Feliu: Yea 45 46 47' 2. City Manager's Report: 48 49 a) Response /update to previous meeting requests: REGULAR CITY COMMISSION 3 MINUTES March 21, 2006 , «T'^Twv'wK?g,.v''s...,. l 2 (1)Presentations of County's update on the 3 proposed improvements to SW 62nd Avenue; and 4 update on the proposed improvements to the 5 intersection of SW '64th Street & SW 67th Avenue. 6 7 Public Works Director Ajibola Balogun introduced this item 8 to be presented by representatives from `'the Miami- County Public 9 Works Department: Consulting Engineers Ariel Milian and Jose 10 Munoz, and Project Manager Adolfo Fernandez, and Jeff Cohen. 11 12 Mr. Milian said that at their meeting with the residents 13 back in January, they presented two alternatives to them at which 14 time they received ° feedback from the residents to update the 15 traffic study that had been done for the proposed improvement. He 16 referred to the Charrette of November 2002 where the City and UM 17 decided that this was a perfect project to perform aesthetic 18 improvements to attract more _pedestrians. He said that the 19 alternative's they have developed are a direct result of the 20 Charrette. He then went over the traffic' analysis they conducted 21' to evaluate the impact of the reduction of two lanes on 62nd 22 Avenue. 23 24 Alternative no. 'l: reducing the existing roadway from a 5 25 lane section, to two -lanes in every direction with a divided 26 median' and widen sidewalks.` 27 28 Alternative no. 2: different from first alternative with no 29 divided median. They decided to study this alternative a little 30 further since it seemed to be the preferred one by the residents 31 at the last meeting that they had here at the City. Mr. Munoz 32 then explained their study in further detail, basically 33 explaining that the result of the study is that at peak hours, 34 approximately 12,000 vehicles use the road; they found that the 35 two lanes that are being proposed will be able to control that 36` volume of traffic. 37 38 The Commission expressed some concern from the community 39 regarding issues with ambulances servicing the area hospitals', 40 and also about the possible conversion, of J.R.E. Lee' into a 41 community school which would generate even more traffic with 42 school busses 43 44 The proposed parallel parking was another point of 45 discussion.' The Commission expressed preference for a bike path 46 instead of parallel parking which they deem unnecessary. 47 48 The consultants then asked the Commission for directions as 49 to where they should take the study from here, and whether they 50 would be in favor of reducing the number of lanes 51 REGULAR CITY COMMISSION 4 MINUTES - March 21, 2006 1 Mayor Feliu said that he 'agrees with Commissioners Palmer 2 and Birts in the sense that they need to rethink this, because 3 the conversion of the school was never part of the equation. He 4 said that it seems to be a consensus, for beautification, and also 5 for pedestrian and bicycle friendliness. 6` 7 Commissioner Beckman then said that those wishes are 8 conflicting because wider 'sidewalks will result in a reduced 9' street; landscaping on the median or the sides, also will reduce 10 the street; we will need to reduce the travel lanes in order to 11 beautify the street and make it more pedestrian and bike 12 friendly. As with regard to the school, we are leaving a bus lane 13 in front of that school He said that the School Board might have 14 to come up with other access to the school from another street. 15 With regard to street parking, he said that it would depend on 16 the type of zoning along 62nd Avenue which has never been 17 decided. He said that he does not think that the traffic flaw is 18 the problem, that has been looked at and that is not an issue 19 anymore. He said that they have some minor decisions to make 20 which pertain to the side parking. 21 22 Commissioner Palmer said that she did not believe that they 23 could finish tonight and that they will probably need to get back 24 to the discussion at another time. 25 26 Mayor Feliu said that he would like to see a bicycle path. 27 Commissioner Birts said that she would like to see another 28 community workshop. 2' 9 30 Commissioner Beckman said that if they are going to have 31 another` workshop it should be about issues other than the traffic 32 flaw which has already been looked at and studied by experts. 33 34 Mayor Feliu said that besides the bike lane he would like to 35 revisit the issue for the impact of the future conversion of the 36 school, and a projection of the vehicular increase. He then 37 requested copies of the traffic report from the consultants 38 39 Jeff Cohen, with the Traffic Engineering Division of Public 40 Works, also a bicycle /pedestrian coordinator, said that one of 41 the things` that they can offer, as a test, is to convert the 42 outside lanes to on- street parking and bicycle lanes on a 43 temporary basis, and see how traffic reacts to it. He then said 44 that when the School Board is going to alter a site, they have to 45 come to the County, and that they strongly urge the City that 46, when the School Board comes to the municipality with a proposal 47 that they be sent directly to them and that they will work 48 closely with the School Board to make sure that all necessary 49 site improvements are made for the traffic impact that they 50 generate. The School Board is supposed' to make all necessary 51 modifications to their site to deal with the traffic that they REGULAR CITY COMMISSION rJ MINUTES - March 21, 2006 1 are going to generate. The County then makes them do the 2 necessary modifications as a condition for approval of"their site 3 work. 4 5 At this time Mr. Cohen presented an update on the proposed 6 improvements to the intersection of SW 64th Street & SW 67th 7 Avenue. On his presentation, Mr. Cohen showed the design of the 8 project with the enhanced roundabout which makes the 9 intersections more bicycle friendly. 10 11 To answer Commissioner - Birts' question about the roundabout, 12` Mr. Cohen responded that it is similar to the one at Camposanto 13 and San Amaro which is at the northwest corner of the University. 14 He said that this one has a slightly larger diameter than the one 15 in Coral Gables; the diameter determines the speed to go around. 16 17 Commissioner Beckman said that when he 'took the drawing to 18 all the immediately affected neighbors that all of them liked it. 19, As opposed to a signalized intersection which everybody thinks 20 that is neither safe nor aesthetically pleasing. 21 22 (2) SW 67th_Avenue sidewalk. 23 24 Mr. Balogun presented, this item and said that he will be 25 following with 'the County on the progress of the project. 26 27 (3) Point of Distribution (POD) 28 29 Major Mills presented this item. He said that they have 30 decided that the best location for the City's P.O.D. is Murray 31 Park. 32 33` Mayor 'Feliu commended Commissioner Palmer for bringing this 34 item forward because there is a'great need for our community to 35 make sure that they have easy access to the basic necessities 36 during the time of a hurricane 37 38 (4) Forensic Audit RFQ.; 39 40 Ms. Soler said that she has informed Vice Mayor Wiscombe 41 that we are still waiting on more information to' add 'to the RFQ. 42 Therefore, we are postponing this item until the next meeting. 43 44' Commissioner Palmer said that she would like 'to see the 45 details of the RFQ. Ms.` Soler said that as soon as she has it 46 finalized she will send it to the Commission for their input. 47 48 Commissioner Beckman at this time suggested the use of our 49 own auditor, Nestor Caballero, who has complete access to the 50 City. He said that this could be done as 'a preliminary step.' REGULAR CITY COMMISSION 6 MINUTES - March 21, 2006 1 2 Commissioner Palmer said that she realizes that our auditor 3 has been doing this for years; however, we need a clean slate, 4 because if our auditor has made any mistakes there are chances 5 that he would not bring them up, as opposed to an independent 6 firm that has nothing to lose. 7 8 Mayor Feliu said that he would like to see -a forensic audit 9 do the study for the last 2 -3 years. However, it would not hurt 10 to ask our auditor any questions. 11 12` (5) Scheduling a date for a workshop with the 13 pension attorney. 14 15 Ms. Soler said that she has been meeting with the pension 16 attorney, but the workshop could not be scheduled until May 17 because > right now they do not have the information that is 18 current for our situation. You cannot get information" on pension: 19 so far in advance to be able to get actual costs since they 20 fluctuate, she added. 21 22 Commissioner Palmer referred to the City's personnel rules, 23 saying that she would like to have a workshop to go over the 24' rules and to insist that they are enforced. Ms. Soler said that 25 she has directed the HR Manager to put together a document for 26 the Commission's review incorporating all changes 'made during the 27> past two years. 28 29 Commissioner Palmer asked counsel_ whether the personnel 30 rules are set according to the Charter. Mr. Figueredo said that 31 he does not believe so. The City has personnel rules that are in 32 place: ,33 34 Commissioner Palmer asked whether the personnel rules are 35 supposed to be standard. Mr: Figueredo said that they should be 36 uniformly applied; however, at the same, we need to take into 37 account any labor agreements that the City has executed to make 38 sure that any policy and personnel manual is consistent with 39 those agreements. 40 41 b) Expenditure Report for Hurricane Wilma 42 43 Mr. Balogun presented this item. He said that the backup 44 presented is self- explanatory. 45 46 Commissioner Beckman asked about the status of our emergency 47 fund. Finance Director Adriana Hussain explained that there is no 48: way for us to set up a budget for hurricanes since there is no 49 way, to calculate the amount of money.that would be needed. She 50 then responded that last year we used money from the reserve and REGULAR CITY COMMISSION 7 MINUTES - March 21, 2006 1 that the fund was adequate. She also said that our reserve will 2 again be adequate for this year's hurricane season. 3 4 At this time Commissioner Palmer announced the Book Club 5 Kick-Off coming up Saturday the 25th at Murray Park, and invited 6 the community to attend. 7 8 Commissioner Palmer then referred to the National League of 9 Cities subscription and said that after giving it further thought 10 she thinks that we should renew it. The organization has been 11 helping the City for years, she added. 12 13 Mayor Feliu said it is ok since the money is budgeted, and 14 that at the next budget cycle they can discuss it. 15 16 Commissioner Beckman said that there might be some 17 intangible benefits. They might be doing things on our behalf 18 that perhaps we do not see on a yearly basis, and the cost is not 19_ very much. 20 21 With no comments or discussion, the City Manager's Report 22 concluded: 23 24 3. City Attorney's Report: 25 (NONE) 26 27 At this time Mayor Feliu pulled items no. 11 and 13' from the 28' agenda for further review. 29 30 Moved by Mayor Feliu to pulled and table items no. 11 and 13 31 from the agenda, seconded by Commissioner Palmer, the :motion 32 passed by a' 4 -0 vote:: 33 34 Commissioner Palmer: Yea 35 Commissioner'Birts: Yea 36 Commissioner Beckman:' Yea 37 Vice Mayor Wiscombe: Absent 38 Mayor Feliu: Yea 39 40 Commissioner Beckman reminded the Commission to bring some 41 names to the next Commission meeting so that they may choose from 42 to form the City Manager Advisory Committee. 43 44 Commissioner Palmer said that she was expecting to see that 45 item on the agenda tonight. She said that she is not a last 46 minute' person because she likes to have enough time to review 47 items thoroughly. 48 49 50 REGULAR CITY COMMISSION 8 MINUTES - March 21, 2006 «e.`f.- .9ar,7., 1 PUBLIC REMARKS 2 3 David Tucker, Sr. referred to item no. 8 on the agenda 4 relating to the public schools legislative initiative. He 5 believes that the issue is too complex and important and deserves 6 further review. 7 8 Rev. Gaye urged the Commission to go forward with the 9 Madison Square project 10 11 Dick Ward spoke against narrowing SW 62nd Avenue because of 12 the increase in traffic that the future conversion of the J.R.E. 13 Lee School will generate. He also said that the proposed circle 14 at 64 and 67 intersection is not a good idea because of the 15 various schools in the area. 16 17 Yvonne Beckman said to concur with Mr. Sherar with regard to 18 his view on the need for separation of church and state. She said 19 that Winn Dixie would be a good site for the P.O.D. With regard 20 to item no. 8 she said that class size, as approved by 21 referendum,; should be included in the resolution. 22 23 Craig Sherar said that pulling items no. 11 and 13 was the 24 right thing to do. He then referred to the Mount Nebo parking 25 lot; a few years ago, he said, they promised that something was 26 going to happen on that parking lot. He said that one of the 27 things that could happen is to use the 'property for affordable 28 housing. 29 30 Cathy McCann spoke in favor for the renewal of the :National 31 League of Cities membership. She also spoke of irregularities of 32 salaries in the City. 33 34 Rodney Williams spoke against proposed changes on 62nd 35 Avenue. He said that he lives behind J.R.E. Lee and that there is 36 no parking available in that area. 37 38 Chris Cooke- Yarborough said that it is too costly for the 39 City to change a city manager and a police chief every two years. 40 He said that the RFQ is unnecessary. About 62nd Avenue, he urged 41 the Commission to move on because that project has been going on 42 for ten years now. He also spoke against the idea of turning our 43 Police Department over to the County, we are happy with ours, he 44 said. 45 46 Bob Welsh about the police department said that he is just 47 worrying about the number of police officers that we have, and 48 whether' we are going to be waiting to get calls_ if we have for 49 our City the same arrangement that Palmetto Bay has. He also said 50 that if we can save our City money and get better' pension REGULAR CITY COMMISSION' 9 MINUTES - ;March 21, 2006 •.,,., .. ;, . 1 benefits for our police officers, let's explore that. He then 2 urged the Commission to consider a sidewalk on Miller, from 3 Ludlam to Paul Tavi_s, and on 62nd Avenue, from Miller down to 64th 4 Street; 5 6 Al Elias said that he has a company'. that supplies road 7 technology to foreign countries and that he considers himself an 8 expert in the field of transportation. He then referred to the 9 proposed changes to 62nd Avenue advising that you don't close the 10 arteries, you open them.' 11 12 Adrian Ellis said that he has been a part of the Charrette 13 and that he is against the closing of 62nd Avenue. 14 15 Frank Cuzzocrea Jr said that we have one of the best police 16 departments in the County. 17 18 John E. Smith commended the County's earlier presentation by 19 having the courtesy of bringing double renderings, one facing the 20 Commission and the other facing the audience. He then said that 21 the narrowing of 62nd Avenue with bike lanes is welcome. He also 22 said that Rodney and Adrian will be an asset on the CRA Board. 23 24 Sharon McCain said that 62nd Avenue cannot be reduced to two 25 lanes because of the hospitals.`. She then spoke in favor of the 26 forensic audit She said that the finances should be on the 27 website. Cameras at the Community Center are not necessary, and 28 that the cameras that are in City Hall should be taken out. of the 29 Police Chi'ef's office;' perhaps they should be in the City 30 Manager's office. She then` said that her neighborhood has not 31 received any money or any improvements, and that they have no 32 parks, and that they would like for the City to acquire the Di'son 33 property so that they can have a doggy park. 34 35 Mayor Feliu explained that the Dison property acquisition is 36 on the state legislators agenda for lobbying it. 37 38 With no further speakers the public remarks session was 39 closed. 4-0 41 At this time Commissioner Beckman pulled item no. 7 from the 42 consent' agenda (now no. 8) 43 44 CONSENT 45 46 28 -06 -12169 47 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 48 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY, 49 MANAGER TO ISSUE A SERVICE WORK ORDER TO MILIAN SWAIN &' REGULAR CITY COMMISSION MINUTES - March 21, 2006 1 °"°zs =- �-:;°'^ -,w E�h?:e;^- �'.:srra�- .�s�., ..'a�+:"'^+°' ","`n . n-- m'+ T. �va�'"" xre ..a.-n,z-""::,•E�r ^sic.^,z:m;r wMIT „_ 1 ASSOCIATES, INC (MSA), FOR PROFESSIONAL ENGINEERING 2 SERVICES FOR ENGINEERING DESIGN, BID AND CONSTRUCTION 3 PHASE SERVICES FOR THE - SNAPPER CREEK DRAINAGE &'TRAFFIC 4 CALMING IMPROVEMENTS PHASE IIIB,;IN AN AMOUNT OF $23,012 5 TO BE CHARGED TO ACCOUNT NUMBER 111 -1730- 541 -3450; 6 PROVIDING FOR AN EFFECTIVE DATE. 3/5 7 (City Manager) 8 9 29 -06 -12170 10 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 11 CITY OF SOUTH MIAMI, FLORIDA, RELATING' TO ATTORNEYS' 12 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP 13 FIGUEREDO, P.A. IN THE AMOUNT OF $7,720.44; CHARGING 14 $7,720.44 TO ACCOUNT NO. 001- 1500 -534 -34101 LEGAL 15 SERVICES, NON- RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5 16 17 (City Attorney) 18` 19 30 -06 -12171 20 6. A'RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 22 COMMITTEES; RE- APPOINTING SUZANNE GILMORE, DOUG BAKER 23 AND LT'. BRUCE ROSS; AND APPOINTING YVETTE; ALEMAN TO 24 SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING 25 MARCH 20, 2008;` AND `PROVIDING AN EFFECTIVE DATE. 3/5 26 (Mayor Feliu) 27 28 31 -06 -12172 29 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 30 CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE MIAMI -DADE 31_ COUNTY PUBLIC SCHOOLS' LEGISLATIVE INITIATIVE, PROVIDING 32 FOR AN 'EFFECTIVE DATE. 3/5 33 (Commissioner Palmer) 34 35 Moved by Commissioner Palmer, seconded by Mayor Feliu, the 36 motion to approve the consent agenda passed by a 4 -0 vote: 37 38 Commissioner Palmer: Yea 39 Commissioner'Birts: Yea 40 Commissioner Beckman: Yea 41 Vice Mayor Wiscombe: Absent 42 Mayor Feliu: Yea; 43 -44 45 32- 06- 12173' 46 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 47 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 48 COMMITTEES; APPOINTING ADRIAN ELLIS AND RODNEY WILLIAMS, REGULAR CITY COMMISSION l l MINUTES - March 21, 2006 "�+�"�f^'�=.x� •,.�R,-�' '�-� -T ,-�*r �x,�,� ��� ,ems.- ��;�;s';-x,,;x.s.�^�s°: a�-z,�<,�i �'.,�°,. r-� -^ .�, ,r z^?.rs .- ��'±�m;-�-t �ma „spa -`.,n ,:r^ -.r. na>�'�c ;�- F°�', =�; �. _„.���n ::�._`: =.: �:�. e_ l TO SERVE ON THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 2 AGENCY BOARD (SMCRA) FOR A TWO YEAR TERM ENDING MARCH 3 20, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 4 (Mayor Feliu) 5 6 Moved by Mayor Feliu, seconded by Commissioner Palmer to 7 approve this item. 8 9` Commissioner Beckman said that he pulled this item because 10 he had ` some problems with it. He said that the two applications 11 are incomplete and that he needs information- when he reviews 12 these things. He said that he would like to see very thorough 13 applications from board applicants. In addition, he said that in 14 his opinion this is a very important board and some professional 15 expertise is needed'. 16 17 Mayor Feliu said that the requirement for this board is for 18 members to reside in the CRA district, and 'these two gentlemen 19 not only live in this community, but also have a' history ,,of 20 contributing to it. 21 22 Commissioner Beckman then said that maybe the rules of this 23; board should be changed so that we get some real professionals 24 with the necessary expertise that could contribute to this board. 25 26 Mayor' Feliu said that he welcomes Commissioner Beckman's 27 suggestion for discussion during a CRA meeting. 28 29 Commissioner Birts said to disagree with Commissioner ' 30 Beckman on this. She said that we do not need professional people 31 on this board. We need a CRA director, who is a well paid 32 professional. What we need is residents` from the CRA community 33 who will support the CRA. 34 35 Commissioner Beckman said that it is nothing personal 36 against the two gentlemen but that he just wants to see complete 37 applications and that he wants to try to start getting some 38 expertise on boards where expertise is needed': 39 40 Commissioner Palmer said that she had in the past requested 41 that these applications be single because if there is a problem 42 with one of the appointees is more convenient if they need to 43 make changes. As for the application, she said that is a minor 44 thing that can be adjusted. , She then commended these young men' 45 who have served in different places such as the CAA. They have 46 been really passionately serving. As for professionals, they do 47 not actually collaborate to get things done, that is the job of 48 the director. She said that she had brought forward a resolution 49 in the past to get- a director because one person was having too 50 many hats and that it was put on the side. She then urged the new 51; members to be open minded and if something is not good for the REGULAR CITY COMMISSION 12 MINUTES - March 21, 2006 FAWWWW 1 City as a whole, not to go for it just because it is CRA. She 2- urged the appointees to use their own judgment to the best of 3 their ability. 4 5 With no further comments or discussion, the motion to 6 approve this item passed by a 3 -1 vote: 7 8 Commissioner Palmer: Yea 9 Commissioner Birts: Yea 10 Commissioner Beckman Nay 11 Vice Mayor Wiscombe: Absent 12 Mayor Feliu: Yea 13 14 15 ORDINANCE; (S) SECOND READING PUBLIC HEARING (S) 16 17 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 18 CITY OF SOUTH MIAMI AMENDING THE LAND DEVELOPMENT CODE 19 OF THE CITY OF SOUTH MIAMI BY ADDING A NEW 'SECTION 20- 20 4.1(F) ENTITLED "AFFORDABLE HOUSING CONCURRENCY RESERVE" 21 IN ORDER TO RESERVE THE EXCESS RECREATION AND PUBLIC 22 PARK LAND ACREAGE ABOVE THE CURRENTLY ADOPTED LEVEL: OF 23 SERVICE TO BE USED EXCLUSIVELY TO MEET CONCURRENCY 24 REQUIREMENTS FOR AFFORDABLE HOUSING ,PROJECTS; PROVIDING 25 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; 26 AND PROVIDING AN EFFECTIVE DATE 3/5 27 (City Manager) 28 29 Moved by Mayor Feliu, seconded by Commissioner Palmer, to 30 approve this item. 31 32 Mr. O'Donniley "presented this item. He said that he and the 33 City Attorney met with Commissioner Beckman and that they were 34 able to address most of the Commissioner's concerns. 35 36 The Mayor opened the public hearing at this time. 37 38 Yvonne Beckman said that she is a little worried because she 39 believes that there is no provision in the ordinance restricting 40 it just for the locals she believes that the ordinance is open 41 for anyone to take advantage of our concurrency bank. 42 43 Cathy McCann said that she wishes there were a way to make 44 everybody understand that affordable housing is not for people 45 way at the bottom of the wage scale; affordable housing` 46 encompasses' teachers, nurses and a great many people. She said 47 that sometimes people tend to confuse affordable housing with 48 public housing. She congratulated Commissioner Palmer for putting 49 together the Affordable Housing Committee, as well as the REGULAR CITY COMMISSION 13 MINUTES - March, 21, 2006 1 Committee for coming forth with this. She then urged the 2 Commission to make sure, before they voted on it, that this 3` states 'within the affordable range for the years ahead. 4 5 Mr. O'Donniley then referred to page -5, subparagraph (4) 6 (c), lines 25. and 26 of the ordinance which addressed Ms. 7" McCann's concern. 8_ 9 Mr. Figueredo then referred to subparagraph (5) (c) which 10 provides that the City may seek specific performance under the 11 covenant. He then referred to page 4, subparagraph ('3) (h) line 12 41 addressing Commissioner Palmer's concern, requiring that the 13 affordable housing < project be used for affordable housing 14 purposes for eligible households for a minimum of 30 years.' 15 16 At this time the public hearing ;was ' closed. ` 17 18 Commissioner Beckman moved to amend: on page 2, dine 43, and 19 on page 3, line 20 to strike "2005" on both places. Seconded by 20 Commissioner Palmer, the motion passed by a 4 -0 vote: 21 22 Commissioner Palmer: Yea 23 Commissioner Birts: Yea 24 Commissioner Beckman: Yea 25 Vice Mayor Wiscombe: Absent 26_ 'Mayor Feliu: Yea 27 28 Moved by Commissioner Beckman on page 3, line 5, to strike 29 the period and substitute it by a comma, and adding the following 30 language: or concurrency for future annexations. 31 32 This amendment brought up some discussion by the Commission. 33 Commissioner Palmer said that she was not sure about the 34 ramifications that this amendment might bring and that she would 35 not wish to put something in that she does not know about 36 37 Commissioner Beckman said that regardless of this amendment, 38 annexation will affect us and this is just for purposes of 39 clarification. 40 41 Mr. O'Donniley said that the word "may" within the language 42` of that paragraph makes it optional. He also indicated that 43 Commissioner Beckman's language would not harm the - ordinance as 44 proposed because the word "may" - grants the Commission the 45 discretion whether to assign it for that purpose. 46 47 Mr. Figueredo said that what Commissioner Beckman's language 48 does is that, in the event that the City were to annex, and you 49 need additional parkland to meet concurrency, with this language 50 in place, the Commission can decide to use that parkland to REGULAR CITY COMMISSION 14 MINUTES - March 21, 2006 1 satisfy concurrency. It is ultimately up to the Commission; if 2 you do not have this language in there addressing annexation, you 3 cannot use it. With the word "may" alone, you would have to come 4 bank and amend this ordinance. He said that the language proposed 5 by Commissioner Beckman :allows the Commission the full discretion 6 to make a determination in the future if we want to apply for 7 annexation 8 9 Seconded by Commissioner Birts, the motion to approve the 10 above amendment passed by a 4 -0 vote: 11 12 Commissioner Palmer: Yea 13 Commissioner Birts: Yea 14 Commissioner Beckman: Yea 15 Vice Mayor Wiscombe: Absent 16 Mayor Feliu: Yea 17 18 19 Moved by Commissioner Palmer, seconded by Mayor Feliu, the 20' motion to approve this item as amended passed by a 4 -0 vote: 21 22 Commissioner Palmer: Yea 23 Commissioner Birts: Yea 24 Commissioner Beckman: Yea 25 Vice Mayor Wiscombe: Absent 26 Mayor Feliu: Yea 27 28 29 RESOLUTION (S) /PUBLIC NEARING (S) 30 (NONE) 31 32 RESOLUTION (S) 33 34 33 -06 -12174 35 10. A. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 36 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE 37 OF SECURITY CAMERAS AND RECORDING EQUIPMENT FROM ALFI 38 ELECTRONICS, INC. IN AN AMOUNT NOT TO EXCEED $11,000.00 39 USING FUNDS FROM THE COMMUNITY CENTER MAINTENANCE & 40 REPAIR 'ACCOUNT NUMBER 001 -2020- 519 -4670 AS PROVIDED IN 41 THE FY 2005 -2006 BUDGET; PROVIDING FOR AN EFFECTIVE 42 DATE. (Deferred 3107106) 3/5 43 (City Manager) 44 45 Moved by Commissioner Palmer, seconded by Commissioner Birts 46 to approve this item. 47 REGULAR CITY COMMISSION 1,5 MINUTES -f March 21, 2006 1 Mr. Ricke presented this item. The item was brought back 2- with diagrams of the first and second floor of the Community 3 Center so that the Commission could visualize where the cameras 4 would be installed. He explained that the cameras will be focused 5 only on the common areas, such as parking lots, entrances and 6 exists, lobbies and hallways; there `will 'be no cameras installed 7 in the activity areas, such as the fitness, classrooms and the 8 computer rooms. The cameras may be monitored on site as well as 9 from the Police Department. The intent is to help detour any 10 criminal activity as well as to document any type of those 11 activities: 12 13 Commissioner Birts asked for the location of the monitor. 14 Mr. Rieke said that it would be located in the main office of the 15 Community Center. She wanted to make sure that these are not for 16' monitoring the employees. 17 18 Commissioner Palmer said that she had asked for the 19 statistics on the parks but she only got the incidents from four 20 parks. She said that for spending $11,000 there must be a reason 21 She said that -there are eight workers that were injured at the 22 Community Center, which leads her to believe that these workers 23 need some training in security. She said there have been some 24 minor incidents in one year at the Center, such as rocks thrown, 25 damaged lights, and graffiti painted on_ the ' wall, among others. 26 Then, for the sake of consistency, she referred to Palmer Park 27 which has reported six similar incidents of vandalism, and 28 injured workers She said that out of the ten parks, only the 29' Community Center is the one that has been decided for 'security 30 cameras to be installed. She said that cameras are a form of 31 intimidation, she does not see the need for them and that she is 32 totally against it She said that the intention was to provide 33 for the people and not to drive them away. 34 35 Commissioner Beckman said that he had gotten a lot of calls 36 from people who want the cameras in there for better security. He 37 said that he has no problems with cameras. 3$ 39 Moved by Commissioner Birts,' seconded by Commissioner 40 Beckman, the motion to extend the meeting until 11:20 p.m. passed 41 by a 4 -0 vote: 42 - 43 Commissioner Palmer: Yea 44 Commissioner Birts: Yea 45 Commissioner Beckman: Yea 46 Vice Mayor Wiscombe: Absent 47 Mayor Feliu: Yea 48 49 Mayor Feliu said that he believes that security is an issue, 50 particularly towards the entrances and parking areas It is 51 important to have some measure of security in any public REGULAR CITY COMMISSION 1 6 MINUTES - March 21, 2006 1 building, he added. Regarding Palmer Park he said that it has no 2 building. He said to concur with Commissioner Birts with having 3 an issue with monitoring employees However, having cameras on 4 entrances is important in order to catch any perpetrators. He 5 also said that we need supervisors to see what people are doing 6- because that is their job. 7 8 Commissioner Birts said that we also secure our homes when 9 we leave. Her other concern, she added, is about youth because 10 she is against teen pregnancy and there are 'a lot of dark spots 11 ' there which need to be monitored. She said that we do need more 12 supervision' and that she would like to see a second person at all 13 times there because anyone can pass out while exercising. She 14 said that she does not like working out by herself in that 15 building so early in the morning': 16 1Z With no further comments or discussion, the motion to 18` approve this item passed by a 3 -1 vote: 19 20 Commissioner Palmer: _Nay 21; Commissioner Birts: Yea 22 Commissioner Beckman: Yea 23 Vice Mayor Wiscombe:, Absent 24 Mayor Feliu: Yea 25 26 27 11. A 'RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE 28 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY 29 COMMISSION MEETINGS ESTABLISHING POLICY WHEREBY PUBLIC 3,0 REMARKS ON ANY MATTER CONCERNING CITY BUSINESS THAT IS 31 NOT ON THE AGENDA SHALL BE PRESENTED AT 7:00 P.M. AFTER 32 ANY SCHEDULED AWARDS RECOGNITION AND ACKNOWLEDGMENT 33 PRESENTATION; PROVIDING AN EFFECTIVE DATE. 34 (Mayor Feliu) 35 36 (This item was pulled from the agenda at the beginning of this 37 meeting) 38 39_ 40 ORDINANCE (S) FIRST READING PUBLIC HEARING (8) 41 (NONE) 42 43 ORDINANCE (S) FIRST READING 44 45 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 46 CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION REGULAR CITY COMMISSION 17 MINUTES - March 21, 2006 r s wz I r, . . �F 1 226.11(F): OF THE CODE OF ORDINANCES IN ORDER TO 2 PROVIDE THAT THE TERM OF OPERATION OF THE AFFORDABLE 3 HOUSING ADVISORY COMMITTEE SHALL BE EXTENDED; PROVIDING 4 FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT; 5 AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 6 (Commissioner Palmer) 7 8. Moved by Mayor Feliu, seconded by Commissioner Birts to 9 approve this item. 10 11 Mr. O'Donniley presented the item. He said that this 12 Committee has made major contributions to the EAR document which 13 is under review by the State at this point. Once the EAR comes 14 back from the State, there may be need for further deliberation 15 on the inclusionary' ordinance also under review. 16 17 Commissioner Palmer said that she made the correction the 18 last time to put this ordinance under her name because she was 19 the one who brought it 'forward, and she proceeded to request that 20 correction. With regard to the time period of the Committee, she 21 said that she does not want this Committee to end until they have 22 completed the job. She said that she does not understand why the 23 ordinance reads that the Committee will end on December 30, 2006.` 24 They still have too much to do, too many ongoing projects, and 25 this is not a quick fix. 26 27 Commissioner Palmer then moved to amend the ordinance to 28 extend the Committee until ,December 30, 2008. Seconded by Mayor 29 Feliu, the motion failed by a 1 -3 vote: 30 31 Commissioner Palmer: Yea ' 32 "Commissioner Birts: - Nay 33 Commissioner Beckman: Nay 34 Vice Mayor Wiscombe: Absent 35 Mayor Feliu: Nay 36 37 38 With no further comments or discussion, the motion to 39 approve this item passed by a 3 -1 vote: 40 41 Commissioner Palmer: Nay 42 Commissioner Birts: Yea 43 Commissioner Beckman: Yea 44 Vice Mayor Wiscombe: Absent 45 -Mayor Feliu; Yea' 46 47 48 13. AN ORDINANCE OF THE 'MAYOR AND CITY COMMISSION OF THE 49 CITY OF SOUTH MIAMI, FLORIDA RELATING COMMISSION REGULAR CITY COMMISSION 18 MINUTES - March 21, 2006 €7, 1 MEETINGS; AMENDING SECTION 2-2.1(H) (2) OF THE CITY 2 OF SOUTH MIAMI CODE OF ORDINANCES, ENTITLED 3 "ADDRESSING THE COMMISSION" TO LIMIT PUBLIC REMARKS TO 4 ITEMS ON THE CITY COMMISSION AGENDA; PROVIDING FOR 5 SEVERABILITY, ORDINANCE'S IN CONFLICT, AND AN EFFECTIVE 6 DATE. 7 (Mayor Feliu) 8 9 (This item was pulled from the agenda at the beginning of this 10 meeting) 11 12 13 COMMISSION REMARKS 14 15 16 There being no further business to come before this Body, 17 the meeting adjourned at 11: 20 pm. 18 19 20 Attest Approved 21 22 23 24 25 Maria M. Menendez Horace G. Feliu 26 City Clerk Mayor REGULAR CITY COMMISSION 19 MINUTES - March 21, 2006 1 City of South Miami oil a Regular City Commission Minutes 3 April 4, 2006 4' 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, April 4, 2006, beginning at 7:41 9 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 D. Presentations(s) 12 13 1. Recognition of South Miami Youth Basketball County 14 Championship Teams. 15 2 16 The following are the members of the winning teams that were 17 recognized by the City Commission: 18 19 9 and Under Team: 13 and Under - Team`: 20_ Coach John Hill Coach Obie Dunn 21 Trayvon Barney Dakarai Lane 22 Jordan Canady Di'trayvious Burgess 23 Dhany Dye Derrick Folanos- Frazier 24 Amir Nolasco Stephan Vasquez 25- Anthony Truesdell Josue Rodrigues 26, Rey Urquiola 27'', Camilo ,Vasquez 28 Derrick Walker 29 Romeo Watkins 30 Treviaris Waugh 31 32 33 3 Proclamation celebrating "Fair Housing' Month." 34 35' Commissioner Palmer presented this proclamation celebrating 36 "Fair Housing Month" to ADR Coordinator, Neysa Nelms Mazzarese, 37 representing Miami -Dade County Department of Human Services. 38 39 4. Proclamation celebrating "National Library Week" April 2- 40 8, 2006. 41 42 Commissioner Palmer also presented this proclamation 43 celebrating 'National Library Week" to Library Branch Manager, 44 Phyllis Levy. 45 REGULAR CITY COMMISSION 1 MINUTES April 4, 2006 j i 1 At this time, Commissioner Palmer informed the public that 2 the meeting was not in session yet because they were waiting for 3 the Mayor to arrive, and Commissioner Beckman opened the public 4 remarks. 5 6 PUBLIC REMARKS 8 David Tucker Sr. gave a recount of all city managers that 9 have served the City for the past twenty years. 10 it Craig Sherar suggested that business owners of the City 12 should be included in the City Manager Advisory Committee 13 criteria. He also referred to the parking problems and violations 14 with the Valencia building.` - 15 16 Cathy McCann referred to the Valencia parking problems 17 saying that this is an example of how the city is taken advantage 18 of. 19 20 Bob Welsh spoke of creating a "soap box" for public remarks 21 during which time staff would not need to be in attendance. 22 23 Dick Ward also referred to the Valencia issue. 24 25 Yvonne Beckman also referred to the Valencia issue. 26, 27 Frank Cuzzocrea Jr. said that he hoped that the Commission 28 would be able to get quorum so that the business on tonight's 29 agenda could betaken care of. 30 31 Sharon McCain referred to item no. 4 relating to the donated 32 sculpture to the City. She then urged the Commission to try 33 acquiring the CVS property on Sunset Drive so that it can be 34 turned into a park. She also said that there is a lot of parking 35 violations on her street and that violators are not being fined. 36 37 With no further speakers the public remarks session was 38 closed. 39 40 At this time the Commission recessed. They reconvened as the 41 Mayor arrived at 8 :45 p.m 42 43 Moved_ by Mayor'Feliu,, seconded by Commissioner Palmer, the 44 motion to incorporate the public remarks back on the agenda 45 passed by a 4 -0 vote: 46 47 Commissioner Palmer: Yea 48 Commissioner Birts: Yea 49 Commissioner Beckman: Yea REGULAR CITY COMMISSION 2 MINUTES - April 4 2006' 1 Vice Mayor Wiscombe: Absent 2 Mayor Feliu: Yea 3 4 A. Roll Call: 5 The following members of the City Commission were present: 6 Mayor Horace G. Feliu, Commissioners Velma Palmer, Marie Birts 7 and Jay Beckman. Vice Mayor Randy G. Wiscombe was absent 8 9 Also in attendance were: City Attorney Eve Boutsis and City 10 Clerk Maria M. Menendez and Acting City Manager Yvonne Soler 11 McKinley. 12 13 B. Invocation: The invocation was delivered by Mayor Feliu. 14 15 C. Pledge of Allegiance: 16 The Pledge of Allegiance was recited in unison. 17 18 19 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 20 21 22 1. Approval of Minutes: 23 a) Minutes of February 21, 2006 24 b) Minutes of February 23, 2006 25 c) Minutes of March '16, 2006 26 27 Moved by Commissioner Palmer, seconded by Commissioner 28 Birts, the motion to approve the minutes of February 21, February` 29 23, and March 16, 2006 passed by a 4 -0 vote: 30 31 Commissioner Palmer: Yea 32 Commissioner Birts: Yea 33 Commissioner Beckman: Yea 34 Vice Mayor Wiscombe,: Absent' 35 Mayor Feliu Yea 36 37 38 2. City; Manager's Reports 39 40 Ms. McKinley informed that the employee manual will be sent 41 to the Commission on Friday for review so that we will be able to 42 set up 'a workshop in the near future to go over the manual in 43 detail and to make any necessary changes as the Commission may 44 see fit. 45 46 Commissioner Palmer said that she does not believe that it 47 would not be up to them since the manual contains rules that are 48 already established. She thinks that what they are looking for is 49 to see whether the rules are being followed. REGULAR CITY COMMISSION 3 MINUTES April 4, 2006 av ,�a..; 1 2 Ms. McKinley said that what is being done is incorporating 3 all the changes that have been made that the Commission is not 4 aware of 5 6 Ms. Boutsis said that the only things the attorneys would 7 advise on would be if they see anything that is not in compliance 8 with the law. 9 10 Mayor Feliu said that the severance package is one of the 11 most important issues in the manual that needs to be looked at to 12 make sure that everybody is treated equally. 13 14 Commissioner Palmer said that what she understands is that 15 there is a standard employee manual that is legally established. 16 Therefore, she said that she does not believe that at this point 17 the issue is establishing a manual; rather, the issue is to make 18 sure that the rules are enforced. 19 20 Ms. McKinley said that it is important to incorporate into 21 the manual any changes that have been done by the administration 22 which have not come before the Commission. 23 24 Mayor Feliu said that vacation time is another policy that 25 needs to be enforced. 26 27 On another subject, Commissioner Beckman referred to a park 28 on the west side of the Hospital, saying that residents there are 29 complaining because the park is in need of repairs; the 30 hurricanes "did 'a lot of damage the sidewalks are pulled, up and 31 overturned; the park needs to be replanted with trees and 32 vegetation. He believes is the Hospital's responsibility to 33 maintain that 'park. He also said that the sidewalk around there 34 when it is rebuilt it should be ADA compliant. He then referred 35 to the budget report and asked Acting Finance Director Adriana 36 Hussein to corroborate that it is on target. Ms. Hussein said 37 that as of the month of February 2006' our estimated expenses were 38 $6.3 million, and our estimated revenues were $6.18 million. He 39 then said that he is having a little bit of trouble dealing with 40 the cost for a- forensic audit and wants to find some offsetting 41 cost savings. He then said that he would like to delay hiring a 42 police chief for a period of time to mitigate some of the cost of 43 that severance package. He then referred to the trip to 44 Tallahassee where he met with Representative Marco Rubio who has 45 - a program called "100 Innovative Ideas for Florida's Future" and 46 said that they have a website where 'anyone can submit ideas. He 47 said that it might be a good idea to hold a town meeting so that 48 people can submit ideas to be forwarded to Rep. Rubio to include 49 in his project. 50 REGULAR CITY COMMISSION 4 MINUTES - April 4, 2006 1 Mayor Feliu said that he has received some calls regarding a 2 4 -way ;stop- at 63rd Court and 66th Street where motorists are not 3 paying attention to the signs and there are kids.in the area. He 4 asked staff to follow up. He also said that he would like to hold 5 a City Commission workshop to discuss each Commissioner's goals 6 and also involve the public. He 'wants to have the opportunity to 7 talk about the ` things that all of them want to see accomplished 8 in the 'next couple of years. 9 10 Commissioner Birts referred to an open lot located on 64Th 11 Terrace and 61st Court,, near the five Habitat houses. She said 12 that there is a large pile of trash from Wilma there. She then 13 referred to the property located at 5918 SW 66th Street where the 14 fallen tree from Wilma is still down and the property needs to be 15 cleaned. She also referred: to the pool hall, a vacant building 16 next to the Church on 5 9t and 66th which is rundown and looking 17 very ugly. 18 19 Commissioner Palmer said that there are many important 20 things to be done and that she believes that it is time to move 21 on; she referred to the current vacancies for key positions which 22 are very important, such as city; manager, police chief and 23 finance director, and said that leadership is very important. She 24 then referred to the Valencia parking violation issue and asked' 25' the City Manager to follow up on that. She reiterated that she 26 wants to see action on those leadership positions. 27 28 3. City' Attorney's Report: 29 (NONE) 30 31 At this time Ms. McKinley referred to item no. 4 on the 32 agenda relating to the Holsum Bakery sculpture. She said that she 33 still does not have information on the cost of installation. ' She 34' said that the .sculpture is :very large and very heavy. She also 35 said that the sculpture will need to be permanently installed 36 because I the cost may be high:; She also mentioned that the 37 installation cost is not in our budget and recommended that the 38 item be deferred until the cost has been determined. 39 40 Moved by Mayor Feliu, seconded by Commissioner Palmer, the 41 motion to pull item no.' 4 from the Consent Agenda passed by a 4 -0 42 vote: 43 44 Commissioner Palmer Yea 45 Commissioner'Birts: Yea 46 Commissioner Beckman: Yea 47 Vice Mayor Wiscombe Absent 48 Mayor Feliu: Yea 49 REGULAR CITY COMMISSION 5 MINUTES - April 4, 2006 1 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 2 CITY OF SOUTH MIAMI, RELATING TO THE DONATION OF THE 3 HOLSUM BAKERY ICON SCULPTURE AND PLACEMENT IN JEAN 4 WILLIS PARK: PROVIDING FOR AN EFFECTIVE DATE. 3/5 5 (City Manager) 6 7 Moved by Commissioner Beckman, seconded by Commissioner 8 Palmer, the motion to defer this item passed by a 4 -0 vote: 9 10 Commissioner Palmer Yea 11 Commissioner Birts: Yea 12 Commissioner Beckman': Yea 13 Vice Mayor Wiscombe: Absent 14 Mayor Feliu: 15 16 17 CONSENT 18 19 20 34 -06 -12175 21 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 22 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 23 COMMITTEES; APPOINTING CHARLES RUIZ DE CASTILLA TO 24 SERVE ON THE HISTORIC PRESERVATION BOARD FORA TWO -YEAR' 25 TERM ENDING APRIL '3, 2008; AND PROVIDING AN EFFECTIVE 26 DATE. 3/5 27 (Mayor Feliu) 28 29 35 -06- 12176 30 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 31 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS 32 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP 33' FIGUEREDO, P.A. IN THE AMOUNT OF $9,617.20; CHARGING 34 $9,617.20 TO ACCOUNT' NO 001- 1500 - 514 -3410, LEGAL 35 SERVICES, NON- RETAINER;. PROVIDING AN EFFECTIVE DATE. 3/5 36 (City Attorney) 37 38 Moved by Mayor Feliu, seconded by Commissioner Palmer, the 39 motion to approve the consent agenda passed by a 4 -0 vote: 40 41 Commissioner Palmer: Yea 42 Commissioner Birts: Yea 43 Commissioner Beckman: Yea 44 Vice Mayor Wiscombe: Absent 45 Mayor Feliu Yea 46 47 48 Commissioner Birts said that she would like to amend the 49 resolution to allow the Acting City Manager to be considered for REGULAR CITY COMMISSION 6 MINUTES - April 4, 2006 1 the permanent position of city manager. 2 3 Commissioner Palmer said that the above language is wrong. 4 5 Ms. Boutsis said that the purpose of amending the resolution 6 appointing the interim city manager that already passed is to 7 allow her to apply for the ,permanent position, and the item will 8 be heard before item no. 10 9 10 Commissioner Palmer thanked Ms. Boutsis for the correction. 11 12 The motion to add an item on the agenda sponsored by 13 Commissioner Birts allowing the Acting City 'Manager to apply for 14 the permanent position, passed by a 4 -0 votes 15 16 Commissioner Palmer: Yea 17 Commissioner Birts: Yea 18 Commissioner Beckman: Yea` 19 Vice Mayor Wiscombe: Absent 20 Mayor Feliu: Yea 21 22 23 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 24 25 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 26` CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION. 27 2.26.11(F), OF THE CODE OF ORDINANCES IN ORDER TO 28 PROVIDE THAT THE TERM OF OPERATION OF THE AFFORDABLE 29 HOUSING ADVISORY COMMITTEE SHALL BE EXTENDED;' PROVIDING' 30 FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT; 31 AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 32 (Commissioner Palmer) 33 34 Moved by Mayor Feliu, seconded by Commissioner Birts to 35 approve this item. 36 37 Mr. O'Donniley presented the item. 38 39 Commissioner Beckman said that what was adopted on first 40 reading was that the term of the Committee shall end on December 41 30, 2006. 42 43 Mr. O'Donniley said that the sponsor 'asked that this new 44 language be considered in lieu of that language. 45 4'6 Ms. Boutsis said that if the Commission agrees with the 47 change in the language that they can go forward with it. 48 49 At this time the Mayor opened the public hearing. REGULAR CITY COMMISSION 7 MINUTES - April 4, 2006 1 2 Sharon McCain said that the term should -be- -two years but not 3 until the work is completed. 4 5 Cathy McCann said that we have many committees that never 6 even end, and we are not going to solve affordable housing in one 7 year. Therefore, why cannot be an ongoing committee just`as other 8 committees that are not active at the present time? She also said 9 that the appointments are for a particular duration, not for the 10 life of the committee. She then questioned who would ;give anybody 11 the authority to change something that the Commission voted for. 12 The Commission voted for the committee to rend on December 30, 13 2006, and that is what should have come back to the Commission 14 for second reading. Nobody has the right to change what the 15 Commission voted on. She said that it is a dangerous precedent to 16 allow something to come back to the Commission on second reading 17 which is different from what it was passed on first reading. She 18 then urged the Commission to allow the Committee to do their 19 work. 20 21 Mayor Feliu said that the Commission did say December 30, 22 2006, and he asked as to how it was changed to "until the project 23 is completed" after the Commission had approved something else. 24 25 Ms. McKinley said that at the last meeting the Commission 26 gave guidance to staff to try and come up with a better language 27 because Commissioner Palmer expressed her concern about the date. 28 29 Commissioner Beckman then clarified that this is a suggested 30 amendment 31 32 Mayor Feliu then asked Commissioner Palmer for her °opinion 33 as to whether the amendment_ reflects what her thoughts were when 34 she asked staff to make the necessary changes: 35 36 Commissioner Palmer said that she really wanted it to be 37 amended for the reason that they have just started to get into 38 things and mentioned some of the things that the Committee is 39 doing; they have looked at the EAR and what they are doing; they 40 have looked at Montgomery County and Goulds = among ,others, they 41 have set goals for the Comprehensive Plan, they have looked at a 42 portion of the inclusionary zoning, density, concurrency, the 43 Miami -Dade Program Ownership, and many others. The Committee is 44 working very hard to bring before the Commission a plan as the 45 result of an extensive research. She said that she sees the 46 necessity to keep this Committee in place for as long as it takes 47 to complete the work. She wants to avoid having to come back to 48 the Commission over and over for the continuation of the 49 Committee. She said that the concurrency ordinance came about as 50 the result of this Committee' looking in depth at it to see how we 51 could use it to our benefit. REGULAR CITY COMMISSION MINUTES - April 4, 2006 8 1 2 At this time the Mayor closed the public hearing 3 4 Mayor Feliu said that the language that they approved on 5 first reading should have been on this ordinance, and then the 6 suggestion should have been brought to the table to amend that to 7 which they agreed to at the last time and amend it formally. He 8 concurred that this is a bad precedent and said that he hopes 9 that this is not repeated. 10 11 Ms. Boutsis said that if the Commission moves forward 12 tonight, the ordinance will correctly reflect the changes by 13 overstriking and the new language by underlining. She explained 14 that this ordinance will require a third reading due to the 15 material changes made on second reading. 16 17 Moved by Commissioner Palmer, to amend page 1, line 41: The 18 Term of the Committee shall be ere –year end en De rexber--3-9-7 2 19 t3;n-le s- extended –b the City Ee. eR, until the project is 20 completed, and the ;members of the Committee shall serve for a 21 two -year term. Seconded by Mayor Feliu, the motion passed by a 4 22 0 vote: 23 24 Commissioner Palmer: Yea 25 Commissioner Birts: Yea 26 Commissioner Beckman: Yea 27 Vice Mayor Wiscombe: Absent 28 Mayor Feliu Yea 29 30 On the ordinance as a whole and as amended the motion passed 31 by a 4 -0 vote: 32 33 Commissioner Palmer: Yea 34 Commissioner Birts: Yea 35 Commissioner Beckman: Yea 36 Vice Mayor Wiscombe: Absent 37 Mayor Feliu: Yea 38 39 40 41 ORDINANCE (S) THIRD READING PUBLIC HEARING (B) 42 43 10 -06 -1878 44 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 45 CITY OF SOUTH MIAMI AMENDING THE LAND DEVELOPMENT CODE' 46 OF , THE CITY OF SOUTH MIAMI BY ADDING A NEW SECTION 20 47 4.1(F) ENTITLED "AFFORDABLE HOUSING CONCURRENCY RESERVE 48 IN ORDER TO RESERVE THE EXCESS RECREATION AND PUBLIC 49 PARK LAND ACREAGE ABOVE THE CURRENTLY ADOPTED 'LEVEL OF REGULAR CITY COMMISSION 9 MINUTES April 4, 2006 1 SERVICE TO BE USED EXCLUSIVELY TO MEET CONCURRENCY 2 REQUIREMENTS FOR AFFORDABLE HOUSING PROJECTS; PROVIDING 3 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; 4 AND PROVIDING AN EFFECTIVE DATE. 3/5 5 (Commissioner Palmer) 6 7 Moved: by Mayor Feliu, seconded by Commissioner Birts to 8 approve this item. 9; 10 Mr. O'Donniley presented this item. 11 12 Commissioner Palmer said that her only concern with this 13 ordinance is having included a provision for annexation, and if 14 that would deplete the concurrency bank. 15 16 Ms. Boutsis said that it would depend on how much the City 17 annexes. 18 19 Mr. O'Donniley said that we are banking this for either 20 purpose, but it takes a specific action by this Commission for 21 assigning for either purpose and that any annexation proposal 22 would come before the Commission with the - measure of where we 23 were on concurrency. 24 25 At this time the Mayor opened for public hearing. 26 27 Cathy 'McCann commended the Commission for bringing forward 28 this ordinance;' on the other hand, she said that unfortunately it 29 does not mean anything because it can be changed at another time 30 by another Commission. 31 32 With no other speakers the public hearing was closed. 33 34 With no further comments or discussion, the motion passed by 35 a 4 -0 vote: 36 37 Commissioner Palmer: Yea 38 Commissioner Birts:' Yea 39 Commissioner Beckman: Yea 40 Vice Mayor Wiscombe Absent 41 Mayor Feliu: Yea 42 43 44. RESOLUTION (S) /PUBLIC HEARING (S) 45 46 36 -06 -12177 47 9. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 48 OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO 49 SECTION 2 0 - 3.4 (B) (4) (b) OF THE ' LAND DEVELOPMENT CODE FOR REGULAR CITY COMMISSION 10 MINUTES April 4, 2006 1 SPECIAL USE APPROVAL TO ALLOW THE EXPANSION OF THE 2 SUSHI MAKI RESTAURANT INTO AN ADJACENT STORE LOCATED 3 AT 5810 SUNSET DRIVE IN THE "SR (HD -OV)" SPECIALTY 4 RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT; 5 PROVIDING FOR AN EFFECTIVE DATE. 4/5 6 (City Manager) 7 8 Moved' by Mayor Feliu, seconded by Commissioner Birts to 9 approve this item. 10 11 Ms. Boutsis swore in speakers 12 13 Mr. O'Donniley presented this item. 14 15 Ms. Boutsis asked each member of the Commission about any 16 ex- part& communications. All members said that they did not have 17 had any. 18 -19 The public hearing was opened. 20 21 Sharon McCain said to disagree with the $10,000 payment. 22 (the tape is inaudible) 23 24 Yvonne Beckman said that she totally agrees with Ms. McCain. 25 26 Cathy McCann said that the $10,000 is wrong because it 27, should be higher because it costs more than that to build a 28 parking space and that is why the provision was put in. She said 29 that a hometown district is supposed to be a combination of 30 retail /restaurants /offices /residential She said that we need a 31 survey to assess the ratio of retail and restaurants we need to 32 come up with a reasonable balance;; too many restaurants bring 33 more demand on parking'., police, and the retail is eventually 34 going to leave 35 36 Regarding the retail issue, Mayor Feliu said that one 37 important aspect is that taxes keep going up and the landlord -38 passes it on to the tenants making it unaffordable. He said that 39 we need to look at it carefully throughout the whole City and 40 find out what other models such as New York City`is doing on rent 41 control 42 43 David Tucker Sr. said that perhaps we should go back and 44 review the Hometown ordinance and what the review committee 45 recommended. 46 47 Bob Welsh said that we need to make our 'downtown windows 48 more interesting, including restaurants. 49 REGULAR CITY COMMISSION 1 1 MINUTES April 4, 2006 1 John E. Smith spoke in support of the applicant for Sushi 2 Maki. He said that the provision for the $10,000 for parking 3 space is reasonable. He then recommended looking at our outdoor 4 dining fee and considering charging per table, per chair, etc. He 5 said not to have any problems with the restaurants that we have, 6 they bring traffic into the area; it would be great if our retail 7 establishments were open later in the evenings 'so that people 8 could do more than _just window shopping. He said that the one 9 deficiency in the area is residential. He also said that the City 10 would benefit from a workshop to look at the Hometown plan'._ 11 12 Luigi Vitalini, representing the applicant said that this is 13 a very small restaurant and that they are just doing this in 14 order to have abetter working facility. He also said that it is 15 important for Sunset Drive to have beautiful storefronts for 16 attracting people. 17 18 Commissioner Beckman said that this is a thriving restaurant 19 and that is what we need. Of course, the big issue is parking, he 20 said. He said that there are a lot of stores in downtown that 21 have been there for a long time and do not have parking and it 22 has been the City's policy to allow these stores to conduct 23 business, rather than be empty, 'while the City tries to make up 24 for that deficit. The same is not allowed for new construction. 25 26 Commissioner Birts said that she worked for years around the 27 area that is being discussed here. She said that what they did 28 was that the employees parked in the back for the day, leaving 29 the extra space for customers. 30 31 Mayor Feliu said that he has been sitting on this dais for 32 several years now and has never heard anybody complain about how 33 they organize themselves. As Commissioner`Birts said, it is up to 34 the property owner as to how they want to manage the parking in 35 the back. 36 37 Commissioner Palmer referred to the second condition on the 38 resolution saying that it seems that there is an ongoing 39 situation of not complying with the outdoor seating regulation. 40 41 Mr. Vitalini said that now that they will be able to expand 42 to the adjacent bay they are going to restudy the outdoor seating 43 and that they will be presenting a plan for approval. 44 45 Commissioner Palmer said that Code Enforcement is selective 46 whereby they seem to forget I certain people and not others. They 47 need to be consistent across the board, and asked the City 48 Manager to follow up on it because we need to make sure that we 49 enforce the law in a fair fashion. 50 REGULAR. CITY COMMISSION 12 MINUTES - April 4, 2006 04/07/2006 03:48 93056687208 CITY OF SOUTH MIAMI PAGE 02/02 va /6 sou S.W. 75hAvanue Miami, Florida 33155 Tel: (305) 663 -6350 • Fax: (305) 669 - 7208 E- Mail: obalogun @dtyofsouthmiami.net Inv owe , W. Allbola Balogun, REM, CFFJ1 Public Works a Englneerkrg gksdor April 7, 2006 Mr. Muhammed M.1-iasan, P.E. Traffic Engineering Division Public Works Department Suite 15;10 111 NW' First Street Miami, Florida 331281970 RE: Request to a:n6ta114 Way Stop at the intersection of SW 63"a Court & SW 66tH Street. Dear Mr. Hasan: Pursuant to the >numerous complaints/ requests from residents to convert SW 63'd Court and SW 66Th Street from a 2 -Way Stop to a 4 -Way Stop intersection, I respectfully ask that the following explanation he considered in lieu of the standard requirements listed for installing Stop signs Due to our intimate knowledge of the neighborhood, a traffic study may not substantiate the required volume to justify proposed street signagc which complies with the Miami. Dade County's traffic calming criteria. however, if we examine it from a safety criterion, I am confident that you will agree that because the area is a residential neighborhood; and in addition many children walk and, play in and around this location, that they are directly exposed to vehicles traveling at speeds which are undesirable; for residential neighborhood streets. Therefore, in order to avoid any potential accidents, please consider our request to install 4-Way Stop signs at the referenced: intersection. We appreciate your continued assistance and should you have any questions, please do not hesitate to contact me. Sincerely, W. A.jibola Balogun, REM, CFFA Public Works & Trlgineering Director Cc: Yvonne S. Mckinley, Acting City Manager Greg Netto, P.r., Fngineering & Construction Manager iVE Rev. David Walker APR 0 7 2006 South Miami CITY MANAGER'S OFFICE All-America City �I r I' 200 l RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 5 COMMITTEES; APPOINTING BRIAN D. BEASLEY TO SERVE ON THE 6 COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR 7 A TWO YEAR TERM ENDING APRIL 17, 2008; AND PROVIDING AN 8 EFFECTIVE DATE: 9 10 11 WHEREAS, The Mayor and Commission recognize the important contributions made 12 by those who serve on the various city boards and committees, and wish to appoint a full 13 complement to each of the active boards and committees; and 14 15 WHEREAS, The City Commission desires to appoint Brian D. Beasley to serve for a 16 two -year term on the Community Redevelopment Agency (CPA) Advisory Board. Appointment 17 shall expire April 17, 2008 or until a successor is duly appointed and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission' hereby appoints Brian D. Beasley to the CRA 23 Advisory Board. 24 25 Section 2. The expiration date of this appointment shall be April' 17, 2008 or until a 26 successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval. 29 30 PASSED AND ADOPTED THIS 18th DAY OF APRIL, 2006 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feliu: 39 Vice Mayor Wiscombe: 40 Commissioner Palmer: 41 Commissioner Birts: 42 Commissioner Beckman: 43 READ AND APPROVED AS TO FORM: 44 45 46 CITY ATTORNEY krlenbc pi 1111) .J 2. Home Address: Lo 15 Z� -A k` 3 Business Address: 15 C> LA A az+ t c Ve. 4. Home Phone No. � J ~ (,co tS Business Phone No. Fax No. 5. E -mail Address: L a b'b cz s to , A oi- . C ,,,m 6. Education Background': h► - On%V. J iltct�wi �w °n s' ^f `Kga i �uC C.a Wxt , tl �l �6nker iY1OL� a5, ,ra kSer ® E SSA V1�u tvl6C Eccze e. --� 7. Community Service: C-A�arei. o��,.�- l evn.e �'it3yw��'Je.Ee..2.i t�r^�a.rn`3 11✓i � '" °i l ;r 6 ri� � � e C_I'Lt f> 8. Are you registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No �✓ 11. Ethnic Origin? / White Non-Hispanic _ African American /Hispanic American Other 12. 1 am interested in serving on the following board(s) /committee(s): AQ Signature A R- Date Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 S"v 1 RESOLUTION NO 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO BOARDS AND COMMITTEES; 6 APPOINTING BRADLEY _ CASSEL TO SERVE ON THE 7 PENSION BOARD FOR A TWO YEAR TERM ENDING 8 APRIL 17, 2008; AND PROVIDING AN EFFECTIVE. DATE. 9 10 WHEREAS, The Mayor and Commission recognize the important contributions 11 ' made by those who serve on the various city boards and committees, and wish to appoint a 12 full complement to each of the active boards and committees; and 13 14 WHEREAS, The City Commission desires to appoint Bradley Cassell to serve for 15 a two year term on the Pension Board. Appointment shall expire April 17, 2008 or until a 16 successor is duly appointed and qualified. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 20 21 Section 1. The City Commission hereby appoints Bradley Cassell to the 22 Pension Board. 23" 24 Section 2. The expiration date of this appointment shall be 'April 17, 2008 or 25 until a successor is duly appointed and qualified. 26` 27 Section 3. This resolution shall take effect immediately upon approval. 28 29 PASSED AND ADOPTED THIS 18' DAY OF APRIL, 2006 30' 31 ATTEST: _ APPROVED: 32 33 34 CITY CLERK MAYOR 35' 36 COMMISSION VOTE`: 37 Mayor Feliu:'' 38 Vice Mayor Wiscombe: 39 Commissioner Palmer: 40 Commissioner Birts 41 Commissioner Beckman 42 READ AND APPROVED AS TO FORM: 43 44 45 CITY ATTORNEY CITY CLERK'S OFFICE CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305.- 663 -6340 South Miami, FL . 33143 Fax No. ` 30S -663 -6348 1. Name: Bradley Cassel (Please print) 2. Home Address: 6790 SW 76`h Terrace, South Miami, FL 33143 3. Business Address: 4. Home Phone No. 305 -667 -0441 Business Phone No. 305- 815 -2942T Fax No. 5. E -mail Address: bwcassel @bellsouth.net 6. Education Background: BA from FIU May 2006 Liberal Studies 7. Community Service: 6 years -- Miami, Dade Water and Sewer Board 1976 -1982 8 Are you a registered voter? Yes _XXX No 9. Are you a resident of the City? Yes XXX_ No 10. Do you have a business in the City? Yes No _XXX 11. Ethnic Origin? White Non- Hispanic_XXX African American Hispanic American Other 12. 1 am interested in serving on the following board(s) /committee(s): Signature Revised 8/02 Date `� 7 �plicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR CS, oury South Miami ' , All- AmedcaCity CITY OF SOUTH MIAMI INCORPORATED • � 1927 ... .OFFICE OF THE CITY. MANAGER C o Rio INTER - OFFICE - MEMORANDUM 2001 To: _ The Honorable Mayor Feliu and Members of the City. Commission Via: Yvonne S. McKinley, Acting City Manager; _From: Eva Rosa, Code Enforcement Manager Date; April 18, 2006 Subject: RESOLUTION RE- APPOINTING ENRIQUE ZAMORA., CAROLYN Y. HOWARD, ESQ. AND 'MAURICE DONSKY, ESQ. TO PROVIDE SPECIAL MASTER SERVICES TO THE CITY OF SOUTH MIAMI FOR A ONE -YEAR TERM COMMENCING ON MAY 7, 2007 AND ENDING MAY 6, 2007. Request: That Enrique Zamora, Carolyn Y. Howard, Esq. and Maurice Donsky, Esq. be re- appointed to provide Special Master services for one -year commencing on May 7 2006 and ending May 6, 2007, or until other successors are appointed by the City Commission. Reason /Need: The City Commission adopted Ordinance No. 6 -03 -1790, abolishing the Code Enforcement Board and establishing a Special Master in an effort to preside over code enforcement, violation hearings. The use of a Special Master has been a cost effective option of adjudicating issues relating to code violations that has proven to be fair and expeditious. Cost: $ 100.00 per hour. Funding Source: Code Enforcement Fines Revenue Account, #001 -0000- 341 -9040 which has a current balance of $34,750.00. CADocuments and Settings \SRothstein \My Documents \Copy of Reso- Ord \Special Master re- appointment 06 -07 (2).doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL MASTER 5 SERVICES; RE- APPOINTING ENRIQUE ZAMORA, ESQ.; CAROLYN Y. 6 HOWARD, ESQ.; AND MAURICE DONSKY, ESQ. AS SPECIAL MASTERS 7 FOR THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; 8 AUTHORIZING EXPENSES TO BE CHARGED TO ACCOUNT #001- 0000 -341 9 9040 ENTITLED "CODE ENFORCEMENT FINES REVENUE ACCOUNT"; 10 ENTITLED "CODE ENFORCEMENT FINES REVENUE ACCOUNT "; AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, pursuant to Ordinance no. 6 -03 -1790, adopted by the South Miami City Commission 14 on March 18, 2003 establishing a Special Master; and 15 16 WHEREAS, the use of Special Masters has proven to be an expeditious, cost effective and fair 17 means of adjudicating issues relating to code violations; and 18 19 WHEREAS, the appointment of Enrique Zamora, Esq., Carolyn Y. Howard, Esq. and Maurice 20 Donsky, `Esq. to provide the Special Master services to the City of South Miami expires May 6, 2006; and 21 22 WHEREAS, the City has been satisfied with their services therefore the City Manager has 23 recommended re- appointing them for another one -year term commencing on May 7, 2006, and ending 24 May 6, 2007, or until successors have been contracted; and 25 26 WHEREAS, the Mayor and City Commission have accepted those recommendations. 27 28 NOW, THEREFORE, BE IT RESOLVED' BY THE MAYOR AND CITY COMMISSION OF 29 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 30 31 Section 1. That Enrique Zamora, Esq., Carolyn Y. Howard, Esq. and Maurice Donsky, Esq. 32 are hereby re- appointed to serve as Special Masters for the City of South Miami at the rate of $100.00 per 33 hour to be charged to account #001 - 0000- 341 -9040, entitled "Code Enforcement Fines Revenue Account" 34 with a current balance of $34,750.00. 35 36 Section 2. Said Special Master services shall remain in effect for a period of one -year 37 commencing May 7, 2006 and ending May 7, 2007, or until successors are appointed. 38 39 Section 3. That Enrique Zamora, Esq., Carolyn Y. Howard, Esq. and Maurice Donsky, Esq. 40 shall be authorized to conduct hearings as may be required in accordance with the City's Code of 41 Ordinances and Land Development Code, the Florida Building Code and the Miami -Dade County 42 Building Code. 43 44 Section 4., This resolution shall take effect upon adoption. 45 46 PASSED AND ADOPTED this day of , 2006. 47 48 CADocuments and Settings \SRothstein.CSM\Local Settings \Temporary Internet Files \OLK9 \Special Master re- appointment 06- 07.doc ATTEST: APPROVED; CITY CLERK MAYOR 1St Reading (for ordinances only) 2nd Reading - (for ordinances only) READ AND APPROVED AS TO FORM: COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer; CITY ATTORNEY Commissioner Birts: Commissioner Beckman: CADocuments and Settings \SRothstein.CSM \Local Settings \Temporary Internet Files \01,K9 \Special Master re- appointment 06- 07.doc RESUME HA-M-E CAROLYN Y. HOWARD DRESS LAW OFFICES OF-C. Y. HOWARD, P.A. 15321 S. DIXIE HWY., #302 MIAMI, FLORIDA 33157 0- (305)255 -3654, F- (305)255 -7386 H- (305)232 -4423 E -mail - cvhoward(c7bellsouth taPt AREAS OF PRACTICE Family Law, Contract Law, Counsel to Small Businesses and Churches Commercial Law, Civil Litigation and General Practice, and Mediation EPLKATION Cotnplefion of many CLE Courses. Completion of Family Mediator Course, 2001. Completion of County Ciro uit Court Mediator Course, 1999. University of Miami Law School = 18 hours toward LL.M in Estate Pl=ing, Howard University Law School, J.D. 1972; Washington, DC top 10 % of class; Howard University Law fournal: Assistant Editor, T3ze Barrister. Howard University, Washington, DC, B.A., Political Science Major., Education Minor 1969, i BAR ADM33IM, The Florida Bar, 1978 United State Supreme Court, 1982 I OTHER JOB EXPERIENCE' Certified County and Circuit Court Mediators, 2001 - Present; Bid Protest Bearing Officer far Metro Dade Counts, 2000 - Present; tlrbitrator, National Association of Securities Dealers, Inc. 1999 - Present; Special Master for the Village of Bal`Harbour, 2001 - 2003; Special Master for the City of Miami Beach, 1995 - 'resent; Special Master for the Town of 5urfside -1 999 - Present; PROFESSIONAL I am an attorney with expertise in personnel, labor, grievance, BACKGROUND administration, and affirmative action areas. 'I am a successful mediator who is able to make success out of havoc Whenever I see a need for harmony, I attempt to get both sides Together. I consider commm cation the key to_solving most problems. I i I azn an organizer and I delegate duties and responsibilities easily to the most capable person. r consider myself to be a leader and a person who is able to fill in any situation and :Hake it successful. Finally, I am creadve and able to get along vdith almost everyona'- all of which is helpful in attaining corporate Legal goals or overall objectives. As an attorney with such expertise, I established a janitorial service in 1993) Howaxd's Professional Services, Inc. Howard's provided jobs for many under- and unemployed and hard to employ persons'. The business was designed to help decrease the unemployment statistics in Miami -Dade County, EDUCATION ERQFES'SIONAII ASSOCIATIONS Admitted to Practice - 'State of Florida, 1978; U.S. Supreme Court, 1902, 2001: Elections Committee Chair, NBA. Various chairs of Church activities. 2000: National Bar Association, WLD- Treasurer, Youth Director, Elections Committee Member, MBA, 1999: National Ear Association, WLD- Trea:siuer, Youth Director, Fee Dispute Committee- Florida Bar. 1998: National Box Association- WLD, Board Member, Youth Director. 1997: Florida Bats Grievance Panel Member. 1996: Church Program - Board of Directors, ?rational Bar Association, WLD, Beard Mertiber, Vice Chair of National Bar Institute,; Youth Director, 1995: Charlie program - Board of Directors, Treasurer- National Bar Association, Women. Lawyers Division Youth Oratorical Coordinator- Florida East Coast Congress of Christian Education Treasurer- Family Division, Vice Chair - National Bar Institute 1994: Parliamentarian - National Bar Association, Chair of Gertrude E. Rush Dinner- stational Bar Association, Youth Oratorical Coordinator- Florida East Coast Congress of Christian Education, Board Member- National Bar Association, Women Lawyers Division, Vice Chair - National I 1 _ i M Bar;lnstitute 1993: Program Chair - `National Bar Association's 58" Annual Convention, Youth Oratorical Coordinator- Florida East Coast CongreSs of Christian Education, Board.Ivlember- National Bar Association, Women Lawyers Division, Vice Chair- National Bar Institute 1992: Beacon Council- Board Member, Vice Chair- National .Ear Institute 1991: CHI Poundation- Board Member, Florida Bar Grievance Committee- Member, President NBA- Women Lawyers Division Dade County Chapter- 1991 -92, 1950: United Way- Panel on Employment and Economic Development, - United Way- Committee on Policy for Volunteers, OreaterMiaml, Chamber of Commerce Lawyers Task Force - Minority Relations, Foard member of POSITIVE, Chair of Elderly Housing Pro gram WTN, Member of Women Involved Now- WIN, Member of Young Friends of Senator Graham, Youth Director of13ethel Baptist Church Youth Ministry, Vice President of National Bar Association- Women Lawyers Division, Fundraising Chair of NBA -W D, Chair, IAA- Convention Committee `93, Member- NBA - Florida Chapter. " SCLC. Member of NAACP. Chair, Metre Miami. Action Plan- Employment Action Committee. Board Member of Metro Mimni Action Plan, American Baptist Churches of the South- Area 4- State Youth Coordinator. Member, Host Committee of ASCOTS. Annual Meeting. Member of Leadership Miarni. IOiTS FEARS Member: National Bar Association: Special Assistant, 1981- 1983,1985- 1989; Special Consultant, 1980 - 1981. National Bar Association Women's Division Greater Washington Area Chapter: Vice President, 1581, Secretary, 1980; and Executive Member, 19'79, 1982. National Bar Association Women's Division,' President 1983- 1985; Executive Board Member, 1985-1989; 2 'd Vice President, 1981,19$0;, Treasurer, 1979, Howard TUniversty National Law School Alumni Association of the Greater Washington, D.C. Area: President, 1981 -83. Howard University National Law School Alumni Association: president 1983 -84. Membe-r of ASPA; and Washington Personnel Association. Nominee for Outstanding Young Woman of America, 1981,,1982, National Bar Association Dade County Chapter: Committee Chair, 1984- 1989; Charter Member, 1984. Florida Chapter National Bar Association. South Dade Chamber of Commerce, Member. SCLC Voter's Registration, Metro Miami Action Plan: Task Force; Metro Action Plan N! Conference Participant; and Chair of Employment action Committee, 1986 -1989. Concerned Citizens of Richmond Heights, Member. Miami's March on Washingon Coordinating Committee, American Baptist Churches of the South (ABCOTS): Youth Mate Coordinator 1998-1999. Bethel Baptist Church: Youth Director, 1987 -1909; Constitution and Bylaws Chair; etc. JOB EXPERIENCi Law Offices of C. Y. Froward, P.A. 1990 to PRESENT Solo Practitioner. 1989 - 191 Four C's Services, Inca - Manager. M9 Partner of Law Offices of Froward & Hargrove, P.A. 1993-1988 IIOWARD °S PROFESSIONAL SERVICES INC. MIAMI, FLORIDA P do President, Accomplishments: As an attorney with labor expertise, I established janitorial services in 1983, Howard's Professional Services, Inc. Howard's provided jobs for many under and unemployed and hard to employ. The business was designed to help to decrease the tutemploytnent statistics. It was sold in 1958. F i �n Coordinated the day to day activities of the Company which included scheduling of employees and contacting Federal, State, County, and Municipal Procurarneatt agencies, as well as, private sectors. The company was a full line janitorial service. 1982 T4 9$3 MCI TELECOMMUNICATIO NS CORPORATION, ARLINGTON, VIRGINIA Position: Affirmative Action Manager Function; Acted as Affirmative Action - Manager for the entire Corporation. 1) Affirmative Actlotx_ last: The Corporation which covers approximately 26 states and has 5,000 employees did not have an AfiirmativeActon Plan; Wrote nine Affirmative Action flans ivhicb were tailored to these particular metropolitan areasi Designed binders for the plans. Coordinated the dissemination of the Plans to the apprapriate management employees. Traveled around the county setting up a formal training program Teaching management about the AAR As a result, M, CI compiled with its legal obligations of establishing an AAP. -d- 2) OFCCP Audit: MCI is a government contractor and therefore, subject to an audit by office of Federal Contractors Compliance Program. Subrr ztted all required documents to Agency. Coordinated the mo weeps on site audit activities. Corrected the deficiencies the Agency identified, As a result, MCI's government contracts and subcontracts which totaled $14 million a year were not adversely affected. 3) EEC Charges: Represented the Company at all Fact Finning Conferences for discriminavion charges. Prepared documents and witnesses for the Conference. Saved the Company money by resolving the charges demonstrating the Company was not guilty of discrimination, 4) Labor Training and Discipline: Vaught Labor courses with the classes lasting 8 hours. As a result, management knew how to avoid and handle discipline or potential discipline problems. In addition, provided labor advise to manager. 5) Affirmative Action Training: Taught courses with emphasis on diserimin4on laws. Designed a Sexual Harassment course. In addition, counseled managers and employees on discrimination Iaws and rights. ` In additions, counseled managers and employees on discrimination laws and rights. 1978 - 1981 CONTINENTAL TELEPHONE SERVICE CORPORATION MER.R (FIELD, VIRGINLA Positions Bm2lo ee Administrator; 1976 - 1981; Personnel` Director, Eastern Region, 1979 1981. Mg-dons, Acted as personnel director for the Eastern region after beginning as an administrator with responsibility for labor, safety, and salary administration. Included: 1) development of personnel philosophies, policies and procedures; 2) compliance with Federal and State laws.; 3) affirmative action; 4) maintenance q: f einployee benefit program; 5) position descriptions and evaluations; 6) management training and development; and 7) overall management of the operation, 1) Contract Settlements: Tn seven division and 14 unions there was no continuity of contracts. Made sure that each division had a copy of all 14 contracts, kept contracts current, and designed aprogram which promoted uniformity of benefits and working conditions, 1 2) Labor Trairin and Discipline. Formed a labor circular which was approximately three days long. Taught misii -labor courses with the classes lasting', 4 -5 hours. As a result, n agernent knew how to avoid and handle discipline or potential discipline problems. In addition, provided labor advice to managers. Prior decisions had resulted in wildcat strikes, arbitrations, grievances and law suits. By providing a'willingness to answer labor questions, morale unproved and costs in manpower responding to crises was d.- creased, 3) Legal Research: R 'searche.d all legal issues regardless of significance, and encouraged managers to seek ads7ce on legal issues. Saved the company money by avoidance of external attorney . costs and the managers got concise answers on their problems. 4) _Arbitrate ns: Meted as an advocate for the company in arbitrations in 1981 where previously cases had been sent to outside coun,5el. Resulted in savings in legal casts Mth adequate legal representation internally. 5 �s1 ) S ary Information: At the start, salary data for the region was not current. Obtained data from all Division Personnel Tanagers coordinating approximately forty (40) different schedules. Provided access to information for comparisons, surveys and rate cases, 6) Job Qescz tions: Only 30 descriptions existed for 450 management jobs. Completed descriptions for over 300 jobs providing uniformity for position no matter where it was Iocated geographically. 7) Safety: 'There was no stress on safety in the region. Created (a.) safety bumper stickers (b) safety posters (c) safety films (d) the issuance of safety novelties, and (e) held safety classes, Accidents were reduced, and the employees became safety conscious. 1971-1078 UNITED' STATE DEPARTMENT OF AGRICULTURE WASHINGTON, D, C. Positions; Attarnev. Office of the General Counsel Electric and Telephone Division. F tions: Reviewed title research, wrote and reviewed leases, _6. i mortgages and loans contracts and provided daily contract acrd Act Interpretations to the Rural Electrification Agency, Effectively acted as "In-House Counsel" for the members of the Agency in the Southwest District, mainly Louisiana and liew Mexico. Informed the members whether certain documents attached to a loan and/or mortgage contract were recorded in compliance with state laws, 1 Case Rackloa: At the start, the district had a severe backlog of about 40 cases due to the need for another attorney. .By the time that I left, the cases %yere up to date. Once up to date it was passible to check the documents before the borrower had violated the law or lost money. 2) Internal Comm=icaiion: There was not any avenue for departmental employees, paralegals and secretaries to vent their frustration. get up a weal -ply meeting regarding status of work and giving them a chance to complain. Morale improved and productivity increased, and most of all employees felt that someone cased. 3) BriMfFreyaragop; At the star, the Justice Department had just filed an Environmental Protection case. It was policy that because it was a Department of Agriculture case that departmental counsel would prepare the brief. Personally prepared it so that it was Bled on time. 1973-1977 . ATIONAL AIRLINES, INC., MIAMI, FLOPJDA Positions: Labor Relations Analyst2epresentatiye Functions: Principal duties were to research employment contracts to negotiate employment' contracts and to advocate arbitration cases. Reviewed airline surveys, labor reports and computer statistics as preparation for each contract, Compiled tables and work product for each proposal. Worked with the company's seven unions. Advised managers on day -to -day labor questions and/or problems, and suggested appropriate disciplinary action for employees. 1) Grievance Reduction: At the beginning them were 400 grievances filed a year, and at least 160 went to arbitration. Built a rapport witlx the union stewards allowing settlement at a lower level. Four (4) years later only 40 cases went to arbitration, and overall with the identification of problems grievances were reduced from 400 to , { L E about 100. 2) Discintine Adminis'rati ; The company had 33 -36 stations each with a manager who made decisions, imposed discipline, denied grievances and than called for advice. Built a rapport with managers, received their respect and then their calls came before the action. Eliminated many problems and improved employees morale. ' 3) Unlon/N4anagement Relationship: The Federal Mediation and Conciliation Services offers a'program entitled " Relationship by Objectives." It is designed to create positive relations between management and the union. Acted as a troubleshooter on this program; for all stations and it resulted in improved commur3icatiazts 4) Contract Negotiations: Negotiated a labor pact with the ALFA. This pact limited the number of contract openers, provided a time frame for riego# ation., mandatory mediation and arbitration. . Resulted 9.n alleviation of a strike and consequently great savings. 5) Az °hitration Cases: The company had many such cases, both ALFA and F/A cases. Prepared, presented wrote briefs and wan these cases greatly beaefitting the company and eventually cutting the number of cases. PRIOR POSITRONS University of Iyfianu. Coral Gables, Florida, Professor of Business Law, 1973. Taught Business Law for four (4) classes of undergraduate students. Florida Rural Legal Services, Homestead, Florida., Attorney, 1972 to 1973. Wrote divorces, adoptions and ]cases for clients from rural areas. Prepared documents and affidavits for court cases. Aided clients in their daily encounters with landlords, creditors and debtors. Attorney General Robert Shevin, Miami, Florida, Attorney, 1972. Wrote appellate brief for the State of Florida. Howard University. i3rashington, D.C., Graduate Assistant, ? 970/1972. Performed various tasks in the Department of Romance Languages. Redevelopment Land Agency, Washington, D.C., Law Clerk, 1971. Performed various legal tasks, Department of health. Education and Welfare, Washington, D.C., Coordination of summer Interns!, 1970. Coordinated summer work of the departmental interns. REFERENCES Available upon request. .go a ENRIQUE ZAmoRA, ESQ. 10 N.W. Lelaine Road, Lefeune Exec. Bldg., Suite 600 Miami, Florida 33126.305- 476 -8770 LEGAL EXPERIENCE ZAMORA & HILLMAN 10 N.W. Lefeune Road, Suite 600, Miami, Florida 33126 - 2001 to present Areas of Concentration: Probate & Guardianship administration, litigation and mediation, Elder Law, Estate Planning, and related litigation; Real Estate. LAW OFFICES OF ENRIQUE ZAMORA 1102 Ponce de Leon Blvd., Coral Gables, Florida 33134 - 1997 to 2000 Areas of Concentration: Probate & Guardianship litigation, Elder Law, Estate Planning, Corporate, Contract and Business Law and related litigation; Real Estate. PEREZ- ABREU, ZAMORA, HILLMAN & MARTIN- LAVIELLE, PA 901 Ponce de Leon Blvd., Suite 502, Coral Gables, Fl 33134 - Founding Partner, 1987 to 1997 Areas of Concentration: Probate & Guardianship litigation, Elder Law, Estate Planning, Corporate, Contract and Business Law and related litigation; Real Estate. SOUTHERN GENERAL LIFE INSURANCE COMPANY 4950 SW 72nd Avenue, Suite 201, Miami, Florida 33155 General Counsel, October 1985 to December 1987 LEGAL ACTIVITIES Special Master for the City of Miami Beach President and Director of the South Florida Guardianship Association Certified civil mediator Court Appointed Attorney: Ad -Litem for Cuban National Heirs, 11th judicial Circuit of the State of Florida, Dade County- Probate Division Member of the Guardianship Law Committee of the Florida Bar TEACHING ACTIVITIES Miami -Dade Comm. College- Professional Guardianship Prgm -1998 to date. Lead Instructor & Planning Committee Chair of the 40 -Hour course for Professional Guardians University of Miami Koubek Center - September 1989 to 1998 SCHOOL OF CONTINUING STUDIES Adjunct Professor of Business Law Florida National College -lidy 1986 to 1996 Professor of Paralegal Program Responsible for teaching: Trusts & Wills, Business Law, Real Estate and Introduction to the American Legal System Ei�ivAItS PRESENTATIONS Probate Litigation- Speaker " This seminar was presented by the "Put Something Back" Program in conjunction with the DCBA Probate Committee- December 2002 Medicaid and alder Law Issues in Florida- Speaker Offered by Lorman Education Services - November 2002 Procedural and Probate issues in Wrongful Death Cases- Speaker Offered by Lorman Education Services - September 2002 Guardianships: How to Help- Speaker City of Miami Beach's Office of Elder's Affairs- May 2002 Depository Account- How do they really work ? - Speaker Presented by the Academy of Florida EIder Law Attorneys May 2001 US /Cuba Alternatives for the View Administration- The Legal Issue - Speaker Presented by St. Thomas University School of Law- February 2001 Baker Acts - Speaker Presented by the Florida International University School of Nursing - January 2001 Ethics in Guardianship- Speaker Presented to the Florida State Guardianship Association Conference - August 2000 Probate Litigation - Speaker This seminar was presented by the "Put Something Back" Program in conjunction with the DCBA Probate Committee -April 2000 EDUCATION UNIVERSITY OF MIAIYII - SCHOOL OF LAW CORAL GABLES, FLORIDA JuRls DOCTOR DEGREE 1985, Cum LAUDE - May 1985 FLORIDA INTERNATIONAL UNIVERSITY MIAMI, FLORIDA MASTER OFBusmssADMINISTRATION, 1975 MASTER OFSGTENCE INMANAGEMENT, (Accounting & Taxation) 1981 .7ERS�i"Y OFF ORIDA GAINE5vILLt; FLORIDA BACHELOR OFSCIENCE INELECTRICAL ENGINEERING, 1971 MAURICE EDWIN DONSXY 440 Rovino Avenue Cor2J Gables, Florida 33156 14 Almeria Avenue (305) 657 -5440 Cord Gables, Florida 33134 (305) 632 -3040 Fax: (305) 669 -55fm Fes.. Mam'ed to .a r -ra: t-wo child'-ell-'Sharon-31 and Brian-22, College: Clark University, Worcest er,' ,� 19-58-1962 B.A. 1-aw School: Rutgers Law Schaal Psychology , Newark, NJ.. 1962 -1:965 Mama United States Navy - 1965-19 Cianr�ra�mn�r Law Offices Maurice F- Donsky Coral Gables, FL. 1981 -2001 Mediation of Civil Lawsuits Florida Supreme Court Certif'cation in Family, Co atnty an 995- 1 ,curt Civil matters Coral Gables Ticket Hearing Officer Responsible for administrative determination of code � -2�I Coral Gables. Violations include the C enforcement violations in the City of County -Code, South Florida Code. Code, the City Zoning Code, Miami bade holding hearings and assess fl-003 against v oIators t Hearyng U#'fceris responsible far Village of Pine rest SPecial Master and Ticket Hearin,, Officer a .1999 -2001 Responsible for admin istrative determination of Cade enforcement Of Finecrest. In .view of the fact that the Village of Pinecre violatrons in the Village Enforcement Board (CEB) the Special st does not have a Code code enforcement violations; Village ofd ter acts as a CEB. The S l�al Master hears all South Florida Building Code. Est Ordinance' Miami Dade County Code and, s The Special Master hears'Code violations, orders Code CrnnpIanee and issues fines for violations. t F G n soup South Miami AlftNftft • Nd�PQ CITY OF SOUTH MIAMI 7927 '. p RHO A OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM - 2001 Agenda Item # To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: Alan Ricke Parks and Recreation Direct Date: April 18, 2006 Subject: Installation of 12' X12' Pavilion at Brewer Park -- LWCF Grant Program Resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $14,319.65 TO CONTRACT CONNECTION, INC. FOR THE INSTALLATION OF A PICNIC SHELTER AT BREWER, PARK; TO BE CHARGED TO THE BREWER PARK LWCF GRANT MATCH ACCOUNT NUMBER 001.0000.219.3521 AND THE LAND AND WATER CONSERVATION FUND (LWCF) GRANT: ACCOUNT NUMBER 001.0000.131.1461; PROVIDING AN EFFECTIVE DATE Request: The Parks and Recreation Department was awarded a grant by the Florida Department of Environmental Protection (DEP) through the Land and Water Conservation Fund (LWCF) to fund improvements to Brewer Park. The planned improvements include the installation of a new 12' X 12' Poligon shelter. The design of Brewer Park, along with this equipment and other park amenities was discussed at the July 26, 2005 Environmental Review and Preservation Board meeting. Reason /Need This shelter will provide park visitors with a'place to sit out of the elements while their children play on the new playground equipment, or to enjoy a small family picnic. Cost: $14,319.65, accessing City of Jacksonville, Florida Bid # SC- 0549 -03,' which includes the installation of Poligon equipment. Funding Source: Funding is provided in the Land and Water Conservation Fund (LWCF) Grant Account number 001 .0000. 131.1461 with a current balance of $32,962.08 and the Brewer Park LWCF Grant Match Account number 001.0000.219.3521 with a current balance of $10,000.00. Backup Documentation: Draft Resolution Contract Connection, Inc. Quotation City of Jacksonville, Florida Notice of Bid Award Photograph of Brewer Park Shelter I Page 2 of 2 I ^ - 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE 5 $14,319.65 TO CONTRACT CONNECTION, INC. FOR THE INSTALLATION OF 6 A PICNIC SHELTER AT BREWER PARK; TO BE CHARGED TO THE BREWER 7 PARK LWCF GRANT MATCH ACCOUNT NUMBER 001.0000.219.3521 AND THE 8 LAND AND WATER CONSERVATION FUND (LWCF) GRANT ACCOUNT 9 NUMBER 001.0000.131.1461; PROVIDING AN EFFECTIVE DATE I I WHEREAS, the Parks and Recreation Department has received grant funding through the Florida 12 Department of Envirom-nental Protection's Land and Water Conservation Fund (LWCF) for improvements to 13 Brewer Park; and 15 WHEREAS, one element of the improvements project is the installation of a 12' X 12' shelter; and 17 WHEREAS, Contract Connection, Inc. is the equipment manufacturer's local installer and has been 18 awarded a bid by the City of Jacksonville, Florida titled "Price Agreement Contract for Park and Playground 19 Equipment"; and 21 WHEREAS, The City Charter provides for the City to make purchases through other governmental 22 agencies that have followed similar bidding procedures to the City's. 24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF'SOUTH MIAMI, FLORIDA THAT: 27 Section 1. The City Manager is authorized to disburse $14,319.65 to Contract connection, Inc. 28 for the installation of the 12' X 12' shelter at Brewer Park. 30 Section 2. The payment in the amount of $14,319.65 will be charged as follows: $10,000.00 to 31 the Brewer Park LWCF Grant Match Account number 001.0000.219.3521 with a current balance of 32 $10,000.00 and $4,319.65 to the Land and Water Conservation Fund Grant Account number 33 00 1.0000. 131.1461 with a current balance of $32,962.08. 35 Section 3. This resolution shall take effect immediately upon execution. 37 PASSED AND ADOPTED this day of 2006. 39 ATTEST: APPROVED: 42 CITY CLERK MAYOR 44 Commission Vote: 45 READ AND APPROVED AS TO FORM: Mayor Feliu: 46 Vice Mayor Wiscombe: 47 Commissioner Palmer: 48 CITY ATTORNEY Commissioner Birts: 49 Commissioner Beckman: Sent By: CONTRACT CONNECTION; 9549250800; Mar -9-06 5:05PM; Page 1/2 tract tion Inc. Quote No 2{IQ005TS36 PO BOX 848254 Version No 4 Pembroke Pines, Florida 33084 -0254 Quote Data 0310912008 Voice: 954 - 925 -2800 Fax: 954-92"800 Today's Date 03109/2006 Salesperson Scott Krohn 504 South 2nd Street Entered By Scott Jacksonville Beach, Florida 32250 Ship Via Best Way Voice: 904- 249 -5353 Fax: 904- 249 -8177 Factory Poligon I W.H. Porter` Inc. QUOTE TO: JOB NAM9. City of South Miami Palmer Park Parks 5 Recreation City of South Miami 0134 Sunset Drive South Miami, FL 33143 South Miami, FL 33143 Attn: Doug Balker Attn: Doug Baker Phone: Phone: 306 -663 -631`9 Fax: 305-669-1266 Vendor Catalog Description Quantity Unit Price Discount Amount Poligon- Sa124M Square Shelter 1448F w/ Metal Roof 1 $5.979.68 5.00% $5,680,70 Poligon- Powder Powder Coated Framework 1 $0.00 0.00% $0.00 Poiigon- Drawings Seated Engineering Drawings & Calculations for 1 $1,250.00 0.00% $1,250.00 shelter only DrPlay- ConcreteF1 concrete footings each 4 $600.00 0.00 11/4 $2,400.00 DrPlay- Excavate Excavation / Disposal persquere foot (10 cu yds 270 $1.25 0.00 %v $337,50 127 =270 sf) Price protected for 30 days. FOB destination. Shipping 1012 creeks. Prices Material Subtotal: do not include :electric, plumbing, relocation or repair of underground Tali: utilities, landscaping, repair of sad damaged during construction, Installation C r9sa temporary chain link construction fence, OC of record tees. building permits and related fees, special class 2 permits, concrete slab, concrete Freight: walkways, lightning protection, site furnishings. Pricing per City of Other, Jacksonville Sid # SC4548 -02 Phase Remit All Payments to Pembroke Pines Office Office: 30 Tax Exampt:; Yes Credit Report Required: No Payment tercels: Net 30 Days On the first day of such month,, Invoices over 31 days old are subject to a service charge of 1 1128A per month. Signing and accepting the Quotation above also acknowledges acceptance of this interest. Approval and acceptance of this proposal may be executed by signing below and faxing back to the office checked above. (issuing Officer) !Company; I , Date. Authorized purchaser: Title. Page 1 °f 2 OfPc+as Ira. Jacksonville Beach, ft. Lauderdale, Tsmps, Orlando, Pensacola, Naples, Atlanta, Melboarls Sn West Palm Bach Sent By: CONTRACT CONNECTION; 9549250800; Mar -16 -06 5 :13PM; Paige 4/5 0611L12k35 e8:,26 9@42498177 CONTRACT CONNECTION PAGE 01/01 DEPARTMEN'�' OF 'P O CUREMEN NO FICATION OF AWARD AND RtL TED ACTIOPt� DATE; 5111d005 AI)y)RFS5: ControCt ConnectlOn, Inc - Attw, Todd B. Krohn rso4 South 2nd Stmt Jacksonville Bsach, FL 32250 BID# SC4549 -03 TITLE' PRICE AGREEMENT CoNTEtACT FOR PARK AND PLAYGROI ND Et�E�IF'Nl6P1i `` Ladi�tlGentlertieo: tai you are a sstecesafitl biddi a ®n the abuvc referenced bid. Bid is accepted subject to the terms, conditions and stipulations is c+ttr sPecif cations. p�rfformance Bond in the ara►ount of,$ _ (us required ir: the l^ original bid package} must be retumcd within In days from bond if this notification. (P'lea'e include bid numbRr OR P�fnrmanec pranrd rerr�irtartcc CONTI_ZAC -r 8?OCUMENT5 Olt PURCI.IASF, OR8)ER To P'i?t.L0 *. THIS IS NOT AIV ORDER, Awarded as f011oaw: 31, 2006_ 2nd and R"91 RO"w el �pllw+• ,tune 01, 2005 through FdtsY i 1 you are not a sucee;ssful bidder. Bids art available for inspection in the Department Of Procureme')" ..� Amount Bid security is herewith returned; Check # Sincerely, SANDY VElRELL St. Jmmet City nIN11.117 west Dnvst Strw, Suite t35 ,Iack$Onvtlle, Florida 32202 phone: (ge,1430 21Wd fix: (904)630.2151 FORM GO-' 9n, Rev' -%c,1 1212W uvM1 m Sent By: CONTRACT CONNECTION; 9549250800; Mar -28 -06 4:32PM; Page 718 Contract onnection inc, FACTORY REPRESENTATIVES & DISTRIBUTORS BID NO.' C- 0549 -03 Price Agreement Contract for Park and PlaYground Equipment iddertManufacturer Catalogs: Fixed ;percentage discount i Manufacturer Discount off List Price Installation American Ramp Company 2 %fl ---- -- 0% American Rubber Technologies 5% 30% Aqua Control 1% 34% BCI Burke Company, LLC 8°% 30% Border Patrol 5 °IQ 35% CCI Custom Products 50/0 30% CSSI 5% ° Clrlex,; Inc. 30 la EME Modular Structures 2 °l0 30°/a Fido Course 5% 0 0l6 Field Turf 1% 2 per sq ft Fundieio' ou'ctil Benito 5 0k 30 °l0 Games & Sports 5% 0 °la *GE Sports lighting 2% Call Groundscape 5% 30% , GT Grandstands 2% 30°ia *Hubbell sports Lighting 2% Cat! Industrial Shadeports 5% 409'® International Terra Cotta 5 °l0 300/0 Kay, Park Recreation 16% except motorized bteschers 30°Ya K8y Park Recreation -- Motorized Bleachers 5% 31.1° /6 MOO The Molding Company 50/0 35Q /o Most be ridable Fountains 2 °/® 35% Murd lc Fountains 2°% 35 °/4 Plastic: l.utnber Company 2% 35 °/, Putt Athletic Mfg. Co. 590 35% Ru6be iftic! Mulch 3 % 31 °Io Safety Net Surfacing 5% 35°ia Shade IConnectidn 5% 40% Shadei,Systems Inc a% 40 °I Sol' Fall lnce 5°<ro 300/. SO! Surfaces '15fl /o 40 °la Sport court 5% 35 °/a Sportsplay 16%°_ 40°% CI� Fr, LAuowoALE _ �Ye cittice's in Florida, Georgia, Alabamst, AZKS aL 0fiVCLCF 2651 Polk Street datih &Soth c2rolte, fltd Mississippi 504 S. 2nd. Stm At Hollywood, FL 33o20 PO. Sox W254 Jacksonville abach, Ft.3?.25a (95K 925 -2800 - PAX (954) 925 -000(} Pernhmlra Pine 6t MWO Sent Sy: CONTRACT CONNECTION 9549250800; Mar- 26 -06~ 4;32PM; Page 618 Bld NO SC -0549 -03 Pace Agmement Contract for Park Playground Eoulprment page 2 Manufacturer Discount of List Price Installation Superior International industries 10% 40% Urbeco, USA, 2% 40% Ultra Play 160/0 40 % Victor Stanley 5 °!a 25% Wabash Valley Mfg. Co. 5 0l0 25 °!® WaLer Play- 5 0/1 85 °fo H Porter/ Pali on 5°%a 45 °!Q Wood Shelters, LLC. 5 °�� Zeager Bras- Inc. 15 °lc 30% Additional Installation Options: Concrete $3.50 -$5.00 per sq ft Sidevwalks $3,5045.00 per sq ft Concrete Footings $250.00 - $854.00 per Footing Site Work $1.25 per sq ft Excavation $1.25 per sq ft Drainage System $100 - $5.00 per sq ft Removal of Existing Equipment 251/6 of original cost of equipment Sod $.25 per sq ft Sod Removal $50 per sq it Field khting $10.00 - $20.00 per sq ft Engineered Drawings $250.00- $850.00 Culvert call for pricing Fencing (4" Chain ink) $20.00 per In ft Acrylic Skate Surface > $1 M - $3.00 per sq It Asphalt Surfacing $2.40 per sq ft Sub Base $1.25 per sq ft' (4` ® 6" compacted crushed stoned ' Striping Minimum $850.04 185`85' Hockey Rink $.54 per sq ft Basketball Half Court $1,800.00 `Please Note., For Sports Lighting installation must be done by a certified electrical contractor. o Sourer South Miami 1A N 0Amerlca NY • INCORPORATED CITY OF SOUTH MIAMI o 27 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM - 200' To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: April 18, 2006 Agenda Item No.: Subject: Authorizing the City Manager to execute grant agreement with South Florida Water Management District for $475,000` Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT ` OF $475,000 WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR ' WATER DISTRIBUTION SYSTEM IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE Request: Authorizing the City Manager to execute $475,000 grant agreement with South Florida Water Management District. Reason /Need: To provide drainage improvements Citywide. Cost: $325,000.00 Funding Source: Grant will be matched by Storm Water Drain Trust Fund, People Transportation Tax Fund, Local Option Gas Tax Trust Fund & other grants Backup Documentation: Ll Proposed Resolution 0 Grant Agreement with South Florida Water Management District WMW I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 EXECUTE A GRANT AGREEMENT OF $475,000 WITH SOUTH FLORIDA` 6 WATER MANAGEMENT DISTRICT FOR WATER DISTRIBUTION SYSTEM 7 IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE 8 9 WHEREAS, the Mayor and City Commission wishes to accept grant from South Florida Water 10 Management District- (SFWMD); and 11 12 WHEREAS, the agreement is intended to award the city $475,000 grant to provide drainage 13 improvements citywide. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 16 THE CITY OF SOUTH MIAMI, FLORIDA THAT; 17 18 Section 1. That the Mayor and City Commission authorize the City Manager to execute a 19 $475,000 grants agreement with South Florida Water Management District. 20 21 Section 2. The attached agreement is made a part of the resolution. 22 23 PASSED AND ADOPTED this day of , 2006 24 25 ATTEST: APPROVED: 26 27 28 CITY CLERK MAYOR 29 30 31 32 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 33 Mayor Feliu: 34 Vice Mayor Wiscombe: 35 Commissioner Palmer: 36 CITY ATTORNEY Commissioner Birts: 37 Commissioner Beckman: 38 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO.OT060205 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF SOUTH MIAMI THIS AGREEMENT is entered into as of the by and between the South Florida Water Management District(DISTRICT) and the City of South Miami (CITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the CITY to provide Citywide Stormwater Drainage System Improvements; and WHEREAS, the CITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the DISTRICT at its April 12, 2006 meeting, approved entering into this AGREEMENT with the CITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: L The DISTRICT agrees to contribute funds and the CITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for improvements along 62 2 °a Terrace, 63` Street, 63`a Terrace, , and 76th Terrace (Phase 1); and along 84b Street, 85th Street, 58h and 591i Avenue (Phase 2). 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of Six (6) Months. 3. The total DISTRICT contribution shall not exceed the amount of Four Hundred Seventy -Five Thousand Dollars and No Cents ($475,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B ", which is attached 'hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $475,000.00. In no event i Agreement No. OT060205 -Page l of 5 E E 7 , '; shall the DISTRICT be liable for any 'contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT' will notify the CITY in writing after the adoption of the final' DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The CITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The CITY shall report and document the amount of funds expended per month :during the quarterly" reporting period and the AGREEMENT expenditures to date within the maximum '' not -to- exceed ` AGREEMENT funding limitation. , 5. The CITY shall cost share in the total amount of (N /A) in conformity with the laws and regulations governing the CITY. 6.' All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The CITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit" `A" shall be under the direction of the CITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date of the AGREEMENT, unless authorized through execution of an amendment to cover succeeding periods. 7. The CITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive' process required by Florida Statutes. The CITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The CITY agrees to be responsible for the fulfillment of all work elements included in' any `` subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the CITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the 'other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A" Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce,' modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the CITY under this AGREEMENT shall be deemed to be the property of the CITY upon completion 61 f this AGREEMENT. The CITY shall retain all ownership to tangible property; 9. The CITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the CITY and the officers, employees, servants and agents thereof. The CITY represents that it is self - funded for Worker's. Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the CITY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the CITY subcontracts any part or all of the work hereunder to any third party, the CITY shall' require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by'',the CITY. Any contract awarded by the CITY shall include a provision whereby the CITY's subcontractor agrees to indemnify, pay, on behalf, and hold the DISTRICT harmless from all damages arising in connection with the CITY's subcontract. Agreement No. OT060205 -Page 2 of 5 10. The 'CITY `and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the CITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The CITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the CITY, upon request, as to any such laws of which if has present knowledge. 14. Either party may terminate this AGREEMENT at any for convenience upon thirty ' (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the CITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The CITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the CITY assert any exemptions to the requirementsof,Chapter 119 and related Statutes, the burden of establishing such exemption,' by way of injunctive or other relief as provided by law, shall be upon the CITY. 16. The .CITY shall maintain records and the DISTRICT shall have inspection and audit rights below The CITY ; shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The CITY shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT., B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the CITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the CITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: Agreement No. OT060205 - Page 3 of 5 „ P,- ..., -..,, .� -,,n-- 3.- :- �rnmr-^ .T,gs »°r. ,+..,tea• ,,, ,,z�,., 'mc .a.<.a' '..', ��r ^r:Y?-'Th"'- M.31T,'ta"� T+F�:'.,i f3.u�3'£ ;.,,�Z;�i'',�`�,e� Tom., +�.`;m'.^" 'x e,?S.v- - wf: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the CITY as set forth in Exhibit "C ". The CITY shall maintain all financial /non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA)'or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General 'and/or federal awarding agency shall have the right to examine the CITY's financial and non - financial records to the extent necessary to monitor the CITY's use of state or federal financial assistance and to determine whether, timely and appropriate corrective actions have been taken with respect to audit findings and recommendations" which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Name of Local Governmental CITY Attn: Evan Skornick, REM, Project Manager Attn: Ajibola Balogun, REM,' CFEA, Telephone No. (305) 377 -7274 ext. 7260 Telephone No. (305) 663 -6350 Attn: Rupert Giroux, Contract Specialist Address: Telephone No. (561) 682 -2532 6130 Sunset Drive South Miami, FL 33143 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 19. CITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT'' representative.' This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT maybe amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, CITY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve Agreement No. OT060205 ='Page 4 of 5 the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non- binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs l — 24 (b) Exhibit "A" Statement of Work; (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Carrie Hill, Interim Procurement Director' SFWMD PROCUREMENT APPROVED By:/ Date: CITY OF SOUTH MIAMI By Title. Agreement No. OT060205 - Page 5 ' of 5 EXHIBIT «A„ STATEMENT OF WORK CITY OF SOUTH MIAMI CITYWIDE STORMWATER DRAINAGE SYSTEM IMPROVEMENTS 1.0 INTRODUCTION The City of South Miami (City) Project is partially funded by Fiscal Year 2006 and 2007 Ad Valorem funds collected by the South Florida Water Management District. These funds are administered through the District and dispersed and managed at the local level: The City is located within the southeastern portion of Miami -Dade County and is roughly bounded by Bird Road (SW 401h Street) to the north, Kendall Drive (SW W' Street) to the south, SW 69th Avenue to the west and Red Road. (SW 57th Avenue) to the east. The City's existing drainage system consists primarily of roadside inlets - connected to outfalls located throughout the City. ` The majority of the system was constructed several years ago, and in some cases, the outfall structures are no longer discharging, or are undersized for the volume they are expected to handle. The non- upgraded portions of the system provide poor levels of flood protection and provide virtually no treatment of storm runoff. This undesirable scenario potentially tends itself to short and long term flooding conditions within the City. These deficient conditions, added to the characteristics of a flood high risk area due to the proximity of the City to Biscayne Bay, justify the need for an upgraded system. The City has recognized this fact and has developed a plan for proceeding with "proposed upgrades to the system, including this project. Additionally, the City is a participating member of the Miami -Dade County Local Mitigation, Strategy. 2.0 OBJECTIVE The objective of the Project is to improve stormwater drainage in the City by providing an upgraded drainage and treatment system for the geographic areas described in Section 3.0. The Project will provide for improved flood protection while maximizing water quality treatment of storm runoff prior to discharge through typical treatment methods and best cost effective available technologies to meet the requirements of the National Pollutant Discharge Elimination System (NPDES) permitting program. All improvements to be undertaken as part of this Project are described in Section 3.0 of this Statement of Work.' 3.0 SCOPE OF WORK The City will retain a consultant to provide the professional services needed to complete the stormwater drainage system improvements. The steps to be taken in the planning, design and construction, as applicable per project, are set forth below. However, responsibility for carrying out all tasks under this Scope of Work shall reside with the City. The City shall be responsible for the satisfactory completion of all work under this Statement of Work. This Statement of Work will focus on activities within two separate phases whose' geographic locations are set forth as follows: Page 1, Exhibit "A", Statement of Work, OT060205 , .......... Phase 1: Improvements will take place along the following main roadways: • SW 62 °d Terrace (from SW 62 °d Avenue to SW 60th Avenue) • SW 63rd Street (from 62 "d Avenue to SW 60th Avenue) ; • SW 63rd Terrace (from SW 62 "d Avenue to SW 60th Avenue) • SW 76th Terrace (from SW 58th Avenue to Cul -de -sac east) Phase 2: Improvements will take place along the following main roadways: • SW 84th Street (from SW 57th Avenue to SW 62 "d Avenue) • SW 85th Street (from 57th Avenue to SW 60th Avenue) • SW 58th Avenue (from SW 84th Street to SW 85th Street) • SW 59th Avenue (from SW 84th Street to SW 85th Street) For each Phase listed above, the following tasks shall be undertaken: Task 1: 'Preconstruction Activities Task 2: Construction Activities The Project will meet the regulatory requirements of all government agencies with permitting jurisdiction. 4.0 WORK BREAKDOWN STRUCTURE At the end of each task, the City shall deliver one (1) hardcopy and one (1) digital copy of the task deliverables to the District. The District shall distribute the copies to the Florida` Department of Environmental Protection for its information and use and shall hold a copy for the use of the Local Mitigation Strategy (LMS) Steering Committee. The City shall also provide a summary of the project including estimated cost to the District upon completion of Task 2: The City is responsible for project management, budget management and quality control. The City is responsible for reviewing and approving deliverables from the consultant to ensure that the project objectives are met. Phase 1. This portion of the project shall take place within the geographic area as defined in Section 3.0, and shall include or exclude streets or neighborhood sections as noted: Task 1: Preconstruction Activities • Data Inventory (Onsite & Record search) • Preliminary Layout/Design • Survey • System Design/Preparation of Design Specifications' i • Design Plans Permitting Task 2: Construction Activities • Construction Plans Bid • Construction Plans Permit • Construction Activities & Close -out Page 2, Exhibit "A ", Statement of Work, OT060205 Deliverables: Summary Report - including submittal of 100% Design Plans, Monthly Construction Progress Reports and As -Built engineering plans. Phase 2. This portion of the project shall take place within the geographic area as defined in Section 3.0, and shall include or exclude streets or neighborhood sections as noted: Task 1: Preconstruction Activities • Data Inventory (Onsite & Record search) • Preliminary Layout/Design • Survey • System Design/Preparation of Design Specifications • Design Plans Permitting Task 2: Construction Activities • Construction Plans Bid • Construction' Plans Permit • Construction Activities &`Close -out Deliverables: Summary Report including submittal of 100% Design Plans, Monthly Construction Progress Reports and As -Built engineering plans. i Page 3, Exhibit "A", Statement of Work, OT060205 EXHIBIT «B„ PAYMENT AND DELIVERABLES SCHEDULE Total payment by the District to the City shall not exceed the amount of $475,000.00. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the City within the not -to- exceed amounts specified below in accordance with Article 3 of the Agreement. Payment by the District is further subject to receipt of quarterly progress reports and financial statements from the City with documentation to demonstrate completion of each project task in accordance with Exhibit "A" Statement of Work requirements. The City is responsible for reviewing and approving deliverables to ensure that project objectives are met. The City is also responsible for project management, budget management and quality control. All dates are referenced from the date of contract execution. ** The District shall only be obligated to pay for documented actual expenditures within the not-to- exceed amounts specified above. In the event actual expenditures by the City are less than the not -to- exceed for a particular task, the City shall have the right to apply the unexpended balance towards a subsequent task. The City shall provide written notice of its decision to exercise this right at the time of invoicing. In no event shall the District's total obligation exceed $475,000.00 as specified above. The total cost of this project is estimated to be $800,000. The total project cost includes City's project management /administrative "fees. Page 1, Exhibit `B ", Payment and Deliverable Schedule, OT060205 DISTRICT " Not -to- Exceed Phase Task Deliverable Due Date* -Payment Task 1 - Summary Report Preconstruction including submittal of 1 Month $40,000 Activities 100% Design Plans. Phase 1 Task 2 — Construction Monthly Construction No later than 6 Activities Progress Reports; As- Months $210,000< Built engineering plans Task 1 - Summary Report Preconstruction including submittal of l Month $25,000 Phase 2 Activities 100% o Design Plans. Task 2 — Construction Monthly Construction Progress Reports; As- No later than 6° $200,000 Activities Built engineering plans Months Not -to- Exceed Total Payment $475,000 All dates are referenced from the date of contract execution. ** The District shall only be obligated to pay for documented actual expenditures within the not-to- exceed amounts specified above. In the event actual expenditures by the City are less than the not -to- exceed for a particular task, the City shall have the right to apply the unexpended balance towards a subsequent task. The City shall provide written notice of its decision to exercise this right at the time of invoicing. In no event shall the District's total obligation exceed $475,000.00 as specified above. The total cost of this project is estimated to be $800,000. The total project cost includes City's project management /administrative "fees. Page 1, Exhibit `B ", Payment and Deliverable Schedule, OT060205 DISTRICT " Not -to- Exceed Phase Task Deliverable Due Date* -Payment Task 1 - Summary Report Preconstruction including submittal of 1 Month $40,000 Activities 100% Design Plans. Phase 1 Task 2 — Construction Monthly Construction No later than 6 Activities Progress Reports; As- Months $210,000< Built engineering plans Task 1 - Summary Report Preconstruction including submittal of l Month $25,000 Phase 2 Activities 100% o Design Plans. Task 2 — Construction Monthly Construction Progress Reports; As- No later than 6° $200,000 Activities Built engineering plans Months Not -to- Exceed Total Payment � o � Q � 0 0 y. o Y a o a o 0 cl bq a> cd 0 cod as 3 t cn x w U .. O a H cu Ly W b V b of c� o QG CL w ,a y W w a� v W Cd C O U U w w .c O `rA ° cqj U a rA 93 .� rA 93 W w v ° o' w U d z C/) 3 +� +- ' O G Q Q N C N O U y Q .Q b U z ed U ca � o .G O O � a Z M ywU to C p N U O a+ •� d a� O b ►-� N o .a c COO w a AA y $ b Q CO W cu O a� a, o � Cc O 0 1 °�' V] O \ chi o w w a,z aZ w az g w�3 SO u r South Miami o INCORPORATED CITY OF SOUTH MIAMI 1 ' ' I® 1927 P OFFICE OF THE CITY MANAGER o R19 INTER- OFFICE MEMORANDUM 2001 To: The Honorable_ Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manage From: W Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: April 18, 2006 Agenda Item No.: Subject: Transfer of ownership of Sunset Drive from US -1 to SW 69th Street. Resolution: A' RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING FLORIDA DEPARTMENT OF TRANSPORTATION'S PROPOSAL TO TRANSFER OWNERSHIP OF SUNSET DRIVE FROM US-1 TO SW 69TH !STREET (CITY LIMIT) TO THE CITY, IN LIEU OF THE CITY'S REQUEST VIA RESOLUTION No 95 -05- 12074; PROVIDING AN EFFECTIVE DATE Request: Accepting Florida Department of Transportation's proposal to transfer ownership of Sunset Drive from US-1 to SW 69th Street to'the City. Reason /Need: To beautify the Sunset corridor,; being one of the entrances to the City; with the creation of tree medians for canopy and traffic calming. Cost: No cost for the transfer process. However, the City will assume full responsibility of the street, to include maintenance. Funding' Source: Not Applicable. Backup Documentation: 0 Resolution No. 95 -05 -12074 previously approved for the project. Letter submitted to FDOT for the request. Q E -mail from FDOT proposing the transfer The "Home Town Plan — Area 2" report Ll Hypothetical Roof Design plan for the Sunset Drive Corridor. 1 RESOLUTION No. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING FLORIDA 5 DEPARTMENT OF TRANSPORTATION'S PROPOSAL TO 6 TRANSFER OWNERSHIP OF SUNSET DRIVE FROM US -1 TO SW 7- 69TH AVENUE (CITY LIMIT) TO THE CITY, IN LIEU OF THE CITY'S 8 REQUEST VIA ''RESOLUTION No. 95 -05- 12074; PROVIDING AN 9 EFFECTIVE DATE 10 11 WHEREAS, the Mayor and City Commission accept the ownership transfer of 12 Sunset Drive from US -1 to SW 69th Avenue (City Limit) to the City of South Miami; and 13 14 WHEREAS, in order to control the changes, operation, permitting and 15 maintenance associated with the proposed improvements set forth in Resolution 16 No. 95 -05- 12074, the City wishes to accept the conveyance of the portion of 17 Sunset Drive: and 18 19 WHEREAS, the 'Mayor and City Commission authorize the City Manager to 20 work with Florida Department of Transportation (FDOT) on whatever steps it takes to 21 transfer the street to the City. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 25 26 Section 1:. That the City accept the ownership transfer of sunset drive 27 between US -1 to SW 69th Avenue; and that the City Manager is authorized to work with 28 FDOT'on the issues relating to the transfer of operations, permitting, maintenance and 29 improvements of Sunset Drive. 30 31 Section 2: This resolution shall take effect immediately upon approval 32 33 PASSED AND ADOPTED this day of 12006. 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 41 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 42 Mayor Feliu: 43 Vice Mayor'Wiscombe: 44 Commissioner Palmer: 45 CITY ATTORNEY Commissioner Birts: 46 Commissioner Beckman: 47 48 Include file Name and Path 49 .. .r .: . `�ii�?, ,�. mW� �.-ra� . �f."�'= -? 9 '^�i.. r'"�,, chi wr W W 1, -- �VQ'�ct/7i1Q'/j2l ` o sour 4795 S.W. 75thAvenue Miami, Florida 33155 Tel: (305) 663 -6350 • Fax: (305) 668 -7208 E -Mail: abalogun @cityofsouthmiami.net l0sIo�' W. Ajibola Balogun, REM, CFEA Public Works& Engineering Director August 19, 2005 Florida Department of Transportation District 6 Office' 1000 NW l l l d' Avenue Miami, Florida 33172 Attention: Javier Rodriguez Director of Planning Reference: Sunset Drive (From US -1 to SW 62 °d Avenue) City of South Miami, Florida Dear Mr. Rodriguez: In 1994, the City; of South Miami completed a charette and planning study for an area of the city bounded roughly by Miller Drive on the north, Red Road on the east, US -1 on the south and SW 62"d Avenue on the west. The 'plan, known as "Hometown Plan — Area 2" included specific recommendations for improvements in the area, including on Sunset Drive (SW 72nd Street) from SW 62nd Avenue to US -1. Since several of the roadways within the planning boundaries were FDOT roads, including Sunset Drive, review and input from FDOT staff (David Blodgett and Todd Leadman) was made an integral part of the process. We are enclosing excerpts from the plan pertaining to those specific proposed improvements to Sunset Drive. On July 19", 2005, the South Miami City Commission passed and adopted Resolution No. 95- 05- 12074 (copy enclosed) directing the City Manager to proceed with more detailed planning and budgeting for the implementation of the Sunset Drive improvements. The resolution also directed the City Manager to contact your office to obtain authorization and/or take whatever steps necessary, to ensure your agency's cooperation. In order to control the changes, operation, permitting and maintenance associated with the proposed improvements, it is the City's intention to initiate the conveyance of this portion of the Sunset Drive right -of -way (SW 62nd Avenue to US -1) from FDOT to the City of South Miami. In 1996, we successfully concluded a similar conveyance of an adjoining portion of Sunset Drive from US -1 to Red Road (documentation enclosed). South "Miami All-America City I 2001 Page '2 of 2 Sunset Drive... August 19, 2005 We look forward to a similarly successful cooperation during this conveyance process, and we eagerly await your reply. Should you have any questions or comments, please do not hesitate to contact me at (305) 663 -6350. Sincerely, W. Ajibola Balogun, REM, CFEA Public Works & Engineering Director cc: Maria V. Davis, City Manager Gary Dunn, FDOT, District 6 Ramon Castella, P.E., C3TS . . °.- *xrs.�n . v � „�- ., �v -�:,,, , � —a,a ... s...,— F-nrm ,,a : � ^,".s . a •r,�,..s!tT -n , -�r�� an''t-^z,,. <�,a'°” `e.,, e .P n 04/11/2006 04:54 93056687208 CITY OF SOUTH MIAMI PAGE 01/01 Balogun, Ajibola From: phil.steinmiller @dot.state.fl.us Sent: Friday, April 07, 2005 8:34 AM To: Balogun, Ajibola Cc: ernesto.polo @dot,state.fl.us; Alice. Bravo@dot,state_fl_us Subject: Fw: SW 72 Street/Sunset Drive Jurisdictional Transfer Good morning Mr. Balogun, 1; received your e -mail this morning. We were preparing this request for you; son- for the delay. As referenced below in Ernesto's e-mail., the Department is asking the City to extend the limits of the Sunset jurisdictional transfer to SW 69th Avenue (the City limits boundary)'_ In other words, the extent of the transfer from the State to the City would be Sunset Drive (SW 72 Street), from US 1. to SW 69th Avenue. This transfer would give the City control over this segment of Sunset, including, access management permitting, landscaping, and various other types of roadway treatments. This would also include the responsibility for maintenance of this segment. We remain ready to assist you in the transfer process, and will begin preparation of the transfer agreement as soon as you receive approval from, your City Commission. Please contact me if you have any further questions. Phil Steinmiller, MCRP Transportation Planner /Analyst Florida Department of Transportation - District Six Planning and Environmental M. ,anagement Office (PLEMO) 1000 NW 11 lth Avenue, Miami, FL 33172 Phone: 305 -470 -5825; Suneom: 429 -5825 E -mail: phil.steinmiller @dot.state.fl.us - -- Forwarded by Phil Steinmiller/D6/FDOT on 04/07/2006 08:14 AM - - -- Ernesto Po1o/D6/FDO3' To 04/05/2006 04:41 Phil Steinnnillcr/D6 /FD0T @FD0T PM cc Subject SW 72 Street /Sunset Drive Hello Mr. Balogun, Based on our conversation of Friday, March 31, 2006, we would like to propose to extend the limit of the transfer of SW 72 Street/Sunsct Drive from SW 62 Avenue to SW 69 Avenue. This extension will provide the City with full ownership of. this important segment which will concur with the western most city limit. Please feel to contact us if you have any questions or concerns. Thank you for your cooperation. i e Fai } LEV SUMMARY ` No community should deliberately set out to plan for less than its ideal. l Daniel Cary f In 1992 a community - based effort in South Miami led to what has come to be _ known as "The Hometown Plan" for one neighborhood in downtown South Miami. This year the same kind of intense creative process was conducted again; for another, larger section of the city including neighborhoods north and west of South t Dixie Highway. The words and images in this booklet and the large -scale maps present the results. This latest Plan dubb " Plan ( dubbed "Hometown Too by the neighbors) idealistically describes a renewed, sustainable community. It predicts and proposes strong, ` traditional neighborhoods that could be the envy of the region. It suggests a nurturing environment for families, institutions and businesses. It advances a beautiful public realm which reflects the best of our history and culture. But this idealistic vision is to be accomplished through small, do -able projects. It calls for gentle, gradual changes carried out with surgical care -- not "slash -and- burn" urban renewal. It suggests' straightforward, time - tested forms for buildings and public spaces. It places the first priority on infill development on the acres of fallow land, and looks to private investment as the key to implementation. 3 n SFr NHS: SPECIFIC PRO { POSALS Sunset Drive (SW 72nd Street) from`G2nd Avenue to Dixie yi hwa Restore travel lanes to the correct y� . Widen the sidewalks, ect width (narrower). x Create ' Planting t! g strips and plant street trees. Plant trees in the median. CR Encoura e , g :redevelopment along least two stories in height and a this Main Street, with buildings are that rc at Positioned close to the street. Bets an Traffic will move slower, motorists and , making crossing , Pleasant and will encoura a Wide shade- covered sidewalks ,aet Drive safer 1br_ trees accentuate the sense o ore people to walk rather than e. walking mps, f peed and will cause driv drive. trees are also crucial to the Ci � For motorists, Will contribute to rivers to slow down. the City's tys image and to energy Street residents to combine live s� °nom gy ecienc . y and increase Opportunities Redevelopment ; g d working here. PP °rtunities for SouthMiarni q City Hall: =' Relocate the parking lot in front of the S Iva Y Martin Buildin t g and restore historic Palm Crescent ` Future additions ark. the � ons and alterations to (or i replacement o "City Hall should wrap" around the Sylva Ma �, f Building to form a cou k 57th • Reconfigure the parking o rtrn tsd� I �, . ►� r shared by x3 City Hall, the Public Libra :- Police Station to increase efficiency. � yr. . ` Be» efia. City Hall will have a morel 1, 19 �n City Commission: Mayor Neil Carver Vice Mayor Paul Young` Ann Bass Tom Cooper Tom Cunningham Community Design Project Committee: Simon Codrington, Jr., Chair Josephine Anderson Marcie Bader, Bank United Luciana Barreto, Hotel Vila Betty S. Gibson Daisy Harrell, CAA Advisory Board Sharon Lindsay, Dade County HUD Michael Miller, Community Newspapers W � Sarah Tompkins, Metro -Dade Ofce of Citizen Participation AIR F And Many Citizen' Participants including: Timothy Abraham ra Bynum Cora Sylvester Callsir y Elias Joseph Elias Taghi Afkham Rubystine Anderson Polly Cooper - Mernice Ellis Bill Enri ht g Sarah Anderson C. Cooke Yarborough Sheryn D'Cox Henry Flowers Robert Basden Bernice Davis Daisy Gal +pion David Baseheart Subrata Basu John Dempsey Rita Gare Carol Gawron� Darryl Beli (Troy) Christine Dials Peter Dokuditz James L. Glover i Lemmy Belot Karen Dorfman ' Joe Ann Glover James Bowman Clara Brook Ralph Egues Sandra Goldstein Rene Gonzalez Florance Brown Al Elias 40 Celia Grant Reynold Martin Eleanore Sternberg Vivian Guide Nancy Masterson Naomi Stewart' Chris Hansen Lulela McDuffie JuliaStuckes' Margaret Ilarnden Sharon Miller Quinnie Stucker Ethel Harrel Mildred Mitchell Lew Tash a Oil Carol Harris Dale Mobley , Anne Thompson r Lillie F. Harris Margaret Moore Minton Tinsley Pastor R.E. Harris Steve Ng Linda Tobin. Delori Hegga Lureatha Patrick Johnnie Tomkins W..'Henson Roy Pearson Sharon Troy Paul I lolmes Lee &'Theresa Perry Fred Truby Gary Illas Bernice A. Phillips David fucker' Sarah Ingle Joan Pierce J.B. Turbidy Lou & Jane Jack Clive & Deborah Powell Robert Usherson, A1CP Daisy Jackson Walter Power ; Cokes Watson Julius Jackson John Price Rev. Joseph Watson Rev. Alphonso Jackson Julian K. Rambo Rev. Emmanuel Whipple z Adria Jenkins Lucile Rambo Lydia White Dennis Jenkins Susan Redding Tina White Christine Johnson Joseph B Reisman Anthony Wilburn > John E. Kanter Evelyn Richardson Edie Wilburn' Henry Kaufman Willie Robinson Dan Williams Gloria Kinson Harrison Bright Rue Dorothy Williams Steve Kronen Joyce Schechter Marguerite Willams Wiliam Krueger Gloria P. Simmons Ruth Williams Janet.Launcelott James Simmons Sr Tyrone Williams Jeff Lane - Julia Simmons Jacob Wilson Jean Larkin -Scott Irene Smith Suzanne Wolfsohn j ti ., Laura G. Long John Edward Smith Mark Wynnenter AIA Marlene Magness Rev. Charles Standifer Crary Young Jaufer Maribone A.R. Stanberry Nancy Young E = Donovan Martin Annick Sternbberg Karen Zeller City South Miami. of staff. � a W. F. Hampton, City Afanager Perry Turner, Chief of Police i� Earl Gallop, Esq., City Attorney Clarence Patterson, Public Works Director Rosemary Wascura, City Clerk Hakeem Oshikoya, Finance Director Dean Mimms'AICP, BZCD Director Jim Cowen, Parks & Recreation Director Kelvin Bynum Sonia Lama David Struder a Elba Claudio Bill Mackey Kathy Vasquez Carol Hughes Bill Pratt Gladys Villar Slaven Kobola Major David Romine Rev. David Walker Eva Rosa i - I J' I 41 i } Dover, Kohl & Partners: Scott Boc Douglas Frost Joseph Kohl Marice Chael`RA Robert Gray Barbara Iamb -Ortega Victor Dover AICP Steve Hafer Cristina Lopez Jason Dunham Ross Halle Miriam Tropp R. Geoffrey Ferrell Mimi Kelly Kevin Young a Judson & Partners: Clyde Judson, Jr., AIA Jeremy Sinckler Joe Middlebrooks, AIA Valerie Riles Holland & Knight; Samuel E. Poole Ili, Esq. and Laurie Thompson, Esq.; Peter M Fernandez, PE Walter Kulash PE t . Special Thanks to David Blodgett & Todd, Leachman, Florida Department of Transportation Dean Taylor & Harold Brijbasi, MetroDadeOfce of Community Development Daniel Cary, South Florida Water Management District Carrie Edmondson, UM Volunteer Services Center if 0 1994 by Victor Dover and Joseph Kohl 42 ��. ,,..., hw�r,,P-W...... -..„ �..t; RESOLUTION NO., 95 -05 -12074 A RESOLUTION OF TICE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH 'ESTAJRJ,ISH NC A LANDSCAPED BUFFER MEDIAN IN COMPLIANCE WITH THE "HOMETOWN PLAN" AREA 2; PROVIDING FOR AN EFFECTIVE DAT1ti WHE)<t.EAS, two urban design charrettes were held in the early 1990's which resulted in South Miami's adopted "Ho ih ctrwn Flan" Area 2; acid WHEREAS, aTnong the fundamentals in the plan accepted by the City is the statement, "Streets must be sltcrded and beautiful: the tree canopy over the streets hould be restored where abscnt, using native trees with regular spaci' d'; and WHEREAS the first of the listed "Specific Proposals" addresses Sunset Drive from 62"d Avenue to Dixie Flighway, recommending the creation of planting strips and the planting of street trees and planting "trees in the Median'; and f WHERREAS,creatingaiandscaped median wilIlaccordingtothe"Plan'),slowtraftr c"making5unsct Drive safer fgr motorists and pedestrians" because "trees accentuatethe sense otispeed and will cause drivers to slowdown, and "Street trees are crucial tothe City's image and energy efficiency" NOW THEREFORE, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF S0IJT11 MIAMI, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to contact FDOT to obtain authorizaticm and/or to take whatever steps necessaryto ensure that agpney's cooperation. &ect on 2. The City Manager is also authorized to proceed with the budgeting and planning of a landscaped ncedian on Sunset Drive from 62"d Avenue to Dixie Highway, and shall bring to the Commission for their approval an estinmte of the related costs. Sec `'on 3. This resolution shall take effect immediately upon approval. PASSED AND .ADOPTED this � � day of 2005 ATTEST APPROVED: TY CLERK M O READ ANI) APPROVED AS TO FORM: 4-0 Commission Vote: Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscgmbe: absent Commissioner Birts- Cooper: Yea CITY' NEY Commissioner Sherar: Yea . L/ l'30Vd `mav:: E 9o- i;-inr `UVE9E999n •`IWbIn Hines jo kiio :A9 LN3S a.a Sours South Miami F � CITY OF SOUTH MIAMI AQ= amedcaC" • IN CORPOR 9Z� ATE Memorandum �+toR�o 2001 TO: Vice Mayor & City Commission DATE: July 19, 2005 FROM: Mary Scott Russell r AGENDA ITEM No. Mayor RE: Resolution Authorizing The City Manager Take the Necessary Actions to ()717, Establish a Landscaped Buffer Median on Sunset Drive from 62 "1 Ave. to US 1 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH ESTABLISHING A LANDSCAPED BUFFER MEDIAN IN COMPLIANCE WITH THE "HOMETOWN PLAN" AREA 2; PROVIDING FOR AN EFFECTIVE DATE: BACKGROUND & ANALYSIS Two urban design charrettes held in the early 1990's resulted in South Miami's adopted "Hometown Plan" Area 2. Among the fundamentals in the plan accepted by the City is the statement, "Streets must be shaded and beautiful: the tree canopy over the streets should be restored where absent, using native trees with regular spacing." The first of the listed "Specific` Proposals" addresses Sunset Drive from 62 °a Avenue to Dixie Highway, recommending the creation of planting strips and the planting of "trees in median. The creation of a landscaped' median will, according to the "Plan," slow traffic "making Sunset Drive safer for motorists and pedestrians" because "trees accentuate the sense of speed and will cause drivers to slow down." The "Plan" also states that "Street trees are crucial to the City's image and energy efficiency." The proposed resolution would authorize the City Manager to contact FDOT in order to obtain authorization and/or to take whatever steps necessary to ensure that agency's cooperation in establishing the landscaped median. It would also authorize her to proceed with the budgeting and planning to bring to the Commission an estimate of the related costs for approval. RECOMMENDATION Approval is recommended'. s o v r South Miami r bwftwl VF F , MU . ,NORPORATEO CITY OF SOUTH MIAMI o Rio P OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: Aril 18, 2006 Agenda Item No.: April 9 Subject: Construction Contract with Leon's Engineering for Citywide Watermain Extension. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH LEON'S' ENGINEERING CORP. FOR CITYWIDE WATERMAIN EXTENSION — AREA 2 CONSTRUCTION IN AN AMOUNT OF $238,411.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106 - 1711- 536 -6434 AND 106- 1712 536 -6436 AND LOCAL OPTION'. GAS TAX TRUST' FUND ACCOUNT NUMBER 112- 1730 - 541 =3450; PROVIDING FOR AN EFFECTIVE DATE Request Authorizing the City Manager to execute construction agreement with Leon's Engineering Corp. for Citywide Watermain Extension — Area 2. Reason /Need: To provide much needed potable drinking water to residents currently on well water. Cost: $238,411.00 Funding Source: South Florida Water Management District Account Nos. 106 -1711 -536- 6434 & 106 -1712- 536 -6436 and the Local Option Gas, Tax Trust Fund Account No. 112- 1`730 -541 -3450. Backup Documentation: U Proposed Resolution 0 Bid Opening Report 0 Tabulated Bids LJ Certified Advertised Notice of Bid Invitation U Engineer of Record's letter of recommendation 0 Revision to Quantity & Cost Sheet D Map of Project Area 1 RESOLUTION NO.' 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE 5 AGREEMENT WITH LEON'S ENGINEERING CORP. FOR CITYWIDE WATERMAIN 6 EXTENSION — AREA 2 CONSTRUCTION IN AN AMOUNT OF $238,41`1.00 TO BE 7 CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT 8 ACCOUNT NUMBERS 106 -1711- 536 -6434 AND 106 - 1712 - 536 -6436 AND LOCAL 9 OPTION GAS TAX TRUST FUND ACCOUNT NUMBER 112- 1730- 541 - 3450; 10 PROVIDING FOR AN EFFECTIVE DATE 11 12 WHEREAS, the Mayor and City commission wishes to provide potable drinking; water extension 13 to residents along SW 691h Avenue from SW 64th Street to `SW 68th Street; SW 65th Street from 6790 SW 14 65th Street to SW 69th Avenue; SW 67th Street from SW 67th Avenue to SW 691h Avenue; SW 62 "d 15 Terrace from SW 67th Avenue to the end of the Street, under a project known as Citywide Watermain 16 Extension — Area 2; and 17 18 WHEREAS, the Mayor and City- Commission authorize the City Manager to execute a 19 construction contract with Leon's Engineering Corp. for Citywide Watermain Extension - Area 2 project 20 for an amount of $238,411.00. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY' COMMISSION OF 23 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 24 25 Section 1: That the Mayor and City Commission authorize the City Manager to execute 26 construction contract with Leon's Engineering Corp. for Citywide Watermain Extension Area 2 for an 27 amount of $238,411.00." 28 29 Section 2: That the project's construction cost shall be charged to account numbers 106 -1711- 30 536 -6434, 106 - 1712- 536 -6436 and 112- 1730 - 541 -3450, with account balances of $105,352.00, 31 $169,217.00 and $70,000.00, respectively. 32 33 Section 3.. The attached agreement is made a part of the resolution. 34 35 PASSED AND ADOPTED this day of , 2006. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 43 44 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 45 Mayor Feliu: 46 Vice Mayor Wiscombe: 47 Commissioner Palmer: 48 CITY ATTORNEY Commissioner Birts 49 Commissioner Beckman: 50 51 Include File Name and Path 52 CITYWIDE WATERMAIN EXTENSION — AREA 2 BACKGROUND & RECOMMENDATION BACKGROUND: The proposed Citywide Watermain Extension; project is part our grant funded project to provide potable drinking ,water and fire protection to residents. The construction project will consist of approximately 3,200 linear feet of 8 -inch water main extension, installation of 6 new fire hydrants within the project area, installation of 24 service lines with meter boxes to properties and roadway resurfacing of areas disturbed. The improvements will be performed along the following streets: ❑ SW 691h Avenue from SW 64th Street to SW 68th Street; ❑ SW 65th Street from 6790 SW 65th Street to SW 691h Avenue; ❑ SW 67th Street from SW 67th Avenue to SW 69th Avenue; ❑ SW 62nd Terrace from SW 67th Avenue to the end of the Street The project was advertised in the Miami Daily Business Review on Monday, February 13, 2006. Six contractors submitted sealed bids on or before Friday, March 17, 2005 (the last day to receive bids). The bids were publicly opened on Friday, March 17, 2006 at 3:05pm. Since the bid opening, the engineer of record has tabulated the bids, reviewed and evaluated all bids, verified references, verified bid bonds and discussed the project with the lowest responsible bidder (Leon Engineering Corp.) to make sure the scope of work is clearly understood as designed and specified. The Engineer of Record ;(TY LIN International/H.J. Ross) has submitted the attached letter of recommendation for Leon Engineering Corp. During the bidding process, a developer requested for a permit to construct 320 linear feet of 8 -inch water main along SW 67th Street (within our project corridor) to service 6706 SW 67th Street property. This $24,585 construction work to service 6706 SW 671h Street property will reduce our scope of work, and thus reduce our construction cost accordingly. The permit was granted to the developer and the work has since been completed. As a result, Leon Engineering Corp's construction cost was reduced to $238,411 from his original bid of $262,996. The revision to quantity and cost sheet signed by the Leon Engineering Corp. is attached. RECOMMENDATION: It is recommended that the City Commission approve the resolution. TYUNINTERNAUIONAL I HJ ROSS 201 Alhambra Circle, Suite 900 Coral Gables, Florida 33134 Tel. 305.567.1888 • Fax. 305.567.1771 • EMAIL: hjross @hjross.com March 23, 2006 Via a -Mail Mr. W. Ajibola Balogun, REM Public Works Director City of South Miami 4795 S.W. 75th Avenue Miami, FL 33155 Re: Citywide Water Main Extension— Area 2 Bid' No. C106 -0317 Dear Mr. Balogun: The bids for the referenced project were opened on March 17, 2006. Six bidders responded with bids ranging from $262,996 to $566,744. Attached is a copy of the Summary of Bid Documentation Review. The low bidder is Leon's Engineering Corporation. No irregularities were found in the low bidder's submittal. We interviewed one of the references and previously interviewed the other two references provided and the bidder received good recommendations. We also interviewed the low bidder on March 21, 2006 to make sure they understand the Project Manual provisions, schedules, and quantities. We recommend the award of the contract to the low bidder, Leon's Engineering Corporation pending the City's legal review. Please call us' if you have any questions. Sincerely, TYUNINTERNATIONAL i HJ ROSS Polidoro Africano, P.E. Project Manager Enclosures cc: Jose Nessi RECOMMENDATION .,., Souk O � r F BID OPENING REPORT INCORPORATED 1927 .C+ U R I V Bids were ouened on: Friday, March 17 2006 at: 3.051) m For: Citywide Watermain Extension — Area 2 Pre -Bid Estimate: $215,000.00 CONTRACTORS:. BID AMOUNTS: 1. T. J. Pavement Corp. U 6 ssl , -75 2. Budget Construction. e I Master Excavators. r q 4. Development Group & Communication of Florida, Inc. N1 5. Leon's Engineering Corp. 2-6 2 q (4> o c� 6. Icon Contractors 6 -7 1 D• a o 7 Conquest Engineering, X42 8. CMA Corporation¢ �'� THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk' Sign. - Witness: Witness: _.. ll V O N d C O Z No mN W w c a Q .Q 3m V � e O N U O Z L' a U OD i O a 0 ='N O ,, .r �.�� �-�e -� � a�11�1 i�«�rt�rv�,,,� -gyp „�-�a � a�..,I :ire qti, - , tc�^- �- �°�rt� -• -pan. .. ��r�*r,.,. �,;.„�c. C N AN r S' mp�ao N d0 )p O N N N° O M.� t`q _ O N:N ,OG m.N. 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NK ' C6 �N} C °D U .O a` 0 c. 0 0 0 v o o° 0 0. 0 ° 0 °o 0 b 0 o o 0 0 0' o 0. 0 o °o 0 $: uj o w m � o � '0 f0 o N m )0 m C6 m m m m '.0 Di aNG Oro h r O. o o° o ° ° � °o N °o ° : O 0 0 0 0 0 0 0 CS o m fV Q! G Op O G° O N O 0 0 O. O 0 0 G O 0 0 N d M O p, 10 IA Q U1 a O N O )0 N f� N N m d .: A 0 10 O f� 6 m O O 0° V) N 0 v d Iq 6 °o c. _ u> o o °o O 00 00 00 0 0 N N':0� 00 0 0 °o:. 0 °0 0 o I[°f N 0. Of IN CN cq 0 d 0a01 N 1°0 N N O O• O ° 'O O O O O C O O O O U Ol a O o C l0 N m N O fD O O � t0 O 0� N O O O n N n C O N 0 0 0 N uj C 'm (qqG O1 W u ° 0 ° �' C « 0 N M N D o 6 G C c N vi A^ 0'.. of l 0 N p J».» m0 gym: m, M m N ,.. N r m N m 0) m N N O 0 d« V1 N N m N d in tp « W W 'W W W W W W w W W m C N 0 _ m 0' v 0 0 6 J E F• d d ,�.. t O p� > m DS L.� o: 0 a > o m U U > m n o o ffi m o. a m 00 t O °m a c E.. G�n nNNmQ E M m 0 Qg a� m m >mm m m O F NH F NIN a > mmW m `m o ? y J> o^�m F O H.0 io io iL: io co do `m 1D oo a0 Q N 2 lo, :- O o d i O a 0 ='N O ,, .r �.�� �-�e -� � a�11�1 i�«�rt�rv�,,,� -gyp „�-�a � a�..,I :ire qti, - , tc�^- �- �°�rt� -• -pan. .. ��r�*r,.,. �,;.„�c. ( 1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Gaga1 HOliclays � t + � Misfjl3, Mietni -trade County, Florida . STATE OF FLORIDA: COUNTY OF MIAMI -DADE Before the undersigned authority personally appeared O.V. FERB4YRE, who on oath says that ho or she is the t + SUPERVISOR, Legal Notices of the Miami Daily Business{ ' , %ir Y I \ U ru 1 M1t t' Roviewf/k/a Miami Review, a daily (except Saturday, Sunday} w and Legal Holidays) newspaper, published at Miami in Miami•DadeJrm,w� � County, Florida; that the attached copy of advertisement, being a Legal Advertisament of Notice in the matter of CITY OF SOUTH MIAMI BID NO. CI06 -0317 1►t K � `M CITYWIDE WATER:MAIN EXTENSION - AREA 2 4,ta�y'; \LzW'e ?tK 3�r gkMkf r in the XXXX Court, was published In sand newspaper in the issues of , 3 lo 02/1312006 k \ov4���u < w cry ,t ' t? . €•a 1 wx �fi'c� t ?i r. .• � /X*�M3 ..ye W� 5'Li, •wz'5���`�dXt `�+1+�+�^a Affient further Nays that the said Miami Dally Business �'c� �{vN �� ,\ J 'S'd! 1, b J• fi S a k� � k�; � r^i r P. �E I Review is a newspaper published at Miami in Bald Miami -Dade County, Florida and °that the said newspaper has r heretofore been continuously published In said Miaml -Dade County Florida, each day (9kcept Saturday, Sunday and Legal Holidays) t,. >; � • ' � " <, r r', i� as "s, . and has been enl as second class mail matter at the post office in Mfantl In said Miami•Dade'County, Florida, fora period of one year riext preceding the first publication of the w attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation' any discount, rebate, commission or refund for the purpose of securing th prilsem9otAy, publication in the said + fir••: 1, 5 1. .\ 1 C t `c jai. < newspaper II K:.•.t' !.R hh�k` k Uk' ,.� .. V ..,�,'�/ �µ �� —I W. ' '�!siy4,+4 :. *.� ,.,e'awi� e_�54a, '3wJ!?1 k•k �4 Cy aft y ^�,a 3 ; I',. : Sworn nd sub �rlbed before me this • 1 � •, � ,, ,�,� ? it n t0 sC 13 o BfiUi4 ,71. 200ti r (SEAL)> Maria 1. Mesa O.V. FERBEYRE personally known to My Commiaeton C10283aRib tr EVAAN Ill 04,006 E /I. 39Vd !Nld9V :V 90-E-8VV1 !8i?E9E9990e `IRVIA Hinos 30 Aiio :h8 1N36 ^�°;i' & ='R'1'."•", .,.—. T°T.,°' -"I mrn.F;'^+,¢T m rr�c�. —.. n..,'...>„r.+nrma „� ,' i' I�. i ;t"-' =-�'_°,�`- "`3.k,"��[�fi'�', ... "3; ,.. -.ri �., „„„i.',""�� •y . ,:.. ,."�"i,-rnarr "?3'.r- ,"Frv.:,,""'. ... ,...:., "ry�.'r,s Via, K^I"-r?'v,..,. Aa'"2w.?"'.��ri^3� �}'�"ry ,.;r^ 3xa .hT,.'n-, CITYWIDE WATER MAIN EXTENSION AREA 2 BID No. C106 -0317 SUMMARY OF BID DOCUMENTATION REVIEW Prepared For. UD-11190�4 , Al C ity of South Miami Public Works Department 4795 S.W. 75th Avenue' Miami, FL 33155 Prepared By. T-Y-LININTERNAflONAL 1 HJ ROSS 201 Alhambra Circle, Suite 900 Coral Gables, FL 33134 March 23, 2006 v --• . e . -,.,2, ,. -.-,�, .� , ,.,; .. .- s,° -�.� r• - r- �, -..,> � "'�;�uT; % ='�<�3€„x.;x`,.� "�=rs'�^?5;�- s--a�t�, �.,,,"^ z.,�n�r�,.� , .n : ,. ate: �,. ,.� �,.� .c, . s.. CITY OF SOUTH MIAMI CITYWIDE WATER MAIN EXTENSION - AREA 2 BID No. C106 -0317 TABLE OF CONTENTS' DESCRIPTION Pages Summary of Bid Documentation Omissions, Deficiencies and Irregularities Review for the Five Lowest Bidders 1 Bid Documentation Checklist 1 Bid Comparison 1 Contractor References 3 Contractor Interview 2 17LININTERWONAL HJ ROSS i CITY OF SOUTH MIAMI CITYWIDE WATER MAIN EXTENSION - AREA 2 BID No. C106 -0317 Summary of Bid Documentation Omissions, Deficiencies and Irregularities Review For the Five Lowest Bidders 1. LEON'S ENGINEERING CORP. There were no irregularities found. Bidder submitted all required documents in their proper form and content: 2. T.J. PAVEMENT CORPORATION There were no irregularities found. Bidder submitted all required documents in their proper form and content. 3. BUDGET CONTRUCTION The following irregularities were found: a) Document 00660 (Acknowledgement of Conformance with OSHA Standards) was not submitted. b) Document 00665 (Trench Safety Act Compliance) was not submitted. This is deemed an omission. The City's Legal Department should review the submission irregularities and the means of correction. 4. CONQUEST ENGINEERING GROUP The following irregularities were found: a) Document 00660 (Acknowledgement of Conformance with OSHA Standards) was not submitted. b) Document 00665 (Trench Safety Act Compliance) was not submitted. This is deemed an omission. The City's Legal Department should review the submission irregularities and the means of correction. 5. CMA CORPORATION The following irregularities were found; a) Document 00660 (Acknowledgement of Conformance with OSHA Standards) was not submitted. b) Document 00665 (Trench Safety Act Compliance) was not submitted. This is deemed an omission. The City's Legal Department should review the submission irregularities and the means of correction. YLf INTERW{ NAL i HJ ROSS 1 .' S r^eai" ?x•'t'.F'§", c :'v « .xr z� 'P\ , .. ..9 . ry w O Q ' 2 O N N d ~ Y o W v % z LID c Q z 2� w a c v E r co j O O V N o° Z U m' L N ca a N C O N O N O ,, •co O O c? ° W a> {L� d "� J 3 E 3 N N >�U O "' v 0 d' CO J cCC O Y Z c Z C o O 0 6K c O' 00 00 U ri c Lo >- >- >- >- >- >- >- >- >. >- >- >. >. z Z CL o' LO v Q5 6s 0 co. co N N z z O M It CD Iq M V � � W u i W C m C' 0 0 06 C6 i O OM Z z m C N- N V � ta d LO LO �a 06 00 06 N}>- >-}Z av If "If CID c. rn c 0 0 �asd O to CD w M J .� V CD t W C\l -o aas cu I � •� Q U U � C Q Z 0 Z O N v L ° °' CO � i3 U Z Z U) v: j n1 W V m c = E c WO Cl c y 0O p N N c U cu O � o U J „ - cz c o U CL E in O 0 c ° ll c ° D m: E Q — U c N U U E C ° ° N a E . m gy m o (cD O E Q N � U 7 O cC N ILL O —° E n d p (O co Z O I� U cQ 3 N Y a o' o O> L i o c 0 maa c t c oa) -0 -a c c o 3 � ca ,O -a _ a1 'LL > cc m m m in co LL m a Q: I- ci O O �N N N v` LO LO LO r0 ( CO Z O L. O O 0 Cl O N ca a N C O N O N O ,, •co co ° W a> {L� d "� J 3 E 3 N N >�U O X Z X O O N O O N aD C v J cCC O Y Z c Z C o S0uTy 04 'fir , AV, y F INCORPORATE 1927 rt+� O R `O Engineering & Construction Department Contractor References Based on Experience, Ability and FInancial Standing Leon's Engineering Corporation is a potential contractor for the Citywide Water Main Extension — Area 2 project. It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1— poor 2'= average 3 — above average 4- very good 5- excellent Reference ig v�y: based on telephone interview. Reference check conducted by: Name & Title: Joe Cueto Polidoro Africano, P.E. Company: Miami -Dade DERM "" '- LININTERNAMNAL I HJ ROSS Address: 201 Alhambra Circle, Suite 900 City /State /Zip: Miami, FL Coral Gables, FL 33134 Telephone: 305.372,6431 305.567.1888 / 305.567.1771 (Fax) Date: August 15, 2005 August 15 2005 If you have any question about this form, please call (305)663 -6350. 1 2 3 4 5 Criteria A. Ability to complete project on time B. Ability to stay within the budget C. Quality of work D. Financial standing "(if applicable) E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor): Last project for which they worked was a drainage project with a budget of about $750k Reference ig v�y: based on telephone interview. Reference check conducted by: Name & Title: Joe Cueto Polidoro Africano, P.E. Company: Miami -Dade DERM "" '- LININTERNAMNAL I HJ ROSS Address: 201 Alhambra Circle, Suite 900 City /State /Zip: Miami, FL Coral Gables, FL 33134 Telephone: 305.372,6431 305.567.1888 / 305.567.1771 (Fax) Date: August 15, 2005 August 15 2005 If you have any question about this form, please call (305)663 -6350. SOUTH 04 �rf 7 F � U INCORPORATED 1927 rA�ORIO A Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing Leon's Engineering Corporation is a potential contractor for the Citywide Water Main Extension Area 2 project. It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1— poor 2— average 3 above average 4- very good 5- excellent Reference iv�en by`. based on telephone interview Reference check conducted by: Name & Title: Idem Edward Polidoro African, P.E. ,Company: Miami -Dade WASD TYLININTERNMIONAL HJ ROSS Address: 201 Alhambra Circle, Suite 900 City /State /Zip: Miami, FL Coral Gables, FL 33134 Telephone: 786.552.8145 305;567.1888 / 305.567.1771 (Fax) Date: August 15, 2005 August 15 2005 If you have any question about this form, please call(305)663 -6350. 1 2 3 4 5 Criteria A. Ability to complete project on time B. Ability to stay within the budget C. Quality of work D. Financial standing (if applicable) E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor): Last project for which they worked was a pump station upgrade of mechanical /electrical with a budget of approximately $200- $300k. Pretty good to work with and they want to do a good job. Reference iv�en by`. based on telephone interview Reference check conducted by: Name & Title: Idem Edward Polidoro African, P.E. ,Company: Miami -Dade WASD TYLININTERNMIONAL HJ ROSS Address: 201 Alhambra Circle, Suite 900 City /State /Zip: Miami, FL Coral Gables, FL 33134 Telephone: 786.552.8145 305;567.1888 / 305.567.1771 (Fax) Date: August 15, 2005 August 15 2005 If you have any question about this form, please call(305)663 -6350. $our F U ^+ INCORPORATED 1927 AID P Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing Leon's Engineering Corporation is a potential contractor for the Citywide Water Main Extension Area 2 project. It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1— poor - average 3 — above average 4- very good 5- excellent Reference given by: based on telephone interview Reference check conducted by: Name & Title: Nestor Melian Polidoro Africano, P.E. Company: Miami -Dade Public Works 'T YLININTERWONAL I HJ ROSS Address: 201 Alhambra Circle, Suite 900 / ity L: LU _ ip. iam, FL Coral Gables„ FL 33134 Telephone: 786.375.0004 305.567.1888 / 305.567.1771 (Fax) Date: March 23, 2006 March 23 2006 N you have any question about this form, please call (305)663 -6350. . 1 2 3 4 5 Criteria A. Ability to complete project on time r B. Ability to stay within the budget C. Quality of work D. Financial standing (if applicable) E.:, Experience in their line of work ,Additional Comments (May indicate last project /transaction with contractor): Currently working on two drainage improvement projects'with budgets of $1.5 and $1.0 million ';They are very conscientious in their work and perform quality work. Reference given by: based on telephone interview Reference check conducted by: Name & Title: Nestor Melian Polidoro Africano, P.E. Company: Miami -Dade Public Works 'T YLININTERWONAL I HJ ROSS Address: 201 Alhambra Circle, Suite 900 / ity L: LU _ ip. iam, FL Coral Gables„ FL 33134 Telephone: 786.375.0004 305.567.1888 / 305.567.1771 (Fax) Date: March 23, 2006 March 23 2006 N you have any question about this form, please call (305)663 -6350. . i YL NINTER9 V OVAL I HJ ROSS 201 Alhambra Circle, Suite 900 Coral Gables, Florida 33134 - 3163 Tel. (305)'567 -1888 Fax. (305) 567 -1771 EMAIL: hjross @hjmss.com MEMORANDUM TO: Mr. W. A'ibola Balo un REM FROM: Polidoro Africano, P.E. PROJECT NAME: Citywide Water Main Extension — Area 2 PROJECT No.: 550520.00 SUBJECT: Interview with Low Bidder Bid No. C106 -0317 DATE: 22- Mar -06 COPY: Jose Nessi Greg Netto, P.E.; Otmara Leon An interview was conducted on 21- Mar -06 at 10:00 a.m. with representatives of Leon's Engineering Corp. (Contractor), the low bidder for the above project at the offices of TY Lin / H.J. Ross (Engineer). The following persons were in attendance: Name Title Company Otmara E. Leon President Leon's Engineering Corp. Urbano Leon Superintendent Leon's Engineering Corp. Jose Nessi Construction Manager TY Lin / H.J. Ross The project consists of water main extensions within the City of South Miami (City) limits. After introductions, the following were the issues discussed during the meeting: 1. Engineer asked if the Contractor was aware that this is a donation project, that once completed will revert to Miami -Dade Water and Sewer Department (WASD) control; that it needs to be constructed in accordance with WASD standards; that all WASD fees are included in the contract prices; and that coordination is required with WASD for final clearances and tie -ins. Contractor acknowledged all of the above. 2. Engineer asked Contractor if they felt comfortable with the project schedule of 110 days. Contractor stated that the 110 days would be adequate to finish the project.' 3. Engineer asked Contractor the number of crews they would place on the project and if they were available. Contractor stated they would place one (1) crew dedicated to the project and if required they would complement with an additional crew to meet the schedule. Contractor stated their subconsultants would be H &J for paving work, and they would subcontract the pavement markings and barricade work to All American Barricades. 4. Engineer asked Contractor if they were aware of the implications of the Affidavit Regarding Equipment Storage and Staging Yard (found in Section 00300). Contractor indicated they had done previous work in the City and were well aware of the intent of the affidavit. Page 1 of 2 Memorandum Mr. W. Ajibola Balogun, REM Citywide Water Main Extension — Area 2 Contractor Interview for C106 -0317 22- Mar -06 5. Engineer asked Contractor the type of equipment they intended to use for this project.; Contractor stated they would probably use a 320 CL excavator and a' backhoe. Contractor stated the equipment was available for this project. 6. Engineer asked Contractor if they were comfortable with the quantities listed in the bid proposal form. Contractor stated they were comfortable with the quantities listed on the bid form. 7. Engineer asked Contractor if they were clear on the items included in each pay item as described in the Measurement and Payment (Section 01025). Specifically, all restoration items such as driveways, swales etc., are included within the separate bid items. Contractor stated the items described in the Measurement and Payment, section were very clear. 8. Engineer asked Contractor if they were aware of the working hours within the City. 'Contractor stated they would not start work before 7:00 a.m. and were willing to work with the residents to prevent major disturbances. 9. Engineer indicated to the Contractor that to save time and upon contract award they could begin to submit material certifications and shop drawings. It was discussed if there was a need for WASD to approve shop drawings. The general consensus was that WASD approval of shop drawings would be required. 10. Contractor asked Engineer if they would be supplied with the DERM, Health Department approvals. Engineer stated that they would supply the following permits /approvals: WASD, DERM, Health Department (DEP), and Fire Department. The Contractor is responsible for all other permits (Miami -Dade and South Miami Public Works permits) and approvals as described in Project Manual. 11. Engineer asked Contractor the normal sequence for construction staking and as built. Contractor, explained they, would hire! a PLS surveyor (All Survey) to perform the construction staking and the preparation of the signed and sealed record drawings of the installed improvements. 12. Engineer clarified there will be no work done within brick/specialty pavers' driveways Once both WASD and the City want to avoid restoration of these types of driveways. Contractor acknowledged this request: 13. Contractor requested dates for Pay Requests. This item will be discussed at pre- construction meeting. Attendees are requested to provide comments if any, to the author's understanding of the meeting within three days of the memorandum's date. Thank you. - Page 2 of 2 ,_,F.., .�,z rn, ra.,..... .. .A <<a. . -� r-- • °;. r. --+.,. . „'.'.mil` .e Jan 27 2001 10:35SM HP LRSERJET EA}( p.2 CITY OF GOUTN NAM CR4mDE WATER IIW i EX 1Bit81on -ANIEA Z 07.29.06 Sib He. 6109-01117 RtMSION8 TO 00AN77TM AND COST He. Roland Total Cost Dsscrtptlat7 Un11 QWno y Coil ad- Coat uen Revlalurt at Revision 1 Mobilaidon LS 1 $ 2,000.0 $ 2,000.00 0 $ $ 2.000.00 2 : MaIntetnance of FrsfSc LS 1 8 2,000.0 $ 2,000.00 0 $ $ 2,000.00 Type 9-111 Asphall Overlay (1• M .), Ind. leveling 3 Course, and Mlt#ng at Driveway Approacim and BY 7216 $ 5.5 $ 39,868.00 0 $ - $ 39688.40 Coup Roads Type 9411 Aspthalt Marley (1' Min.), S''Umemck 4 Base (L91100),12" Compacted Subgrade (08%of BY 289 $ 22.0 $ 8,356.00 D AASHTO T -180 S W DIP Water Main Plea Claw 350, Ind. MUMMA & LF 3246 $ 32.5 3105.58D.00 . -320 $ (10400.08) $418000 lesiaration 6 ' 8' DIP Water Ma1n Pipe Class 350, Ind. resttaillis A LF 52 S 580 $ 2,600,00 t9 S S 2.600.00 restotedon 7 Fire Hydrant Assembly including 8' gate valve EA 8 $ 3,000.0 $ 18,000.00 0 S $18,000.00 6 8" Gate Valve Complete EA 5 S 1,300.0 S 6.500.00 0 $' # 6,b00.4d 9 W DIP 45 nopme Bend EA 4'. 8 396.0 $' 11580.00 2 $ 790.00 $ 2.370.00 10 SW DIP Tee EA 1 $ Ism! $ 550.40 0 $ - $ 564100 11 8'x6 "DIP`Tee EA, 6 $ S35.01 $'' 3,210.00 4 $, $ 3.210.00 12 18'x6' DIP TapomStseve and Valve {Ind.pWrlA, EA 2' $'8;000.0 $ 18,000.00 A $ (8,000.00) $ 6,000.06 valves. fitdrlps) 13 11'x9 DIP Tapping Sleeve arid Valve (inct. piping, EA 2 $ 6;000.0 $' 10,000,00 0 $ $10.000.00 wives,) 14 Blarwolf Asaemblyf (including plug and Rushing valve) EA 3 S 1;250, $ 8,750.00 0 $ - $ 3.750.00 15 Air Release Yatve Assembly EA 2 S 975.0 S' 1,854.00 0 $ $ 1,850.00 18 Sineie Water SetVICe, L • 1 "capper, Corp. stops, EA 10 $ 1 .175.0 $' 11,760:00 .1 $ (1.175.00) $10.575.00' box. geeing slows) i7 ; Dual Water Service, (Incl.1' onppar, Corp. eiops. box, EA 4 $ 1.000.0 $' 4,OOfl.O(1 0 $ $ 4,000.00 caaing leave) 18 C.onneGt to F)dat. Water MSIn EA S $ 2,900.0 $ 14,500.00 -2 $ (6.80000) 8 5.700.00 i8 1 "11ervke Lirie {to be oonrtected to e)dstlrrp wafer EA 6 $ 500.0 $ 3,000.00 4 111 $ 3,000.00 er met by WASD) 20 Owners Contingency EA 1' $10,000.0 $ 18,000.00 0 S B 10.000:00 TOTAL COST $282,996.130 - $24.585,00 $236.411.00 ACCEPT£ GiOR: Leon's EnginsenngColp. 0anu $ro. dent - CITY OF SOUTH MIAMI 03 -23 -06 CITYWIDE WATER MAIN EXTENSION - AREA 2 POSSIBLE REVISIONS TO QUANTITIES AND COST BASED ON PROPOSED WATER MAIN FOR CASABELLA HOMES Item Description Unit Quantity Unit Cost Low Bid Cost Quantity Revision Cost', Revision Revised Total Cost No. i Mobilization LS 1 $ 2,000 $ 2,000.00 0 $ - $ 2,000.00' 2 Maintenance of Traffic - LS 1 $ 2,000 $ 2,000.00 0 $ - $ 2,000.00 Type S-111 Asphalt Overlay (1" Min.), incl. Leveling 3 Course, and Milling at Driveway Approaches and SY 7216- $ 5.50 $ 39,688.00 0 $ - $ 39,688.00 County Roads' Type S -III Asphalt Overlay (1" Min.), 8" Limerock 4 Base (LBR100), 12" Compacted Subgrade (98% SY 289 $ 22 $ 6,358.00 0 $ - $ 6,358.00 of AASHTO T -180) 5 8" DIP Water Main Pipe Class 350, incl. restraints LF 3248 $ 33 $105,560.00 -320 $ (10,400.00) $ 95,160.00 &restoration 6 6" DIP Water Main Pipe Class 350, incl. restraints LF 52 $ 50 $ , 2,600.00 0 $ $ 2,600.00 & restoration 7 Fire Hydrant Assembly including 6" gate valve EA 6 $ 3,000 $ ,18,000.00 0 $ $ 18,000.00 8 8" Gate Valve Complete EA 5 $ 1,300 $ 6,500.00 0 $ - $ 6,500.00 9 8" DIP 45 Degree Bend EA 4 $ 395 $ 1,580.00 2 $ 790.00 $ 2,370.00 10 8 "x8 "'DIP Tee EA 1 $ 550 $ 550.00 0 $ - $ 550.00 11 8"x6" DIP Tee EA 6 $ 535 $ 3,210.00 0 $ - $ 3,210.00 12 16 "x8" DIP Tapping Sleeve and Valve (incl. piping, EA 2 $ 8,000 $ 16,000.00 -1 $ (8,000.00) $ 8,000.00 valves, fittings) 13 8"x8" DIP Tapping Sleeve and Valve (incl. piping, EA 2 $ 5,000 $ 10,000.00 0 $ - $ 10,000.00 valves, fittings) 14 Blow -off Assembly (including plug and flushing EA 3 $ 1,250 $ 3,750.00 0 $ - $ 3,750.00 valve) 15 Air Release Valve Assembly y EA 2 $ 975 $ 1,950:00 -0 $ - $ 1,9 50.00 16 Single Water Service, (incl. 1 "copper, Corp. stops, EA 10 $ 1,175 $ 11,750.00 -1 $ (1,175.00) $ 10,575.00 box, casing sleeve) 17 Dual Water Service, (incl. 1" copper, Corp. stops, EA 4 $ 1,000 $ 4,000.00 0 $ $ 4,000.00 box, casing sleeve) , 18 Connect to Exist. Water Main EA 5 $ 2,900 $ 14,500.00 -2 $ (5,800.00) $ 8,700.00 19 1" Service Line (to be connected to existing water EA 6 $ 500 $ 3,000.00 0 $ - $ 3,000.00 meter by WASD) 20 Owner's Contingency EA 1 $ 10,000 $ 10,000.00 0 $ $ 10,000.00 TOTAL COST $262,996.00 - $24,585.00 $238,411.00 City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT CITYWIDE WATER EXTENSION - AREA 2 Project Location Map 5940 5981 6886 6840 1 6830 6800 1 6790 6770 1 6750 1 5920 1 6609 6001 5964 5965 6004 6646 6626 6606 6520 6500 6005 6800 6050 6015 6645 6625 6605 53 6525 6501 N 6025 _W E 6750 6644 6624 6604 6540 6512 6120 6643 6623 6003 6541 6521 6140 6035 12 6045 6130 6150 6140 31 6400 6900 6700 6650 6630: 6610 6540 6506 6502 6401 � 6890 6790 6421 6420 6649 6629 6609 6521 6511 6501 6440 6450 6510 6511` ar1l)n S E — 6141 0 6622 6602 6524 6514 6504 6161 6151 6642 6201 6202 6220 6225 6867 6845 6825 6785 6771 6765 6761 6200 Q 6649 6629 6609 6200 6899 6210 6211 6240 6245 6250 6648 6628 6608 6221 6250 6840 6820 6780 6770 6760 6250 6275 6855 6835 6815 6791 6781 6771 6627' 6607 6241 6280 6280 6647 6300 6300 6325 f 6301 6310 6310 6311 , 6860 6340` 1 6310 0 6790 6780 6770 6646 6626 6606 .6330 6331 . . 6330 6905 6355 6875 6865 6845 6825 6775 6765 6731 6390 6641 6621" 6601 6551 6521 6350 6351 s ry 6350 6390 6400 6900 6700 6650 6630: 6610 6540 6506 6502 6401 � 6890 6790 6421 6420 6649 6629 6609 6521 6511 6501 6440 6450 6510 6511` ar1l)n soUry South Miami CITY OF SOUTH MIAMI INCORPORATED I 1 fi 1927 P OFFICE OF THE CITY MANAGER oR10 INTER- OFFICE MEMORANDUM 2 001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works `& Engineering Department Agenda Item No.: Date:. April 18, 2006 g Subject: Payment of Emergency Drain Cleaning Invoice Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING 'EMERGENCY DRAIN CLEANING SERVICE BY ENVIROWASTE SERVICE GROUP, INC.- IN AN AMOUNT OF $7,263 TO BE CHARGED TO STORM WATER TRUST FUND ACCOUNT NUMBER 111- 1730 - 541 -4640; PROVIDING AN EFFECTIVE DATE Request: Authorizing the City Manager to pay invoice for emergency drain' cleaning services. Reason /Need: The drain system was cleaned just before one of the hurricane events last season to prevent flooding. Although the vendor ( Envirowaste Service Group, Inc.) was approved last year under the attached vendor's list' resolution number 166 -04- 11945, Envirowaste`did not submit their invoice until the current fiscal year. Cost: $7,263.00 Funding Source: Account No. 111- 1730 - 541 -4640 Backup Documentation la Proposed Resolution Ll Resolution No. 166 -04- 11945 LJ Invoice submitted by Envirowaste Service Group, Inc. 0 Work Service Report 9 1, RESOLUTION NO. 2' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, APPROVING EMERGENCY DRAIN CLEANING SERVICE 5 BY ENVIROWASTE SERVICE GROUP, INC. IN AN AMOUNT OF $7,263 TO BE 6 CHARGED TO STORM WATER TRUST FUND ACCOUNT NUMBER 111 - 1730 -541- 7 4640; PROVIDING AN EFFECTIVE DATE 8 9 WHEREAS, the Mayor and City Commission approve the drain cleaning service performed; and 10 11 WHEREAS, the Mayor and City Commission authorize the City Manager to charge the drain 12 cleaning service to Storm Water Trust Fund account number 111 - 1730 - 541 - 4640. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 15 THE CITY OF SOUTH MIAMI, FLORIDA THAT 16 17 Section 1: That the Mayor and City Commission authorize the City Manager to charge the 18 drain cleaning! service to Storm Water Trust Fund account number '111- 1730- 541 - 4640, with account 19 balance of $7,263 before this request. 20 21 Section 2: The attached agreement is made a part of the resolution. 22 23 PASSED AND ADOPTED this day of , 2006. 24 25 ATTEST: APPROVED: 26 27 28 CITY CLERK, MAYOR 29 30 31 32 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 33 Mayor Feliu 34 Vice Mayor Wiscombe: 35 Commissioner Palmer: 36 CITY ATTORNEY Commissioner Birts: 37 Commissioner Beckman: 38 39 Include File Name and Path � r — �- �7 m,7- - . ' CITY OF SO MIA PURCH PAGE 61 RESOLtMONNO, , 166-04-11945 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VENDORS WITH WHOM EXPENDITURES EXCEED THE $3,000 LIMIT FOR THE CURRENT FISCAL YEAR AS OUTLINED. IN THE CITY CHARTER; CHARGING THE DISBURSEMENTS TO THE CORRESPONDING DEPARTMENT EXPENSE ACCOUNTS AS APPROVED:; IN THE 2004/2005 ADOPTED HUMET; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the city administration wishes to comply with applicable purchasing procedures as stated in City Charter and/or City Ordinances; and WHEREAS, during the current fiscal ym, some city-wide purchases will exceed $50000,00 to the same vendor; and WHEREAS* these' expenditures were previously approved in the 2004/2005 adopted budget; and WHEREAS, we will ("piggy back ") on Mianni Dade County awarded Fuel Bids whieh change prices on a weekly basis; and WHEREAS, in accordance with the city's competitive bidding procedures the list of vendors below have been approved by either `piggy backing" from state, county, municipal Bids or quotes; and NOW, THEREFORE, BE 1rr RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH nIIAM[, FLORIAA: ` Smfion 1 That the City Manager*has notified the City Commission of purchases that are estimated to exceed $5,000 by the end of the fiscal year to the following vendors: 1 -Ace Lawmower $14,000.00 20-Global Industrial $ 70000,00 2 -Al#i l?lectronics $1E4,500,00 21- Graphic Design Intl $ 6,000.00 3- Aether Systems $ ;6,000.00 22- Harrison Uniforms $ 8,000.00 4- American Genuine $ 7,000.00 23•Hewlet Packard $15,000.00 5- American Truck Crane ' $ , 6,000.00 24 -HTP $50,000.00 6 -Am irilumber $12,500.00 25- Xilowatts Electric $ 8,000.00 7-ATP Petroleum $ 8,000.00 26 -Law Enf Supply $25,000,00 $ -Auto Miami Paint & Body $15,000.00 27 -Mac Paper $20,000.00 9 -BV Q l 175,000.00 28- Martino Tire $10,000.00 10- Benson Electric $ 7,000.00 29 -Miami Dade 1'rD Radio S20,000.00 I 1- Brand ' iJ* Out $27,000.00 30 -Miami Herald $55,000.00 12 -CDW -G Computing $10,000.00 31-Office DeM $35,000.00 13 -Coral Gables L/M $12,000.00 32 -Omar & Sons A/C ; $17,000.00 14-Cosgrove Enterprises $14,000.00 33- Palmetto Ford Truck $ 8,000.00, 15 -Daily Business Review' $10,000.00 34 -Pride of Florida $ 8,000:00 16-Dell': $80,000.00 35 -Sopus $ 6,000.00 17- Display Sales $15,000.00 36- Tropical Intl $ 6,000.00' 18 -EnlW *aste $25,000.00 , 37 -South F1 Maint $20,000.00 19- General Weldiztg $ 7,000.00 38 -US Lawns $15,000.00 i S. Miami, FL 33243 -1494 TEL 305 -637 -9665 FAX 305- 637 -%59 BILL TO City of South Miami, Central Services 4795 SW 75 Avenue Miami, FL 33155 Attn: Ms. Alina Menocal DATE INVOICE # 10/6/2005 05-248 - P.O. NO. TERMS Due on receipt PROJECT 05-5 DESCRIPTION RATE AMOUNT ITEM QUANTITY Work performed from 09/26/2005 to 09/30/2005 C. South Miami 57 French Drain 75.00 4,275.00 C. South Miami` 1,494 Pipe 2.00 2,988.00 Site Location: Please see attachment FEB 2006 PUBLIC W RKS OFFICE Thank you for your business. Total $7,263.00 Payments /Credits $0.00 Balance Due $7,263.00 FOR PROPER CREDIT, PLEASE= Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH L Street Address: �, 2 C.k "I Street Address: (o Pipe Diameter: Total Length: Pipe Diameter: Total Length: Roots: Yes No Roots: Cles No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W W NOiRTH / NORTH JI 1-2, 1 Street Address: S'k 59 jk Street Address: Pipe Diameter. Total Length: Pipe Diameter. Total Length: Roots: Yes No Roots: Yes No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N VU V1/ NORTH ! i NORTH 7 Street Address: '/ S treet Address: Pipe Diameter./ Total Length: Pipe Diameter: / Total Len the Roots: Yes No Roots: Yes No Comments: Comments Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH .Z rStre et Address: { Z S , Street Address: Diameter. Total Lenoth: Pi e Diameter: Total Length: Roots Yes No Roots: Yes No Comments: Comments: l Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH , 6 i 2,61 Street Address: Z T Street Address: - C- Pipe Diameter: ZJ Total Length: Pipe Diameter: /Total Length: Z Roots: Yes ` No Roots: Yes No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH Z_--- NORTH Street Address: Street Address: Pipe Diameter: Total Length: Pipe Diameter. Total Length: Roots: Yes No Roots: Yes No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORT NORTH Street Address: " f Street Address: Pipe Diameter: ;, Total Length: Pipe Diameter: Total Length: Roots: Yes No Roots: Yes No Comments:'' Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH Street Address:( ti reet Address: Pipe Diameter". Total Len the / e Diameter: Total Length: Roots: Yes No Roots: Yes No Comments: Comments: ,..« Catch Bassing Location Catch Bassing Location GPS N GPS 'N W W NORTH NORTH Street Address: ( s `j treet Address: Pipe Diameter: ' Total Length: Pipe Diameter: Total Length: Roots: Yes No Roots: Yes No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W IN NORTH NORTH Street Address: ,, ~� S� treet Address: Pipe Diameter: Total -Len the - Pipe Diameter.- Total Length: - - - - Roots.- Yes No Roots: Yes j No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH Street Address: 9 'b'�' Street Address: Pipe Diameter: Total Length: Pipe Diameter: Total Length: Roots: Yes No Roots: Yes No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH Street Address: Street Address: Pipe Diameter: Total Length: Pipe Diameter: Total Length: Roots: Yes No Roots: Yes No Comments. 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Total Length: Roots: Yes No Roots: Yes No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH J Street Address: ; -S Street Address: Lo ? S Pipe Diameter: � Pi e Diamete. "Total Length: Roots: Yes No Roots: ' Ye No Comments: Comments: ., . ,r�. h. a� w t,u. Catch Bassing Location Catch Bassing Location GPS N GPS N W W `NORTH NORTH Street Address: `S6L- , ; Street Address: ��(� �(.�' 66 5 Pipe Diameter- Total Len the Pipe Diameter: 6 Total Len the %, Roots: Yes No Roots: Yes No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH l Street Address: �, "� Street Address: >. = r Ce Pipe Diameter: Total Length: 3 Pipe Diameter: Total Length: Roots: '' Yes No Roots: Yes No Comments: Comments: ., . ,r�. h. a� w t,u. Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH Street Address: Street Address' Pipe Diameter. Total Length: Pipe Diameter: Total Length: Roots: Yes No Roots: Yes No Comments: Comments: Catch Bassing Location Catch Bassing; Location GPS N GPS N W W NORTH NORTH Street Address: Street Address: Pipe Diameter. Total Len Pipe Diameter: Total Length: Roots: Yes No Roots: Yes No Comments: Comments: i Z Catch Bassing Location Catch Bassing Location GPS N GPS N W W r NORTH AORTH t i f 4b LI X17 Street Address: 2d PI _ Street Address: P(___i 2-0 Pipe Diameter. 5 Total Length: Pipe Diameter. Total Length: Roots: Yes No Roots: Yes No Comments: Comments` Catch Bassing Location Catch Bussing Location GPS N GPS N W W NORTH NORTH y. Street Address: Street Address: -� Pipe Diameter: Total Length: Pipe Diameter: Total Length: Roots: s No Roots: Yes No Comments: Comments: .: _ p,. E ing Location Catch Bassing Location' GPS N W NORTH ' NORTH Street Address: Street; Address: Pipe Nameter. Total Len the �Yr _ y Pipe Diameter: Total Len the Roots: Yes No Roots' Yes No Comments: Comments: catch Bassing Location Catch Bassing Location GPS N GPS N 1N W NORTH NORTH Street Address: Street Address: Pipe Diameter. Total Length: Pipe Diameter: Total Len the Roots: Yes No Roots: Yes No Comments: Comments: --•`:? — "�""'"a. ��.: .— f+�}o-'+,°a -, =�hT�' � UY., a, �`�r, - '^i'?,rm'iF.J .P! F, Catch Bassing Location ' Catch Bassing Location GPS N GPS N W W NORTH NORTH Street Address: Street Address: Pipe Diameter. Total Length: Pipe Diameter. Total Length: Roots: Yes,/' ` No Roots: Yes -w, , No Comments: Comments: , Catch Bassing Location Catch Bassing Location GPS N GPS N W NORTH NORTH Street Address_ ' '£ {` _ ..t Street Address: - f Pipe Diameter Total Len Pipe Diameter: Total Length: Roots. Yes No Roots: Yes No Comments: Comments; Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH Street Address L:- a Street Address Pipe Diameter. Total Length: Pipe Diameter: Total Len the Roots: Yes No Roots: Yes No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W w NORTH NORTH Street Address: - _ Street Address: Pipe Diameter. Total Len Pipe Diameter_ Total Length: _ Roots: Yes No Roots: Yes No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS `N W W NORTH NORTH _ Street Address > ,J` _ ' . r :. Street Address: Pipe Diameter. Total Len th Pipe Diameter: Total Length: Roots: Yes No Roots: Yes ',No Comments: Comments: Catch Bassing Location Catch Bassing Location GPS N GPS N W W NORTH NORTH .a f, Street Address � °� - ` -� � - Street Address , Pipe Diameter. Total Len the Pipe Diameter. Total Length: Roots: Yes No Roots: Yes No Comments: Comments: Sour South Miami H 7 A14nmdcaCtty 4 1111 ,NCORPoRATEO . CITY OF SOUTH MIAMI 1927 OFFICE OF THE CITY MANAGER INTER - OFFICE 'MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via Yvonne S. McKinley, Acting City Manage From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: April 18, 2006 Agenda Item No.: Subject: The purchase of 2 emergency air condition units for the CAA Headstart Center. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE EMERGENCY PURCHASE 'ORDER WITH DADELAND AIR CONDITIONING FOR TWO AIR CONDITION UNITS FOR THE COMMUNITY ACTION AGENCY — `HEADSTART CENTER IN AN AMOUNT OF $6,800 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001 - 1710 -519 -3450; PROVIDING AN EFFECTIVE DATE Request: Authorizing the City Manager to execute emergency purchase order for 2" air condition for the Community Action Agency Headstart Center. Reason /Need: To provide much needed air condition systems for the headstart kids in the CAA Center. ` Cost _ $6,800.00 I. Funding Source: Account No. 001-1710-519-3450 Backup Documentation: 0 Proposed Resolution ❑ Three proposals from vendors. 1 RESOLUTION NO' 2 3 A RESOLUTION OF THE MAYOR AND CITY ` COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE 5 EMERGENCY PURCHASE ORDER WITH DADELAND AIR CONDITIONING FOR 6 TWO AIR CONDITION UNITS FOR THE COMMUNITY" ACTION AGENCY 7 HEADSTART CENTER IN AN AMOUNT OF $6,800 TO BE CHARGED TO PUBLIC 8 WORKS DEPARTMENT ACCOUNT NUMBER 001- 1710- 519 - 3450 PROVIDING AN 9 EFFECTIVE DATE 10 11 WHEREAS, the Mayor and City Commission wishes to provide air condition systems for the 12 Community Action Agency /Headstart Center; and 13 14 WHEREAS, the Mayor and City Commission authorize the City Manager to execute purchase 15 orders with Dadeland Air Conditioning for an amount of $6,800 to be charged to Public Works 16 Department account number 001 -1710- 519 -3450 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 19 THE CITY OF SOUTH MIAMI, FLORIDA THAT 20 21 Section 1: That the Mayor and City Commission authorize the City Manager to execute 22 purchase orders with Dadeland Air Conditioning for 2 Air Conditioning Units for the Community Action 23 Agency /Headstart Center. I 24 25 Section 2: That the Mayor and City Commission authorize the City Manager to charge the cost 26 of the air conditioning units to the Public Works Department account number 001 - 1710 -519- 3450, with 27 account' balance of $23,860.04 before the purchase. 28 29 Section 3: The attached agreement is made a part of the resolution. 30 31 PASSED AND ADOPTED this day of , 2006. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 39 40 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 41 Mayor Feliu: 42 Vice Mayor Wiscombe: 43 Commissioner Palmer: 44 `CITY ATTORNEY Commissioner Birts: 45 Commissioner Beckman: 4'6 47 Include File Name and Path Dadeland Air Conditioning P.O. Box 430910,, Miami,; FL 33243 PHONE 305 - 665 - 2275 FAX 305 -665 -0677 PROPOSAL SUBMITTED TO DATE: MARCH 30, 2006 City of South Miami -- Public Works Dept. JOB LOCATION: 6125 SW 68 ST. 4795 SW 75 Ave. Miami, FI 33155 ATTENTION: Mr. Rudy De La Torre FAX 305 -668 -7208 ' PHONE: Office 305 - 6634350 EXACT REPLACEMENT TRANE CONDENSING UNIT 10 TON R22 TTA120A30OF INSTALLED TO EXISTING LINES AND EXISTING `ELEC'FRIC AND USING EXISTING STAND. SUB - TOTAL: $3900.00 EXACT REPLACEMENT 3 TON BARD PACKAGE UNIT MODEL # P-1 136A1 INSTALLED TO EXISTING DUCTS, AND DRAIN AND USING: EXISTINGSTAND. SUB- TOTAL: $2900.00 PRICES INCLUDE ONE CRANE SERVICE FOR BOTH PIECES INSTALLED. TOTAL: $6800.00 PLANS. PERMITS AND CODE COMPLIANCE EXTRA AT TIME AND MATERIAL WE PROPOSE hereby to furnish material and labor complete in accordance` with above specifications, for the sum of SIX THOUSAND EIGHT - HUNDRED AND NO DOLLARS ($6800.00) ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED. ALL WORK TO BE COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES. ANY ALTERATION OR DEVIATION FROM ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS WILL BE EXECUTED ONLY UPON WRITTEN ORDERS, AND WORK BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS, OR DELAYS BEYOND OUR CONTROL OWNER TO CARRY FIRE- TORNADO AND OTHER NECESSARY INSURANCE. 60% DEPOSIT AT EXECUTION OF PROPOSAL REMAINDER UPON COMPLETION OF JOB. NOTE- This Proposal may be withdrawn by us if not accepted within ten days. Authorized Signature Date ACCEPTANCE OF PROPOPSAL --The above prices. specifications and conditions are satisfactory and are hereby. accepted. You are authorized To do the work as specified. Payment wig be made as outlined above. DATE OF SIGNATURE Signature Signature y At _ 3 i, AR CO[ 01TIO WNG3 INC. Sal 's Service Installation / Resideritial - Coiiii-nercial #CAC042629 12206 SAV 131 Avenue, Miami, FL 331.86 Relephone: (305) 255 -170=1 Fax: (305) 256 -8535 Proposal Date Due Date P.O.# 1171 -101 3/17/2006 4/16/2006 Job Name: CITY OF SOUTH MIAMI 4795 S.W 75TH AVENUE 6125 S.W 68 STREET ATT :RUDY DE LA TORE MIAMI, FL MIAMI, FL 33155 305 663 - 6350 305 668 - 7208 We Hereby Submit Specifications And Estimates For: ESTIMATE TO REMOVE EXISTING 10 TON CONDENSER AND REPLACE WITH NEW 10 TON AMERICAN STANDARD TRANE CONDENSER "HOOK UP TO EXISTING PIPING AND ELECTRICAL. LABOR AND MATERIAL TOTAL PRICE $ 3,900.00 ' ESTIMATE TO CHANGE OUT 3.0 TON BARD PACKAGE UNIT AND HOOK UP TO EXISTING ELECTRICAL I, AND DUCTWORK.LABOR AND MATERIAL TOTAL PRICE $ 2,950.00 ALL ABOVE QUOTE INCLUDE CRANE AND PERMIT. Payment to be made as follows: UE UPON COMPLETION ' 100% D All material is guaranteed to be as specked. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon delays beyond our control. Purchaser agrees to pay all costs of collection, including attorneys fees. This proposal may be withdrawn by us if not a pted by the above due date Authorized ice Signature Sjgnatur .. Date / fl 04/11/2006 05:09 93056687208 CITY OF SOUTH MIAMI PAGE 01/01 FROM :OMARANDSONSERUZCE -INC. FAX NO. :305 688 4924 Mara 14 2000 07 :33AM P5 2 Project Summary gent: City of South Miami. Company: Omar & Son Services, Inc. Contact: Mr. Rudy Contractor. Omar Gomez Job Names South Miami (Day - Care). Phone: 305- 6884949; 305 -219 -6495 Job Location: 6125 SW 68 St. Fax: 305- 688 -4924 South Miami, Plorida 33143 We propose to • Fum ish all the labor and material required to camPlcte the job specifications as a*wd on this contract. 40 ftlacmettt of (1) 10 Ton Condevsing Unit.on roof to Code Approved standard9. + Makc: Ammican Standard/ Trane- 10-Ton (208/230- 3 »Phase) • Seem above conde nsin unit to existing roof `stand. + Welding of refi*rant lines and complete charge with Freon-22. Crane services included. O R ING''><US10NS• • C , oil • Uninstall existing electrical (220 -24 volts) to A/C unit on roof. • ReinSatall eaoisttfing electrical work to A/C unit on roof' • Exclusions/Comments: Mechanical permits included Full warranty on Compressor for 5- years, l -Year Parts and Labor. Pricing and Payment Schedule on A/C aAit Total cost of materb4 labor and permit fees: $5,.200.00 Deposit: 0 % upon acceptmce of pkoposal XOQ% upon final inspection Suture indicating acceat ng above IpMEosal: Customer) Ait on g Eontraotar bats FROM :OMARANDSONSERVICE -INC. FAX NO. :305 688 4924 Mar. 14 2006 07:33AN P6 2 Project Summary Client: City of South Miami. Company: Omar & Son Services, Inc. Contact: Mr. Rudy Contractor: Omar Gomez Job Name: South Miami.( Day Care) Phone: 305- 6884949; 305- 219 -6495 Job Location: 6130 Sunset Dr. Fax: 305 - 688 -4924 South Miami, Florida 33143 We propose to • Furnish all the labor and material required to complete the job specifications as agreed on this contract. • Installnew Central A/C units to Code.Appiroved standards. • Make: Bard 3.0 Ton ( Package A/C unit) (208!230 -1- Phase) Secure above A/C io existing roof-stand. • Repair existing fiberglass ductwork on roof (as needed). • hnstall new outside air intake (25 %) • Install heater strips (220- volts) • Crane services included: OTHER INCLUSIONS: ELECTRICAL -WORD + Ueinstall existing electrical (220 -24 volts) to A/C unit on roof. Reinstall existing electrical work to A/C unit. on roof after being raised to new curb - .adaptor. Exclusions/Comments.- Mechanical permits included. ' Hill warranty on Compressor for 5- years, 1 -Year Parts and Labor. Pricing and Payment Schedule on A/�C'units Total cost of materials, labor and permit fees:. $2,490.00 -Mposit: 0 % upon acceptance of.proposal 100% upon final inspection Signature indicating accepting above Aronosal: CV110TV1 is Air -condi Contractor Date t'ry CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM 1'o: mayor Horace Feliu and Date: April 7, 2006 City Commission From: Luis R. Figueredo Office City Attorney Re: South Miami Parking Garage, Nagin Gallop Figueredo, P.A. Sub -lease of Retail Space The City of South Miami and Mark Richman Properties (MRP) are parties to a Lease Agreement dated March 11, 2005 for the South Miami Parking, Garage. Under the lease agreement MRP is required to construct and manage the parking garage and retail space at the site. A critical component of effectively managing the retail space is MRP's right to enter into sub -lease agreements with retail tenants. Specifically, paragraph 22.1.3 of the Lease Agreement provides that MRP' shall have the right to sub -lease any portion of the retail space tenancy. In order to accommodate MRP's efforts to sub -lease of the retail space the City would have to sign off on the sub tenants' lease agreements (sub- leases). MRP has two possible anchor sub- tenants, for the retail space within the parking garage, they are: Carrabba's /Tropical Coast, L.P., and Outback/South Florida -II, L.P. The Attached Sub -Lease Agreements between MRP and Carrabba's /Tropical Coast, L.P., and Outback/South Florida -II, L.P., require that the City execute Joinder Agreements. The purpose of a Joinder Agreement is to provide a sub- tenant with the assurance that the City of South Miami, as the ultimate landlord, recognizes the sub- tenants' sub -lease agreement. Moreover, it confirms that in the event the Master Lease between the City and MRP is terminated, for example, as a result of a default by MPR under the Master Lease, the sub- tenants shall be entitled to maintain their rights to operate their leased premises under the terms of the attached sub - leases. In short, in the event of the termination of the master lease, the City would become the landlord, and would be bound to the terms and conditions of the attached sub- lease agreements. The sub- tenants would then issue payment to the City. The Joinder Agreements provide the sub- tenant with written assurance that as long' as they comply with the terms and conditions of their sub -lease agreements, they shall have the right to peacefully and quietly enjoy and operate their restaurant establishments for the duration of their sublease agreements. Mayor Horace Feliu and City Commission April 10, 2006 Page 2 of 2 We have reviewed the proposed Sub- Leases and Joinder Agreements and recommend the City execute same. The sublease agreements are standard commercial leases. rea�° -��� •i, �, sr--,: r�: �. �i�s;.;, 3r` ;' �.. a�?: vsa; ; �., �' .""��'*,°- �r'"�°�,..a._,.. =s "�"'�^^„�'. =.,- mx€ w": �, e" ` �,,. n.. �` T„.:„'�;^�'++,°h�,-;`;:.��, .'� ;:,` 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 CONTRACT; AUTHORIZING THE CITY MANAGER TO 7 EXECUTE A JOINDER OF MASTER LANDLORD 8 AGREEMENT FOR SUBLEASE BY MARK RICHMOND 9 PROPERTIES, INC. (MRP), WITH OUTBACK/SOUTH 10 FLORIDA -II, L.P.; PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Mayor and City Commission of the City of South: Miami 14 and Mark Richman Properties (MRP) are parties to a Lease Agreement dated 15 March 11, 2005. 16 17 WHEREAS, under the lease agreement between the City and MRP, MRP 18 shall construct and manage the parking garage and retail space. A - critical 19 component of effectively managing the retail space is MRP's right to enter into a 20 Sub -Lease Agreement with a retail tenant; and, 21 22 WHEREAS, MRP has a prospective tenant willing to execute a Sub- Lease 23 Agreement with MRP for the retail space; and 24 25 WHEREAS, as part of the Sub -Lease Agreements with the tenant, the 26 Master- Landlord (the City) needs to sign off on the Sub -Lease Agreement and 27 Joinder Agreement; and 28 29 WHEREAS, the attached Sub- Lease` Agreement between MRP and 30 Outback/South Florida -II, L.P., provides for the City to execute a Joinder 31 Agreement; and 32 33 WHEREAS, the Joinder Agreement provides the Sub- Tenant with written 34 assurance that as long as Sub- Tenant complies with the terms and conditions of 35 the Sub - Lease Agreement, they individually have the right to peacefully and 36 quietly enjoy and operate its establishment in the retail space located within the 37 parking garage, despite any termination by the City of the underlying main lease 38 with MRP due to any noncompliance by MRP; and 39 40 WHEREAS, in effect, the Joinder Agreement, would substitute the City as 41 Landlord to the prospective tenant should MRP default; and 42 Additions shown by underlining and deletions shown by °ring. WTR I WHEREAS, the Mayor and City Commission desire to execute the 2 attached Sub -Lease and Joinder Agreement. 3 4 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 6 7 Section 1. The above whereas clauses are incorporated by reference. 8- 9 Section 2. The city commission authorizes the acting City ;Manager to 10 execute the attached Joinder of Master Landlord Agreement and Sub -Lease with 11 Outback/South Florida -II, L.P., marked as composite Exhibit "1 ". 12 13 Section 3. This resolution shall take effect immediately upon approval. 14 15 PASSED AND ADOPTED this day of April, 2006. 16 17 ATTEST: APPROVED: 18 19 20 CITY CLERK MAYOR 21 22 23 COMMISSION` VOTE: 24 READ AND APPROVED AS TO FORM: Mayor Feliu: 25 Vice Mayor Wiscombe: 26 Commissioner Birts: 27 OFFICE OF CITY ATTORNEY, Commissioner Palmer: 28 NAGIN, GALLOP & FIGUEREDO, P.A. Commissioner Beckman: 29 Page 2 of 2 Sublease Between Mark Ricluuan Properties, Inc. ( "Landlord ") And Outback/South Florida -Il, Limited Partnership ( "Tenant ") I i i -�' SUBLEASE THIS :[;EASE is entered into by and between Mark Richman Properties, Inc., a Florida corporation, ( "Landlord ") and Outback/South Florida -11, Limited Partnership a Florida limited partnership, ( "Tenant ") and is effective on the date executed (including the initialing of all changes made after the first party's execution) by the last of Landlord and Tenant (the "Effective Date"), WHEREAS, Landlord and City of South Miami ( "Master Landlord") are parties to that certain lease agreement dated March 11, 2005, ( the "Master Lease "), pursuant to which Landlord is to construct that certain development known as the 73" Street Shops; located at the Southwest corner of Southwest 73 "' Street and Southwest 58`x' Avenue, South Miami, F133143 (a legal description of which is attached hereto as Exhibit "A -I ") ( "Development "); and WHEREAS, Master Landlord desires to join in this Sublease and agrees with and for the benefit of Tenant asset forth in the "Joinder of Master Landlord" attached, hereto; and WHEREAS, Landlord and Tenant desire to enter into this Sublease for that certain premises containing approximately 6,520 square feet and located in the Development. NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I - GRANT AND TERM 1.1 GRANT. In consideration of the rents, covenants, and agreements herein set forth, Landlord hereby leases to Tenant and Tenant hereby rents from Landlord that certain premises containing' approximately 6,520 square feet, and located in the Development, as further designated on the Development site plan attached hereto as Exhibit "A" (the "Site Plan ") together with all easements, rights and privileges appurtenant thereto (the "Premises"). The actual square footage of the Premses shall be calculated upon completion of Tenant's Work, hereinafter defined, and confirmed by Landlord's architect. The measurement of the Premises shall only include the actual area within the walls of the Premises, measured to the centerline of any walls shared by the Premises with another premises in the Shopping Center and to the exterior face of any exterior walls. Such agreed upon measurement shall be used for the calculation of Base Rent and Tenant's pro -rata share of Operating Expenses, Insurance, and Real Estate Taxes due under this Lease: 1.2 QUIET ENJO"IIENT. Subject to the terms, covenants and conditions of this Sublease, Landlord warrants and covenants that Tenant shall peacefully and quietly have, hold and enjoy the Premises for the entire Term of this Sublease. 1.3 TERAIL The original term of this Sublease shall consist of "Preliminary Term" and an "Initial Tenn ". The pluase "Tern shall mean, collectively, the Preliminary Term, the Initial Tern, and any Renewal Term for which an option has been exercised by Tenant. A. Prelinunary Term. The Preliminary Term shall continence on the Effective Date and shall end on the commencement of the Initial Term. B. Tender, Commencement and Initial Term. Landlord shall use diligent good faith effdrts to tender possession of the Premises, with the Landlord's Work as set forth in Section 5.1 completed, on or before March 31; 2007 (the "Anticipated Tender Date "). The date that possession of the Premises is actually tendered to Tenant, with the Landlord's Work as set forth in Section 5.1 completed, is referred to in this Sublease as the "Tender Date ". in the event that the Tender Date does not occur on or before September 30, 2007 (the "Outside Tender Date "), Tenant, in addition to any remedy it may haveat law or in equity, shall have the right, upon written notice to Landlord given it any time prior to the actual Tender Date, to terminate this Sublease. The Initial Term of this Sublease shall coninience c n the earlier of (a) one hundred twenty (120) days after the later of (i) the Tender Date with Landlord's Work completed and _ (ii) the expiration (or Tenant's earlier waiver) of all the contingencies set forth in Sections 1.5 A, B, C and D hereunder 2 ,. , ..... � (collectively, "Tenant Contingencies ") or (b) the date Tenant first opens for business to the general public (the "Conuuenceuient Date "), and shall end at the expiration of the tenth (10tl) Sublease Year (the "Initial Terni "), subject to Tenant's options to renew as set forth herein. The parties agree to execute the Term Connnencement and Expiration Agreement in the form of Exhibit "I+" attached hereto within thirty (30) days after the ConunencementDate. C. Renewal Options. Tenant shall have the option to renew this Sublease for four (4) consecutive renewal terms (each a "Renewal Term ") of five (5) years each, commencing on the first day following the expiration of the Initial Term or the then current Renewal Term, subject to the terms and conditions set forth herein. if Tenant is not in default beyond the expiration of any applicable cure period of a monetary covenant or a material non - monetary covenant under this Sublease, Tenant may renew this Sublease as provided above upon giving Landlord written notice of such renewal not less than one hundred eighty (180) days prior to the expiration of the then current Terns. It is the intention of the parties to avoid forfeiture of Tenants right to extend the Terns of this Sublease under any of the options set forth in this Section through inadvertent failure to give notice of exercise thereof within the time linits prescribed. Accordingly, if Tenant should fail to give notice to Landlord of Tenant's election to extend the Term of this Sublease for any of the aforesaid Renewal Terms, Tenant shall not be deemed to forfeit its right to renew until such time as Landlord gives ten (10) days written notice to Tenant that Tenant's notice to exercise a Renewal Term is due, and only upon Tenant's failure to exercise such Renewal Term within the additional 10 -day notice period shall Tenant's option to renew terminate. D. Sublease Year. For purposes of this Sublease, a "Sublease Year" shall be defined as that twelve (12) calendar month period during the Initial Term or any Renewal Term conunencnng on the Connnencement Date or the annual'- amniversauy thereof, as may be applicable; provided, however, that if the Corrnnencement Date is a day other than the first day of a calendar month, then the first Sublease Year shall include that period of time from the Conunencement Date up to the first day of the next calendar' month and the following twelve (12) calendar months, and any subsequent Sublease Year shall be the twelve (12) month period beginning on the first day of such month. 1.4 COMMON AREAS. A. Easements. Tenant and its customers, employees and invitees are hereby granted during the term of this Sublease the non- exclusive right and easement, in connnon with Landlord and other tenants of the . Development, as it exists from time to time, to use, without charge (except as may be specifically set forth in this Sublease), all exterior walkways,; driveways and access areas (including curb cuts),` sidewalks, service areas and rear doors for deliveries, and other areas in the Developiinent (except for the conullercial'parking garage area) designated by Landlord or otherwise available for the cou�nunon use of the tenants of the Development (tare "Conunon Areas ") for the normal or untended purposes of such areas. Landlord fiirther grants to Tenant during the term of this Sublease a non- exclusive right and easement over that portion of the Development as may be required by Tenant to access or install utility lilies or connections for Tenant's use, or to improve, renovate and maintaun the Premises; provided Tenant requests Landlord's prior approval for suchaccess, installation or coruiectionand Landlord's approval shall not be unreasonably withheld B -1. Protected Area. The layout and condition of the Development as shown oil the Site Plan is a material consideration for Tenant entering into this Sublease. Unless approved in writing by Tenant, no change, alteration or addition shall be made to the Development in any material respect, including but not limited to, the configuration of the Common Areas, methods of ingress and egress, lighting, curbing or parking areas. All parking will be either metered or available to Tenant's customers for a flat daily fee, at Landlord's discretion. Tenant may withhold such approval in its sole reasonable discretion if Tenant believes such change, alteration or addition would adversely affect (i) its business being conducted in the Prenises, (ii) the access to, or parking for the Premises, or (iii) Tenant's use and enjoyment of the Premises. Landlord shall not designate or reserve (or permit any tenant or other occupant of the Development to designate or reserve) any portion of the parking area in the Developin t.��e exclusive use of awry tenants of the Development or any other person except that (i) Landlord shall designate e' arking spaces, located on S.W. 73d Street, for Tenant's "take oat" parking, and (ii) Landlord shall be permitted to sell parking "Decals" which will entitle the holder to park in the garage without paying the meter or flat -rate fees. The holder of the Decal maybe restricted to a specific floor or parking spike. "Take Out" parking, as currently operated by Tenant, utilizes a separate entrance and provides for customers to place orders either by phone or fax (and potentially the intemet) and to pull into Y 3 J C . one of the designated spaces to receive their order, and then the bill is settled and the food delivered to the patron without the patron leaving their vehicle. B -2. Parkine Area. Landlord and Tenant acknowledge that Landlord shall have available 125 parking spaces in the five (5) parking levels of the Development (the "Parking Area "). Tenant's customers allay, at the customer's option, utilize Landlord's valet parking service (which valet parking rates shall be set at a competitive rate with other local valet services) or self park within the development's parking garage at the then current daily rate as set by the Master Landlord, however employees, customers, licensees, invitees, successors and assigns, and other persons having business with Tenant shall not be required to use to Parking Area. Landlord agrees that the Parking Area is a material consideration for Tenant entering into this Sublease. C. Restrictive Covenants, In recognition (i) that the availability of adequate parking is critical to the success of Tenant's business, and`that certain uses create extraordinary demands for the parking capacity at the Development, and (ii) of Landlord's and Tenant's agreement that certain uses are inconsistent with the desired class and character of the Development, and (iii) of Landlord's agreement to provide to Tenant an exclusive for Tenant's use as provided for in Section I AC(j) hereinbelow, Landlord covenants and agrees that it will not operate or peen it any other tenant or occupant to operate: (a) I a bar or tavern, which is defined as an establislnnent that receives more than thirty -five percent (35 %0) of its food and beverage revenue from the sale of alcoholic beverages in any portion of the Development. (b) a movie theater, auditorium or other place of public assembly, school or other place of instruction, bowling alley, skating rink, book store in excess of 10,000 square feet, or grocery store in the Development. (c) a pool hall, children's entertairmient complex or facility, gauze room or arcade, health club, gyre, martial arts, yoga, aerobics or fitness studio in any portion of the Development, except that Landlord shall have the option of allowing one (1) fitness and weight loss studio of up to 2,000 square feet, which offers only "one on one" personal consultation. d an adult entertaimnent facility, but notliniited to an adult bookstore, adult video {) ry, g, store, nude or senii-nude enter t i isle nt facility, e parlor, strip show, lin g erie exhibition or shop, establishment for the sale, rental, display, viewing or exhibition of pornographic or "adult only" materials (including, without limitation, magazines, books, movies, videos and photographs), or any establislnnentfor the sale of items or paraphernalia that are untended to be or commonly are utilized in connection with the use of illegal drugs in any portion of the Development; provided that this paragraph shall not prohibit (i) the sale or rental, of "adult" videos or books in coiuiection with a frill line video or book store, (ii) the;operationn of a business providing bonafide massage therapy, or (iii) an upscale lingerie shop sindlar in use and concept to "Victoria's Secret ". (e) a telemarketing or similar operation, off -track betting, gaming or bingo establishment in any portion of the Development, (f) a flea market, any use which is a public orprivate nuisance, any use which produces noise or sound that is objectionable due to internuttence, beat, frequency, shrillness or loudness; any use which produces obnoxious odors (excluding restaurant odors); any use which produces an excessive quantity, of dust, dirt, or fly ash; any use which produces fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks; any use which produces noxious, toxic, caustic or corrosive fuel or gas; any industrial, distillation, refining, smelting, recycling, agriculture, manufacturing, assembling, drilling, raining or subsurface operations in any portion of the Development, except that Tenant acknowledge Landlord may operate or permit the operation of a flea market or automobile auction on top floor of the Developments parking garage on Saturdays and Sundays between the hours of 8:00 AM and 4:00 PM, provided that such use does not interfere with Tenant's business operations. (g) any mobile house or trailer court, junk yard, stock yard or animal raising operation in any i portion of the Development; provided that this paragraph shall not prohibit pet shops or veterinarian offices. 4 (h) any dumping of garbage, junk, recyclable materials or refuse, other than that produced in comiection with the Development and disposed of in enclosed receptacles intended for suchpuupose in any portion of the Development. W any cemetery, crematorium, mausoleum, mortuary, funeral parlor or similar service establishment in any portion of the Development. (j) any "steakhouse" restaurants in any portion of the Development. A " steakhouse" restaurant shall mean any restaurant (i) with the word "steak", prune rib", or "beef', or any variation thereof, or any other words that give a connotation of a steakhouse theme or atmosphere in its name, or (ii) where steak, prime rib, or beef is specified in its advertising or marketing efforts, or (iii) where steak, prime fib, and beef collectively constitute twenty percent (20 %) or more of its entree items or twenty percent (20%) or more of its entree sales computed on a dollar basis. In the event Tennant is operating a restaurant other than a steaklionue restaurant; in lien of a steakhouse exclusive, Landlord agrees that it shall not operate or permit the operation of any restaurant format which duplicates the p many featured food concept of the restaurant then being operated on the Premises. Landlord agrees and represents to Tenant that all tenants and occupants of the Development shall be bound by the terms of this Section except that notwithstanding the above, the restrictive covenants contained in this subsection C shall not apply to any prohibited use in operation in the Development as of the Effective Date of this Sublease ('Existing Prohibited Uses ") pursuant to an existing written lease. All the Existing Prohibited Uses and their locations in the D eve loptnent are shown on Exhibit" A-2 ". This exception shall, however, only apply during the teen of such existing written lease, including renewals provided for therein and shall not apply to any modifications of such leases executed after the Effective Date. D. Interference With Operation. If (a) there is a violation of the tennis of Section 1.4 C, or (b) Tenant's normal business operations are adversely interfered with, in any material respect, as a result of (i) any obstruction caused by Landlord, its contractors, agents, employees, or other occupants of the Development, or which is Landlord's obligation to cure under this Sublease preventing Tenant's customers convenient access to the Premises, (ii) any change, alteration or addition to the Connnnon Areas in violation of Section 1.4 B, in any material respect, or (iii) any interruption in any utility service to the .Premises caused by Landlord, its contractors, agents, or employees or other occupants of the Development or which is Landlord's obligation to cure under this Sublease, or (c) Landlord otherwise interferes, in any material respect, with Tenant's use of the Pre ►irises or Corm-non Areas in any way not expressly permitted by this Sublease, Landlord agrees to take any and all connnnercially reasonable action to cure the violation or interference as soon as reasonably possible, including the taking of any and all interim measures as may be available to mitigate any adverse impact on Tenant's business.' In the event Landlord fails to comply with the obligation imposed by the preceding sentence, Tenant may, without waiving its right to pursue any other remedy available to Tenant under this Sublease or applicable law, itself take such action as is necessary to cure the violation or interference (including interim mitigation of any adverse impact) and offset any reasonable costs and expenses incurred in connection therewith against the Rent next conning due under this Sublease. If any violation or interference continues for more than twenty four (24) I' hours after written notice to Landlord of the violation or interference, Tenant shall be entitled to abate (in accordance with Section 9.5)! Base Rent payable hereunder (or such Higher amount as is needed for 'Pennant to fully recover the amount due over the then remaining Term) during the period of such violation or interference. hn the event of any interference referenced in this paragraph which is caused by other occupants of the Developtnent, and Landlord is taking any and all connnercially reasonable action to cause such occupants to immediately eliminate such interference, including the taking of any and all interim measures as may be available to mitigate any adverse impact on Tenant's business, Tenant shall not be entitled to abate Rent under this Section 1.5D. E. Certain Remedies. Landlord acknowledges that the provisions of this Section 1.4 are a material part of this Sublease and that the foregoing abatement of Rent and other remedies available to Tenant at law A411 be insufficient to protect Tenant's rights set out in this Section 1.4. Landlord therefore agrees that Tenant shall be entitled to equitable relief, including, but not linited to, specific performance and injtunctive relief, to enforce Tenant's rights and Landlord's obligations under this Section 1.4. The rights and remedies of Tenant set forth in this Section 1.4 are not exclusive and are in addition to any remedy Tenant may have at lane or in equity (including the right to injunctive relief) all of which shall be cumulative and concurrent. Any delay in the enforcement of its rights sunder this Section, for whatever reason, !� 5 We- . �- shall not be deemed a waiver of or otherwise prevent Tenant from exercising Tenant's rights and remedies under this Section at any time while the violation is continuing, unless such right is specifically waived by Tenant in writing. 1.5 CONTINGENCIES. A. Inspection. "Intentionally Deleted ". B. Permits andApurovals. Tenant shall use clue diligence and commercially reasonable efforts (consistent with Tenant's normal business practices) to obtain, at its sole cost and expense, on terms, requirements and conditions satisfactory to Tenant, in its sole and absolute discretion, all building permits, and any other approvals, licenses or permits (including, without limitation, an alcoholic beverage license to sell beer, wine and liquor subject only to restrictions approved by Tenant and all permits required for installation and operation of its signs) as may be required from all govermnent authorities, utility companies or other entities for the construction of Tenant's improvements and operation of the Premises for use as a full service restaurant with a bar area (the "Intended Use ") (collectively, the "Pernnits and Approvals "). In the event that Tenant, in its sole and absolute discretion, is unable to obtain the Permits and Approvals on terms, requirements and conditions satisfactory to Tenant within two hundred ten (2 10) days from the later of Tenant's approval of the Shell Plans as defined in Section 5.1A of this Sublease or the Effective Date (the "Permit Period ") then in either event Tenant shall Have the right to terminate this Sublease by giving written notice of termination to Landlord on or before the fifth (5"') business day following the end of the Permit Period whereupon this Sublease shall be of no further force or effect, Tenant shall be released from all obligations hereunder, and Tenant shall be immediately refunded all previously paid deposits, if any. Landlord agrees to use its best reasonable efforts to assist Tenant in obtaining the Permits and Approvals. C. Cost Contingenc %- Landlord acknowledges that this Lease has been approved by Tenant based upon a total Project Cost not to exceed $800,000.00 (the "Project Cost Cap"). The term "Project Cost" includes all costs applicable to the Premises, as determined (or estimated) and allocated by Tenant in accordance with its normal business practices, and includes, but is not limited to, (i) the costs of enviroiunental reports, surveys, studies and other investigative and due diligence costs, (ii) fees and other costs of architects, engineers, attorneys,'' surveyors, peril-lit facilitators and other professionals and consultants, (iii) all utility,' reservation, impact, connection, and other fees and charges payable by Tenant, (iv) all costs and expenses incurred for or in connection with the construction of Tenant's Building and other improvements (whether on or off the Premises), and (v) all costs and expenses,' incurred for or in connection with the equipping and interior build -out and fixturing of Tenant's Building (except as provided for below). The Project Cost does not, however, include (x) any allocation to the Premises of time spent by direct employees of Tenant or its affiliated companies, or (y) the cost of Tenant's tables, chairs, booths, bars and other furniture, branded trade fixtures and signage, or stoves, exhaust hoods and other restaurant equipment to be installed by Tenant, or (z) the cost of plates, table cloths,, silverware, pots, pans and other cooking utensils or similar personal property utilized in connection with the operation of Tenant's restaurant. In the event that Tenant determines (I) thatthe Project Costs exceed the Project Cost Cap (such excess being referred to herein as the "Cost Excess ") and (II) the Cost Excess is, in whole or in part, the result of (a) changes made to the plans and specifications for Tenant's Work as a result of requirements of applicable governmental authorities, (b) terns, conditions or requirements imposed by applicable govermmental authorities in comiection with the approval of Tenant's plans and specifications or the issuance of Tenant's' permits and approvals for Tenant's Work, (c) unanticipated soil, subsurface or other site conditions, (d) unanticipated costs in connection with the provision of utilities to the Premises, (e) an unanticipated increase in the cost of labor, as a result of the need to utilize union labor to ,a degree greater than was initially anticipated by Tenant, or (f) an unanticipated increase ui the cost of materials, as a result of an unanticipated increase in con>inodity (for example lumber or steel) prices, or (g) any other event or change in circunnstances that results in an unanticipated increase in the Project Cost, then, and in that event, Tenant may, by written notice to Landlord (the "Cost Termination Notice "), given within two hundred ten (2 10) days from the later of Tenant's approval of the Shell Plans as defined in Section 5. IA of this Sublease or the Effective Date, terminate this Lease and any further obligations under this Lease. Landlord shall have the right to render Tenant's Cost Termination Notice void, by written notice to Tenant (the "Reinstatement Notice "), given with tell (10) days of Landlord's receipt of the Cost Termination Notice, and agreeing, in the Reinstatement Notice, to pay the Cost Excess. If Landlord gives the''Reinstatement Notice, the Cost Terzzination Notice shall be deemed revoked, this Lease shall be deemed reinstated, and Landlord shall pay to Tenant the Cost Excess within ten (10) days following the Conarnence cent Date, failing which Tenant may offset the Cost Excess against the Rent due under this Lease. �t tt 6 { 1 { ..<L �'"^x� ,'T+a.;i _ _"z'3r�'m+, D. Title and Survey Review. Tenant's satisfactory review of the status of the title of the Premises and Development and a survey of the Development, is a condition precedent to this Sublease. Landlord agrees to provide Tenant with a copy of its nnost recent report on title, together with copies of all exceptions to title referenced therein within five (5) days of the Effective Date. Within thirty (30) days from the Effective Date, Tenant, at its cost and expense, may order a leasehold title insurance commitnnent issued by a company acceptable to Tenant, conunnitting to insure Tenant's leasehold interest (including any easement rights) in the Preises and easement rights in the Development and shoving Landlord having a leasehold interest in the Premises and Development. In the event that Tenant shall discover any title matter that could prohibit or restrict its use of the Premises for the Intended Use or otherwise materially or adversely affect Tenant's rights raider this Sublease, Tenant or its attorneys shall so notify Landlord and Landlord shall have a period of sixty (60) days ( "Cure Period') after notification of any objection to title to cure such objection and shall use its best reasonable efforts to cure such objection. If Landlord is unable to cure such objection, Landlord shall notify Tenant within the Cure Period and Tenant shall have the option of ternninating this Sublease, and upon; such ternnuiation, this Sublease shall be of no further• force or effect, Tenant shall be released from all obligations hereunder, and Tenant shall be inurrediately refunded all previously paid deposits, if any. In the event Tenant obtains a title policy, Landlord agrees to provide the title company and Tenant such affidavits and information as may be reasonably required by the title company in order to meet the requirements for issuance of the policy and to delete the standard exceptions. E. Current Mortgage. Landlord- agrees to obtain a Subordination, Non- Disturbance, and Attornment Agreement ( "SNDA ") in a form approved by Tenant (which shall be based upon Tenant's form of SNDA) from the holder of any existing mortgage or deed of trust encumbering the Development, if any, and deliver the sane to Tenant within thirty (30) days from the Effective Date. In the event Tenant has not received an executed SNDA within thirty (30) days from the Effective Date, then Tenant shall have the right to terminate this Sublease by written notice to Landlord at any time prior to Tenant's receipt of the SNDA, whereupon this Sublease shall be of no further force or effect, Tenant shall be released from all obligations hereunder (except for the indenuiity contained hereinabove), and Tenant shall be inunnediately refiulded all previously paid deposits, if any. F. Consent of Master Landlord. It is a condition of this Sublease that Landlord cause to be fully and duly executed the "Joinder of Master Landlord" attached hereto and shall deliver the same to Tenant within thirty (30) days from the Effective Date. In the event Tenant has not received an executed Joinder of Master Landlord within thirty (30) clays from the Effective Date, then Tenant shall have the right to terminate this Sublease by written notice to Landlord at anytime prior to Tenant's receipt of the Joinder of Master Landlord, whereupon this Sublease shall be of no further force or effect, Tenant shall be released frorn all obligations hereunder (except for the indemnity contained hereinabove), and Tenant shall be iinmediatelyrefunded all previously paid deposits, if any. For purposes of establishing the Effective Date of this Sublease, Landlord's execution of this Sublease will not be deemed to have occurred until the .rounder has been executed by the Master Landlord. Landlord agrees to keep, observe, and perform all the terms, covenants, conditions, and agreements of the Master Lease. Landlord agrees to indennnify and hold harmless Tenant from and against any loss, cost, damage or expense that Tenant may sustain, as a result of Landlord's failure to keep, observe, and perform all terms, covenants, conditions and agreements of the Master Lease. Landlord agrees that the Master Lease shall not be modified or amended in any manner that would adversely affect the rights of Tenant raider this Sublease in any material respect. 1.6 SURRENDER OF PREMISES. Within thirty (30) days after the expiration of the Term of this Sublease, including any holdover period consented to by Landlord, Tenant shall surrender the Premises in a broom clean condition, excepting only reasonable wear and -tear, unless this Sublease is terminated as a result of casualty or condemnation, subject to alterations, additions and improvernents made pursuant to the terms of this Sublease, items which are the responsibility of Landlord or which result from Landlord's failure to comply with its obligations hereunder, and Tenant shall surrender all keys for the Premises to Landlord. 1.7 HOLDING OVER. This Sublease and the tenancy created by this Sublease shall cease and terminate at the end of the Initial Term hereof, unless extended as provided herein, without the necessity of notice, and Tenant Hereby waives notice and agrees that Landlord shall be entitled to summary recovery of the Premises. Any holding over after the expiration of the Tern hereof, without the consent of Landlord, shall be construed to create a tenancy at will, under all the terms, covenants and conditions of this Sublease, except Landlord shall be entitled to collect rental in the amount of one hundred fifty percent (150 %) of Base Rent, together with Additional Rent and 7 .t Percentage Rent due hereunder. Any holding over after the,Terrn hereof with the consent of Landlord, shall be construed to create tenancy from month to month at the Base Rent and Additional Rent in effect for the last month of the Term and under all the other terms, covenants and conditions of this Sublease. ARTICLE lI — RENT 2.1 BASE RENT. Tenant agrees to pay to Landlord in equal monthly installments, the annual Base Rent as set forth in the Base Rent schedule attached hereto as Exhibit "B ". Base Rent shall be clue and payable each month, in advance, on the first day of each calendar month without demand, setoff, or deduction, except as otherwise set forth herein, to Landlord at the address set forth herein, or as otherwise designated by subsequernt written notice. 2.2 ADDITIONAL RENT. Tenant shall gay as "Additional Rent" Tenant's pro- rata share of all Real Estate Taxes and Operating Expenses (as such terms are defined below). The terns "Additional Rent" shall also include all other sums and charges required to be paid by Tenant pursuant to the terms of this Sublease. A. Real Estate Taxes. The term "Real Estate Taxes" as used herein means all real property taxes and assessments that are levied or assessed against the Development by airy lawful governunental authority for each calendar year or portion thereof commencing on the Commencement Date; however, (i) Landlord shall elect the longest installment payment plan available from the taxing authority for non- recurring taxes and assessments and only those installments coning due during the Initial Term or any Renewal Term of this Sublease shall be included in Real Estate Taxes, and (ii) Real Estate Taxes shall be determined using the amount of Real Estate Taxes which would have been payable by Landlord had Landlord taken advantage of the maxirnum available discount for early payment of Real Estate Taxes. Real Estate Taxes are to be prorated for any partial Sublease Year. Landlord agrees to use its reasonable efforts to minimize Real Estate Taxes on the Development. "Reasonable efforts" shall include the obligation to seek a reduction in Real Estate Taxes from the taxiing authority if the value of the Development assessed by the taxing authority would be considered excessive as compared to similar property in the county where the Development is located. In addition, Real Estate Taxes shall not include penalties or interest or other charges for late payments of Real' Estate Taxes, any income, excess profits, estate, single business, iriheritance, succession, transfer, franchise, corporate, capital or other tax or assessment levied or assessed against Landlord or the Rent payable under this Sublease (except as provided for in Section 2.4 of this Lease) or any connection, capacity, impact or other similar fees, assessments or charges incurred in connection with the initial construction or any subsequent improvements or renovation of or to the Development. B. Taxes on Tenant's Personal Property. Tenant shall be responsible for and shall pay before delinquency all municipal, county, state and federal taxes assessed during the Tenn of this Sublease against personal property of any kind owned by or placed in, upon or about the Premises by the Tenant. f C. Operating Expenses. The term "Operating Expenses" as used herein, means (i) the actual ordinary and reasonable costs and expenses incurred by or on behalf of Landlord for each calendar year that occurs wholly or partially during the Initial Terns or any Renewal Term (regardless of when the same are actually paid) in connection with the operation and maintenance of the structural portions of the Development buildings, the Common Areas, including all removal of trash, lighting the Coimnon Areas until at least 1:00 a.m., electricity and water furnished to the Common Areas; routine repairs, cleaning and maintenance of the structural portions of the Development buildings and the Cormnon Areas performed by or on behalf of Landlord; landscaping care; "Trash Expense" as set forth below; Connion Area security; reasonable costs associated with Landlord's on -site employees (excluding adnninistration and management personnel) responsible for the operation and maintenance of the structural portions of the Development buildings and the Common Areas; and tangible personal property taxes and assessments levied or assessed against any equipment or personal property of Landlord used in connection with the operation or maintenance of the structural portions of the Development buildings and the Common Areas; (ii) premiums for public liability, fire and casualty, and flood and windstorm insurance maintained by or on behalf of Landlord as required to be carried by Landlord pursuant to the terms of this Sublease and (iii) a management fee to cover Landlord's administrative and management cost of ten percent (10 %) of Operating Expenses (excluding insurance and Real Estate Taxes). Notwithstanding anything to the contrary contained herein, Operating Expenses excludes, without limitation: any costs associated with advertising of the Development or its tenants, (including membership in a Merchant's Association, if any), any costs associated with the Parking Area, any, capital expenditures (defined as those expenditures which, in accordance with generally accepted accounting principles, are not Rilly chargeable as a current expense in the year the expenditure is incurred), rentals and � t 8 other costs in leasing equipment ordinarily considered to be of a capital nature, costs of utilities for other tenants in the Development, amounts paid to affiliates of Landlord for services to the Development or for supplies or other materials to the extent in excess of the competitive costs of such services, supplies or materials, principal or interest payments on loans secured by mortgages on the Development, or any partthereof, depreciation or amortization of any improvements, the cost of any special service provided to a tenant or paid to a tenant of the Development that is not provided generally to all tenants of the Development, costs and expenses incurred in connection with leasing space in the Developirnent (including, without limitation, leasing conninissionns, advertising and promotional expenses,, legal fees for preparation of leases, rents payable with respect to any leasing office, court costs and legal fees incurred to enforce the obligations of tenants under leases of the Development); costs of repairs or other work needed because of fire, windstorm, or other casualty or as a result of any condensation or other taking, costs recoverable by Landlord pursuant to its insurance policies or which would have been recoverable had Landlord carried the insurance required to be carried hereunder, costs resulting from defects in design, construction or workmanship of the Development, costs due to Landlord's defaulttunder this Sublease or any other' lease or agreement, costs due to the negligence of Landlord, its employees, agents, contractors and assigns, other expenses that under generally accepted accounting principles would not be considered normal maintenance or operation expenses of the Common Areas, and any other cost that is not borne pro rata by all tenants in the Development. Landlord agrees to use its best reasonable efforts to minimize the Operating Expenses while maintaining the Development in a manner similar to other first class, high quality developments located hi the same county as the Development. Tenant shall pay its pro rata 'share of all costs associated with disposal of its garbage, including but not limited to, costs of pick up, containers and deposits (the "Trash Expense). D. Pro -rata Share. Tenant's pro rata, share of Real Estate Taxes and Operating )expenses (excluding the Trash Expense) is twenty -six and eight tenths percent (26.8%), based upon the rentable square footage of the Premises (6,520 square feet) compared to the total rentable square footage of the Development (24,292 square feet), but in no event shall the rentable square footage be less than 23,500 square feet. Landlord represents and warrants that the square footage figures set out above were made by Landlord in good faith and are, to the best of Landlord's knowledge and belief, accurate and reflect the actual square footage within the Premises and Development. In the event of any increase in the rentable square footage of the Development, Tenant's pro rata share shall be adjusted proportionately. Notttvithstandnig any decrease in the rentable square footage in the Development, Landlord shall notbe entitled to increase Tenant's pro rata share: Tenant's Trash Expense is derived from the following formula: The Adjusted Food Service Pro Rata Share (the "AFPRS ") is eighty-nine and thirteen Hundredths percent (89.13 %), based on the rentable square footage of the food service restaurants nn the Development (the "Food Service Tenants ") (16,794 square feet) compared to the total square footage of the Development (24,292) plus twenty percent (20 %) (the "Food Service Factor") (provided the Development maintains three (3) food service facilities in tenancy). The Adjusted Food Service Trash Expense (tire "ATEF ") is based on multiplying the Developnnents total trash expense by the AFPRS. Tenant's Trash Expense is thirty eight and eighty -two hundredths' percent (38.82 %) of the ATEF, based on the rentable square footage of the Premises (6,520 square feet) compared to the rentable square footage of the food service restaurants in the Development (the "Food Service Tenants ") (16,794 square feet). In the event one or more of the existing Food Service Tenants cease to operate within the Development for More than 30 days, Tenant and Landlord agree to adjust the Trash Expense accordingly to insure Tenant's then current Trash Expense does not increase by more than 5% from such cause. E. Monthly Installments. Tenant shall pay- in equal monthly instalbnents 1 /12th of the estimated amount of its pro rata share of Real Estate Taxes and Operating Expenses for each calendar year. Tenant's initial monthly estimated pro rata share of Real Estate Taxes is $4,019.75. Tenant's initial iriontlrly estimated pro rata share of Operating Expenses is $2,002.75, Landlord may adjust Tenant's estimated pro rata share of Operating Expenses annually, F. Annual Settlement. Within rniniety (90) days of the end of each calendar year ( "Accounting Year "), Landlord shall deliver to Tenant an itennzed breakdown certified as true and correct by an officer of Landlord showing the actual costs for Real Estate Taxes and Operating Expenses, together with copies of all bills for Real Estate Taxes and a "cost breakdown" of Operating Expenses (broken down by major categories as described nn subsection C. of p g P this Section 2.2). If Tenant's pro rata share of the actual costs for Real Estate Taxes and/or Operating Expenses exceeds the amount paid by Tenant in any Accounting Year, then within thirty (30) days after receipt of said tax bills and cost breakdown, Tenant shall pay to Landlord such excess amounts. If Tenant's pro rata share of the actual costs for Real 9 Estate Taxes and/or Operating Expenses is less than Tenant's payments for any Accounting Year, Tenant shall receive a credit against Tenant's estimated share payable in the first month after receipt by Tenant of said tax bills and cost breakdown of the irmnediately following Accounting Year, and such subsequent months as required to exhaust said credit, or if there is not time remaining in the Term to exhaust such credit, such excess shall be refunded to Tenant; If such information is not provided within such ninety (90) day period, Landlord may not increase Tenant's estimated pro rata share of Real Estate Taxes or Operating Expenses until such information is provided to Tenant. G. Audits. Tenant, its agents and accountants, shall have the right to examine and audit Landlord's books and records relating to any cost or item that is Massed through to Tenant upon ten (10) days written request by Tenant to Landlord. If Tenant disputes the accuracy of Landlord's certification, Tenant shall still pay the, amount shown owing pending completion of the audit. If Tenant's audit of the books and records shows that the anoiunts shown on the statement are five percent (5 %) or more higher than the actual amount owed by Tenant under this Sublease, Landlord shall, on demand, reimburse Tenant for all reasonable costs of conducting the audit. Any overpayment of underpayment of Real Estate Taxes or Operating Expenses shall be adjusted by the parties within ten (10) business days after the audit is completed. Landlord shall keep complete and accurate books and records relating to Real Estate Taxes and Operating Expenses, which records shall be kept in accordance with generally accepted accounting principles consistently applied. Landlord shall provide Tenant with a copy of any Operating Expense audit Landlord furnishes to or receives from any other tenant. 2.3 PERCENTAGE RENT. A. Percentage Rent; Payment. As "Percentage Rent" hereunder, Tenant shall pay to Landlord for each Sublease Year, three percent (3%) of Gross Sales (as hereinafter defined) derived from the Premises during each such Sublease Year in excess of the "Breakpoint" set forth in the Breakpoint schedule on Exhibit "B" attached hereto. Tenant shall pay Percentage Rent annually within sixty(60) days after the end of each Sublease Year. B. Gross Sales. The term "Gross Sales" shall mean the aggregate amount of all sales (whether for cash, on credit or otherwise) made in or'fromthe Premises. Gross Sales shall not include any federal, state, mlulicipal or other sales, value added, retailer's' excise or other similar taxes paid or accrued by Tenant on sales to customers, irrespective of whether such taxes are collected from customers or absorbed by Tenant, amounts charged to Tenant by credit or charge card companies for processing fees, discounted sales to employees for which no payment is received, proceeds of insurance policies received by Tenant, bulk and/or inter - company transfers of food and /or inventory, gratuities and service charges which are included on customer's bills and which are passed directly through to the service employees without tdiminution or deduction by Tenant, gift certificate sales (but Gross Sales shall include gift certificates redeemed at the Premises), proceeds from the sale of used restaurant equipment, receipts from a cigarette machine, or pay telephones, any cash or credit refined made upon any sale when the merchandise sold or some part thereof is thereafter returned to, and accepted by, Tenant, sales for which no monetar-ycompensation is received and such sales are recorded for control purposes oily, and sales where the proceeds are given to, or used for charity, public relations or Moll - profit orgapizatlons. C. Reports and Records. Within sixty (60) days from the end of each Sublease Year, Tenant shall deliver to Landlord a written statement of the Gross Sales made during the preceding Sublease Year together with the amount of Percentage Rent due Landlord hereunder for such Sublease Year. Tenant shall also submit monthly to Landlord a copy of the state sales tax report as required by the state in which the Prenuses are located, said copy to be forwarded to Landlord contemporaneous with the mailing of said report to the state sales tax agency. D. Inspection. Tenant shall keep at its corporate office uue and accurate records and accounts, in accordance with reasonable accounting practices, for all the Gross Sales made, and all business carried on, in or from the Prenuses, all of which records and accounts, including without limitation, copies of reports to goveininental authorities for purposes of sales tax or tax based upon the sale or sales of merchandise, shall be open for inspection and audit by Landlord,, or duly authorized agents of Landlord, at all reasonable tinges during ordinary business flours. Landlord shall provide Tenant at least ten (10) business days prior notice of its intent to audit Tenant's books and records. g ,ht Landlord's ri to' object b •ect statement of Gross Sales and to have such an audit trade with respect to any Sublease II . J to any Year shall expire twelve (12) months after Tenant's statement for the year shall have been delivered to Landlord. Any overpayment or urndel7�ayment of Percentage Rent shall be adjusted by the parties within ten (10) business days after the 10 ,.�,, - -.�r-;tfi• �- f- >:.- =:�.:. .�;m€... �. ."'�,- tar.'^ -c a= �- �� .T,�.,r'1�""."n''.�;'°'s�+,:°�' � , st�. 7�:-- �s^ N?^ e, t: '!" "; �., v..'. �`•- �-t,.;.+fi�- ^'...�'t;^fl�kS4ri. .,, n.,. .s audit is finalized and agreed upon. If an audit made by Landlord confirms an error in Tenant's statement of Gross, Sales Prejudicial to Landlord in amount in excess of five percent (5%), and as a result additional Percentage Rent is due to Landlord, Tenant shall, on demand, reimburse Landlord for the reasonable cost of the audit; otherwise all audits shall be at Landlord's sole cost and expense. E. Confidentiality. Landlord agrees to treat all information relating to Tenant's Gross Sales as confidential and not to disclose, divulge or disseminate the information relating to the Gross Sales or the contents of Tenant's books, records and accounts to any other person, except to the limited extent necessary if required by law, if requested by Landlord's lender or a prospective purchaser of the Development but only if such lender or purchaser agrees in writing to heat such information as confidential, or in connection with a dispute between Landlord and Tenant over the Percentage Rent due hereunder. 2.4 OTHER CHARGES. Tenant shall pay to Landlord all sales, excise, rental and use taxes imposed by law on the monthly Base Rent, Real Estate Taxes, Operating Expenses, Percentage Rent and all other rental charges provided for in this Sublease, which are customarily paid by tenants in the State in which the Premises are located. 2.5 COMMENCE' MENT OF RENT. Tenant's obligation to pay Base Rent, Percentage Rent, Real Estate Taxes and Operating Expenses (sometimes collectively referred to herein as "Rent ") shall not conunence until the Connrnencement Date (as herein' defined). 2:6 LATE CHARGE. If any payment of Rent is not paid within ten (10) days after its due date, Tenant agrees to pay a late' charge equal to five percent (5 %) of the late amount to compensate Landlord for the additional administrative expense and inconvenience occasioned thereby. In addition, Landlord may assess a Fifty and No /100 , Dollars ($50.00) charge for any check from Tenant returned to Landlord for insufficient fiords. ARTICLE III - UTILITIES 3.1 SEPARATE METER. Tenant shall contract in its own name for all electric, gas and telephone service used by Tenant in the Premises. The Premises shall be separately metered (or sub - metered) for water and sewer by Landlord and Tenant shall be responsible only for its own water and sewer service and shall not be charged for any utilities provided to the Development, except for utilities used specifically irn the maintenance of the Common Areas, which shall be included in Operating Expenses. 3.2 FEES, The local government or utility authority may require the paytrnent of certain fees for public utility facilities and services provided in whole or in part by the local govenmrent or authority. These fees are derived for one of two purposes: (i) to pay for the usage of a proportionate share of the local government's facilities for future capacity and infrastructure improvements or to pay for a new user's utilization of oversized facilities paid for by other parties, including the local goveriunent or utility authority (hereinafter referred tows "Connection Fees" or "Impact Fees "); or (ii) to pay for local goverrunent's time and expense to program or turn on the public utility facilities to a building or structure for each new customer (hereinafter referred to as "Turn On Fees "). Tenant shall be responsible for payment of all Turn -On Fees. Landlord shall be responsible for payment of all Connection Fees or Impact Fees. Landlord shall pay any such Connection Fees or Impact Fees on or before the earlier- of (i) that date which is three (3) business days after the date Tenant Notifies Landlord that Tenant has waived or otherwise satisfied Tenant's PerinitPeiod contingencies, or (ii) the expiration of Tenant's Permit Period. In the event Landlord fails top ay all Coruiection Fees or Impact Fees as set forth herein, the parties agree that Tenant shall have the option, but not the obligation, to pay such fees j p p and offset the Hill amount thereof against Reit first coming 'due under this Sublease. ARTICLE IV - CONDUCT OF BUSINESS BY TENANT 4.1 USE OF LEASED PREMISES. The Premises shall be used by Tenant for the purpose of a full service restaurant with bar area and all uses ancillary thereto, including, at Tenant's option, live entertaimnent operating riitiallyunder the name Outback Steakhouse, or for any other use pernritted by law and as approved by Landlord (the "Permitted Use "). Tenant hereby reserves the right to change, from time to tune, its operating format in the Premises and trade nice so long as the Premises shall continue to be used for the Permitted Use, and provided that any change in the 1i operating format sloes not duplicate a format then existing ni the Development. In the event that the proposed operating 11 can."- „"” =Li aro".= �- ''.,,. format is for tile purpose of a restaurant other than that initially operated thereon, there shall not be deemed a duplication of format unless the primarily featured food concept (i.e., Italian, Mexican, Oriental, french, Seafood, Steaks) of the proposed operating format is substantially similar to the primarily featured food concept of any operating format then existing in the Development. Tenant shall operate its business in an efficient, high class and reputable manner. Subject to Section 4.5 hereunder, Tenant shall have the right to cease operation of a business on thePrernises; provided however, Tenant shall continue to fulfill all other obligations of Tenant under this Sublease, including payment of Rent and performance of Tenant's rnainteriance obligations. 4,2 RULES AND REGULATIONS A Rules Relathij! to Tenant's Operation. Tenant shall keep the Premises neat, clean, sanitary and reasonably free from dirt, rubbish, insects and pests at all times. Tenant will store all trash and garbage within the area designated on the Site Plan and only in receptacles of the size, design and colon fiom tinne to time agreed upon by Landlord and Tenant. Tenant shall not operate an incinerator or burin trash or garbage within the Premises. Tenant shall not permit any noxious odors to emanate from the Premises. Tenant shall have the aright to install, at its sole cost and expense, cable television hook -ups to the Premises, or a satellite dish or antenna' located outside of the Premises, as allowed by local code, and Tenant may install a paging system on the exterior of the Premises and may play music from said paging system at reasonable volume levels during Tenant's hours of operation. Tenant agrees to pay to Landlord any increase in premiums for any casualty insurance carried by Landlord on the Development resulting from the business carried on in the Premises by Tenant or the manner in which Tenant carries on such business excluding increases solely as a result of Tenant's operation of a restaurant with a bar area. Nothing herein, however, shall prohibit Tenant from operating its normal business operations on the Premises. Tenant shall not take any other action that in the reasonable judgment of Landlord would constitute a nuisance or would disturb the quiet enjoyment of other tenants of the Development or unreasonably interfere with their use of their respective prendses; nor do anything that would tend to injure the reputation of the Development. Tenant covenants not to use or nnaintain the Premises in such a uiaimer as to constitute an actionable nuisance to Landlord or any third' party; and not to connnit or permit waste of the Premises. Tenant shall not solicit business in the parking area or the Common Area, or distribute handbills or other advertising material in or upon automobiles parked in the parking area. Tenant shall maintain the inside of the Premises at a temperature sufficiently high to prevent freezing of water and pipes and fixtures inside the Premises. B. Additional Rules. Landlord may adopt, add to, amend or supplement rules and regulations for the orderly use and operation of the Conn ion Area so long as the rules and regulations are reasonable, apply unifornnly to all tenants of the Development, do not conflict with this Sublease, do not cause Tenant to incur additional costs, and do not interfere with the operation of Tenant's business. Any such rules and regulations, amendments or supplements shall be delivered to Tenant in writing at least thirty (30) days prior to their effective.date. Notwithstanding anything to the contrary herein, in the event of a conflict between any rules or regulations and the provisions of this Sublease, the provisions of the Sublease shall control. C. Employee Parking. Tenant's employees may not park within the Developnrent. In addition, employees of any other tenant or occupant of the Development may not park within the Development. This restriction shall not apply to such employees during non - working hours. 4.3 GOVERNMENTAL REGULATION. Tenant shall, at its expense, obtain all licenses and permits required for, and coinply with all Federal, State and local laws, ordinances, orders, rules and regulations pertaining to the operation of the Premises for its Intended Use, now or hereafter in force. However, Tenant shall not be required to effect any structural repair, structural improvement, structural alteration or other change of a structural nature by reason of any such laws, ordinances, rules or regulations unless the conditions ,constituting a violation of any such provisions were created by improvements provided by, or the specific use made of the Premises by, Tenant (as opposed to the occupancy of the Prenrrises). Goveriunental penalties, fines or damages imposed on any portion of the Prennises as a result of the acts of Tenant, its employees or agents, shall be paid by Tenant within thirty (30); days after receipt of said notice by Tenant, unless reasonably contested by Tenant. Landlord represents and warrants that the Development is irr compliance with all federal, state, and local laws, ordinances, orders, riles and regulations and that Landlord shall comply with all laws, ordinances, orders, rules and regulations pertaining to the Development and its operation, now or hereafter in force. Landlord agrees to take all necessary measures, at the request of Tenant, to remove from the Development any person engaging in picketing, hand billing, solicitation of Tenant's employees, or other demonstrations on Landlord's property or r 12 adj acent thereto. The Landlord's obligation includes taking all legal action necessary to remove anyone engaged in the conduct described above in the Development. 4.4 LIENS. Tenant shall have no power to subject Landlord's interest in the Premises to construction, mechanic's or materialmen's liens of airy kind nor shall Landlord have the power to subject Tenant's interest in the Premises to any construction, mechanic's or materialmen's liens of any kind. The existence of any such lien, which lied is not discharged by Tenant or Landlord, as the case may be, or bonded off within thirty (3 0) days of such parties receipt of notice of Piling, shall be a breach of this Sublease. All contracts for work on the Premises performed on behalf of Tenant or Landlord must contain a waiver of lien by such party's contractor against the other party's interest in the Premises. All persons performing work, labor or supplying materials at the Premises on behalf of Tenant or Landlord shall look solely to the interest of such party and not to that of the other party for suns owed. Tenant and Landlord shall have the right, but not the obligation to discharge or transfer to bond any lien filed against the Premises by the other party's contractor that has not been discharged or transferred to bond within thirty (30) days from the other party's receipt of notice of the filing thereof and any reasonable cost or expense, including reasonable attorney's fees, incurred by Tenant or Landlord as a result thereof shall be due and payable within fifteen (15) days of demand therefor. 4.5 RECAPTURE FOR FAILURE TO OPERATE. A. Right of Recapture. In the event that Tenant ceases to operate in the Premises for more than thirty (30) consecutive days (a" Clos Lire"), Tenant shall, within sixty (60) days after the Closure, provide written notice to Landlord (a "Closure Notice ") that either (i) the Closure is temporary and Tenant (or an assignee or subtenant to whom this Sublease maybe assigned or the Premises sublet without Landlord's consentpuusuamtto Section 8.3 oftbis Sublease) intends to reopen in the Premises (a "Temporary Closing "); or (ii) Tenant intends to attempt to assign this Sublease or to sublet the Premises to an unaffiliated third party (a "Permanent Closing "). If (a) Tenant gives the notice of a Temporary Closing and the Premises has still not reopened by the date which is Three Hundred (300) days from the Closure Notice provided that Tenant shall be grunted two (2) thirty (30) day extensions so long as Tenant (or a assignee or subtenant to tivhom the Premises may have been assigned or sublet) has commenced the renovation or remodeling of the Premises and is diligently pursuing the same to completion (the "Reopening Period "), (b) Tenant gives notice of a. Permanent Closing, or (c) Tenant fails to give Closure Notice, in either or any event, Landlord shall have the right (the "Recapture Right ") to ternniirate Tenant's interest in the Sublease in accordance with the provisions set out below. B. Exercise of Recapture Right. Landlord shall exercise the Recapture Rightby written notice to Tenant (the "Exercise Notice ") given within sixty (60) days of (i) Landlord's receipt of the Closure Notice in the event of a Permanent Closing or (ii) the end of the Reopening Period in the event of a Temporary Closing, or (iii) Tenant's failure to deliver the Closure Notice when required herewider' and such failure continues for ten (10) days following written notice from Landlord to Tenant of such failure, whichever is applicable. This Sublease shall terminate on the thirtieth, (30 "') day following receipt of the exercise notice (the "Recapture Date ") and Rent shall be prorated as of the Recapture Date. Tenant agrees to remove its proprietary signage and any of its personal property which this Sublease requires be removed upon the expiration of the Term of this Sublease prior to the Recapture Date; Tenant may also remove all other property of Tenant that this Sublease allows Tenant to remove upon the expiration of the Term of this Sublease. Following the Recapture Date neither Landlord nor Tenant shall have any fir then' liability under this Sublease, except for (i) obligations which accrued prior to the Recapture Date and (ii) Tenant's obligation to repair any damage to the Premises caused by the removal of its property as provided for above. If Landlord fails to exercise the Recapture Right as set forth Herein, this Sublease shall continue in frill force and effect and Landlord shall have no further rights under this Section 4.5, as to such closure. In the event Tenant reopens and thereafter there is a subsequent Closure, Landlord shall again have the Recapture Right in accordance with the terms of this Section. In the event Landlord has not elected to recapture the Prenuses as set forth herein, and if the Premises have not reopened and no assigmnent or sublease has occurred on or before the date which is two hundred severity (270) days from j the expiration of such sixty (60) day period, Landlord shall again have a Recapture Right to be exercised by giving an Exercise Notice within the sixty (60) day period following the 270 - day period. Thereafter, so long as the Prenuses have not reopened and no assignment or sublease has occurred, Landlord shall have a Recapture Right after each successive 270 -clay period to be exercised by giving an Exercise Notice within the sixty (60) days period following each 270 -day period. Notwithstanding Landlord's right to exercise its Recapture Right every 270 days as provided for above, if Landlord provides the Exercise Notice, Tenant shall have the right to nullify the Exercise Note by providing to Landlord j 13 ..,� �.- �"n.- a- ;�.�� -,- �,- „mr,�. -� .�.. ,;,. .gym- ,;.�,,:,r �.'*`_.,. te,:,,�. i-., .'°'a. �HF,�i :;, u: M- �,,^' ?”' �; ��;'? EFs. .,�'i'��.,��.,�;;,�r�c�n-�^�a, •.., .,:5'`. "k.- '�, +M, �3„".F?;�� evidence that Tenant is in active negotiations to assign this Sublease or sublease the Premises (which may be evidenced either by ongoing negotiations or a signed Letter of Intent), in which event the Exercise Notice shall be rendered void and of no effect C. Permitted Closures: For purposes of this Section, the following shall be "Permitted Closures" and shall not constitute a "Closure" or be counted toward the Reopening Period: (i) any period during which the normal operation of business at the Premises is not practical as a result of damage by fire or other casualty; (ii) any period during which the normal operation of business at the Premises is not practical as a result of a taking by eminent domain or other governmental action; (iii) reasonable periods for remodeling, alterations and repairs,, including related permitting time; and (iv) any period during which Landlord is not in compliance with its obligations under this Sublease, beyond any applicable notice and cure period. D. Interpretation:' Time is of the essence as to all time periods in this Section. A failure to operate is not a default under this Sublease and this Section sets out Landlord's sole remedies for a failure of Tenant to operate at the Premises. ARTICLE V - IMPROVEMENTS 5,1 LANDLORD'S WORK. The following work (collectively "Landlord's Work") shall be done by Landlord exclusively, at Landlord's sole cost and expense: A. on or before the fifteenth (15`x') day after the Effective Date, Landlord shall prepare and submit to Tenant for Tenant's approval, the sliell plans for the Premises (the "Shell Plans ") which shall include all col urn locations. B. on or before May 15, 2006, Landlord shall prepare and submit to Tenant for Tenant's approval, the plans and specifications (the "Plans and Specifications ") for the Development (including the Premises). The Plans and Specifications shall include, without limitation, the following: (i) site development plans, including but not limited to, parking, curbing, roadways and fighting plans; (ii) landscaping and irrigation plans; (iii) building constriction plans including; but not limited to, (a) structural plans, (b) mechanical, electrical, utilities and plumbing plans including, without limitation, all the utilities and installations to be provided to the Prenuses by Landlord; as described in paragraph 5.1D, 5.1E and 5.1F below, and (c) plans for an insulated and water tight single ply roof. Tenant shall have fifteen (15) business days from receipt of such Plans and Specifications (and fifteen (15) business days from receipt of any revisions to the Plans and Specifications) to approve or disapprove of the Plans and Specifications. Any disapproval shall contain the specific changes desired by Tenant. Tenant's review of the Plans and Specifications shall be lnriited to those matters that affect the (a) Prenuses itself and the equipment and utilities serving the Premises, (b) access to and the visibility of the Premises, (c) parking serving the Prenuses, (d) any changes (other than minor adjustments) of the location of the Developirient roadways from that shown on the Site Plan, and (e) any change which would result in the class and character of the Development being other than the high duality first class Development represented to Tenant (collectively the "Tenant Review Matters "). If Landlord and Tenant are unable to agree upon such Plans and Specifications within sixty (60) days after Tenant's initial receipt of the Plans and Specifications using good faith efforts, then either Landlord or Tenant shall have the option of terminating this Sublease, at any time prior to the Plans and Specifications being agreed upon, by written notice to the other party, and upon such termination Landlord and Tenant shall be released from all obligations, except those which specifically survive a'ternunation, and Tenant shall be immediately refunded all previously paid deposits, if any. The Plans and Specifications approved by Tenant shall be referred to in this Sublease as the "Submittal Plans. The date such plans are approved by Tenant and Landlord shall be referred to as the "Subnuttal Plans Approval Date." C. Landlord shall promptly submit the Submittal Plaits to the applicable governmental authorities and diligently and in good faith pursue the receipt of all permits and approvals necessary to construct the work contemplated by the Submittal Plans ( "Landlord's Permits"). Any changes to the Submittal Plans (the "Submittal Plans Continents ") that would affect the Tenant Review Matters must have Tenant's approval, not to be unreasonably witlilleId, conditioned or delayed. Tenant shall have fifteen ('15) business days from receipt of such Submittal Plans (and fifteen (15) business days from receipt of any revisions to the Submittal Plans) to approve or disapprove of the Submittal Plans. Any disapproval shall contain the specific changes desired by Tenant. Landlord shall not make any changes to the 14 L _. ". Submittal Plans inconsistent with Tenant's rights under this Sublease, If Landlord and Tenant are unable to agree upon such revisions within thirty (30) days of Submittal Plans Comments using good faith efforts, then either Landlord or Tenant shall have the option of terminating this Sublease by written notice to the other party, and upon such termhlaiion, Landlord and Tenant shall-be released from all obligations; except those which specifically survive a termination, and Tenant shall be immediately refiutded all previously paid deposits, if any. The Submittal Plans approved by.Landlord, Tenant and the applicable goverinnental authorities shall be referred to in this Sublease as the "Landlord's Final Plans ". The elate upon which Landlord's Permits for Landlord's Final Plans is obtained, and Landlord provides notice thereof to Tenant, shall be referred to in this Sublease as the "Landlord's Permit Date ". If Landlord is unable to obtain Landlord's Permits within one hundred eighty (180) days from the Submittal Plans Approval Date, their Landlord or Tenant shall have the right to terminate this Sublease by giving written notice of termination to the other whereupon this Sublease shall be of no further force or effect, Landlord and Tenant shall be released from all obligations hereunder, and Tenant shall be inunediately refunded all previously paid deposits, if any. D. on or before the Tender Date, Landlord shall construct the building in which the Premises are located (in substantially the location designated on the Site Plan and substantially in accordance with Landlord's Final Plans), including: (i) Tenant's iagade (in accordance with Tenant's plans and specifications, consistent with Exhibit "C" attached Hereto); (ii) structural support for Tenant's HVAC'rooftop units, including installment of 50 nominal tons of cooling /heating capacity, ventilation chase and ductwork system to the roof from the Premises, roof curbs and any required screening; (iii) a five(5') foot concrete floor slab around the interior perimeter of the Premises; (iv) gravel fill for the remainder of the interior floor; (v) ceilings consisting of exposed bar joists and ceiling deck; (v) demising walls with a n-iirninnun of 2 hour fire rating; and (vi) completion of the Premises to the condition reflected on and contemplated by Landlord's Final Plans. E. on or before the Tender Date, Landlord shall have completed the work required (and provided Tenant with written verification of such completion) to provide that the following utilities are delivered underground to the Premises stubbed to the location of such utilities on Tenant's final plans, operational and with sufficient capacity: (i) 120/208 volt, 1,200 amps, 3 Phase electric line; (ii) 1 1/2" water teeter with 2" water line providing water pressure between 50 psi and 70 psi; (iii) 6" gravity sewer line (with grease interceptor) to a 'depth sufficient to accommodate Tenant's standard plumbing plan and acceptable by local municipalities and utility companies; (iv) 4" fine mainproviding water pressure between 50 psi and 70 psi; (v) 3.5 mullion BTU gas line; (vi) sanitary sewer line to the restroorn; (vii) storm water management system; (viii) telephone conduit; (ix) a main sprinkler line down the center of the Premises; and (x) installation of the Tenant supplied grease trap. F. on or before the Tender Date, Landlord shall Have constructed, pursuant to plains and specifications reasonably approved by Tenant, all necessary improvements and infiastnicture for the Development, including, without limitation, the parking areas, driveways and access roads (including all appropriate curb cuts and curbing), landscaping and irrigations, and lighting, located within that area designated on the Site Plan as Protected Area and any other work (whether or not within Protected Area)) which is necessary to allow Tenant to obtain permits and approvals for construction of Tenant's intended improvements, and upon completion of those improvements to obtain a Certificate of Occupancy: Landlord shall complete Landlord's Work by no later than the dates provided for above. As used in this Sublease, the term "complete" shall include the unconditional issuance of a certificate of occupancy, certificate of completion, certificate of inspection, or other approval as may be required by applicable goverrunental authorities to evidence the completion and approval of Landlord's Work subject to minor "punch -list" type items that do not prevent the cornmencement and completion of the Tenant's Work and Tenant's receipt of a certificate of occupancy for the Premises without delay. Landlord agrees to.perforrin Landlord's Work ilia good and workmanlike manner, utilizing fast quality new materials and in accordance with Landlord's Permits, Landlord's Final Plans, and all applicable Eaves, ordinances, rules and statutes. Landlord agrees, at Landlord's expense, to obtain and maintain public liability insurance and worker's 7 compensation insurance adequate to fiilly protect Tenant as well as Landlord from and against any and all liability for death or injury to person, or damage to property arising out of or by reason of Landlord's Work. i J F 15 i i ��s;mr .sT, n- -�-e -":;� ..- - �..r,. ...: �—.°—s „�_,�;, .,, - �sanr .. ,�,.,,.�,�.- . >�,r,+�-.^-,.€* a;r�;�'�'ss.�h...�'r�'_°:°�^�,. -• ..,,- �- -F.R"'";,�.�."�;'€°`:+.. -,gam Ns.k-a.�`g-�..,'7;,'.`�r� ..�°' ,�,ia„�''�,.'alS:.� .k? Notwithstanding anything contained in this Sublease to the contrary, if Landlord fails to complete any portion of the Landlord's Work by the required date provided for above, or it is reasonably anticipated that Landlord will not complete any such work by the required date, and, as a result thereof, Tenant is (or will be) unable to obtain a certificate of occupancy (or any other required Permit or Approval) pursuant to Tenant's construction schedule, Tenant shall have the right, upon twenty -four (24) hours written notice to Landlord, to abate all Rent and other charges payable as Rent, until such time as such necessary work is completed. 5.2 TENANT'S WORK. Except to the extent of Landlord's obligations under this Sublease, Tenant, at Tenant's sole cost and expense, shall perform and complete all construction, alterations, replacements, additions, repairs, fixtures, and improvements to the Premises required to prepare the same for Tenant's Intended Use ( "Tenant's Work "). A. Plans and Approvals. None of Tenant's Work shall be commenced unless and until written plans and specifications Have been submitted to and approved by Landlord, in Landlord's reasomble discretion' Said and specifications shall include a floor plan, elevations, electrical panel schedules, load calculations, HVAC equipment specifications, system diagrams (ductwork, diffusers), and a reflective ceiling plan. Tenant, at its sole cost and expense, shall prepare and submit prelinunary plans and specifications to Landlord within forty-five (45) days, after Tenant's approval of the Shell Plans from the Effective Date. Landlord shall have fifteen (15) days from receipt thereof to disapprove of such plans and specifications. Any disapproval shall contain the specific changes desired by Landlord to obtain its approval. Landlord shall have ten (10) days from receipt thereof to disapprove any revised plans and specifications; provided that if the changes requested by Landlord Have been made, Landlord's approval shall be deemed given. Landlord's failure to disapprove within the applicable ten (10) day period or five (5) day period shall constitute Landlord's approval of said plans and specifications. If Landlord and Tenant are unable to agree upon such plans and specifications, then Tenant shall Have the option of terminating this Sublease upon written notice to Landlord, and upon such termination Landlord and Tenant shall be released from all obligations hereunder except for those obligations which specifically survive such termination, and Tenant shall be inunediately refunded all previously paid deposits, if any. B. Work/Insurance. All work shall be completed in compliance with all codes, ordinances, riles and regulations of applicable goveriuinental authorities, in a good and workmanlike manner by licensed contractors with appropriate building perrnits. Tenant agrees that the general contractor performing work on the Premises shall maintain public liability insurance (including so called "builders risk" insurance and worker's compensation insurance) of at least One Million and No /100 Dollars ($,1,000,000.00). All entries on the Premises after the Tender Date and all work done by or on behalf of the Tenant shall be at Tenant's sole risk. C. Barricades. Tenant shall not erect or maintain any barricade or scaffolding which obscures the signs, entrances or show windows of any other tenant in the Development or unreasonably interferes with any such other tenant's business. D. Si na e. Landlord hereby grants to Tenant the right to install and maintain for the entire Term its standard, exposed neon channel sign, as set forth on Exhibit "D" attached hereto, on exterior walls of the Premises, as reasonably deternnined by Tenant to be the most appropriate places for purposes of visibility and advertising of Tenant's business. Landlord further grants to Tenant the exclusive right and easement to install and maintain for the entire Term its own sign panels on both sides of the two (2) Development signs located on Southwest 73'd Street (the "Development Signs "), as set forth on Exhibit "D" attached hereto, in the location in the Development as designated on the Site Plan. Tenant also shall have the right to place its standard proprietor, credit card and hours of operation insignia on the front entrance of the Premises, All of Tenant's signage shall be in compliance with all applicable govenirriental codes and shall be maintained by Tenant in good and clean condition. E. - Exterior Appearance. Except as otherwise provided herein, Landlord shall have the right, in Landlord's reasonable discretion, to control any alterations to or installations on the exterior of the Premises, including but not linnited to exterior shades, awnings, window coverings, lights and canopies. Notwithstanding the foregoing, Tenant may install' its standard exterior fascia, as shown on Exhibit "C" attached hereto and incorporated herein by reference, on the exterior wall of the Premises; 16 F. Additional Construction. During the Term of this Sublease, Tenant shall have the right to make alterations, additions and improvements to the interior or exterior of the Premises; provided, however, except as may otherwise specifically be provided in this Sublease any alterations or additions to the exterior of the Premises or to the structural portions of the building in which the `Premises are located shall not be made by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything to the contrary contained herein, Landlord's approval shall not be required for any changes to the Premises, which are part of a "system- wide" program for those stores operating under the same trade name as the Premises. Landlord may withhold its consent if (i) the alterations or improvements to the exterior of the Prenuses are not consistent with the class and character of the Development, or (ii) Landlord believes based upon professional advice that the alterations, additions or improvements to the structural portion of the building in which the Prenuses are located could cause the building to be structurally unsound. Notwithstanding anything to the contrary herein, Landlord's approval shall not be required for any changes to the Prenuses which are part of a "system-wide" program for those stores; operating under the same trade name as the Premises, so long as such changes do not violate the preceding sentence and are not inconsistent with the class and character of the Development or the architectural style of the Development. 5.3 OWNERSHIP OF IMPROVEMENTS. During the terra of this Sublease, Tenant shall be considered for all purposes to be the owner of the improvements constructed on the Premises by Tenant and Tenant alone shall be entitled to take tax deductions on its federal and state income tax returns for the depreciation and other expenses related to same. Upon termination of this Sublease, the ownership of said improvements (except as set out Hereunder) constructed on the Premises by Tenant shall belong to Landlord. All trade fixtures, equipment and other property placed on the Premises by Tenant and arty alterations or replacements thereof, including, but not limited to, all bars, booths, decorative light fixtures, stoves, ovens and other restaurant equipment, shall remain the property of, and maybe removed by, Tenant. Upon the expiration or earlier termination of this Sublease, any such property belonging to Tenant which Tenant has failed to remove from the Prenuses within thirty (3 0) days of said expiration or termination shall become the property of Landlord. Landlord may thereafter elect to remove and dispose of such property at Tenant's reasonable cost and expense. Should Tenant remove any such fixture, or any alteration or replacement thereof, affixed to the Promises that was placed on the Prenuses by Tenant, Tenant, at its sole cost and expense shall repair any damage to the Premises caused by such removal. 5.4 TENANT CONTRIBUTION, Tenant agrees to pay to Landlord a sum to be determined as a contribution toward Landlord's Work, Section 5.1 -D (i) ( "Tenant's Contribution "), Tenant's Contribution shall be calculated as follows: (1)> Landlord shall cause the General Contractor for the Development (the "GC ") to calculate the average cost per linear foot of Landlord's standard "Storefront" elevation installation for the Development fronting on SW 73rd Street pursuant to Landlord's Final Plans (the "Storefront Cost "); (2) Landlord shall multiply the linear footage of Tenant's SW 73'd Street exterior frontage ( "Tenant's Frontage ") by the Storefront Cost (the "Tenant's Standard Cost "); (3) Landlord shall cause the GC to calculate the cost of the exterior actually constructed for Tenant's Frontage (in accordance with Tenant's plans and specifications, consistent with Exhibit "C" attached hereto) by Landlord ( "Frontage Cost "); and (4) Tenant's Standard Cost shall be deducted from the Frontage Cost and the resulting sum, if any, shall be Tenant's Contribution. Tenant agrees that Tenant's Contribution shall be due and payable within ten (10) days following the latest of (i) the Commiueucement Date (ii) final completion of Landlord's Work; and (iii) Tenant's receipt of properly execrated final lien waivers for Landlord's Work, ARTICLE VI MAINTENANCE OBLIGATIONS 6.1 MAINTENANCE BY TENANT. Tenant shall at all tunes keep and maintain, at its cost and expense,: the Premises, exterior entrances, all glass and windows, all floors (excluding floor slabs), and all partitions, doors, fixtures, equipment and appurtenances thereof, including lighting, electrical equipment, l umbing fix s and equipment, grease traps, heating, ventilating and air conditioning equipment (including the major parts of the HVAC system), in good order and repair, reasonable wear and tear excepted, and in 'a clean and sanitary condition, and shall make all necessary repairs, including all necessary replacements, alterations and additions, using material and equipment of similar or superior kind and quality to the original improvements. 'Tenant shall enter into a contact with a duly licensed air conditioning service company for the maintenance of the heating, ventilating and air conditioning system. Tenant shall also enter into a pest control contract for the Prenuses at Tenant's sole cost and expense, which contract shall provide for rt a i niontlily pest inspections. Landlord shall, whenever possible, extend to Tenant the benefit of any available manufacturer's or other warranties. Tenant shall be responsible for protecting the Premises and the property located therein from theft and robbery and shall keep all doors and windows securely fastened when not in use. If Landlord fails to undertake and complete all necessary repairs to the Connnon Areas as required undertlris Sublease within a reasonable time, Tenant hereby reserves the right, upon thirty (30) days written notice to Landlord; (except in the event of an emergency, in which event no more than twenty4our (24) hours notice shall be required) to undertake and complete such repairs at Landlord's expense. Notwithstanding anything contained herein to the contrary, Landlord reserves the right to object to Tenant's claim that Landlord is in default of its obligations under this Sublease, if, in the reasonable opinion of Landlord, the requirement, scope or specifications for such work is inappropriate. Should such a conflict arise, Landlord shall respond to Tenant's notice to Landlord's default in writing in a manner which sets out an alternative plan of action or Landlord may request the opinion of a third party relative to Tenant's demands for such work. Within thirty (30) day of Landlord's receipt of default notice from Tenant, Landlord shall have eonunenced and be diligently pursuing to repair- or replace the deficiency according to a scope of work agreed toi by Tenant or as may be specified by an independent consultant. If no action is taken by the Landlord within thirty (30) clays from Landlord's receipt of default notice, then Tenant may elect to complete the repairs or replacements. Landlord shall be responsible for payment of all costs and expenses incurred by Tenant in the exercise of its right under this Article. Landlord shall have thirty (30) days from receipt of said invoice(s) for such costs to make payment in full. In the event Landlord fails to tender filll payment within said thirty (30) stays period, Tenant may thereafter begin to offset all Rent due under this Sublease until the entire amount has been recovered. If Tenant fails to maintain the Premises as required hereunder, then thirty (30) days after written request (or such longer- period as is necessary if the repair camiot reasonably be completed within the thirty (30) day period and Tenant promptly conu-nences and diligently pursues the completion of such repair), Landlord shall have the right to enter the Premises and to make such repairs at Tenant's expense, and upon completion thereof Tenant shall pay as Additional Rent Landlord's reasonable costs for slaking such repairs. Such payment shall be due within thirty (30) days after Tenant's receipt of an invoice therefor: 6.2 MAINTENANCE BY LANDLORD. Landlord covenants and agrees, at its cost and expense to keep, maintain and replace, if necessary, the Development building, foundations, the exterior paint, the utilities and plumbing system up to and including the corrections to the Premises, the sprhrlder mains, if any, structural systems including the roof, roof rrrembrarie, roof coverhrg (including interior ceiling damage by leakage), load ;bearing walls, floor slabs, masonry walls, and the Conunon Areas, (including but not limited to landscaping, sprinkler systems, pavement and striping of parking areas, and adequate lighting in the Corinnon Area and parking areas until at least 1:00 a.m.) in good condition and repair, in a neat and clean condition and in compliance with all applicable goverrunental laws, regulations' and other requirements. Notwithstanding the above, if Landlord is required to make repairs to the Prenlises or Common Areas by reason of Tenant's negligent act or failure to act, Tenant shall pay as Additional Rent Landlord's reasonable cost of making such repairs. Such payment shall be due within thirty (30) days' after Tenant's receipt of an invoice therefor. Any maintenance', items which qualify as Operating Expenses shall be included in Operating Expenses. If Landlord fails to undertake and complete all necessary maintenance or repairs as required tinder this Sublease then thirty (30) days after written request (or such longer period as is necessary if the repair cannot be reasonably completed within the thirty (3 0) day period and Landlord promptly commences and is diligently pursuing completion of such repair), Tenant shall have the right, to undertake and complete such maintenance or repairs at Landlord's cost and expense. In addition, in the event such a fail-Lire results in a material interference with Tenant's operation of its business, and Landlord does not promptly,` after notice from Tenant, which may be oral notice to Landlord's property manager followed by written notice, conuuence, and with all due diligence, continue the cure of such failure, including taki ig any immediate steps necessary to lessen the impact on Tenant's business, Tenant shall have the right to undertake and complete such maintenance or repairs at Landlord's cost and expense. Landlord shall be responsible for payment of all costs and expenses incurred by Tenant in connection with the exercise of its rights under this Section. Landlord shall have thirty (30) clays from receipt of said invoice(s) for such reasonable costs to make payment in full. In the event Landlord fails to tender fall payment within said thirty (30) day period, Tenant may thereafter begin to offset (in accordance with Section 9.4) all Rent due under this Sublease until the entire cost has been recovered. 18 6.3 ADDITIONAL CONSTRUCTION. On and after the Commencement Date, Landlord shall not, during, Tenant's standard hours of operation, engage in any construction activities or utilize any area for construction staging in or on the Common Areas, or Development that would disrupt traffic flow, reduce parking available to Tenant's customers, disturb customers or otherwise interfere with the operation of Tenant's business on the Premises in any material respect. ARTICLE VII - INSURANCE AND INDEMNITY 7.1 TENANT'S GENERAL LIABILITY INSURANCE. Tenant will keep in force at its own expense, throughout the Term of this Sublease, commercial general liability insurance with respect to the Premises and the business operated by Tenant and construction performed by Tenant with companies licensed to do business in the state in which the Premises are located and rated A- of better ill the them most current issue of Best's Insurance Reports with coverage of not less than One Million and No /100 Dollars ($2,000,000.00) per occurrence. Tenant shall have all such public liability policies endorsed to show Landlord as an additional insured with respect to occurrences upon the Premises. Tenant's insurance policy will further provide for at least ten (10) days notice to Landlord before cancellation. Tenant will furnish Landlord with certificates of such insurance within ten (10) days after written request by Landlord. If Tenant shall not comply with the provisions of this Section, then subject to notice and opportunity to cure, Landlord shall have the right to obtain insurance as required by this Section and, in such event, Tenant agrees to pay the premium for such insurance promptly upon Landlord's demand, 7.2 TENANT'S PROPERTY INSURANCE. Tenant will keep in force at its own expense, commencing on the date Tenant actually takes possession of the Premises, and continuing throughout the Tenn of this Sublease, property insurance (including flood and windstorm coverage) with respect to Tenant's improvements and betterments and personal property in the Premises with companies licensed to do business in the state in which the Premises are located and rated A- or better in the then most current issue of Best's Insurance Reports, against loss or damage by fire and such other hazards on a replacement cost basis. Tenant's insurance policy will father provide for at least ten (10) days notice to Landlord before cancellation. Tenant will finrnish Landlord with certificates of such insurance within ten (10) days after written request by Landlord. If Tenant shall not comply with the provisions of this Section, then subject to notice and opportunity to curie, Landlord shall have the right to obtain insurance as required by this Section and, in such event, Tenant agrees to pay the premium for such insurance promptly upon Landlord's demand. 7.3 EMPLOYER'S LIA13ILITY °INSURANCE. Tenant shall, throughout the Term of this Sublease, maintain such worker's compensation or employer's liability insurance as may be required by law. 7.4 LANDLORD'S INSURANCE COVERAGE. Landlord will keep in force, throughout the Term of this Sublease, connnnercial general liability insurance with respect to the Development in companies licensed to do business in the state in which the Premises are located and rated A- or better in the then most current issue of Best's Insurance Report' with combined single limit coverage of not less than Five Million Dollars ($5,000,000.00) per occurrence. Landlord shall also keep in force fuse and casualty insurance' on a replacement cost basis tivith respect to the Development improvements and betterments with companies licensed to do business in the state in which the Premises are located and rated A- or better in the then ilost current issue of Best's Insurance Report. Landlord shall fiunnish Tenant with certificates of such insurance within ten (10) days of xritten request by Tenant. All such policies, as applicable, shall name Tenant as additional insured, as its interest appears. 7.5 INDEMNITY BY TENANT AND LANDLORD. Tenant shall indemnify, save harmless and defend Landlord from and against any and all suits, claims, actions, damages, liability and expense (including reasonable attorneys' fees) in connection with loss of life, personal injiny and/or damage to property arising from or out of the occupancy or use by Tenant of the Premises Common Area, Development or any part thereof or occasioned wholly or in part by the acts or or nissions of Tenant, its officers, contractors, agents or employees (acting within the scope of their office, contract, agency or enlploynnent). Landlord shall irndenunify; save narnnless and defend Tenant from and against any and all suits', claims, actions, damages, liability and expense (including reasonable attorneys' fees) nn connection with the loss of life, personal injury and /or damage to property arising from or out of the ownership, operation or use by Landlord of the Comnnnon Areas or the Development, or any part thereof, or occasioned, wholly or in part, by any actor { onussion of Landlord, its officers, contractors, agents or employees (acting within the scope of their office, contract, r 19 . �, _ _ ,;,: . ,., I'r: „`,,�- s•"'?.�i; r . ," z €; :.? ,.Fcev'r�,� Fr^r -r, ;, r x'b°'.i ..x7'?'t;� ":r"',��— , �?, , ��,",� -,', agency or employment). Notwithstanding anything to the contrary contained herein, Landlord and Tenant shall not be indemnified as against the other from liability for their own acts or onnissions. ARTICLE VIIL- ASSIGNMENT AND SUBLETTING 8.1 ASSIGNMENT. A. I Consent of Landlord. Except as specifically provided in this Article VIII, Tenant may not assign this Sublease, without the prior written consent of Landlord, which consent may not be unreasonably withheld or denied. Any transfer of Tenant's interest in this Sublease or the Premises by operation of law, regardless of whether the same is characterized as voluntary or involuntary, shall be construed as an "assigrunent" governed by this Section. Landlord's written consent to any one assigrunent shall not act as awaiver of the requirements of consent with respect to any subsequent assigrunieiit. 13. Assumption and Release. Upon a peniutted assignment sniderthis Article VIII, the assignee shall assume all rights and obligations of Tenant under this Sublease. Any assignee of Tenant shall deliver to Landlord an assumption agreement in a form reasonably satisfactory to Landlord no less than ten (10) days after the effective date of the proposed assigrunerrt. Notwithstanding anything to the contrary contained in this Sublease, upon a pern-Atted assignment of this Sublease, the assigning Tenant's liability under this Sublease shall terminate as of the effective date of the assigmnent, and thereafter the assigning Tenant, and any Guarantor of the assigning Tenant's obligations hereunder, shall have no further liability to Landlord: C. Consent Criteria. Landlord shall notwitlihold its consent to ail assigiunent by Tenant so long as the proposed assignee (i) agrees in writing to be bound by all of the terrns and conditions contained herein, including, specifically, the Pernutted Use clause; (ii) demonstrates, to Landlord's reasonable satisfaction, prior experience in operating the Perianitted Use; and (iii) demonstrates, to Landlord's reasonable satisfaction, adequate financial resources to meet the obligations of Tenant under this Sublease. 8.2 SUBLETTING. A. Consent of Landlord.' Except as specifically provided in this Article VIII, Tenant may not sublet all or any portion of the Prernnises, without the prior written consent of Landlord,` which consent may not be unreasonably withheld or denied subject to the provisions below. Upon such permitted subletting, the sublessee shall agree to comply with all obligations of Tenant under this Sublease relating to the area subleased. Further, Landlord's written consent to any one subletting shall not act as a waiver of the requirements of consent with respect to any subsequent subletting. Notwithstanding such approved subletting, Tenant shall remain liable under this Sublease unless otherwise released in writing by Landlord or as otherwise provided in this Sublease. B. Consent Criteria. Landlord shall not withhold its consent to a subletting by Tenant so long as the proposed subtenant (i) agrees in writing to be bound by all of the terns and conditions contained herein,' including, specifically, the Permitted Use clause; and (ii) demonstrates to Landlord's reasonable satisfaction, financial resources to meet the obligations of Tenant sunder this Sublease. C. Sublease Rent. All rent and other consideration payable under any sublease shall be solely the property of Tenant. 8.3 TRANSACTIONS WITH AFFILIATES. Notwithstanding any contrary provision of this Article VIII, Landlord's consent shall not be necessary for any assignment or subletting to any person or entity (i) which is an affiliate of Tenant or Outback Steakliouse, Inc.; ' (ii) with which or into which Tenant, Tenant's 'general partner or managing or majority member, or Outback Steakliouse, Inc. has merged or consolidated; or (iii) which acquires all, substantially all or a majority of Tenant's assets or leases in the state in which the Prer ises is located. For purposes of this Section 5.3, an "affiliate" of a person or entity shall mean ally other person or entity which controls, is controlled by, or is wider coniniou control with such person or entity. i 20 a c i - ,- ,r^gT;;', Upon Landlord's request, Tenant will provide to Landlord written confirmation from Outback Steakhouse, Inc. whether an Affiliate is a general partner or member of Tenant and Landlord shall be entitled to rely on such statement from Outback Steakhouse, Inc. 8.4 TRANSFER OF LANDLORD'S INTEREST. The terns "Landlord" shall inean the leasehold interest holder, pursuant to the Master Lease attached hereto as Exhibit "G ", for the time being, of the Development, and in the event of the transfer by such owner of its interest in the Development and the assumption of Landlord's obligations hereunder by the transferee, then notwithstanding anything to the contrary contained herein, such owner shall thereupon automatically be released and discharged' from all covenants and obligations of the Landlord thereafter accruing, but such covenants and obligations shall be binding during the term of this Sublease upon each new owner for the duration of such owner's ownership. Notwithstanding the foregoing, any such owner shall remain obligated to Tenant for any and all deposits paid by Tenant hereunder until such time as said deposits are transferred to and accepted by any new owner and notice of such transfer and acceptance is given to Tenant. Landlord shall provide written notice to Tenant of any transfer or other assignment of Landlord's interest in this Sublease. Provided, however, notwithstanding anything herein to the contrary, Tenant shall not be liable to any subsequent owner of the Premises for any Rent paid to Landlord after such transfer unless and until fifteen (15) days after Tenant has been provided written notice of such transfer. ARTICLE IX — DEFAULT 9.1 DEFAULT OF TENANT: A. Events of Default. Subject to Tenant's right to notice and opportunity to cure specified in subsection B hereunder, Tenant shall be deemed to be in default of its obligations under this Sublease upon the occurrence of any of the following: (a) Tenant's failure to pay Rent or any other sums when due under this Sublease; (b) Tenant's failure to perform any material covenant, promise or obligation contained in this Sublease; (c) The appoilimient of a receiver or trustee for all or substantially all of Tenant's assets; (d) Tenant's voluntarily petition for relief under, any bankruptcy or insolvency law; (e) The sale of Tenant's interest under this Sublease by execution or other legal process; (f) The seizure, sequestration or nnpounding by virtue or under authority of any legal proceeding of all or substantially all of the personal property or fixtures of Tenant used in or- incident to the operation of the Premises; (g) Tenant's making an assigmnent of this Sublease for the benefit of creditors; (h) Any sale, transfer, assigmnent,'subleasing, concession, license, or other disposition prohibited under Article VIII hereof; or (i) Tenant shall do or perliit to be done anything that creates a lien upon the Premises and shall fail to obtain the release of any such lien or bond off any such lien as required herein. B. Notice; Right to Cure. Tenant shall only be deemed in default of this Sublease upon the continued occurrence of (i) Tenant's failure to pay rent or any other monetary srun within ten (10) days after written notice from Landlord to Tenant that such sums are due, or (ii) the occurrence of any event specified in (b) and (d) through (i) of subsection A above that is not cured by Tenant within thirty (30) days from Tenant's receipt of written notice from Landlord (provided this thirty (30) day cure period shall be extended for such reasonable period of time as is necessary to cure the default, if the ,alleged default is not reasonably capable of cure within said thirty (30) day period and Tenant commences and continues to diligently cure the alleged default). 9.2 LANDLORD'S REMEDIES. Upon Tenant's default hereunder Landlord may exercise the following options: A. Termination of Possession. Terminate Tenant's right to possession under this Sublease and reenter and take possession of the Prernises and relet or attempt to relet the Premises on behalf of Tenant, at such rental and upon such terms and conditions as Landlord may, in the exercise of Landlord's reasonable discretion, deem best t 21 under the circumstances. Landlord shall not be deemed to have thereby accepted a surrender of the Premises and Tenant shall remain liable for all rental and other charges due under this Sublease. At any time during such repossession: or re- letting, Landlord may, by delivering written notice to Tenant, elect to exercise its option under the following Section to accept a surrender of the Prenuses, terminate and cancel this Sublease and retake possession and occupancy of the Premises on behalf of Landlord. B. Termination of Sublease. Declare this Sublease to be terminated, and reenter upon and take possession of the Premises by any lawful means, whereupon the term hereby granted and all right, title, and interest of Tenant in the Premises shall terminate. Such termination shall be without prejudice to Landlord's right to collect from Tenant any rental or other charges or stuns that have accrued prior to such termination. Notwithstanding the foregoing, upon such termination and re -entry by Landlord, Tenant shall be forever released from any and all further obligations hereunder. C. Other Remedies, Exercise any and all rights, remedies, and privileges that Landlord may have under applicable law, or this Sublease are cumulative and not exclusive, 9.3 DEFAULT OF LANDLORD. A. Events of Default. Landlord shall be in default under this Sublease if Landlord fails to perform any of its obligations or breaches any of its covenants contained in this Sublease in any material respect and said failure or breach continues for a period of thirty (30) days after written notice from Tenant to Landlord (provided this thirty (30) day period shall be extended for such reasonable period of time as is necessary to clue the default, if the alleged default is not reasonably capable of cure within the thirty (30) day period and Landlord coilunences and continues diligently to cure said default). B. Tenant's Remedies. If Landlord is in default under this Sublease, Tenant may commence an independent action against Landlord for any remedy available to Tenant at law or in equity, all such remedies to be cumulative and non- excluisive. In addition to all other remedies at law or in equity, Tenant shall have the right to tenniriate this Sublease or vacate the Premises in the event of a breach of any provision of Sections 1.2 and 1.4 hereof. In addition to the foregoing remedies, Tenant shall have the tight of setoff against Rent for any damages that Tenant may have sustained by reason of Landlord's default under this Sublease. Iui addition,` should Tenant obtain a monetary judgment against Landlord, Tenant may offset such judgment against all Base Rent and Additional Rent and other sums next due under this Sublease until Tenant has frilly recovered the amount of such judgment: C. Remedies Cumulative and Non Exclusive. The rights and remedies of Tenant set forth in this Section 9.3 and elsewhere in this Sublease are cumulative and not exclusive and are in addition to arty remedy Tenant may have at law or in equity (including the right to injunctive relief) all of which shall be cumulative. D. Limitationson Landlorc's Liability. Notwithstandnrg anyfliurg to tlne cointraiyeontahied ur this Sublease, in the event of any default or breach by Landlord with respect to any of the terms, covenants and conditions of this Sublease to be observed, honored or performed by Landlord, Tenant shall look to Landlord's ownership interest in the Development and the rents, profits and insurance, condemnation and other proceeds payable to Landlord with respect to the Development for the collection of any judgment (or any otherjudiciai procedures requiring the payment ofnioney by Landlord) and no other property or assets of Landlord shall be subject to levy, execution, or other procedures for satisfaction of Tenant's remedies. The foregoing limitation of liability shall not apply to claims by Tenant resulting from (i) Landlord's failure to carry the insurance required under this Sublease; (ii) Landlord's misappropriation or misapplication of insurance or condemnation proceeds; or (iii) Landlord's fraud. 9.4 DISPUTE OVER TENANT OFFSET. Prior to offsetting any amount against Rent under this Sublease, Tenant shall give written notice to Landlord (thee "Offset Notice ") of Tenant's intent to offset.' Any Offset Notice shall include the amount of the offset claimed and the basis for the offset claimed. Landlord shall have the right to dispute, in accordance with this Section 9.4, any offset to Rent clairned by Tenant, except for an offset of a monetary judgment (as provided for in Section 9.313) or an offset otherwise pursuant to a court order or an arbitration award. -To. --j , 22 contest an offset Landlord must, within ten (10) days of the Offset Notice, provide notice to Tenant that Landlord disputes all or a portion of the offset (the "Offset Dispute Notice "). Landlord may only give the Offset Dispute Notice if Landlord, in good faith, believes that Tenant is not entitled to all or any part of the offset claimed in the Offset Notice. Any Offset Dispute Notice shall outline the specific items of the offset objected to by Landlord (the "Disputed Charges ") and the specific reasons forthe objection. To be effective, the Offset Dispute Notice must be accompanied by Landlord's' payment of the portion of the offset not disputed or include an authorization for Tenant to offset against Rent the portion of the offset not disputed. As to the Disputed Charges, the parties shall, within the thirty (30) day period following the Offset Dispute Notice, attempt to reach agreement upon the amount owed. During the dispute resolution period, including any arbitration, Tenant shall, subject to the other terms of this Sublease, continue to pay the Rent otherwise due under this Sublease. If the parties are unable to reach an agreement within the thirty (30) day period, the matter shall be settled bybinding arbitration by an arbitrator agreed upon by the parties or, if the parties are unable to agree, by a neutral (i.e. having no prior association with either party) arbitrator appointed by the American Arbitration Association or local arbitrations association. Any arbitrator shall be a licensed attorney with substantial experience in connnercial leases. Landlord and Tenant agree to use diligent good faith efforts to have the arbitrator appointed within sixty (60) days following the Offset Dispute Notice and to complete the arbitration within one hundred twenty (120) days following the 'Offset Dispute Notice. All costs of the arbitration (including the fees of the arbitrator, but not attorneys fees) shall be paid by the non - prevailing party. For these purposes, the terns "non- prevailing party" will mean Tenant if the arbitrator finds that Tenant was not entitled to an offset; otherwise it shall mean Landlord. The arbitrator's determination as to whether one party is a "prevailing party" or a "non- prevailing party" will be binding on the Landlord and Tenant. If the arbitrator does not make a determination that one party, or the other, is a "ton- prevailing party", then the costs of the arbitration shall be paid half by Tenant and half by Landlord. The amount finally agreed upon'or fouuid to be due Tenant by arbitration, together with interest at a rate of 1.25°/% per month (or part thereof), accruing on the unpaid amount due Tenant from the date of the Offset Notice, shall be paid within ten (10) business days of such agreement or finding, failing which Tenant may thereafter begun to offset all Rent due under this Sublease until the entire amount due has been recovered; Provided that Tenant complies with this Section,• Landlord shall not be entitled to claim a default under this Sublease as a result of an offset by Tenant. 9.5 DISPUTE OVER TENANT ABATEMENT. Prior to abating any amount against Rent under this Lease, Tenant shall (i);give written notice to Landlord (the "Abatement Notice ") of Tenant's intent, to abate, and (ii) follow the procedures set forth in this Section 9.5. Any Abatement Notice shall include the amount of the abatement claimed and the basis for the abatement clauned, Landlord shall have the right to dispute, in accordance with this Section 9.5, any abatement to Base Rent asserted by Tenant, except for abatement pursuant to a court order or arbitration award. To contest an abatement Landlord must, within ten (10) days of Tenant's notice to Landlord that it intends to abate Base Rent, provide notice to Tenant that Landlord disputes all or a portion of the abatement ( the "Abatement Dispute Notice "). Landlord may only give the Abatement Dispute Notice if Landlord, in good faith, believes that Tenant is not entitled to all or any part of the abatement claimed. Any Abatement Dispute Notice shall outline the specific reasons that Landlord believes Tenant is not entitled to the abatement claimed by Tenant and shall include an express authorization for Tenant to proceed with any portion of the abatement not disputed by Landlord. The parties shall, within the thirty (30) day period following the Abatement Dispute Notice, attempt to reach agreement on what abatement (if any) Tenant is entitled to -under this Lease. During the dispute resolution period, including any arbitration, Tenant shall pay (as and when it would otherwise be due under this Lease) the Base Rent which Tenant contends should be abated to Landlord. If the parties are unable to reach an agreement within the thirty (30) day period, the matter shall be settled by binding arbitration by an arbitrator agreed upon by the parties or, if the parties are unable to agree, by a neutral (i.e. having no prior association with either party)' arbitrator appointed by the American Arbitration Association or local arbitration association. Any arbitrator shall be a licensed attorney with substantial experience in commercial leases. Landlord and Tenant agree to use diligent good faith efforts to have the arbitrator appointed within sixty (60) days following the Abatement Dispute Notice and to complete the arbitration within one hundred twenty (120) days following the Abatement Dispute Notice. All costs of the arbitration (including the fees of the arbitrator, but not attorneys fees) shall be paid by the non - prevailing party. For these purposes, the tern "non- prevailing party will mean Tenant if the arbitrator' finds that Tenant was not entitled to all or a majority of the claimed abatement; otherwise it shall mean Landlord.' The arbitrator's determination as to whether one party is a "prevailing party" or a "non - prevailing party will be binding onithel Landlord and Tenant. If the arbitrator does not make a determination that one party, or the other, is a "non- prevailing party", then the costs of the arbitration shall be paid half by Tenant and half by Landlord. The total 1 amount of the abatement awarded relating to periods' prior to award shall be paid by Landlord to Tenant within ten (10) 1 days of the arbitration award (failure of which Tenant may offset the amount against Rent due under the Lease) and I f 23 additional awards shall be offset against and recovered from Rent due under this Lease following the arbitration award, in the manner provided for by the arbitration award. Provided that Tenant complies with this Section, Landlord shall notbe entitled to claim a default tinder this Lease as a result of au abatement by Tenant. ARTICLE' X - ACCESS BY LANDLORD 10.1 RIGHT TO ENTER. Landlord or Landlord's agents shall have the right to enter the Premises upon reasonable notice and during Tenant's non - business hours, accompanied by Tenant's representative, to show the Premises to prospective purchasers of the Development and to nuance such reasonable repairs to the Prenuses as Landlord may deem necessary and which are Landlord's; responsibility (or Landlord is entitled to perform) under this Sublease. During the ninety (90) day period inunediately preceding the expiration of the Term, Landlord may show the Prenuses to prospective tenants during normal business hours, upon reasonable notice and accompanied by Tenant's representative. Landlord agrees to take all reasonable steps to minimize any interference in Tenant's business operations as a result of such entry. Landlord shall be allowed to take all material into and upon the Prenuses that may be required for all reasonable repairs to be made by Landlord tinder this Sublease, without the same constituting an eviction of Tenant. Landlord shall use its best reasonable efforts to do all repairs when Tenant is not open to the public and to conduct all such repairs in a reuniter so as to mniinnize any disruption to Tenant's business. In the event that as a result of'suchrepairs Tenant's business ceases operation, Tenant shall be allowed to abate all Base Rent and Additional Rent due hereunder for such three period. Nothing tin this section shall be deemed to impose upon Landlord any obligation for the care, maintenance or repair of the Premises, such obligation being set forth elsewhere in this Sublease. ARTICLE XI - CONDEMNATION 11.1 CONDEMNATION, If cluring the Term of this Sublease, the whole of the Premises or the Connnon Areas are condemned or taken ill any manner for public use, or if a portion of the Premises or the Conurion Areas (including access to the ConunonAreas) are condemned or taken in any manner or degree to an extent that constitutes an unreasonable interference with Tenant's business' operations (as deteinnunedby Tenant, in its reasonable discretion), then in either event Tenant may elect to terminate this Sublease as of the date of the vesting of title in the condemning authority. As used in this Article, a condern lation'or taking includes a deed given or transfermade in lieu thereof. 11.2 AWARD. Landlord shall be entitled to that portion of the condemnation award attributable to Landlord's fee interest. Tenant shall be entitled to that portion of the condenniation award attributable to Tenant's leasehold'' interest, Tenant's improvements and fixtures on the Premises, all business damages, and relocation costs. In the event a portion of Landlord's award is attributable to any items to which the Tenant is entitled as set forth above, then Landlord shall pay such sums to Tenant within ten' (10) days of receipt of the condemnation award. 11.3 RESTORATION. If Tenant does not elect to terrnninatethis Sublease, then Landlord shall commence restoring the Prenuses and Coninion Areas as soon as reasonably possible and thereafter proceed with diligence to complete such restoration as soon thereafter as is practicable, but in no event later than one Hundred eighty (180) days after the date title vests in the condemning authority. If Landlord finds replacement space for the ComrnonAreas or Premises in a form reasonable satisfactory to Tenant, in Tenant's sole discretion, then Landlord shall immediately conninenee the necessary improvements and shall at its cost, restore the Common Areas or Premises to the same condition as existed prior to such taking. Tenant shall, upon', delivery of the Prenuses by Landlord, complete its work as soon thereafter as is practicable, but in no event later than nunety {90) days after delivery by Landlord. During the time period of such restoration work Tenant shall receive a proportionate reduction it B ase Rent and Additional Rent until all facilities are restored, unless Tenant is innable, as deternnined in its reasonable discretion, to continue operating its business hi the Premises, in which event all Base Rent and Additional Rent shall abate until Tenant reoperns for business. ARTICLE XII - DESTRUCTION OF PREMISES 12.1 TERMINATION. If the Premises are totally destroyed by fire or other casualty or if the Premises are partially destroyed to an extent' that constitutes an unreasonable interference in Tenant's business operations (as deternnined by Tenant, in Tenant's reasonable discretion), then Tenant shall have the option of terminating this Sublease 24 n upon written notice to Landlord within sixty (60) days after such casualty loss, in which event Rent and all other obligations herein shall cease as of the date of such casualty, and neither Landlord nor Tenant shall have any further obligations or rights hereunder. 12.2 RESTORATION. In the event of fire or other casualty and Tenant elects to continue under this Sublease as hereunabove provided, then Landlord shall be required to restore the Premises to the same or better condition as existed prior to such fire or other casualty. Landlord shall coirnrience restoration of the Premises as soon as reasonably possible and thereafter proceed with diligence to complete such restoration as soon thereafter as is practical, but in no event later than one Hundred eighty (180) days after the date of casualty: Tenant shall, upon delivery of the restored Premises by Landlord, complete its work as soon thereafter as is practicable, but in no event later than ninety (90) days after delivery by Landlord. Tenant shall receive a proportionate reduction nn the Base Rent and Additional Rent from the date of such casualty until all facilities are restored, unless Tenant is unable, in its reasonable discretion, to continue operating its business nn the Premises, !it which event all Base Refit and Additional Rent shall abate until Tenant reopens for business. ARTICLE XIII - REPRESENTATIONS AND WARRANTIES 13.1 TENANT. Tenant hereby represents and warrants to Landlord that: (i) Tenant is a duly authorized and validly existing Florida limited partnership qualified to do business in the State of Florida; (ii) Tenant has the frill right and authority to enter into this Sublease; (iii) each of the persons executing this Sublease on behalf of Tenant is authorized to do so; and (iv) this Sublease constitutes a valid and legally binding obligation of Tenant, enforceable in accordance with its terms. 13.2 LANDLORD. Landlord represents' and warrants to Tenant that: (i) the Landlord has a leasehold interest in the Development pursuant to that certain Ground Lease dated March 11, 2006, between Landlord, as Lessee and the City of South Miami, a nituricipality of Miami -Dade County, Florida as Lessor (herein "Master Landlord ") (collectively the "Master Lease "), as attached herein as Exhibit "G "; (ii) Landlord is not a'party to and to the best of Landlord actual knowledge, except for agreements encumbering the Development and recorded in the public records there are no agreements, contracts, covenants, conditions or exclusions which would, if enforced, prohibit or restrict the operation of the Premises for the Intended Use; (iii) Landlord is a duly authorized and existing corporation tinder the laws of the State' of Florida and is qualified to do business in the State of Florida; (iv) Landlord has the fill right and authority to enter into this Sublease; (v) each of the persons executing this Sublease on behalf of Landlord is authorized to do so; and (vi) this Sublease constitutes a valid and legally binding obligation of Landlord, enforceable in accordance with its terms. ARTICLE XIV - ESTOPPEL CERTIFICATE, SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT 14.1 ESTOPPEL CERTIFICATE. At any time and from time to time either party, upon request of the other party, will execute, acknowledge and deliver an instrument, stating, if the same be true, that this Sublease is a true and exact copy of the Sublease between the parties hereto, that there are no amendments hereto (or stating what amendments there may be), that the same is then in Rill force' and effect and that, to the best of its knowledge, there are no offsets, defenses or counterclaims with respect to the payment of Rent hereunder or in the performance of the other terms, covenants and conditions hereof on the part of Tenant or Landlord, as the case may be, to be performed, and that as of such date no default has been declared hereunder by either party or if so, specifying the same. Such instrument will be executed by the other party and delivered to the requesting party within fifteen (15) days of receipt of a request therefor. 14.2 TENANT SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT FOR FUTURE MORTGAGES. Tenant agrees to subordinate its interest in this Sublease to any future mortgage or deed of trust encumbering the Premises and held by an institutional mortgagee by the execution of a SNDA in a form as may be approved by Tenant (which shall be based upon Tenant's form of SNDA), which SNDA shall also be executed by such future mortgagee and Landlord. Tenant's interest in this Sublease shall not be subordinate to any future mortgage or deed of trust except as expressly provided' in such ftilly executed SNDA. 25 _7M- 25 M >, ., � r; 14.3 LANDLORD SUBORDINATION. Landlord hereby expressly subordinates any and all claim, right, lien (including, without limitation, any connnon law or statutory Landlord's lien), title and security interest in and to all furniture, goods, equipment and personal property of Tenant to the security interest of Tenant's lender, if any, either existing as of the execution date of this Sublease or thereafter, Landlord further agrees to promptly execute ally subordination agreement reasonably requested of Landlord by Tenant's lender. ARTICLE XV HAZARDOUS SUBSTANCES 15.1 TENANT'S REPRESENTATION. Tenant shall not cause or permit any l- Iazardous Substance to be used; stored, generated, or disposed of on, in or about the Premises (except those commonly or properly used in connection with the operation of a restaurant and which are used in accordance with all applicable govern�ental laws and regulations), without obtaining Landlord's prior (written consent. If the Prenuses become contaminated in any manner as 1. a result of any breach of the foregoing covenant or any act or omission of Tenant or any of its agents, employees or contractors, Tenant shall indemnify, defend and hold harmless Landlord from any and all claims, demands, actions, damages, fines, judgments, penalties, costs (including attorneys', consultants', and experts' fees), liabilities, losses and expenses arising during or after the tena of this Sublease and arising as a result of such contamination. This indenunificatiom includes, without limitation, any and all costs incurred due to any investigation of the site or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on, in, or about the Premises that results in contamination, Tenant, at its sole expense, shall complete all required clean up, removal and remediationn. Tenant shall first obtain Landlord's approval for any such remedial action. Notwithstanding the foregoing, this indenuiification shall only apply to contamination by Hazardous Substances resulting from Tenant's use and operation of the Premises. Nothing herein contained shall be held to indemnify Landlord from liability or to create any liability on Tenant for Hazardous Substances contamination resulting from Landlord's ownership, use or operation, or the use or operation by any third party in, on or under the Premises or the Development. 15.2 LANDLORD'S >REPRESENTATION. Landlord represents and warrants that no leak, spill, discharge, emission or disposal of Hazardous Substances has occurred on the Prenuses or Development and that the soil, groundwater, soil vapor on or under the Prenuses and Development is free of Hazardous Substances as of the Effective Date. Landlord agrees to provide to Tenant a copy of all enviromniental audits and reports with respect to the Development within its possession or available to it within five (5) days of the Effective Date. Landlord covenants and agrees, at its sole cost and expense, to indemnify, protect, defend and save Tenant harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses (including, without limitation, attorneys' and experts' reasonable fees and disbursements) of any kind or nature whatsoever which may at any time be imposed upon, incurred by or asserted or awarded against Tenant and arising from or out of any Hazardous Substances on, in, under or affecting all or any portion of the Promises, which Hazardous Substances are not the result of Tenant's use or operation of the Premises. 15.3 DEFINITIONS. As used herein, the te7n "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local govermnent, the State in which the Pren-►ises are located, or the United States governinent. "Hazardous Substance" includes any and all materials or substances which are defined as "pollutant"', "contaminant", hazardous waste. ; "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local goverimiental law. "Hazardous Substance" includes, but is not limited to, asbestos, polychlorobipinenyls and petroleum. The provisions under this entire. Article shall survive the expiration or earlier termination of this Sublease. ARTICLE XVI — MISCELLANEOUS 16.1 NOTICE. Any notice, demand, request or other instrument which may be or is required to be given under this Sublease, whether by a party hereto or on behalf of such party by its legal representative, shall be deemed to be delivered (i) when received (or when receipt is refused) if deposited in the ULrited States mail, postage certified or registered mail, return receipt requested, or (ii) when received (or when receipt is'refitsed) if delivered personally or 1' sent by a nationally recognized overnight courier, all charges prepaid, at the addresses of Landlord and Tenant as forth in this Section. Such address may be changed by written notice to the other party in accordance with this Section. r 26 rsmR The parties aclulowledge that copies of any notice sent by facsimile or e -mail are for convenience only, and shall not be deemed to be proper notice required hereunder. 1f to Landlord: If to Tenant; Mark Richman Properties; Inc, Outback/South Florida -II, Limited Partnership 18500 NE 5 °1 : Ave. c/o Outback Stealouse of Florida, Inc. North Miami, FL 33179 2202 N. West Shore Blvd., 5`1' Floor Attention: Mark Richman Tampa, FL 33607 (305) 389 -7830 Phone Attention: Real Estate Manager (305) 652 -7017 Fax (813) 282 -1225 Phone (813) 282 -9195 Fax and George McArdle, Esq. and McArdle, Perez, Escoto de Zendegui & Luaces, P.A. Outback Steakhouse, Inc. 201 Alhambra Circle' 2202 N. West Shore Blvd., 5"' Floor Suite 702 Tampa, FL 33607 Coral Gables, • FL 33131 Attention: General Counsel (305)442- 2214 (813) 282 -1225 Phone (305) 442 -2291 Fax (813) 281 -2114 Fax 16.2 WAIVER. The waiver by Landlord or Tenant of any breach or default of any term, covenant or condition shall not be deemed to be a waiver of any subsequent breach or default of the same or any other teen, covenant or condition, nor shall the acceptance or payment of Rent or other payment be deemed to be a waiver of any such breach or default. No term, covenant or condition of this Sublease shall be deemed to have been waived by Landlord or Tenant, unless such waiver', is in writing. 16.3 CAPTIONS AND SECTION NUMBERS. The captions and section numbers appearing in this Sublease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections. 16.4 ENTIRE AGREEMENT. This Sublease and any attaclnnents hereto and forming a part hereof set forth all the covenants, promises, agreements, conditions, and understandings between Landlord and Tenant concerning the Premises and there are no covenants, promises, agreements, conditions or iunderstandings, either oral or written, other than as herein set forth. No subsequent alteration, amendment, change or addition to this Sublease shall be biding upon Landlord or Tenant until reduced to writing and signed by Landlord and Tenant. 16.5 TENANT AND LANDLORD DEFINED USE OF PRONOUN. The words "Tenant" and "Landlord" shall mean each party mentioned as Tenant or Landlord herein,' whether one or more, and their respective heirs, executors, administrators, successors, and assigns. If there is more than one party any notice required or permitted may be given to any one thereof, and such notice to one shall be deemed notice to all, unless multiple notices are required by Section 16.1. The use of the singular pronoun to refer to Tenant or Landlord shall be deemed proper regardless of the number of parties. 16.6 PARTIAL INVALIDITY. If any term, covenant or condition of this Sublease, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Sublease or the application of such term, covenant, or' condition to persons or circumstances other than those as to which it was held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition of this Sublease shall be valid and be enforced to the fullest extent permitted by law. 16.7 APPLICABLE LAW. This Sublease shall be construed according to the laws of the State in which the Premises are located. 27 16.8 RECORDING'. Upon request by Landlord or Tenant, the other party shall execute a Memorandum of this Sublease in the form of Exhibit "E" attached hereto to be recorded by Landlord or Tenant in the public records at the recording party's expense. 16.9 COSTS OF ENFORCEMENT. In the event that Landlord or Tenant shall bring an action to recover any sum due hereunder or for any breach hereunder and shall obtain a judgment in its favor, or in the event that Landlord or Tenant retain an attorney for the purpose of collecting any sum due hereunder or construing or enforcing any of the terms or conditions hereof or protecting their interest in any bankruptcy, receivership, or insolvency proceeding or otherwise against the other, the prevailing party shall be entitled to recover all reasonable costs and expenses incurred, including reasonable attorneys' and legal assistants' fees prior to trial, at trial, and on appeal and for post - judgment proceedings. 16.10 SUCCESSORS. The provisions of this Sublease shall inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors, and assigns of Landlord and Tenant. 16.11 FORCE MAJEURE. In the event that either party hereto shall be delayed or hindered in or prevented from the performance required hereunder (other than the payment of monies) by reason of strikes, lockouts, labor troubles, failure of power, riots, insurrection, war, acts of God, or other reason of like nature not the fault of the party delayed inperforming work or doing acts (hereinafter "Permitted' Delay "), such party shall be excused for the period of time equivalent to the delay caused by such Permitted Delay. Notwithstanding the foregoing, any extension of time for a Permitted Delay shall be conditioned upon the party seeking an extension of time delivering written notice of such Pennitted Delay to the other party within ten (10) days of the event causing the Permitted Delay, and the maximum period of time which a party may delay any act or performance of work due to a Permitted Delay shall be sixty (60) days. 16.12 BROKERS. Tenant and Landlord represent and warrant to each other that they Have not consulted or contacted any agent, broker, or finder in connection with this Sublease, other than Property Pro and The Comras Company of Florida, Inc.' (collectively "Broker "), whose fees and commnissions shall be paid by Landlord. Landlord and Tenant agree to defend, indenuiifyand hold the other harnnless from any and all claims for compensation or connnnission in connection with this Sublease by any broker, agent, or finder (other than Broker) claiming to have dealt with such party. 16.13 LANDLORD'S RIGHTS. All rights reserved to Landlord under this Sublease shall be exercised in a reasonable manner and in a manner so as to iniiiimize any adverse impact to Tenant's business or Tenant's use or enjoyment of the Premises. 16.14 CONSENT. Except as expressly set forth in this Sublease, whenever a party's consent is requested under or in connection with this Sublease, such consent shall not be unreasonably withheld, delayed or conditioned. 16.15 AUTHORITY TO AMEND. Landlord acknowledges' and agrees that so long as any affiliate of Outback Steakhouse, Inc. is a general partner or member of Tenant or Tenant's general partner (the "Outback Affiliate"), any amendment or modification of or waiver or consent under this Sublease nhust be executed by the Outback Affiliate to be bindin g on Tenant. The Outback Affiliate reserves the right, on behalf of Tenant; to void any amendment, modification, waiver or consent which it did not execute or otherwise join in. 16.16 TIME REQUIREMENTS. For purposes of all time requirements and limits hereunder, any time requirement reference to days other than "business days" shall mean actual "calendar days" which shall include each day after the day froin which the period corrnrrences. All time requirements referenced as "business days" shall include each day after the day from which the period commences excluding any Saturday, Sunday or legal holiday. If the final day of any such time period falls on a Saturday, Sunday or legal holiday in the jurisdiction where such the Premises are located or the jurisdiction to which notices to Landlord' or Tenant are to be sent, such period shall extend to the first business day thereafter. [The remainder of tlhis page intentionally left blank.] 28 IN WITNESS WHEREOF, Landlord and Tenant have executed this Sublease effective as of the Effective Date. WITNESSES: Mark Rielurian Properties, Inc., a FlAriclaporad', B TO NamTitl �• Date: %1 "Laudlord"� y Outback/South Florida -II, Limited Partnership, a Florida limited partnership By: Outback Steakhouse of Florida, Inc., a Florida corporation, general partner By: ----' ,_% Name: Karen Bremer Title: Authorized Agent Date: �✓�' �_ "Tenant" G:\OUTBACIE PENDING \South Miami, FUexecution \Execution 032706.doc { i 29 i Joinder of Master Landlord The undersigned, City of South Mianli ( "Master, Landlord "), hereby joins in this Sublease and agrees with and for the benefit of Tenant as follows: (i) Master Landlord is the fee owner of the Development; (ii) the term of the Master Lease shall con-unence on the Lease Conirriencement Date and shall expire on the date which is fifty (50) years following' the Lease ConnnencementDate unless renewed or extended pursuant to the terms and provisions of the Master Lease; (iii) the Master Lease is in full force and effect; and (iv) no uncured default has occurred under the Master Lease with respect to Master Landlord's or Landlord's duties and obligations thereunder and no event of default has occurred under the Master Lease which, with the giving of notice and /or passage of time, would constitute an event of default under the Master Lease. The undersigned, being the Master Landlord under the Master Lease, agrees as follows: I . Master Landlord shall not, in the event of the termination of the Master Lease or in connection with the exercise of any right, remedy or privilege granted by the Master Lease, or otherwise available to Master Landlord under the Master Lease, at law or in equity, disturb Tenant's possession or any of Tenant's other rights under this Lease or ally of the terms or provisions of this Lease, so long as Tenant is not in defauilt of any material provision of this Lease (beyond the expiration of the applicable notice and cure period) at the time of such tern-ninnation or at the time the Master Landlord exercises such right, remedy or privilege. Without limitation of the foregoing, the Master Landlord; agrees, so long as Tenant is not in default of any material provision of this Lease (beyond the expiration of the applicable notice and cure period), (i) that Tenant shall not be named as a party to any proceeding instituted by the Master Landlord for the termination of, or in connection with the exercise of any other remedy under, the Master Lease; (ii) that the termination of the Master Lease will not affect Tenant's rights under this Lease (included, but not limited to Tenant's renewal options); and (iii) that in the event of the ten iination of the Master Lease, this Lease will, subject to Section 4 below, continue in fill force and effect as a direct lease between Tenant and Master Landlord. It is the intent and agreement of Master. Landlord that this Lease and all of its terms will be filly honored by Master Landlord, regardless of the terms of, or any default under, or the termination of the Master Lease. 2. Master Landlord hereby covenants and warrants to Tennant that Tenant shall peacefully and quietly have, hold and enjoy the Premises fi-ee of any claims or interference arising by, through or under Master Landlord, under and subject to all the terms of this Lease, including, but not limited to, this Joinder of Master Landlord. 3. Master Landlord hereby represents and warrants to Tenant that there is no mortgage, or deed of trust encumbering its fee interest in the Development. 4. In the event that Master Landlord becomes the Landlord under this Lease, as a result of the termination of the Master Lease, Master Landlord shall not be: (a) liable for any default under this Lease by any prior landlord; provided that this is not untended to release any Master Landlord from the obligation to cure any default condition that exists as of the date the Master Landlord becomes the Landlord under the Lease, subject, however, to the Master Landlord being provided the notice and opportunity to cure such default provided for in the Lease; or (b) bound by any rent or additional rent which Tenant might have paid to any prior landlord more than thirty (34) days in advance of its due date under the Lease; or (c) bound by any amendment to the Lease made without Master Landlord's consent; provided that for purposes of this item, an airiendment does not include Landlord's agreement to extend any of the three periods provided for in the Lease (for example, T'enant's Inspection Period or Permits and Approvals Period); or (d) bound by any notice given by Tenant to airy prior Landlord, whether or not such notice is given pursuant to the tennis of the Lease, unless notice is also given to Master Landlord; or (e) subject to any accrued off =set right, unless expressly provided for by the Lease or by court order; or (f) liable for any security deposit held by any prior Landlord, unless actually received by Master Landlord. 5. The Master Lease, shall not cover or encumber and shall not be construed' as subjecting hi any manner to the lien thereof any of Tenant's improvements or trade fixtures, Runiiture, equipment or other personal property at any tirne placed or installed in the Premises. 6. In the ,event the Premises or any part thereof shall be taken for public purposes by condenuiation or transfer in lieu thereof or the same are darnaged or destroyed, the rights of the parties to any condenmation award or insurance proceeds shall be determined and controlled by the applicable provisions of the Master Lease Master Landlord's current notice address is as follows: 30 t N Master Landlord: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 With Copy to: City Attorney for the City of South Miami Nagin Gallop Figueredo 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 7. This Joinder of Master Landlord shall be binding upon and inure to the benefit of the successors and assigns of Master Landlord and Tenant. Consented and Agreed to: Alaster Landlord: City of South Miami, A municipality of'Miarni -Dade County, Florida By: Name: Title:' Date: 31 EXHIBIT "A ", SITE PLAN 3f W AV 4199 'M'S Y lc.f�T—. €� I —1 6 m j II I 7 I II i �.. O UOOIIftl00L%3 A9H30N3W3 �I�1�I' i a < 1 '- 1 J 1 1 I I nl� ji M gF IT-1 ld , C r sF y IN 7L, -j -- — - - - .J__ —_ -------------------------- fir. I I 1 I I — — — — —�— — �- - �-u�as nn�s----------- j - - - - -- — j j �� ,,•N�.,. ,,.,nm— �+-r^=o - _"'v`�.t".,'� -�°��r ',=r ,:.F . x'F"�° ?, p�:,a,�-,. P^,`�`,s�. ` �'s��, -'+? - m�- 3. ^f�'.""',`x."'. �'A�*.�.'. r.�, :,- "' �-'i';..':?. s �.,���'�'„s�,r,�`�°^. Joinder of Master Landlord The 'undersigned, City of South Mianmi ( "Master Landlord"), hereby joins in this Sublease and agrees with and for the benefit of Tenant as follows: (i) Master '- Landlord is the fee owner of the Development; (ii), the term of the Master Lease shall commence on the Lease Commencement Date and shall expire on the date which is fifty(50) years following the Lease Cornmencement Date unless renewed or extended pursuant to the terms and provisions of the Master, Lease; (iii) the Master Lease is in full force and - effect; and (iv) no uncured default has occurred under the Master Lease with respect to Master Landlord's or Landlord's duties and obligations thereunder and no event of default has occurred under the Master Lease which; with the giving of notice and/or passage of time,, would' constitute an event of default under the Master Lease. The undersigned, being the Master Landlord under the Master Lease, agrees as follows: 1. Master Landlord shall not,' in the event of the teiinination of the Master Lease or in connection with the exercise of any right, remedy or privilege granted by the Master Lease, or otherwise available to Master Landlord tinder the Master Lease, at law or in equity, disturb Tenant's possession or any of Tenant's other rights under this Lease or any of the terms or provisions of this Lease, so long as Tenant is not in default of any material provision of this Lease (beyond the expiration of the applicable notice and cure period) at the time of such termination or at the time the Master Landlord exercises such right, remedy or privilege.` Without limitation of the foregoing, the Master Landlord agrees, so long as Tenant is not in default of any material provision of this Lease (beyond the expiration of the applicable notice and cure period), (i) that Tenant shall not be named as a party to any proceeding instituted by the Master Landlord for the termination of, or in connection with the exercise of any other remedy under, the Master Lease; (ii) that the termination of the Master Lease will not affect Tenant's rights trader this Lease (included, but not limited to Tenant's renewal options); and (iii) that in the event of the termination of the Master Lease, this Lease will, subject to Section 4 below, continue in full force and effect as a direct lease between Tenant and Master Landlord. It is the intent and agreement of Master Landlord that this Lease and all of its terms will be fully honored by Master Landlord, regardless of the terms of, or any default under, or the termination of the Master Lease. 2. Master Landlord hereby covenants and warrants to Tenant that Tenant shall peacefully and quietly have, hold and enjoy the Prenmises free of any clainms or interference arising by, through or under Master Landlord, hinder and subject to all the ters of this Lease, including, but not limited to, this Joinder of Master' Landlord. 3. Master Landlord hereby represents and warrants to Tenant that there is no mortgage or deed of trust encumbering its fee interest in the Development. 4. In the event that Master Landlord becomes the Landlord Linder this Lease, as a result of the termination of the Master Lease, Master Landlord shall not be:' (a) liable for any default under this Lease by any priorlandlord; provided that this is not intended to release any Master Landlord from the obligation to cure any default condition that exists as of the date the Master Landlord becomes the Landlord under the Lease, subject, however, to the Master Landlord being ,provided the notice and opportunity to cure such default provided for in the Lease; or (b) bound by any rent or additional rent which Tenant might have paid to any prior: landlord more than thirty (30) days in advance of its due date under the Lease; or (c) bouund by any amendment to the Lease made without Master Landlord's consent; provided that for purposes of this item, an annendnnent does not include Landlord's agreement to extend any of the time periods provided for in the Lease (for example, Tenant's Inspection Period or Permits and Approvals Period); or (d) bound by any notice given by Tenant to any prior Landlord, whether or not such notice is given pursuant to the teens of the Lease, unless notice is also given to Master Landlord; or (e) subject to any accrued off -set right, unless expressly provided for by the Lease or by court order; or (f) liable for any security deposit held by any prior Landlord, unless, actually received by Master Landlord. 5. The Master Lease, shall not cover or encumber and shall not be construed as subjecting in lany manner to the lien thereof any of Tenant's iinprovements or trade fixtures, furniture, re, equipment or other j personal property at any time placed or installed in the Premises. 1 s i I 6. ` In the event the Premises or any part thereof shall be taken for public, purposes by condemnation or transfer in lieu thereof or the same are damaged or destroyed, the rights of the parties to any condenmation' award or insurance proceeds shall be determined and controlled by the applicable provisions of the Master Lease Master Landlord's current notice address is as follows: Master Landlord: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 With Copy to: City Attorney for the City of South Miami Nagin Gallop Figueredo 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 7. This Joinder of Master Landlord shall be binding upon and inure to the benefit of the successors and assigns of Master Landlord and Tenant. Consented and Agreed to: Master Landlord: City of South Miami, A municipality of Miami -Dade Comity, Florida By: Name: Title: Date: I i J i s yours CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM _ Epaz 10: Mayor Horace F'eliu and Date: April 7, 2006 City Commission From: Luis R. Figueredo Office City Attorney Re: South Miami Parking Garage, Nagin Gallop Figueredo, P.A. Sub -lease of Retail Space The City of South Miami and Mark Richman Properties (MRP) are parties to a Lease Agreement dated March 11, 2005 for the South Miami Parking Garage. Under the Tease agreement MRP is required to construct and manage the parking garage and retail space at the site. A critical component of effectively managing the retail space is MRP's" right to enter into sub -lease agreements with retail. tenants. Specifically, paragraph 22.1.3 of the Lease Agreement provides that MRP ° shall have the right to sub -lease any portion of the retail space tenancy. In order to accommodate MRP's efforts to sub -lease of the retail space the City would have to sign off on the sub tenants' lease agreements (sub - leases). MRP has two possible anchor sub - tenants, for the retail space within the parking garage, they are: Carrabba's /Tropical Coast, L.P., and Outback/South Florida -II, L.P. The Attached Sub -Lease Agreements between MRP and Carrabba's /Tropical Coast, L.P., and Outback/South Florida -11, L.P., require that the City execute joinder Agreements. The purpose of a Joinder Agreement is to provide a sub - tenant with the assurance that the City of South Miami, as the ultimate landlord, recognizes the sub- tenants' sub -lease agreement. Moreover, it confirms that in the event the Master Lease between the City and MRP is terminated, for example, as a result of a default by MPR under' the Master Lease, the sub- tenants shall be entitled to maintain their rights to operate their 'leased premises under the terms of the attached sub - leases. In short, in the event of the termination of the master lease, the City would become the landlord, and would be bound to the terms and conditions of the attached sub- lease agreements. The sub- tenants would then issue payment to the City. The Joinder Agreements provide the sub- tenant with written assurance that as lon g Y P as the comp 1 y with the terms and conditions of their sub -lease agreements, they shall have the right to peacefully and quietly enjoy and operate their restaurant establishments for the duration of their sublease agreements. �`'m 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI,' FLORIDA, RELATING TO 6 CONTRACT; AUTHORIZING THE CITY MANAGER TO 7 EXECUTE A JOINDER OF MASTER LANDLORD 8 AGREEMENT FOR SUBLEASE BY MARK RICHMOND 9 PROPERTIES, INC. (MRP), WITH CARRABBA'S /TROPICAL 10 COAST, L.P.; PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami 14 and Mark Richman Properties (MRP) are parties to a Lease Agreement ` dated 15 March 11, 2005: 16 17 WHEREAS, under the lease agreement between the City and MRP,'; MRP 18 shall ` construct and manage the "parking garage and retail space. A critical 19 component of effectively managing the retail space is MRP's right to enter' into a 20 Sub -Lease Agreement with a retail tenant; and,` 21 22 WHEREAS, MRP has a prospective tenant willing to execute a Sub -Lease 23 Agreement with MRP for the retail space; and 24 25 WHEREAS, as part of the Sub- Lease Agreements with the tenant, the 26 Master- Landlord (the City) needs to sign off on the Sub- Lease Agreement and 27 Joinder Agreement; and ' 28 29 WHEREAS, the attached Sub -Lease Agreement between MRP and 30 Carrabba's /Tropical Coast, L.P., provides for the City to execute a Joinder 31 Agreement- ,'and 32 33 WHEREAS, the Joinder Agreement provides the Sub- Tenant with written 34 assurance that as long as Sub- Tenant complies with the terms and conditions of 35 the Sub -Lease Agreement, they individually have the right to peacefully and 36 quietly enjoy and operate its establishment in the retail space located within the 37 parking garage, despite any termination by the City` of the underlying main lease 38 with MRP due to any noncompliance by MRP and 39 40 WHEREAS, in effect, the Joinder Agreement, would substitute the City as 41 Landlord to the prospective tenant should MRP default; and 42 Additions shown by underlining and deletions shown by evef I WHEREAS, the Mayor and City Commission desire to execute the 2 attached Sub -Lease and Joinder Agreement. 3 4 NOW THEREFORE BE IT RESOLVED. BY THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 6 7 Section 1. , The above whereas clauses are incorporated by reference. 8 9 Section 2. The city commission authorizes the acting City Manager to 10 execute the attached Joinder of Master Landlord Agreement and Sub -Lease with 11 Carrabbas's /Tropical Coast, L.P., marked as composite Exhibit "1 ". 12 13 Section 3. This resolution shall take effect immediately upon approval. 14 15 PASSED AND ADOPTED this day of April, 2006. 16 17 ATTEST: APPROVED 18 19 20 CITY CLERK MAYOR 21 22 23 COMMISSION VOTE: 24 READ AND APPROVED AS TO FORM: Mayor Feliu: 25 Vice Mayor Wiscombe: 26 Commissioner Birts: a 27 OFFICE OF CITY ATTORNEY, Commissioner Palmer: 28 NAGIN, GALLOP & FIGUEREDO, P.A. Commissioner Beckman: 29 ` Page 2 of 2 Sublease Between Mark Ricbman Properties, Inc. ( "Landlord ") And Camabba's /Tropical Coast, Limited Partnership ( "Tenant ") ft a s � i SUBLEASE THIS LEASE is entered into by and between Mark Riclunan Properties, Inc., a Florida corporation, ( "Landlord ") and Carrabba's /Tropical Coast, Limited Partnership, a Florida limited partnership, ( "Tenant ") and is effective on the date executed (including the initialing of all changes made' after the first party's execution) by the last of Landlord and Tenant (the "Effective Date"). WHEREAS, Landlord and City of South Miami ( "Master Landlord ") are parties to that certain lease agreement dated March 11, 2005, (the "Master Lease "), pursuant to which Landlord is to construct that certain development known as the 73"' Street Shops, located at the Southwest corner of Southwest 73 "' Street and Southwest 58`" Avenue, South Miami, Fl 33143 (a legal description of which is attached hereto as Exhibit "A -1 ") ( "Development "); and WHEREAS, Master Landlord desires to join in this Sublease and agrees with and for the benefit of Tenant as set forth in the "Joinder of Master Landlord" attached hereto; and WHEREAS, Landlord and Tenant desire to enter into this Sublease for that certain premises containing approximately 6,520 square feet and located in the Development. NOW, THEREFORE, in consideration of good acid valuable consideration, the receipt and sufficiency of-which is hereby aclaiowledged, the parties agree' as follows: .- ARTICLE I - GRANT AND TERM 1.1 GRANT. In consideration of the rents, covenants, and agreements herein set forth, Landlord leieby leases to Tenant and Tenant hereby rents from Landlord that certain premises containing approximately 6 2�" square feet, and located in the Development, as further designated on the Development site plan attached beret , Exhibit "A" ( the "Site Plan ") together with all easements, rights and privileges appurtenant thereto (the "Premises"). " The actual, square footage of the Premises shall be calculated upon completion of Tenant's Work, hereinafter defined, and confirmed by Landlord's architect. The measurement of the Premises shall only include the actual area within the walls of the Premises, measured to the centerline of any walls shared by the Premises with another premises in the Shopping Center and to the exterior face of any exterior walls. Such agreed upon measurement shall be used for the calculation of Base Rent and Tenant's pro -rata share of Operating Expenses, Insurance, and Real Estate Taxes due tinder this Lease. 1.2 QUIET ENJOYMENT. Subject to the terms, covenants and conditions of this Sublease, Landlord warrants and covenants that Tenant shall peacefully and quietly have, hold and enjoy the Premises for the entire Terns of this Sublease. 1.3 TERi1'I. The original term of this Sublease shall consist of a " Preliminary Tenn" and an "Initial Term ". The phrase "Term" shall mean, collectively, the Preliminary Tenn, the Initial Tenn, and any Renewal Term for which an option has been exercised by Tenant. A. Preliminary Term. The Prelirninary Tenn shall comnmence on the Effective Date and shall end on the commencement of the Initial Terri. B. Tender Commencement and Initial Term. Landlord shall use diligent good faith efforts to tender possession of the Premises; with the Landlord's Work as set forth in Section 5.1 completed, on or before March 31, 2007 (the "Anticipated Tender Date"). The date that possession of the Premises is actually tendered to Tenant, with the Landlord's Work as set forth in Section 5.1 completed, is referred to in this Sublease as the "Tender Date In the event that the Tender Date does not occur on or before September 30, 2007 (the "Outside Tender Date "), Tenant, in addition to any remedy it may have at law or in equity, shall , have the right, upon written notice to Landlord given at any time prior to the actual Tender Date, to terminate this Sublease. The Initial Tenn of this Sublease shall continence on the earlier of (a) one hundred twenty (120) days after the later of (i) the Tender Date with Landlord's Work completed and (ii) the expiration (or Tenant's earlier waiver) of all the contingencies set forth in Sections 1.5 A, B, C and D hereunder Rx 2 (collectively, "Tenant Contingencies ") or (b) the date Tenant first opens for business to the general public (the "Commencement Date "), and shall end at the expiration of the tenth (10`x') Sublease Year (the "Initial Tern "), subject to Tenant's options to renew as set forth herein. The parties agree to execute the Term Commencement and Expiration Agreement in the form of Exhibit "F" attached hereto within thirty (30) days after the Conunencement Date. C. Renewal Options. Tenant shall have the option to renew this Sublease for four (4) consecutive renewal tetans (each a "Renewal Tern ") of five (5) years each, conunencing on the first day following the expiration of the Initial Term or the then current Renewal Term, subject to the terms and conditions set forth herein. If Tenant is not in default beyond the expiration of any applicable cure period of a monetary covenant or a material non monetary covenant under this Sublease, Tenant may renew this Sublease as provided above upon giving Landlord written inotice of such renewal not less than one hundred eighty (180) days prior to the expiration of the then current Term. _It is the intention of the parties to avoid forfeiture of Tenant's right to extend the Term of this Sublease under any of the options set forth in this Section through inadvertent failure to give notice of exercise thereof within the time limits prescribed. Accordingly, if Tenant should fail to give notice to Landlord of Tenant's election to extend the Term of this Sublease for any of the aforesaid Renewal Terms, Tenant shall not be deemed to forfeit its right to renew until such time as Landlord gives ten (10) days written notice to Tenant that Tenant's notice to exercise a Renewal Term is due, and only upon Tenant's failure to exercise such Renewal Term within the additional 10- daynotice period shall Tenant's option to renew terminate. D. Sublease Year. For purposes of this Sublease, a "Sublease Year" shall be defined as that twelve (12) calendar month period during the Initial Term or any Renewal Term connnencing on the Commencement Date or the annual anniversary thereof, as may be applicable; provided, however, that if the Commencement Date is a day other than the first day of a calendar month, then the fist Sublease Year shall include that period of time from the ConuneucementDate tip to the first day of the next calendar month and the following twelve (12) calendar months, and any subsequent Sublease Year shall be the twelve (12) month period beginning on the first day of such month. 1.4 COMMON AREAS: A. Easements.- Tenant and its customers, employees and invitees are hereby granted during the term of this Sublease the non-exclusive right and easement, in connnon with Landlord and other tenants of the Development, as it exists from time to time, to use, without charge (except as may be specifically set forth in this Sublease), all exterior walkways, driveways and access areas (including curb cuts), sidewalks, service areas and rear doors for deliveries, and other areas in the Development (except for the conunercial parking garage area) designated by Landlord or otherwise available for the conunon use of the tenants of the Development (the "Conunon Areas ") for the normal or intended purposes of such areas. Landlord further grants to Tenant during the term of this Sublease a non- exclusive right and easement over that portion of the Development as maybe required by Tenant to access or install utility limes or connections for Tenant's use, or to improve, renovate and maintain the Premises; provided Tenant requests Landlord's prior approval for such access, installation or connection and Landlord's approval shall not be unreasonably withheld. B -1. Protected Area. The layout and condition of the Development as shown on the Site Plan is a material consideration for Tenant entering into this Sublease. Unless approved' in writing by Tenant, no change, alteration or addition shall be made to the Development in any material respect, including but not limited to, the configuration of the Coitnmon Areas, methods of ingress and egress, lighting, curbing or parking areas. All parking will be either metered or available to Tenant's customers for a flat daily fee, at Landlord's discretion. Tenant may withhold such approval in its sole' reasonable discretion if Tenant believes such change, alteration or addition would adversely affect (i) its business being conducted in the Premises, (ii) the access to, or parking for the Premises, or (iii) Tenant's use and enjoyment of the Premises. Landlord shall not designate or reserve (or permit any tenant or other occupant of the Development to designate or reserve) any portion of the parking area in the Development for the exclusive use of any tenants of the Development or any other person except that (i ) Landlord shall designate th & parking spaces, located on S.W. 73`d Street, for Tenant's "take out" parking, and (ii) Landlord shall be peimittecf to sell parking "Decals" which will entitle the holder to park in the garage without paying the meter- or flat -rate fees. The holder of the Decal may be restricted to a specific floor or parking space. "Take Out" parking, as currently operated by Tenant,' utilizes a separate entrance and provides for customers to place orders either by phone or fax (and potentially the internet) and to pull into one of the designated spaces to receive their order, and then the bill is settled and the food delivered to the patron without the patron leaving their vehicle. B -2. Parldn2 Area. Landlord and Tenant acknowledge that Landlord shall have available 125 parking spaces in the five (5) parking levels of the Development (the "Parking Area "). Tenant's customers may, at the customer's option, utilize Landlord's valet parking service (which valet parking rates shall be set at a competitive rate with other local valet services) or self -park within the development's parking garage at the then current daily rate as set by the Master Landlord, however employees, customers, licensees, invitees, successors and assigns, and other persons having business with Tenant shall not be required to use to Parking Area. Landlord agrees that the Parking Area is a material consideration for Tenant entering into this Sublease. C. Restrictive Covenants. In recognition (i) that the availability of adequate parking is critical to the success of Tenant's business, and that certain uses create extraordinary demands for the parking capacity at the Development, and (ii) of Landlord's and Tenant's agreement that certain uses are inconsistent with the desired class and character of the Development, and (iii) of Landlord's agreement to provide to Tenant an exclusive for Tenant's use as provided for in Section 1.4CO) hereinbelow, Landlord covenants and agrees that it will not operate or permit any other tenant or occupant to operate: (a) a bar or tavern, which is defined as an establishment that receives more than thirty-five percent (35%) of its food and beverage revenue from the sale of alcoholic beverages in any portion of the Development. (b) a movie theater, auditorium or other place of public assembly, school or other place of instruction, bowling alley, skating rink, book store in excess of 10,000 square feet, or grocery store in the Development. (e) a pool hall, children's entertaimnelt complex or facility, game room or arcade, health club, gynn, martial arts, yoga, aerobics or fit Tess studio in any portion of the Development, except that Landlord shall have the option of allowing one (1) fitness and weight loss studio of Lip to 2,000 square feet, which offers only "one on one" personal consultation. (d) an adult entertainment facility, including, but not Iimited to, an adult bookstore, adult video store, nude or semi -nude entertaiuunent facility, massage parlor, strip show, lingerie exhibition or shop, establishment for the sale, rental, display, viewing or exhibition of pornographic or "adult only" materials (including, without limitation, magazines, books, movies, videos and photographs), or any establishment for the sale of items or paraphernalia that are intended to be or connixonly are utilized in connection with the use of illegal drugs in any portion of the Development; provided that this paragraph shall not prohibit (i) the sale or rental of "adult" videos or books in connection with a frill line video or book store, (ii) the operation of a business providing bonafide massage therapy, or (iii) an upscale lingerie shop similar in use and concept to "Victoria's Secret ". (e) a telemarketing or si nilar operation, off -track betting, gaming or bingo establishment in any portion of the Development. (f) a flea market, any use which is a public or private nuisance, any use which produces noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; any use which produces obnoxious odors (excluding restaurant odors); any use which produces an excessive quantity of dust, dirt, or fly ash; any use which produces fire, explosion or other damaging or dangerous Hazard, including the storage, display or sale of explosives or fireworks; any use which produces noxious, toxic, caustic or corrosive fuel or gas; any industrial, distillation, refining, smelting, recycling, agriculture, manufacturing, assembling, drilling, miming or subsurface operations in any portion of the Development, except that Tenant acknowledge Landlord may operate or permit the operation of a flea market or automobile auction on the top floor of the Developments parking garage on Saturdays and Sundays between the hours of 8:00 AM and 4:00 PM, provided that such use does not interfere with Tenant's business operations. (g) any mobile Bonne or trailer court, junk yard, stock yard or animal raising operation in any portion of the Development; provided that this paragraph shall not prohibit pet shops or veterinarian offices. b 4 (h) any dumping ;of garbage, junk, recyclable materials or refuse, other than that Produced in connection with the Development and disposed of in enclosed receptacles intended for suchpurpose in anyportionof the Development, W any cemetery, crematorium, mausoleum, mortuary, funeral parlor or similar service establishment in any portion of the Development. 0) any "Italian restaurants in any portion of the Shopping Center, or in any outparcel of the Shopping Center. An "Italian" restaurant shall inean any restaurant (i) with the word "Italian ", or any variation thereof, or any other words that give a connotation of an Italian theme or atmnosphere in its name, or (ii) where Italian food is specified in its advertising or marketing efforts, or (iii) where the sale of Italian food collectively constitute twenty percent (20 %) or more of its entree items or twenty percent (20 %) or more of its entree sales computed on a dollar basis. In the event Tenant is operating a restaurant other than an Italian restaurant, in lieu of an Italian exclusive, Landlord agrees that it shall not operate or permit the operation of any restaurant format which duplicates the prnnary featured food concept of the restaurant then being operated on the Premises. Landlord agrees and represents to Tenant that all tenants and occupants of the Development shall be bound by the terms of this Section except that notwithstanding the above, the restrictive covenants contained in this subsection C shall not apply to any prohibited use in operation in the Development as of the Effective Date of this Sublease ( "Existing Prohibited Uses ") pursuant to an existing written lease. All the Existing Prohibited Uses and their locations in the Developinient are shown on Exhibit "A -2 ". This exception shall, however, only apply during the term of such existing written lease, including renewals provided for therein and shall not apply to any modifications of such leases executed after the Effective Date. D. Interference With Operation. If (a) there is `a violation of the terms of Section 1.4 C, or (b) Tenant's normal business operations are adversely interfered with, in any material respect, as -a result of (i) any obstruction caused by Landlord, its contractors, agents, employees, or other occupants of the Development, or which is Landlord's obligation to cure under this Sublease preventing Tenant's customers convenient access to the Premises, (ii) any change, alteration or addition to the Common Areas in violation of Section 1.4 B, in any material respect, or (iii) any interruption in any utility service to the Premises caused by Landlord, its contractors, agents, or employees or other occupants of the Development or which is Landlord's obligation to cure under this Sublease, or (c) Landlord otherwise interferes, in any material respect, with Tenant's use of the Premises or Comnnon Areas` in any way not expressly permitted by this Sublease, Landlord agrees to take any and all commercially reasonable action to cure the violation or interference as soon as reasonably possible, including the taking of any and all interim measures as may be available to mitigate any adverse impact on Tenant's business In the event Landlord fails to comply with the obligation imposed by the preceding sentence, Tenant may, without waiving its right to pursue any other remedy available to Tenant under this Sublease or applicable law, itself take such action as is necessary to cure the violation or interference (including interim mitigation of any adverse impact) and offset any reasonable costs and expenses incurred in connection therewith against the Rent next coining rune under this Sublease. If any violation or interference continues for more than twenty four (24) hours after written notice to Landlord of the violation or interference, Tenant shall be entitled to abate (iii accordance with Section 9.5) Base Rent payable hereunder (or such higher amount as is needed for Tennant to fiully recover the amount due over the then remaining Terri) during the period of such violation or interference. In the event of any interference referenced in this paragraph which is caused by other occupants of the Development, and Landlord is taking any and all commercially reasonable action to cause such occupants to immediately elinninate such interference, including the taking of any and all interiun measures as may available to mitigate any adverse impact on Tenant's business, Tenant shall not be entitled to abate Rent under this Section 1.513. i E. Certain Remedies. Landlord acknowledges that the provisions of this Section 1.4 are a material part of this Sublease and that the foregoing abatement of Rent and other remedies available to Tenant at law will be insufficient to protect Tenant's rights set out in this Section 1.4. Landlord therefore agrees that Tenant shall be entitled to equitable relief, including, but not lirnited to, specific performance and injunctive relief, to enforce Tenant's rights and I Landlord's obligations under this Section 1.4. The rights and remedies of Tenant set foith in this Section 1.4 are not exclusive and are ni addition to any remedy Tenant may have at law or in equity (including the right to injunctive relief) all of which shall be cumulative and concurrent. Any delay in the enforcement ofits rights undertlus Section, for whatever reason, I 5 shall not be deemed a waiver of, or otherwise prevent Tenant from exercisuig Tenant's rights and remedies under this Section at any while the violation is continuing, runless such right is specifically waived by Tenant in writing. 1.5 CONTINGENCIES. A. Inspection "Intentionally Deleted B. Permits and Approvals. Tenant shall use due diligence and cortnmerciallyreasonable efforts (consistent with Tenant's normal business practices) to obtain, at its sole cost and expense, on terms, requirements'and conditions satisfactory to Tenant, in its sole and absolute discretion, all building permits, and any other approvals, licenses or perluts (including, without limitation an alcoholic beverage license to sell beer, wine and liquor subject only to restrictions approved by Tenant, and all permits required for installation and operation of its signs) as maybe required from all goverimieat authorities, utility companies or other entities for the construction of Tenant's improvements and operation of the Premises for use as a Bill service restaurant with a bar. area (tile "Intended Use ") (collectively, the "Peiniits and Approvals "). In the event that Tenant, in its sole and absolute discretion, is unable to obtain the Permts and Approvals on terms, requirements and conditions satisfactory to Tenant within two hundred ten (2 10) days from the later of Tenant's approval of the Shell Plans as defined in Section 5. IA of this Sublease or the Effective Date (the "Permit Period "), then in either event Tenant shall have the right to terminate this Sublease by giving writtennotice of termination to Landlord on or before the fifth (5"') business day following the end of the Permit Period whereupon ties Sublease shall be of no'further force or effect, Tenant shall be released from all obligations hereunder, and Tenant shall be irnnmediately refunded all previously paid deposits, if any. Landlord agrees to use its best reasonable efforts to assist Tenant in obtaining the Pernnits and Approvals. C. Cost Contingency. Landlord acknowledges that this Lease has been approved by Tenant based upon a total Project Cost not to exceed $800,000.00 (the "Project Cost Cap"). The term "Project Cost" includes all costs applicable to the Premises, as determined (or estimated) and allocated by Tenant in accordance with its normal business practices, and includes, but is not linnited to, (i) the costs of envi•ornmental reports, surveys, studies and other investigative and due diligence costs, (ti) fees and other costs of architects, engineers, attorneys, surveyors, permit facilitators and other professionals and consultants, (iii) all utility, reservation, impact, connection, and other fees and charges payable by 'T'enant, (iv) all costs and expenses incurred for or in 'connection with the construction of Tenant's Building and other improvements (whether on or off the Premises), and (v) all costs and expenses incurred for or in connection with the equipping and interior build -out and fixturing of Tenant's Building (except as provided for below). The Project Cost does not, however, include (x) any allocation to the Premises of time spent by direct employees of Tenant or its affiliated companies, or (y) the cost of Tenant's tables, chairs, booths, bars and other fin-niture, branded trade fixtures and signage, or stoves, exhaust hoods and other restaurant equipment to be installed by Tenant, or (z) the cost of plates, table cloths, silverware, pots, pans and other cooking utensils or similar personal property utilized in connection With the operation of Tenant's restaurant. In the event that Tenant determines (I) that the Project Costs exceed the Project Cast Cap (such excess being referred to herein as the "Cost Excess ") and (II) the Cost Excess is, ii whole or in part, the result of (a) changes made to the plans and specifications'' for Tenant's Work as a result of requirements of applicable governmental authorities, (b) terms, conditions or requirements unposed' by applicable goverrunlental authorities in connection with the approval of Tenant's plans and specifications or the issuance of Tenant's permits and approvals for Tenant's Work, (c) unanticipated soil, subsurface or other site conditions, (d) unanticipated costs in connection with the provision of utilities to the Premises, (e) an unanticipated increase in the cost of labor, as a result of the need to utilize union labor to a degree greater than was initially anticipated by Tenant, or (f) an unanticipated increase in the cost of materials, as a result of an unanticipated increase in conuinodity (for example lumber or steel) prices, or (g) any other event or change in circumstances that results in an unanticipated' increase in the Project Cost, their, and in that event, , Tenant play, by written notice to Landlord (the "Cost Termination Notice "), given within two hundred ten (210) days from the rater o f Tenant's approval of the Shell Plans as defined in Section 5.1A of this Sublease or the Effective Date, terminate this Lease and any further obligations under this Lease. Landlord shall have the right to render Tenant's Cost Termnination Notice void, by written notice to Tenant (the "Reinstatement Notice "), given with ten (10) days of Landlord's receipt of the Cost Termination Notice, and agreeing, in the Reinstatement Notice, to pay the Cost Excess. If Landlord gives the Reinstatement Notice, the Cost Termination Notice shall be deemed revoked, this Lease shall be deemed reinstated, and Landlord shall pay to Tenant the Cost Excess within ten (10)! days following the Commiencennent Date, failing which Tenant may offset the Cost Excess against the Rent due under this Lease. E D. Title and Survey Review. -_ Tenant's satisfactory review of the status of the title of the Premises and Development and a survey of the Development, is a condition precedent to this Sublease. Landlord agrees to provide Tenant with a copy of its most recent report on title, together with copies of all exceptions to title referenced therein within Five (5) days of the Effective Date, Within thirty (30) days from the Effective Date, Tenant, at its cost and expense, may order a leasehold title insurance commihnent issued by a company acceptable to Tenant, conunitting to insure Tenant's leasehold interest (including any easement rights) in the Promises and easement rights in the Development and showing Landlord having a.leasehold interest in the Premises and Development. Iii the event that Tenant shall discover any title matter that could prohibit or restrict its use of the Premises for the Intended Use or otherwise materially or adversely affect Tenant's rights under. this Sublease, Tenant or its attorneys shall so notify Landlord and Landlord shall have a period of sixty (60) days ( "Cure Period ") after notification of any of j ection to title to cure such objection and shall use its best reasonable efforts to cure such objection. If Landlord is unable to cure such objection, Landlord shall notify Tenant within the Cure Period and Tenant shall have the option of terminating this Sublease, and upon such ternninnation, this Sublease shall be of no further force or effect, Tenant shall be released from all obligations hereunder, and Tenant shall be `immediately refunded all previously paid deposits, if any. In the event Tenant obtains a title policy, Landlord agrees to provide the title company and Tenant such affidavits and information as may be reasonably required by the title company in order to meet the requirements for issuance of the policy and to delete the standard exceptions. E. Current Mortgage. Landlord agrees to obtain a Subordination, Non- Disturbance, and Attonnnent Agreement ( "SNDA ") in a form approved by Tenant (which shall be based upon Tenant's form of SNDA) from the holder of any existing mortgage or deed of trust encumbering the Development, if any, and deliver the same to Tenant within thirty (30) days from the Effective Date. In the event Tenant has not received an executed SNDA within thirty (30) days from the Effective Date, then Tenant shall have the right to terminate this Sublease by written notice to Landlord at any time prior to Tenant's receipt of the SNDA, whereupon this Sublease shall be of no farther force or effect, Tenant shall be released from all obligations hereunder (except for the indemnity contained hereimabove), and Tenant shall be inunediately refunded all previously paid deposits, if airy, F. Consent of Master Landlord. It is a condition of this Sublease that Landlord cause to be fully and duly executed the "Joinder of Master Landlord" attached hereto and shall deliver the same to Tenant within thirty (30) days from the Effective Date.' In the event Tenant has not received an executed Joinder of Master Landlord within thirty (30) days from the Effective Date, then Tenant shall have the right to terniuiate this Sublease by written notice to Landlord at any time prior to Tenant's receipt of the Joinder of Master Landlord, whereupon this Sublease shall be of no further force or effect, Tenant shall be released from all obligations hereunder (except for the indenunity contained hereinabove), and Tenant shall be immediately refunded all previously paid deposits, if any. For purposes of establishing the Effective Date of this Sublease, Landlord's execution of this Sublease will not be deemed to have occurred until the Joinder . has been executed by the Master Landlord. Landlord agrees to keep, observe, and perform all the terms, covenants, conditions, and agreements of the Master Lease. Landlord agrees to indemnify and hold harmless Tenant from and against any loss, cost, damage or expense that Tenant may sustain, as a result of Landlord's failure to keep, observe, and perform all terms, covenants, conditions and agreements of the 'Master - Lease. Landlord agrees that the Master Lease shall not be modified 0: r amended in any manner that would adversely affect the rights of Tenant under this Sublease in any material respect. 1.6 SURRENDER OF PREMISES. Within tl-drty (30) days after the expiration of the Term of this Sublease, including any holdover period consented to by Landlord, Tenant shall surrender the Premises in a broom clean condition, excepting only reasonable wear and tear, unless this Sublease is terminated as a result of casualty or condemnation, subject to alterations, additions and improvements made pursuant to the terms of this Sublease, items which are the responsibility of Landlord or which result from Landlord's failure to comply with its obligations hereunder, and Tenant shall surrender all keys for the Premises to Landlord. 1.7 HOLDING OVER. This Sublease and the tenancy created by this Sublease shall cease and terminate at the end of the Initial Terms hereof, unless extended as provided herein, without the necessity of notice, and Tenant hereby waives notice and agrees that Landlord' shall be entitled to surnniary recovery of the Premises. i Any ]holding over after the expiration of the Term hereof, without the consent of Landlord, shall be conshued to create a tenancy at will, tinder all the terms, covenants and conditions of this Sublease, except Landlord shall be entitled to collect rental in the amount of one Hundred fifty percent (150 %) of Base Rent, together with Additional Rent and j..._.. 1 1 Percentage Rent due hereunder. Any holding over after the Term hereof with the consent of Landlord, shall be construed to create tenancy from month to month at the Base Rent and Additional Rent in effect for the last month of the Term and under all the other terms, covenants and conditions of this Sublease. ARTICLE II —RENT 2.1 BASE RENT. Tenant agrees to pay to Landlord in equal monthly iustalbrients, the annual Base Rent as set forth in the Base Rent schedule attached hereto as Exhibit "B ". Base Rent shall be due and payable each month, in advance, on the first day of each calendar month without' demand, setoff, or deduction, except as otherwise set forth herein, to Landlord at the address set forth herein, or as otherwise designated by subsequent written notice. 2.2 ADDITIONAL RENT. Tenant shall pay as "Additional Rent" Tenant's pro -rata share of all Real Estate Taxes and Operating Expenses (as such terms are defined below). The term "Additional Rent" shall also include all other sums and charges required to be paid by Tenant pursuant to the terms of this Sublease. A. Real Estate Taxes. The tern "Real Estate Taxes" as used herein means all weal property taxes and assessments that. are levied or assessed against the Development by any lawful governmental authority for each calendar year or portion thereof conunemcing on the Connnencement Date; however,`(i) Landlord shall elect the longest installment payment plan available from the taxing authority for non- recurring taxes and assessments and only those installments coming due during the Initial Term or any Renewal Term of this Sublease shall be included in Real Estate Taxes, and (ii) Real Estate Taxes shall be determined using the amount of Real Estate Taxes which would have been payable by Landlord had Landlord taken advantage of the maximum available discount for early payment of Real Estate Taxes. Real Estate Taxes are to be prorated for any partial Sublease Year. Landlord agrees to use its reasonable efforts to nnniimize Real Estate Taxes on the Development. "Reasonable efforts" shall include the obligation to seek areduction in Real Estate Taxes from the taxing authority if the value of the Development assessed by the taxing authority would be considered excessive as compared to similar property in the county where the Development is located. In addition, Real Estate Taxes shall not include penalties or interest or other charges for late payments of Real Estate Taxes, any income, excess profits, estate, single business, inheritance, succession, transfer, franchise, corporate, capital or other tax or assessment levied or assessed against Landlord or the Rent payable under this Sublease (except as provided for ni Section 24 of this Lease) or any connection, capacity, impact or other similar fees, assessments or charges inciured in connection with the initial construction or any subsequent improvements or renovation of or to the Development. B. Taxes on Tenant's Personal Property. Tenant shall be responsible for and shall pay before delinquency all rntnnicipal, county, state and federal taxes assessed during the Term of this Sublease against personal property of any kind owned by or placed in, upon or about the Premises by the Tenant. C. Operating Expenses. The term "Operating Expenses as used herein means (i) the actual ordinary and reasonable costs and expenses incurred by or on behalf of Landlord for each calendar year that occurs wholly or partially during the Initial Term or any Renewal Term (regardless of when the sane are actually paid) in connection with the operation and maintenance of the structural portions of the Development buildings, the Common Areas, including all removal of trash, lighting the Connnnon Areas until at least 1:00 a.m., electricity and water furnished to the Conunon Areas; routine repairs, cleaning and maintenance of the structural portions of the Development buildings and the Conunon Areas performed by or on behalf of Landlord; landscaping care; "Trash Expense as set forth below; Common Area security; reasonable costs associated with Landlord's on -site employees (excluding administration and management personnel) responsible for the operation and maintenance of the structural portions of the Development buildings and the Conunon Areas; and tangible personal property taxes and assessments levied or assessed against any equipment or personal property of Landlord used in connection with the operation or maintenance of the structural portions of the Development buildings and the Coimnnon Areas; (ii) premiums for public liability, fire and casualty, and flood and'windstorm insurance maintained by or on behalf of Landlord as required to be carried by Landlord pursuant to the terms of this Sublease and (iii) a management fee to cover Landlord's adnninistrative and management cost of ten percent (10 %) of Operating Expenses (excluding insurance and Real Estate Taxes). Notwithstanding anything to the ? associated with advertising of the contrary contained herein, Operating Expenses excludes, without Irritator: any costs s g Development or its tenants, (including membership in a Merchant's Association, if any), any costs associated with the Parking Area, any capital expenditures (defined as those expenditures which, in accordance with generally accepted accounting principles, are not fiilly chargeable as a current expense in the year the expenditure is incurred), rentals and f 1 t� 8 r other costs in leasing equipment ordinarily considered to be of a capital nature, costs of utilities for other tenants in the Development, amounts paid to affiliates of Landlord for services to the Development or for supplies or other materials to the extent in excess of the competitive costs of such services, supplies or materials, principal or interest payments on loans secured by mortgages on the Development, or any part thereof, depreciation or amortization of any improvements,' the cost of any special service provided to a tenant or paid to a tenant of the Development that is not provided generally to all tenants of the Development, costs and expenses incurred in connection with leasing space in the Development (including, without limitation, leasing coirunissions, advertising and promotional expenses, legal fees for preparation of leases, rents payable with respect to any leasing office, court costs and legal fees incurred to enforce the obligations of tenants tinder leases of the Development), costs of repairs or other work needed because of fire, windstorm, or other casualty or as a result of any condemnation or other taking, costs recoverable by Landlord pursuant to its insurance policies or which would have been recoverable had Landlord carried the iisurance required to be carried hereunder, costs resulting from defects in design, construction or workmanship of the Development, costs due to Landlord's default under this Sublease or any other lease or agreement, costs due to the negligence of Landlord, its employees, agents, contractors and assigns, other expenses that under generally accepted accounting principles would not be considered nornnal maintenance or operation expenses of the Conunon Areas, and any other cost that is not borne pro rata by all tenants in the Development. Landlord agrees to use its best reasonable efforts to mininvze the Operating Expenses while maintaining the Development in a manner sinular to other first class, high quality, developments located in the same county as the Development. Tenant shall pay its pro rata share of all costs associated with disposal of its garbage, including but not limited to, costs of pick, tip, containers and deposits (the "Trash Expense). D. Pro -rata Share. Tenant's pro rata share of Real Estate Taxes and Operating Expenses (excluding the Trash Expense) is twenty -three and three tenths percent (23.3 %), based upon the rentable square footage of the Premises (5,662 square feet) compared to the total rentable square footage of the Development (24,292 square feet), but in no event shall the rentable square footage be less than 23,500 square feet. Landlord represents and warrants that the square footage figures set out above were made by Landlord in good faith and are, to the best of Landlord's knowledge and belief, accurate and reflect the actual square footage within the Premises and Development. hi the event of any increase in the rentable square footage' of the Development, Tenant's pro rata share shall be adjusted proportionately. NoNvithstanding any decrease in the rentable square footage in the Development, Landlord shall notbe entitled to increase Tenant's pro rata share. Tenant's Trash Expense is derived from the following formula: The Adjusted Food Service Pro Rata Share (the "AFPRS ") is eighty -nine and thirteen hundredtls percent (89.13%), based on the rentable square footage of the food service restaurants in the Development (tine "Food Service Tenants ") (16,794 square feet) compared 'to the total square footage of the Development (24,292) phis twenty percent (20 %) (the "Food Service Factor ")(provided' the Development maintains three (3) food service facilities in tenancy). The Adjusted Food Service Trash Expense (the "ATEF ") is based on multiplying the Developments total trash expense by the AFPRS. Tenant's Trash Expense is thirty eight and eighty -two hundredths percent (33.71 %) of the ATEF, based on the rentable square footage of the Prenuses (5,662 square feet) compared to the rentable square footage of the food service restaurants in the Development (the "Food Service Tenants ") (16,794 square feet)'. In the event one or more of the existing Food Service Tenants cease to operate withux the Development for more than 30 days, Tenant and Landlord agree to adjust the Trash Expense accordingly to insure Tenant's then current Trash Expense does not increase by more than 5% from such cause. E. Monthly Instalhmnts. Tenant shall ,pay in equal monthly installments 1/12th of the estimated amount of its pro rata share of Real Estate Taxes and Operating Expenses for each calendar year. Tenant's initial monthly estimated pro rata share of Real Estate Taxes is $3;486.85. Tenant's initial monthly estimated pro rata share of Operating Expenses is $1,736.35. Landlord may adjust Tenant's estimated pro rata share of Operating Expenses annually. 1 F. Annual Settlement. Within zunety (90) days of the end of each calendar year ( "Accounting Year "), Landlord shall deliver to Tenant an itemized breakdown certified as true and correct by an officer of Landlord showing the actual costs for Real Estate Taxes and Operating Expenses, together with copies of all bills for Real Estate Taxes, and a "cost breakdown" of Operating Expenses (broken dow iby major categories as described in subsection C. of this Section 2.2). ;If Tenant's pro rata share of the actual costs for Real Estate Taxes and /or Operating Expenses exceeds the amount paid by Tenant in any Accounting Year, then within thirty (30)', days after receipt of said tax bills and cost breakdown, Tenant shall pay to Landlord such excess amounts. If Tenant's pro rata share of the actual costs for Real 9 € Estate Taxes and /or Operating Expenses is less than Tenant's payments for any Accounting Year, Tenant shall receive a credit against Tenant's estirnated share, payable in the first month after receipt by Tenant of said tax bills and cost breakdown of the immediately following Accounting Year, and such subsequent months as required to exhaust said credit, or if there is not time remaining in the Term to exhaust such credit, such excess shall be refunded to Tenant. If such information is not provided within such ninety (90); day period, Landlord may not increase Tenant's estimated pro rata share of Real Estate Taxes or Operating Expenses until such information is provided to Tenant. G. Audits. Tenant, its agents and accountants, shall have the right to examine and audit Landlord's books and records relating to any cost or item that is passed through to Tenant upon ten (10) days written request by Tenant to Landlord. If Tenant disputes the accuracy of Landlord's certification, Tenant shall stilt pay the amount shown owing pending connpletion of the audit. If Tenant's audit of the books and records shows that the amounts shown on the statement are five percent (5 %) or more higher than the actual amount owed by Tenant under t1ris Sublease, Landlord shall, on demand, rein-rburse Tenant for all reasonable costs of conducting the audit. Any overpayment or underpayment of Real Estate Tales or Operating Expenses shall be adjusted by the parties within ten (10) business clays after the audit is completed. Landlord shall keep complete and accurate books and records relating to Real Estate Taxes and Operating Expenses, which records' shall be kept in accordance with generally accepted accounting principles consistently applied. Landlord shall provide Tenant with copy of any Operating Expense audit Landlord furnishes to or receives from any other tenant. 2.3 PERCENTAGE RENT. A. PereentaLre Rent; Payment. As "Percentage Rent" hereunder, Tenant shall pay to Landlord for each Sublease Year, three percent (3 %) of Gross Sales (as hereinafter defined) derived fiom the Premiises during each such Sublease Year in excess of the "Breakpoint set forth in the Breakpoint schedule on Exhibit "B" attached hereto. Tenant shall pay Percentage Rent annually within sixty (60) days after the end of each Sublease Year. B. Gross Sales. The term "Gross Sales" shall mean the aggregate arnountof all sales (whether for cash, on credit or otherwise) trade in or from the Premises. Gross Sales shall not include any federal, state, municipal or other sales, value added, retailer's excise or other similar taxes paid or accrued by Tenant on sales to customers, irrespective of whether such taxes are collected from customers or absorbed by Tenant, amounts charged to Tenant by credit or charge card companies for processing fees, discounted sales to employees for which no payment is received, proceeds of insurance policies received; by Tenant, bulk and /or inter - company transfers of food and/or inventory, gratuities and service charges, which are included on customer's bills and which are passed directly through to the service employees without dnninution or deduction by Tenant, gift certificate sales (but Gross Sales shall include gift certificates redeemed at the:: Premises), proceeds front the sale of used restaurant equipment, receipts from a cigarette machine, or pay telephones, any cash or credit refund made upon any sale when the merchandise sold or some part thereof is thereafter returned to, and accepted by, Tenant, sales for which no monetary compensation is received and such sales are recorded' for control purposes only, and sales where the proceeds are given to, or used for charity, public relations or non - profit organizations. C. Retorts and Records. Within sixty (60) days front the end of each Sublease Year, Tenant shall deliver to Landlord a written statement of the Gross Sales made during the preceding Sublease Year together with the amount or Percentage Rent due Landlord hereunder for such Sublease Year. Tenant shall also subnut'monthly to Landlord a copy of the state sales tax report as required by the state in which the Premises are located, said copy to be forwarded to Landlord contemporaneous with the mailing of said report to the state sales tax agency, D. Inspection. Tenant shall keep at its corporate office true and accurate records and accounts, in accordance with reasonable accounting practices, for all the Gross Sales made, and all business carried on, in or from the Premises, all of which records and accounts, including without linutation, copies of reports to governmental authorities for purposes of sales tax or tax based upon the sale or sales of merchandise, shall be open for inspection and audit by Landlord, or dully authorized agents of Landlord, at all reasonable tunes during ordinary business hours. Landlord shall provide Tenant at least ten (10) business days prior notice of its intent to audit Tenant's books and records. Landlord's right to object to any statement of Gross Sales and to have such an audit made with respect to any Sublease Year shall expire twelve (12) months after Tenant's statement for the year shall have been delivered to Landlord. Any overpayment or u nderpayment of Percentage Rent shall be adjusted by the parties within ten (10) business days after the 1} 10�, audit is finalized and agreed upon. If an audit made by Landlord confirms an error in Tenant's statement of Gross Sales prejudicial to Landlord in an amount in excess of five percent (5 %), and as a result additional Percentage Rent is due to Landlord, Tenant shall, on demand, reimburse Landlord for the reasonable cost of the audit; otherwise all audits shall be at Landlord's sole cost and expense. E. Confidentialitir. Landlord agrees to treat all` information relating to Tenant's Gross Sales as confidential and not to disclose,, divulge or disseninate; the information relating to the Gross Sales or the contents of Tenant's books, records and accounts to any other person, except to the limited extent necessary if required by law, if requested by Landlord's lender or a prospective purchaser of the Development but only if such lender or purchaser agrees in writing to treat such information as confidential, or in connection with a dispute between Landlord and Tenant over the Percentage Rent due hereunder. 2.4 OTHER CHARGES. Tenant shall pay to Landlord all sales, excise, rental and use taxes imposed by law on the monthly Base Rent, Real Estate Taxes, Operating Expenses, Percentage Rent and all other rental charges provided for in this Sublease, which are customarily paid by tenants in the State in which the Premises are located. 2.5 COMMENCEMENT OF RENT. Tenant's obligation to pay Base Rent, Percentage Rent, Real Estate Taxes and Operating Expenses (sometimes collectively referred to herein as "Rent ") shall not continence until the Coiiurlencement Date (as herein defined). 2.6 LATE CHARGE. If any payment, of Rent is not paid within ten (10) days after its due date, Tenant agrees to pay a late charge equal to five percent (5 %) of the late amount to compensate Landlord for the additional administrative expense and inconvenience occasioned thereby. In addition, Landlord may assess a Fifty and No /100 Dollars ($50.00) charge for any check from Tenant returned to Landlord for insufficient funds. ARTICLE III - UTILITIES 3.1 SEPARATE METER. Tenant shall contract in its own name for all electric, gas and telephone service used by Tenant in the Preises. The Premises shall be separately metered (or sub - metered) for water and sewer by Landlord and Tenant shall be responsible only for its own water and sewer service and shall not be charged for any utilities provided to the Development, except for utilities used specifically in the maintenance of the Connlion Areas, which shall be included in Operating Expenses. 3.2 FEES, The local govenunent or utility authority may require the payment of certaui fees for public utility facilities and services provided in whole or in part by the local govenunent or authority. These fees are derive: erived for one of two purposes: (i) to pay for the usage of a proportionate share of the local government's facilities for future capacity and infrastructure improvements or to pay for a new user's utilization of oversized facilities paid for by other parties, including the local goverrument or utility authority (hereinafter referred to as "Connection Fees" or "Impact Fees "); or (ii) to pay for local government's time and expense to program or turn on the public utility facilities to a building or structure for each new customer (hereinafter . referred to as "Turf On Fees "). Tenant shall be responsible for payment of all Turn -Oil Fees. Landlord shall be responsible for payment of all Connection Fees or Impact Fees. Landlord shall pay any such Connection Fees or Impact Fees on or before the earlier of (i) that date which is three (3) business days after the date Tenant notifies Landlord that Tenant has waived or otherwise satisfied Tenant's Permit Period contingencies, or (ii) the expiration of Tenant's Permit Period. bi the event Landlord fails to pay all Connection Fees or Impact Fees as set forth herein, the parties agree that Tenant shall have the option, but not the obligation, to pay such fees and offset the fall amount thereof against Rent first coining due inkier this Sublease. ARTICLE IV - CONDUCT OF BUSINESS BY TENANT 4.1 USE OF LEASED PREMISES. The Premises shall be used by Tenant for the purpose of a frill service restaurant with liar area and all uses ancillary thereto, including, at Tenant's option, live ertertairmlent operating initially under the name Carrabba's Italian Grill, or for any other use permitted by law and as approved by Landlord (the "Permitted Use"). Tenant hereby reserves the right to change, from time to time, its operating format in the Premises and trade name so long as the Premises shall continue to be used for the Permitted Use, and provided that any change in the operating format does not duplicate a forunat then existing in the Developnient. Inthe event that the proposed operating format is for the purpose of a restaurant other than that initially operated thereon, there shall not be deemed a duplication of format unless the primarily featured food concept (i,e., Italian, Mexican, Oriental, French, Seafood, Steaks) of the proposed operating format is substantially similar to the primarily featured food concept of any operating format then existing in the Development. Tenant shall operate its business in all efficient, high class and reputable manner. Subject to Section 4.5 hereunder, Tenant shall have the right to cease operation of a business on the Premises; provided however, Tenant shall continue to fulfill all other obligations of Tenant under this Sublease, including payment of Rent and performance of Tenant's maintenance obligations. 4.2 RULES AND REGULATIONS. A. Rules Relating to Tenant's Operation. Tenant shall keep the Premises neat, clean, sanitary and reasonably free from dirt, rubbish, insects and pests at all times. Tenant will store all trash and garbage within the area designated on the Site Plan and only in receptacles of the size, design and color from time to time agreed upon by Landlord and Tenant. Tenant shall not operate an incinerator or burn trash or garbage within the Premises. Tenant shall not permit any noxious odors to emanate from the Premises. Tenant shall have the right to install, at its sole cost and expense, cable television hook -ups to the Premises, or 'a satellite dish or antenna located outside of the Premises, as allowed by local code, and Tenant may install a paging system on the exterior of the Premises and may play music from said paging system at reasonable volume levels during Tenant's hours of operation. Tenant agrees to pay to Landlord any increase in prenuums for any casualty insurance carried by Landlord on the Development resulting from the business carried on in the Premises by Tenant or the manner in which Tenant carries on such business excluding increases solely as a result of Tenant's operation of a restaurant with a bar area. Nothing herein, however, shall prohibit Tenant from operating its normal business operations on the Prenises Tenant shall not take any other action that in the reasonable judgment of Landlord would constitute a nuisance or would disturb the quiet enjoyment of other tenants of the Development or unreasonably interfere with their use of their respective premises; nor do anything that would tend to injure the reputation of the Development. Tenant covenants not to use or maintain the Premises in such a manner as to constitute an actionable nuisance to Landlord or any third party; and not to commit or peril-lit waste of the Premises. Tenant shall not solicit business in the parking area or the Cornunon Area, or distribute handbills or other advertising material in or upon automobiles parked in the parking area. Tenant shall maintain the inside of the Premises at a temperature sufficiently high to prevent freezing of water and pipes and fixtures inside the Premises.' B. Additional Rules. Landlord may adopt, add to, amend or supplement rules and regulations for the orderly use and operation of the Conunon Area so long as the rules and regulations are reasonable, apply uniformly to all tenants of the Development, do not conflict with this Sublease, do not cause Tenant to incur additional costs, and do not interfere with the operation of Tenant's business. Any such rules and regulations, amendments or supplements shall be delivered to Tenant in writing at least thirty (30) days prior to their effective date. Notwithstanding anything to the contrary herein, in the event of a conflict between any miles or regulations and the provisions of this Sublease, the provisions of the Sublease shall control. G. Employee Parkins?. Tenant's employees may not park within the Development. In addition, employees of any other tenant or occupant of the Development may not park within the Development. This restriction shall not apply to such employees during non- working hours. 4.3 GOVERNMENTAL REGULATION. Tenant shall, at its expense, obtain all licenses and permits required for, and comply with all Federal, State and local laws, ordinances, orders, rules and regulations pertaining to the operation of the Premises for its Intended Use, now or hereafter in force. However, Tenant shall not be required to effect any structural repair, structural improvement, structural alteration or other change of a structural nature by reason nof an y such laws, ordinances, rules or regulations unless the conditions constituting a violation of any such provisions were created by improvements provided by, or the specific use trade of the Premises by, Tenant (as opposed to the occupancy of the Premises). ''Goveriunental penalties, fines or damages imposed on any portion of the Prenises as a result of the acts of Tenant, its employees or agents, shall be paid by Tenant within thirty (30) days after receipt of said notice by Tenant, unless reasonably contested by Tenant. Landlord represents and warrants that the Development is incompliance with all federal, state, and local laws, ordinances, orders, rules and regulations and that Landlord shall comply with all laws, ordinances, orders, rules and regulations pertaining to the Development and its operation, now or hereafter in force. Landlord agrees to take all necessary measures, at the request of Tenant, to remove from the Development any person engaging in picketing, band billing, solicitation of Tenant's employees, or other demonstrations on Landlord's property or 12 adjacent thereto. The Landlord's obligation includes taking all legal action necessary to remove anyone engaged in the conduct described above in the Development. 4.4 LIENS. Tenant shall have no power to subject Landlord's interest in the Premises to construction, mechanic's or rnaterialmen's liens of any kind nor shall Landlord have the power to subject Tenant's interest in the Premises to any construction, mechanic's ormaterialmen's liens of any kind. The existence ofanysuch lien, which lien is not discharged by Tenant or Landlord, as the case maybe, or bonded off within thirty (3 0) days of such parties receipt of notice of fling, shall be a breach of this Sublease. All contracts for work on the Premises performed on behalf of Tenant or Landlord must contain a waiver of lien by such party's contractor against the other party's interest in the Prer ises. All persons performing work, labor or supplying materials at the Premises on behalf of Tenant or Landlord shall look solely to the interest of such party and not to that of the other party for sums owed. Tenant and Landlord shall have the right, but not the obligation to discharge or transfer to bond any lien filed against the Premises by the other party's contractor that has not been discharged or transferred to bond within thirty (30) days from the other party's receipt of notice of the filing thereof and any reasonable cost or expense, including reasonable attorney's fees, incurredby Tenant or Landlord as a result thereof shall be due and payable within fifteen (15) days of demand therefor. 4.5 RECAPTUIZE FOR FAILURE TO OPERATE. A. Right of Recapture. In the event that Tenant ceases to operate inthe Premises for more than thirty(30) consecutive days (a "Closure ") Tenant shall, within sixty (60) days after the Closure, provide written notice to Landlord (a "Closure Notice ") that either (i) the Closure is temporary and Tenant (or an assignee or subtenant to whom this Sublease niay be assigned or the Premises sublet without Landlord's consentpursuantto Section 8.3 ofthis Sublease) intends to reopen in the Premises (a "Temporwy'Closing"); or (ii) Tenant intends to attempt to assign this Sublease or to sublet the Premises to an unaffiliated third party (a "Permanent Closing "). If (a) Tenant gives the notice of a Temporary Closing and the Premises has still not reopened by the date which is Three Hundred (300) days from the Closure Notice provided that Tenant shall be granted two (2) thirty (30) day extensions so long as Tenant (or a assignee or subtenant to whom the Premises mayhave been assigned or sublet) has conunenced the renovation or remodeling of the Premises and is diligently pursuing the same to completion (the "Reoperning Period "), (b) Tenant gives notice of a Permanent Closing, or (c) Tenant fails to give Closure ' Notice,, in either or any event, Landlord shall have the right (the "Recapture Right ") to ternninate Tenant's interest in the Sublease in accordance with the provisions set out below. B. Exercise of Recapture Right. Landlord shall exercise the Recapture Rightby written notice to Tenant (the "Exercise Notice") given within sixty (60) days of (i) Landlord's receipt of the Closure Notice in the event of a Permanent Closing or (ii) the end of the Reopening Period in the event of a Temporary Closing, or (iii) Tenant's failure to deliver the Closure Notice when required hereunder and such failure continues for ten (10) days following written notice from Landlord to Tenant of such failure, whichever is applicable. This Sublease shall terininate on the thirtieth (30 "') day following receipt of the exercise notice (the "Recapture Date ") and Relit shall be prorated as of the Recapture Date. Tenant agrees to remove its proprietary signage and ally of its personal property which this Sublease requires be removed upon the expiration of the Tern of this Sublease prior to the Recapture Date. Tenant nnay also remove all other property of Tenant that tliis Sublease allows Tenant to remove upon the expiration of the Terri of this Sublease. Following the Recapture Date neither Landlord nor Tenant shall have any further liability under this Sublease, except for (i) obligations which accrued prior to the Recaptu re Date and (ii) Tenant's obligation to repair any damage to the Premises caused by the removal of its property as provided for above If Landlord fails to exercise the Recapture Right as set forth herein, this Sublease shall continue in full force and effect and Landlord shall have no further tights under this Section 4.5, as to such closure. In the event Tenant reopens and thereafter there is a subsequent Closure, Landlord shall again have the Recapture Right in accordance with the terns of this Section. In the event Landlord has not elected to recapture the Premises asset forth herein, and if the Premises have not reopened and no assigmnent or sublease has occurred on or before the date which is two lnuidred seventy(270) days from the expiration of such sixty (60) day period; Landlord shall again have a Recapture Right to be exercised by giving an Exercise Notice within the sixty (60) dayperiod following the 270 - dayperiod. Thereafter, so long as the Premises have not reopened and no assignment or sublease has occurred, Landlord shall have a Recapture Right after each successive 270 -day period to be exercised by giving an Exercise Notice within the sixty (60) clays period following each 270 -day period, Notwithstanding Landlord's right to exercise its Recapture Right every 270 days as provided for above, if Landlord provides the Exercise Notice, Tenant shalt have the right to nullify the Exercise Note by providing to Landlord 1 13 V "' i evidence that Tenant is in active negotiations to assign this Sublease or sublease the Premises (which may be evidenced either . by ongoing negotiations or a signed Letter of Intent), in which event the Exercise Notice shall be rendered void and of no effect. C. ` Permitted Closures. For purposes of this Section, the following shall be "Permitted Closures" and shall not constitute a "Closure" or be counted toward the Reopening Period: (i) any period during which the normal operation of business at the Premises is not practical as a result of damage by fire or other casualty; (ii) any period during which the normal operation of business at the Premises is not practical as a result of a taking by eminent donmain or other'govermnental action; (iii) reasonable periods for remodeling, alterations and repairs, including related permitting time; and (iv) any period during which Landlord is not in compliance with its obligations under this Sublease, beyond any applicable notice and cure period. D. Interpretation. Time is of the essence as to all time periods in t1iis ,Section. A failure to operate is not a default under this Sublease and this Section sets out Landlord's sole remedies for a failure of Tenant to operate at the Pienuses, ARTICLE V - IMPROVEMENTS 5.1 LANDLORD'S WORK. The following work (collectively "Landlord's Work ") shall be done by Landlord exclusively, at Landlord's sole cost and expense: A. on or before the fifteenth (15`x') day after the Effective Date, Landlord shall prepare and submit to Tenant for Tenant's approval, the shell plans for the Premises (the ".Shell Plaits ") which shall include all column locations. B. on or before May 15, 2006, Landlord shall prepare and submit to Tenant for Tenant's approval, the plans and specifications, (the "Plans and Specifications ") for the Development (including the Premises). The Plans and Specifications shall include, without limitation, the following; (i) site development plans, including but not limited to, parking, curbing, roadways and lighting plans; (ii) landscaping and irrigation plans; (iii) building construction plans including, but not linnited to, (a) structural plans, (b) mechanical, electrical, utilities and plumbing plans sincluding, without limitation, all the utilities and installations to be provided to the Premises by Landlord, as described in paragraph 5. ID, 5.1E and 5. IF below, and (c) plains for an insulated and water tight single plyroof. Tenant shall have fifteen (15) business days from receipt of such Plans and Specifications (and fifteen (15) business days fromreceipt of any revisions to the Plans and Specifications) to approve or disapprove of the Plans and Specifications. Any disapproval shall contain the specific changes desired by Tenant. Tenant's review of the Plans and Specifications shall be limited to those matters that affect the (a) Premises itself and the equipment and utilities serving the Premises, (b) access to and the visibility of the Premises, (c) parking serving the Premises, (d) any changes (other than minor adjustments) of the location of the Development roadways from that shown on the Site Plan, and (e) any change which would result in the class and character of the Development being other than the high quality first 'class Development represented to Tenant (collectively the "Tenant Review Matters "). If Landlord and Tenant are unable to agree upon such Plans and j Spec if cations within sixty (60) days after Tenant's initial receipt of the Plans and Specifications using good faith efforts, then either Landlord or Tenant shall have the option of tern -d eating this Sublease, at any time prior to the Plans and Specifications being agreed upon, by written notice to the other party, and upon such termination Landlord and Tenant shall be released from all obligations, except those which specifically survive a termination, and Tenant shall be immediately refunded all previously paid deposits, if any. The Plans and Specifications approved by Tenant shall be referred to in this Sublease as the "Submittal Plans." The date suchplans are approved by Tenant and Landlord shall be referred to as the "Submittal Plaits Approval Date." a C. Landlord shall promptly submit the Submittal Plans to the applicable govermnental authorities and diligently and in good faith pursue the receipt of all permits and approvals necessary to construct the work contemplated by the Submittal Plans ( "Landlord's Pernnits "). Any changes to the Submittal Plans (the " Submittal Plans j Coi nnelits ") that would affect the Tenant Review Matters inust have Tenant's approval, not to be unreasonably withheld, conditioned or delayed. Tenant shall have fifteen (15) business days from receipt of such Submittal Plans (and fifteen (15) business days from receipt of any revisions to the Submittal Plans) to approve or disapprove of the Submittal Plans. Any disapproval shall contain the specific changes desired by Tenant. Landlord shall not make any changes to the 14 Submittal Plans inconsistent with Tenant's rights under this Sublease. If Landlord and Tenant are unable to agree upon such revisions within thirty (30) clays of Submittal Plans Comments using good faith efforts, then either Landlord or Tenant shall have the option of terminating this Sublease by written notice to the other party, and upon such termination, Landlord and Tennant shall be released from all obligations, except those which specifically survive a termination, and Tenant shall be immediately refunded all previously paid deposits, if any. The Submittal Plans approved by Landlord, Tenant and the applicable governmental authorities shall be referred to in this Sublease as the "Landlord's Final Plans ". The date upon which Landlord's Permits for Landlord's Final Plans is obtained, and Landlord provides notice thereof to Tenant, shall be referred torn this Sublease as the "Landlord's Permit Date ". If Landlord is unable to obtain Landlord's Permits within one hundred eighty (180) clays from the Submittal Plans Approval Date, then Landlord or Tenant shall have the right to terminate this Sublease by giving written notice of termination to the other whereupon this Sublease shall be of no further force or effect, Landlord and Tenant shall be released from all obligations hereunder, and Tennant shall be immediately refunded all previously paid deposits, if any. D. on or before the Tender Date, Landlord shall construct the building in which the Premises are located (in substantially the location designated on the Site Plan and substantially in accordance with Landlord's Final Plans), including: (i) Tenant's fagade (in accordance with Tenant's plans and specifications, consistent with Exhibit "C" attached hereto); (ii) structural support for Tenant's IIVAC rooftop units, including installment of 50 nominal toils of cooling /Beating capacity, ventilation chase and ducttivork system to the roof from the Preniises, roof curbs and any required screening; (iii) a five(5') foot concrete floor slab around the interior perimeter of the Premises; (iv) gravel fill for the remainder of the interior floor; (v) ceilings consisting of exposed 'bar joists and ceiling deck; (v) demising walls with a nuninnun of 2 hour fire rating; and (vi) completion of the Premises to the condition reflected on and contemplated by Landlord's Final Plans. E. on or before the Tender Date, Landlord shall have completed the work required (and provided Tenant with written verification of such completion) to provide that the following utilities are delivered underground to the Premises stubbed to the location of such utilities on Tenant's filial plans, operational and with sufficient capacity: (i) 120/208 volt, 1,200 amps, 3 Phase electric line; (ii) l 1/2" water meter with 2" water line providing water pressure between 50 psi and 70 psi; (iii) 6" gravity sewer line (with grease interceptor) to a depth sufficient to accommodate Tenant's standard plumbing plan and acceptable by local municipalities and utility companies; (iv) 4" fire main providing water pressure between 50 psi and 70 psi; (v) 3.5 million BTU gas line; (vi) sanitary sewer line to the restroom; (vii) stornnn water management system ( viii) telephone conduit; (ix) a plain sprinkler line down the center of the Premises; and (x) installation of the Tenant supplied grease trap. F. on or before the Tender Date, Landlord shall have constructed, pursuant to plans and specifications reasonably approved by Tenant, all necessary improvements and infrastructure for the Development, including, without limitation, the parking areas, driveways and access roads (including all appropriate curb cuts and curbing),; landscaping and iirigation, and lighting, located within that area designated on the Site Plan as Protected Area and any other work (whether or not within Protected Area)) which is necessary to allow Tenant to obtain permits and approvals for construction of Tenant's intended improvements, and upon completion of those improvements to obtain a Certificate of Occupancy. Landlord shall complete Landlord's Work by no later than the dates provided for above. As used in this Sublease, the term "complete" shall include the unconditional' issuance of a certificate of occupancy, certificate of completion, certificate of inspection, or other approval as may be required by applicable governmental authorities to evidence the completion and approval of Landlord's Work subject to nunor "punch- list" type items that do not prevent the conunencement and completion of the Tenant's Work and Tenant's receipt of a certificate of occupancy for the Premises without delay. Landlord agrees to perform Landlord's Work in a good and workmanlike nnanrmer, utilizing first quality new materials and in accordance; with Landlord's Permits, Landlord's Final Plans, and all applicable laws, ordinances, rules and statutes. Landlord agrees, at Landlord's expense, to obtain and maintain public liability insurance and worker's compensation insurance adequate to fully protect Tenant as well as Landlord from and against any and all liability for death or injury to person, or damage to property arising out of or by reason of Landlord's Work. Notwithstanding anything contained in this Sublease to the contrary, if Landlord fails to complete any portion of the Landlord's Work by the required date provided for above, or it is reasonably anticipated that Landlord will not complete any such work by the required elate, and, as a result thereof, Tenant is (or will be) unable to obtain `a certificate of occupancy (or any other required Permit or Approval) pursuant to Tenant's construction schedule, Tenant shall have the right, upon twenty -four (24) hours written notice to Landlord, to abate all Rent and other charges payable as Rent, until such trnne as such necessary work is completed. 5.2 TENANT'S WORK. Except to the extent of Landlord's obligations under this Sublease, Tenant, at Tenant's sole cost and expense, shall perform and complete all construction, alterations, replacements, additions, repairs, fixtures, and improvements to the Premises required to prepare the same for Tenant's Intended Use ( "Tenant's Work "). A. Plans and Approvals. None of Tenant's Work shall be connrnenced uuuess and until written plans and specifications have been submitted to and approved by Landlord, in Landlord's reasonable discretion. Said plans and specifications shall include a floor plan, elevations, electrical panel` schedules, load calculations, I3VAC equipuncin specifications, system diagrams (ductwork, diffusers), and a reflective ceiling plait. Tenant, at its sole cost and expense, shall prepare and submit preliminary plans and specifications to Landlord within forty -five (45) days, after Tenant's approval of the Shell Plans from the Effective Date. Landlord shall have fifteen (15) days from receipt thereof to disapprove of such flans and specifications. Any disapproval shall contain the specific changes desired by Landlord to obtain its approval, Landlord shall have ten (10) days' from receipt thereof to disapprove any revised plans and specifications; provided 'that ifthe changes requested by Landlord leave been made; Landlord's approval shall be deemed given. Landlord's failure to disapprove within the applicable teen (10) day period or five (5) day period shall constitute Landlord's approval of said plans and specifications. If Landlord and Tenant are unable to agree upon such plans and specifications, then Tenant shall have the option of ternuiating this Sublease upon written notice to Landlord, and upon such termination Landlord and Tenant shall be released from all obligations hereunder except for those obligations which specifically survive such termination, and Tenant shall be inirriediately refunded' all previously paid deposits, if any. B. Work/Insurance. All work shall be completed in compliance with all codes, ordinances, rules and regulations of applicable governmental authorities, in a good and workmanlike manner by licensed contractors with appropriate building permits. Tenant agrees that the general contractor performing work on the Premises shall maintain public liability insurance (including so called "builders risk" insurance and worker's compensation insurance) of at least One Million and No /100 Dollars ($1,000,000.00). All entries on the Premises after the Tender Date and all work done by or on behalf of the Tenant shall be at Tenant's sole risk. C. Barricades. 'Tenant shall not erect or maintain any barricade or scaffolding which obscures the signs, entrances or show windows of any other tenant in the Development or unreasonably interferes with any such other tenant's business. D. Si ua e. Landlord hereby grants to Tenant the right to install and maintain for the entire Term its standard exposed neon channel sign, as forth on Exhibit "D" attached hereto, on exterior walls of the Premises, as reasonably determined by Tenant to be the most appropriate places for purposes of visibility and advertising. of Tenant's business. Landlord further grants to Tenant the exclusive right and easement to install and maintain for the entire Term its own sign panels on both sides of the two (2) Development signs located on Southwest 73�d Street (the "Development Signs"), as set forth on Exhibit "D" attached hereto, in the location in the Development as designated on the Site Plan. Tenant also shall have the right to place its standard proprietor:, credit card and hours of operation insignia " on the front entrance of the Premises. All of Tenant's signage shall be in with all applicable governmental nodes and shall be maintained by Tenant in good and clean condition. E. Exterior Appearance. Except as otherwise provided herein, Landlord shall have the right, ill Landlord's reasonable discretion, to control any alterations to or installations on the exterior of the Premises, including but not limited to exterior shades, awnings, window coverings, lights and canopies. Notwithstanding the foregoing, Tenant may install its standard exterior fascia, as shown on Exhibit "C" attached hereto and incorporated herein by reference, on the exterior wall of the Premises. i i 16 s° ���tN.,%- „- j.-_.. -r.- ,�.•::_,-- �. -�..•� :-z,.� ., "a -�-" -- •. ^'.�'"-^�, —;-".- °�*r--'.�;x: a-, -,.,�� �-+a;�'F";^.",_'§'�'fi'r �°�... �+ �`; �:,ce�r�;s°�''",y!�'�54';t�,:, �; --„?'y�"a'�� :�?,�""cs�a.�"','.€$�e s.:.�,""'`�;r F. Additional Construction. During the Term of this Sublease, Tenant shall have the right to make alterations, additions and improvements to the interior or exterior of the Premises; provided, however, except as may otherwise specifically be provided in this Sublease any alterations or additions to the exterior of the Premises or to the structural portions of the building in which the Prenuses are located shall not be made by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything to the contrary contained herein, Landlord's approval shall not be required for any changes to the Premises, which are part of a "system- wide" program for those stores operating under the same trade name as the Premises. Landlord may withhold its consent if (i) the alterations or iniprovenients to the exterior of the Premises are not consistent with the class and character of the Development, or (ii) Landlord believes based upon professional advice that the alterations, additions or improvements to the structural portion of the building in which the Premises are located could cause the building to be structurally unsound. Notwithstanding anything to the contrary herein, Landlord's approval shall not be required for any changes to the Premises which are part of a "system - wide" program for those stores operating under the same trade name as the Premises, so long as such changes do not violate the preceding sentence and are not inconsistent with the class and character of the Development or the architectural style of the Development.`' 5.3 OWNERSHIP OF IMPROVEMENTS. Duriiig tlne ternn of this Sublease, Tenant sballbe considered for all purposes to be the owner of the improvements constructed on the Premises by Tenant and Tenant alone shall be entitled to take tax deductions on its federal and state income tax returns for the depreciation and other expenses related to Sallie. Upon termination of this Sublease; the ownership of said improvements (except as :set out hereunder) constructed on the Premises by Tenant shall belong to Landlord. All trade fixtures, equipment and other property placed on the Premises by Tenant and any alterations or replacements thereof, including, but not limited to, all bars, booths, decorative light fixtures, stoves, ovens and other restaurant equipment, shall remain the property of, and maybe removed by, Tenant. Upon the expiration or earlier termination of this Sublease, any such property belonging to Tenant which Tenant has failed to remove from the Premises within thirty (30) days of said expiration or ternnination shall become the property of Landlord. Landlord may thereafter elect to remove and dispose of such property at Tenant's reasonable cost and expense. Should Tenant remove any such fixture, or any alteration or replacement thereof, affixed to the Premises that was placed on the Premises by Tenant, Tenant, at its sole cost and expense shall repair any damage to the Premises caused by such removal. 5.4 TENANT CONTRIBUTION. Tenant agrees to pay to Landlord a sum to be determined as a contribution toward Landlord's Work, Section 5 1 -D (i) ( "Tenant's Contribution "). Tenant's Contribution shall be calculated as follows: (1) Landlord shall cause the General Contractor for the Development (the "GC ") to calculate the average cost per linear foot of Landlord's standard "Storefront" elevation installation for the Development fionting on SW 73`d Street pursuant to Landlord's Final Plans ( the "Storefront Cost "); (2) Landlord shall multiply the linear footage of Tenant's SW 73 d Street exterior frontage ( "Tenant's Frontage ") by the Storefront Cost (the "Tenant's Standard Cost "); (3) Landlord shall cause the GC to calculate the cost of the exterior actually constructed for Tenant's Frontage (iii accordance with Tenant's ',plans and specifications, consistent with Exhibit "C" attached hereto) by Landlord ( "Frontage Cost ") and (4) Tenant's Standard Cost shall be deducted from the Frontage Cost and the resulting sum, if any, shall be Tenant's Contribution. Tenant agrees that Tenant's Contribution shall be due and payable within ten (10) days following the latest of (i) the Conuiienceinent Date (ii) final completion of Landlord's Work; and (iii) Tenant's receipt of properly executed final lien waivers for Landlord's Work. ARTICLE VI - MAINTENANCE OBLIGATIONS 6.1 MAINTENANCE BY TENANT. Tenant shall at all tunes keep and maintain, at cost and expense, the Premises, exterior entrances, all glass and windows, all floors (excluding floor slabs), and all partitions, doors, fixtures, equipment and appurtenances thereof, including lighting, electrical equipment, plumbing fixtures and equipment, grease traps, heating, ventilating and air conditioning equipment (including the major parts of the HVAC system), in good order and repair, reasonable wear and tear excepted, and iii a clean and sanitary condition, and shall make all necessary repairs, including all necessary replacements, alterations and additions, using material and equipment of suiular or superior kind and quality to the original nmprovements. Tenant shall enter into a contract with -a duly licensed air conditioning service company for the maintenance of the heating, ventilating and air conditioning system. Tenant shall also enter into a pest control contract for the Premises at Tenant's sole cost and expense, which contract shall provide for .3 17 monthly pest inspections. Landlord shall, whenever possible, extend to Tenant the benefit of any , available manufacturer's or other warranties. Tenant shall be responsible for protecting the Premises and the property located therein from theft and robbery and shall keep all doors and windows securely fastened when not in use. If Landlord fails to undertake and complete all necessary repairs to the Conuuon Areas as required under this Sublease within a reasonable tune, Tenant hereby reserves the right, upon thirty (30) days written notice to Landlord (except in the event of in emergency, in which event no more than twenty-four (24) hours notice shall be required) to undertake and complete such repairs at Landlord's expense. Notwithstanding anything contained herein to the contrary, Landlord reserves the right to object to Tenant's claim that Landlord is in default of its obligations under this Sublease, if, in the reasonable opinion of Landlord, the requirement, scope or specifications for such work is inappropriate. Should such a conflict arise, Landlord shall respond to Tenant's notice to Landlord's default in writing in a manner which sets out an alternative plan of action or Landlord may request the opinion of a third party relative to Tenant's demands for such work. Within thirty (30) day of Landlord's receipt of default notice from Tenant, Landlord shall have commenced and be diligently pursuing to repair or replace the deficiency according to a scope of work agreed to by Tenant or as may be specified by an independent consultant. if no action is taken by the Landlord within thirty (30) clays from Landlord's receipt of default notice, then Tenant may elect to complete the repairs or replacements. ` Landlord shall be responsible for payment of all costs and expenses incurred by Tenant in the exercise of its right udder this Article." Landlord shall have thirty (30); days from receipt of said invoice(s) for such costs to make payment in frill. In event Landlord fails to tender Rill payment within said thirty (30) days period, Tenant may thereafter begin to offset all Rent due under this Sublease until the entire amount has been recovered. If Tenant fails to maintain the Premises as required Hereunder, then thirty (30) days after written request (or such longer period as is necessary if the repair cannot reasonably be completed within the thirty (30) day period and Tenant promptly conu"nences and diligently pursues the completion of such repair), Landlord shall have the right to enter the Prenuses and to make such repairs at Tenant's expense, and upon completion thereof Tenant shall pay as Additional Rent Landlord's reasonable costs for making such repairs. Such payment shall be due within thirty (30) days after Tenant's receipt of an invoice therefor: 6.2 MAINTENANCE BY LANDLORD. Landlord covenants and agrees, at its cost and expense to keep, maintain and replace, if necessary, the Development building, foundations, the exterior paint, the utilities and plumbing system a to and including the connections to the Premises, the sprinkler mains, if any, structural systems including the Y p g roof, roof membrane, roof covering (including interior ceiling damage by leakage), load hearing walls, floor slabs, masonry walls, and the Common Areas, (including but not limited to landscaping, sprinkler systems, pavement and striping of parking areas, and adequate lighting in the Conuuon Area and parking areas until at least 1:00 a.m.) in good condition and repair, in a neat and clean condition and in compliance with all applicable govermnental laws, regulations and other requirements. Notwithstanding the above, if Landlord is required to make repairs to the Premises or Conuuon Areas by reason of Tenant's negligent actor failure to act, Tenant shall pay as Additional Rent Landlord's reasonable cost of making such repairs. Such payment shall be due within thirty (3 0) days after Tenant's receipt of an invoice therefor. Any maintenance' items which qualify as Operating Expenses shall be included in Operating Expenses. If Landlord fails to undertake and complete all necessary maintenance or repairs as required wider this Sublease then thirty (30) days after written request (or such longer period as is necessary if the repair cannot be reasonably j completed within the thirty (30) day period and Landlord promptly commences and is diligently pursuing completion of such repair), Tenant shall have the right, to undertake and complete such maintenance or repairs at Landlord's cost and expense. In addition, in the event such a failure results in a material interference with Tenant's operation of its business, and Landlord does not promptly, ,after notice from Tenant, which may be oral notice to Landlord's property manager followed by written notice, continence, and with all due diligence, continue the cure of such failure, including taking ally I inunediate steps necessary to lessen the impact on Tenant's business, Tenant shall have the right to undertake and complete such maintenance or repairs at Landlord's cost and expense. Landlord shall be responsible for payment of all costs and expenses incurred by Tenant in connection with the exercise of its rights under this Section. Landlord shall have thirty (30) days from receipt of said invoice(s) for such reasonable costs to make payment in fiill. In the event Landlord fails to 'tender firll payment within said thirty (30) day period, Tenant may thereafter begin to offset (in accordance with Section 9.4) all Rent due under this Sublease until the entire cost has been recovered. 18 6.3 ADDITIONAL CONSTRUCTION.' On and after the Connnencement Date, Landlord shall not, during Tenant's standard hours of operation, engage in any construction activities or utilize any area for construction staging in or on the Common Areas, or Development that would disrupt traffic flow, reduce parking available to Tenant's customers, disturb customers or otherwise interfere with the operation of Tenant's business on the Pren ises in any material respect: ARTICLE VII - INSURANCE AND INDEMNITY 7.1 TENANT'S GENERAL LIABILITY INSURANCE. Tenant will keep in force at its own expense, throughout the Term of this Sublease, commercial general liability insurance with respect to the Premises and the business operated by Tenant and construction performed by Tenant with companies licensed to do business in the state in which the Preriiises are located and rated A- or better in the their most current issue of Best's Insurance Reports with coverage of not less than One Million audNo /100 Dollars ($2,000,000.00) per occurrence.. Tenant shall have all such public liability - policies endorsed to show Landlord as an additional insured with respect to occurrences upon the Premises. Tenant's insurance policy will further provide for at least ten (10) days notice to Landlord before cancellation. Tenant will firnish Landlord with certificates of such insurance within ten (10) days after written request by Landlord. If Tenant shall not connply with the provisions of this Section, then subject to notice and opportunity to cure, Landlord shall have the right to obtain insurance as required by this Section and, in such event, Tenant agrees to pay the premium for such insurance'',promptly upon Landlord's demand: 7.2 TENANT'S PROPERTY INSURANCE. Tenant will keep in force at its own expense, conunencing on the date Tenant actually takes, possession of the Preinises, and continuing throughout the Tenn of this Sublease, property insurance (including flood and windstorm coverage) with respect to Tenant's improvements and betterments and personal property in the Premises with companies licensed to do business in the state in which the Premises are located and rated A- orbetter in the then most current issue of Best's Insurance Reports, against loss or damage by fire and such other hazards on a replacement cost basis. 'Tenant's insurance policy will further provide for at least ten (10) days notice to Landlord before cancellation. Tenant will furnish Landlord with certificates of such insurance within ten (10) days after written request by Landlord. If Tenant shall not comply with the provisions of this Section, then subject to notice and opportunity to clue, Landlord shall have the right to obtain insurance as required by this Section and, in such event, Tenant agrees to pay the prennium for such insurance proiiptly upon Landlord's demand. 7.3 EMPLOYER'S LIABILITY INSURANCE. Tenant shall, throughout the Tenn of this Sublease, maintain such worker's compensation or employer's liability insurance as may be required by law. 7A LANDLORD'S INSURANCE COVERAGE. Landlord will keep in force, throughout the Tenn of this Sublease, commercial general liability insurance with respect to the Development in companies licensed to do business in the state in which the Premises are located and rated A- or better in the then most current issue of Best's Insurance Report with combined single limit coverage of not less than Five Million Dollars ($5,000,000.00) per occurrence. Landlord shall also keep in force fire and casualty insurance on a replacement cost basis with respect to the Development nnprovements and betterments with companies licensed to do business in the state in which the Premises are located and rated A- or better in the then most current issue of Best's Insurance Repori. Landlord shall furnish Tenant with certificates of such insurance within ten (10) days of written request by Tenant. All such policies, as applicable, shall name Tenant as additional insured, as its interest appears. 7.5 INDEMNITY BY TENANT AND LANDLORD. Tenant shall indennnify, save harmless and defend Landlord from' and against any and all suits, claims, actions, damages, liability and expense (including reasonable attorneys' fees) in connection with loss of life, personal injury and /or damage to property arising from or out of the occupancy or use by Tenant of the Premises Connnon Area, Development or any part thereof or`occasioned wholly orin Dart by the acts, or onnissioins of Tenant, its officers, contractors, agents or employees (acting within the scope of their office, contract, agency or employment). Landlord shall indenunify save harmless and defend Tenant front and against any and all suits, claims, actions, damages, liability and expense (including reasonable attorneys' fees) in corn ectionwith the loss of life, personal injury acid /or damage to property arising from or out of the ownership, operation or use by Landlord of the' Areas or the Development, or any part thereof, or occasioned, wholly or in part, by any act or onnissioun of Landlord, its officers, contractors, agents or employees (acting within the scope of their office, contract, e 19 .- . -r--E- WW F agency or employment). Notwithstanding anything to the contrary contained herein, Landlord and Tenant shall not be indemnified as against the other from liability for their own acts or omissions. ARTICLE VIII - ASSIGNMENT AND SUBLETTING 8.1 ASSIGNMENT. A. Consent of Landlord. Except as specifically provided in this Article VIII, Tenant may not assign this.Sublease, without the prior written consent of Landlord, which consent may not be unreasonably witl-dield or denied. Any transfer of Tenant's interest in this Sublease or the Premises by operation of law, regardless of whether the same is characterized as voluntary or involuntary, shall be construed as an "assignment governed by this Section. Landlord's written consent to any assignment shall not act as a waiver of the requirements of consent with respect to any subsequent assigmnent. B. Assumption and Release. Upon a permitted assignment under this Article VIII, the assignee shall assume all rights and obligations of Tenant under this Sublease. Any assignee of Tenant shall deliver to Landlord an assumption agreement in a form reasonably satisfactory to Landlord no less than jten (10) days after the effective date of the proposed assigiunent. Notwithstanding anything to the contrary contained in this Sublease, upon a permitted assigruiient of this Sublease, the assigning Tenant's liability under this Sublease shall ternunate as of the effective date of the assigrunent, and thereafter the assigning Tenant, and any Guarantor of the assigning Tenant's obligations hereunder, shall have no fiirther liability to Landlord. C. Consent Criteria. Landlord shall not withhold its consent to an assigrunentby Tenantso long as the proposed assignee (i) agrees in writing to be bound by all of the terns and conditions contained herein, including, specifically, the Permitted Use clause; (ii) demonstrates,, to Landlord's reasonable satisfaction, prior experience in operating the Pern tted Use; and (iii) demonstrates, to Landlord's reasonable satisfaction, adequate financial resources to p g ) me e t the obligations of Tenant under this Sublease. 8.2 SUBLETTING. A. Consent of Landlord. Except as specifically provided in this Article VIII, Tenant may not sublet all or any portion of the Premises, without the prior written consent of Landlord, which consent may not be unreasonably withheld or denied subject to the provisions below. Upon such permitted subletting, the sublessee shall agree to comply with all obligations of Tenant under this Sublease relating to the area subleased. Further, Landlord's written consent to any one subletting shall not act as a waiver of the requirements of consent with respect to any subsequent subletting. Notwithstanding such approved subletting, Tenant shall remain liable under this Sublease unless otherwise released in writing by Landlord or as otherwise provided in this Sublease. j B. Consent Criteria. Landlord shall not withhold its consent to a subletting by Tenant so long as the proposed subtenant (i) agrees in writing to be bound by all of the terms and conditions contained herein, including, j specifically, the Permitted Use clause; and (ii) demonstrates to Landlord's reasonable satisfaction, fniancial resources to meet the obligations of Tenant under this Sublease. C. Sublease Rent. All rent and other consideration payable under any sublease shall be solely the property of Tenant. 8.3 TRANSACTIONS WITH AFFILIATES. Notwithstanding any contrary provision of this Article VIII, Landlord's consent shall not be necessary for any assigrmment or subletting to any person or entity (i) which is an affiliate of Tenant or Carrabba's Italian Grill, Inc.; (ii) with which or into which Tenant, Tenant's general partner or managing or majority member, or Carrabba's Italian Grill, Inc. has merged or consolidated; or (iii) which acquires all, i substantially all or a majority of Tenant's assets or leases in the state in which the Prenuses is located. For purposes of this Section 8.3, an "affiliate" of a person or entity shall mean any other person or entity which controls, is controlled by, or is udder conrunon control with' such person or entity. 20 Upon Landlord's request, Tenant will provide to Landlord written confirmation from Carrabba's Italian Grill, Inc. whether an Affiliate is a general partner or member of Tenant and Landlord shall be entitled to rely on such statement from Carrabba's Italian Grill, Inc. 8.4 TRANSFER OFLANDLORD'S INTEREST. The term "Landlord" shall mean the leasehold interest holder, pursuant to the Master Lease attached hereto as Exhibit "G ", for the time being, of the Development, and in the event of the transfer by such owner of its interest in the Development and the assumption of Landlord's obligations hereunder by the transferee, then notwithstanding anything to the contrary contained herein, such owner shall thereupon automatically be released and discharged from all covenants and obligations of the Landlord thereafter accruing, but such covenants and obligations shall be binding during the terra of this Sublease upon each new owner for the duration of such owner's ownership. Notwithstanding the foregoing, any such owner shall remain obligated to Tenant for any and all deposits paid by Tenant hereunder until such time as said deposits are transferred to and accepted by any new owner and notice of such transfer aiici acceptance is given to Tenant: 'Landlord shall provide written notice to Tenant of any transfer or other assigni ent of Landlord's interest in this Sublease'. Provided, however, notwithstanding anything herein to the contrary, Tenant shall not be liable to any subsequent owner of the Premises for any Rent paid to Landlord after such transfer unless and until fifteen (15) days, after Tenant has been provided written notice of such transfer. ARTICLE' IX DEFAULT 9.1 DEFAULT OF TENANT. A. Events of Default. Subject to Tenant's night to notice and opportunity to cure specified in subsection B hereunder, Tenant shall be deemed to be in default of its obligations under this Sublease upon the occurrence of any of the following: (a) Tenant's failure to pay Rent or any other siuns when due under this Sublease; (b) Tenant's failure to perform any material covenant, promise or obligation contained in this Sublease; (c) The appointment of a receiver or trustee for all or substantially all of Tenant's assets; (d) Tenant's voluntarily petition for relief tinder, any bankruptcy or insolvency law; (e) The sale of Tenant's interest under this Sublease by execution or other legal process; (f) The seizure, sequestration or nnpound ng by virtue or under authority of any legal proceeding of all or substantially all of the personal property or fixtures of Tenant used in or incident to the operation of the Premises; (g) Tenant's making an assigrunent of this Sublease for the benefit of creditors; (h) Any sale, transfer, assigrnnent, subleasing, concession, license, or other disposition prohibited raider Article VIII Hereof; or G) Tenant shall do or permit to be done anything that creates a lien upon the Premises and shall fail to obtain the release of any such lien or bond off any such lien as required herein. B. Notice; Right to Cure. Tenant shall only be deemed in default of this Sublease upon the continued occurrence of (i) Tenant's failure to pay rent or any other monetary sunn within ten (10) days after written notice from Landlord to Tenant that such sums are due, or (ii) the occurrence of any event specified in' {b) and (d) tluough (i) of subsection A above that is not cured by Tenant within thirty (30) days &•om Tenant's receipt of written notice from Landlord (provided this thirty (30) day cure period shall be extended for such reasonable period dof time as is necessary to cure the default, if the alleged default is not reasonably capable of cure within said thirty(30) dayperiod and Tenant commences and continues to diligently cure the alleged default). 9.2 LANDLORD'S REMEDIES. Upon Tenant's default hereunder Landlord may exercise the following options A. Termination of Possession. Terminate Tenant's right to possession under this Sublease and reenter and take possession of the Premises and relet or attempt to relet the Premises on behalf of Tenant, at such rental and upon such terms and conditions as Landlord tray, in the exercise of Landlord's reasonable discretion, deem best 21 F under the circumstances. Landlord shall not be deemed to Have thereby accepted a surrender of the Premises and Tenant shall remain liable for all rental and other charges due under this Sublease. At any time during such repossession or re letting, Landlord may, by delivering written notice to Tenant, elect to exercise its option under the following Section to accept a surrender of the Premises, terminate and cancel this Sublease and retake possession and occupancy of the Premises on behalf of Landlord:' B. Termination of Sublease. Declare this Sublease to be terminated, and reenterupon and take possession of the Premises by any lawful means, whereupon the term hereby granted and all right, title, and interest of Tenant in the Premises shall terminate. Such termination shall be without prejudice to Landlord's right to collect from Tenant any rental or other charges or sums that have accrued prior to such termination. Notwithstanding the foregoing, upon such termination and re -entry by Landlord, Tenant shall be forever released from any and all farther obligations hereunder. C. Other Remedies. Exercise any and all rights, remedies, and privileges that Landlord may have under applicable law, or this Sublease are cumulative and not exclusive. 9.3 DEFAULT OF LANDLORD:' A. Events of Default. Landlord shall be in default under this Sublease if Landlord fails to perform any of its obligations or breaches any of its covenants contained in this Sublease in any material respect and said failure or breach continues for a period of thirty (30) days after written notice from Tenant to Landlord (provided this thirty (30) day period shall be extended for such reasonable period of time as is necessary to cure the default, if the alleged default is not reasonably capable of cure within the thirty (30) day period and Landlord conunerces and Continues diligently to cure said default). B. Tenant's Remedies. If Landlord is in default under this Sublease, Tenant may commence an independent action against Landlord for any remedy available to Tenant at law or in equity, all such remedies to be cumulative and non - exclusive. Iii addition to all other remedies at law or in equity, Tenant shall have the right to terminate this Sublease or vacate the Premises in the event of a breach of any provision of Sections 1.2 and 1.4 hereof. In addition to the foregoing remedies, Tenant shall have the right of setoff against Rent for any damages that Tenant may have sustained by reason of Landlord's default tinder this Sublease. In addition, should Tenant obtain a monetary` judgment against Landlord, Tenant may offset such judgment against all Base Rent and Additional Rent and other sums next due under this Sublease until Tenant has fully recovered the amount of such judgment. C. Remedies Cumulative and Non Exclusive. The rights and remedies of Tenant set forth in this Section 9.3 and elsewhere in this Sublease are cumulative and not exclusive and are in addition to any remedy Tenant may have at law or in equity (including the right to injunctive relief) all of which shall be cumulative. D. Limitations on Landlord's Liability. Notwithstanding anything to the contrary contained in this Sublease,. in the event of any default or breach by Landlord with respect to any of the terms, covenants and conditions of this Sublease to be observed, honored or performed by Landlord, Tenant shall look to Landlord's ownership interest in the Development and the rents, profits and insurance, condenuiation and other proceeds payable to Landlord with respect to the Development for the collection of ar y judgment (or any other• judicial procedures requiring the payment ofinoney by Landlord) and no other property or assets of Landlord shall be subject to levy, execution, or other procedures for satisfaction of Tenant's remedies. The foregoing limitation of liability shall not apply to claims by Tenant resulting from (i) Landlord's failure to carry the insurance required under this Sublease; (ii) Landlord's nusappropriation or misapplication of insurance or condemnation proceeds; or (iii) Landlord's fraud. 9.4 DISPUTE OVER TENANT OFFSET, Prior to offsetting any amount against Rent under this Sublease, Tenant shall give written notice to Landlord (the "Offset Notice ") of Tenant's intent to offset. Any Offset Notice shall include the amount of the offset claimed and the basis for the offset claimed. Landlord shall have the right to dispute, in accordance with this Section 9.4, any offset to Rent claimed by Tenant, except for an offset of a monetary judgment (as provided for in Section 9.313) or an offset otherwise pursuant to a court order or an arbitration award. To 22 :r.:,'^- _ .. P_... �, _�,- .,�- e.- �-= ��,_��i �.. M..t.< contest an offset Landlord must, within ten (10) days of the Offset Notice, provide notice to Tenant that Landlord disputes all or a portion of the offset (the "Offset Dispute Notice"). Landlord may only give the Offset Dispute Notice if Landlord, in good faith, believes that Tenant is not entitled to all or any part of the offset claimed in the Offset Notice. Any Offset Dispute Notice shall outline the specific items of the offset objected to by Landlord (the "Disputed Charges ") and the specific reasons for the objection. To be effective, the Offset Dispute Notice must be accompanied by Landlord's payment of the portion of the offset not disputed or include an authorization for Tenant to offset against Rent the portion of the offset not disputed. As to the Disputed Charges, the parties shall, within the thirty(30) day period following the Offset Dispute Notice, attempt to reach agreement upon the amount owed. During the dispute resolution period, including anytarbitration, Tenant shall, subject to the other terms of this Sublease, continue to pay the Rent otherwise due under this Sublease. If the parties are unable to reach an agreement within the thirty (30) day period, the matter shall be settled by binding arbitration by an arbitrator agreed upon by the parties or, if the parties are unable to agree, by a neutral (i.e. having no prior association with either party) arbitrator appointed by the American Arbitration Association or local arbitration association. Any arbitrator shall be a licensed attorney with substantial experience in conul ercial leases. Landlord and Tenant agree to use diligent good faith efforts to have the arbitrator appointed within sixty (60) days following the Offset Dispute Notice and to complete the arbitration within one hundred twenty (120) days following the Offset Dispute Notice. All costs of the arbitration (including the fees of the arbitrator, but not attorneys fees) shall be paid by the non- prevailing party. For these purposes, the term "non - prevailing party" will mean Tenant if the arbitrator finds that Tenant was not entitled to an offset; otherwise' it shall mean Landlord. The arbitrator's determination as to whether one party is a "prevailing party" or a "non- prevailing party" will be binding on the Landlord and Tenant, If the arbitrator does not make a determination that one party, or the other, is a "non- prevailing party ", then the costs of the arbitration shall be paid half by Tenant and half by Landlord. The amount finally agreed upon or found to be due Tenant by arbitration, together with interest at a rate of 1.25% per month (or part thereof)„ accruing on the unpaid amotunt due Tenant from the date of the Offset Notice, shall be paid within ten (10) business days of such agreement or finding, failing which Tenant may thereafter beginrto offset all Rent due under this Sublease until the entire amount due has been recovered. Provided that Tenant complies with this Section, Landlord shall not be entitled to claim a default under this Sublease as a result of an offset by Tenant. 9.5 DISPUTE OVER TENANT ABATEMENT. Prior to abating any amount against Rent under this Lease, Tenant shall (i) give written notice to Landlord (the "Abatement Notice ") of Tenant's intent to abate, and (ii) follow the procedures set forth in this Section 9.5, Any Abatement Notice shall include the amount of the abatement claimed and the basis for the abatement claimed. Landlord shall have the right to dispute, in accordance with this Section 9.5, any abatement to Base Rent asserted by Tenant, except for abatement pursuant to a court order or arbitration award. To contest an abatement Landlord must, within ten (10) days of Tenant's notice to Landlord that it intends to abate Base Rent, provide notice to Tenant that Landlord disputes all or a portion of the abatement (the "Abatement Dispute Notice "). Landlord may only give the Abatement Dispute Notice if Landlord, in good faith, believes that Tenant is not entitled to all or any part of the abatement claimed. Any Abatement Dispute Notice shall outline the specific reasons that Landlord believes Tenant is not entitled to the abatement claimed by Tenant and shall` include'' an express authorization for Tenant to proceed with any portion of the abatement not disputed by Landlord. The parties shall, within the thirty (30) day period following the Abatement Dispute Notice, attempt to reach agreement on what abatement (if ally) Tenant is entitled to under this Lease. During the dispute resolution period, including any arbitration, Tenant shall pay (as and when it would otherwise bel due under this Lease) the Base Rent which Tenant contends should be abated to Landlord. If the prior association. association. Ann Tenant agree to Abatement Dist: Abatement Dispi be paid by the i arbitrator, i Landlord': The a be binding on thi amount of days of tin, -h an agreement within the thirty (30) day period, the :matter shall be settled by binding r agreed upon by the parties or, if the parties are unable to agree, by a neutral (i.e. having no ier party) arbitrator appointed by the American Arbitration Association or local arbitration r shall be a licensed attorney with substantial experience in connniercial leases. Landlord and ,nt good faith efforts to have the arbitrator appointed within sixty (60) days following the -e and to complete the arbitratiorn within one hundred' twenty (120) days following the ;. All costs of the arbitration (including the fees of the arbitrator, but not attorneys fees) shall fling party. For these purposes, the term "non- prevailing party" will mean Tenant if the nt was not entitled to all or a majority of the claimed abatement; otherwise it shall mean determination as to wliether one party is a "prevailing panty" or a "non - prevailing party" will 3 and Tenant. If the arbitrator does not make a determination that one party, or the other, is a en the costs of the arbitration shall be paid half by Tenant and half by Landlord. The total warded'' relating to periods prior to award shall be paid by Landlord to Tenant within tell (10) and (failure of which Tenant may offset the amount against Rent due snider the Lease) and W VRRWM- k 23 W VRRWM- additional awards shall be offset against and recovered from Rent due under this Lease following the arbitration award; in the manner provided for by the arbitration award. Provided that Tenant complies with this Section, Landlord shall not be entitled to claim a default under this Lease as a result of an abatement by Tenant. ARTICLE X - ACCESS BY LANDLORD 10.1 RIGHT TO ENTER. Landlord or Landlord's agents shall have the right to enter the Premises upon reasonable notice and during Tenant's non-business hours, accompanied by Tenant's representative, to show the Premises to prospective purchasers of the Development and to make such reasonable repairs to the Premises as Landlord Inay deem necessary and which are Landlord's responsibility (or Landlord is entitled to perform) tender this Sublease. During the ninety (90) day period immediately preceding the expiration of the Tenn, Landlord may show the Premises to prospective tenants during normal business hours, upon reasonable notice and accompanied by Tenant's representative. Landlord agrees to take all reasonable steps to ninirize any interference in Tenant's business operations as a result of such entry. Landlord shall be allowed to take all material into and upon the Prenises that may be required for all reasonable repairs to be made by Landlord under this Sublease, without die same constituting an eviction of Tenant. Landlord shall use its best reasonable efforts to do all repairs when Tenant is not open to the public and to conduct all such repairs in a manner so as to minnnize any disruption to Tenant's business. In the event that as a result of such repairs Tenant's business ceases operation, Tenant shall be allowed to abate all Base Rent and Additional Rent due hereunder for such time period. Nothing in this section shall be deemed to impose upon Landlord any obligation for the care, rnnaintenance or repair of the Prenises, such obligation being set forth elsewhere i tlis Sublease. ARTICLE XI — CONDEMNATION 11.1 CONDEMNATION. If during the Term of this Sublease, the whole of the Premises or the Coninon Areas are condennned or taken in any mariner for public use, or if a portion of the Premises or the Common Areas (including access to the Conunon Areas) are coindennned or taken in any manner or degree to an extent that constitutes an unreasonable interference with Tenant's business operations (as determined by Tenant, in its reasonable discretion), then in either event Tenant may elect to terminate this Sublease as of the date of the vesting of title in the condemning authority. As used in this Article, a condemnation or taking includes a deed given or transfer made in lieu thereof. 11.2 AWARD. Landlord shall be entitled to that portion of the condennnation award attributable to Landlord's fee interest. Tenant shall be entitled to that portion of the condennnation award attributable to Tenant's leasehold interest, Tenant's improvements and fixtures on the Premises, all business damages, and relocation costs. In the event a portion of Landlord's award is attributable to any items to which the Tenant is entitled as set forth above, then Landlord shall pay such surns to Tenant within ten (10) days of receipt of the coidenniation award. 11.3 RESTORATION. If Tenant does not elect to terminate this Sublease, then Landlord shall continence restoring the Premises and Common Areas as soon as reasonably possible and thereafter proceed with diligence to complete such restoration as soon thereafter as is practicable, but in no event later than one hundred eighty (180) days after the date title vests in the condertiing authority. If Landlord fords replacement space for the Conrnoi Areas or Premises in a form reasonable' satisfactory to Tenant, in Tenant's sole discretion, then Landlord shall nrnnediately continence the necessary improvements and shall at its cost, restore the Conunon Areas or Prenises' to the same condition as existed prior to such taking. Tenant shall, upon delivery of the Premises by Landlord, complete its work as soon thereafter as is practicable, but hi no event later than ninety (90) days after delivery by Landlord. During the tirne period of such restoration work Tenant shall j receive a proportionate reduction in Base Rent and Additional Rent until all facilities are restored, wiless Tenant is tunable, as determined in its reasonable' discretion, to continue operating its business hi the Premises, in which event all Base Rent and Additional Rent shall abate until Tenant reopens for business. s1 r 24 i i i . ,:, ��i',,� ... •. �}. a.r-° ,�;;-'" �. ,�,. ... -:.,, , . ,..,....+:� _ 7 � :�.. -rTU"'� r , �', i;s;�°!'�'s.. ,.'�°��',= €,,av�"�z, w _�- �r�;;�isc.. x ,.� ",. ,�* s�.���'��,�i;*�,`,'�.*"' :nom* y",�,�. �s".,.> e�'� -'- .. ARTICLE X11 - DESTRUCTION OF PREMISES 12.1 TER11'IINATION. If the Premises are totally destroyed by fire or other casualty or if the Premises are partially destroyed to an extent that constitutes an unreasonable interference in Tenant's business operations (as determined by Tenant, in Tenant's reasonable discretion), alien Tenant shall have the option of terminating this Sublease upon written notice to Landlord within sixty (60) days after such casualty loss; in which event Rent and all other obligations herein shall cease as of the date of such casualty, and neither Landlord nor Tenant shall have any father obligations or rights hereunder. 12.2 RESTORATION. In the event of fire or other casualty and Tenant elects to continue tinder this Sublease as hereiinabove provided, then Landlord shall be required to restore the Premises to the same or better condition as existed prior to such fire or other casualty. Landlord shall commence restoration of the Premises as soon as reasonably possible and thereafter proceed with diligence to complete such restoration as soon thereafter as is practical, but in no event later than one hundred eighty (180) days after the date of casualty. Tenant shall, upon delivery of the restored Premises by Landlord, complete its work as soon thereafter as is practicable, but in no event later than ninety (90) days after delivery by Landlord. Tenant shall receive a proportionate reduction in the Base Rent and Additional' Rent from the date of such casualty until all facilities are restored, unless Tenant is Tunable, in its reasonable discretion, to continue operating its business hi the Premises, in which event all Base Rent and Additional Rent shall abate until Tennant reopens for business. ARTICLE XIII - REPRESENTATIONS AND WARRANTIES 13.1 TENANT. Tenant hereby represents and warrants to Landlord that: (i) Tenant is a duly authorized and validly existing Florida limited partnership qualified to do business in the State of Florida; (ii) Tenant has the full right and authority to enter into this Sublease; (iii) each of the persons executing this Sublease on behalf of Tenant is authorized to do so; and (iv) this Sublease constitutes a valid and legally binding obligation of Tenant, enforceable in accordance with its terms. 13.2 LANDLORD. Landlord represents and warrants to Tenant that: (i) the Landlord has a leasehold interest in the Development pursuant to that certain Ground Lease dated March 11, 2006, between Landlord, as Lessee and the City of South Miami, a municipality of Miami -Dade County, Florida as Lessor (herein "Master Landlord ") (collectively the "Master Lease"), as attached herein as Exhibit "G"; (ii) Landlord is not party to and to the best of Landlord actual knowledge, except for agreements encumbering the Development and recorded in the public records, there are no agreements, contracts, covenants, conditions or exclusions which would, if enforced, prohibit or restrict the operation of the Premises for the Intended Use; (iii) Landlord is a duly authorized and existing; corporation under the laws of the State of Florida and is qualified to do business in the State of Florida; (iv) Landlord has the full right and authority to enter into this Sublease; (v) each of the persons executing this Sublease on behalf of Landlord is authorized to do so; and (vi) this Sublease constitutes a valid and legally binding obligation of Landlord, enforceable in accordance with its terms. ARTICLE XIV - ESTOPPEL CERTIFICATE, SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT 14.1 ESTOPPEL CERTIFICATE. At any time and from time to time either party, upon request of the other party, will execute, aclalowledge and deliver an instrument, stating, if the same be true, that this Sublease is a true and exact copy of the Sublease between the parties hereto, that there are no amendments hereto (or stating what an endnnents there may be), that the same is then in full force and effect and that, to the best of its knowledge, there are no offsets, defenses or counterclaims with respect to the payment of Rent hereunder or in die performance of the other terms, covenants and conditions Hereof on the pant of Tenant or Landlord, as the case maybe, to be performed, and that as of such date no default has been declared hereunder by either party or if so, specifying the same. Such 'instrument will be executed by the other party and delivered to the requesting party within fifteen (15) days of receipt of a request therefor. 25 / r' �t ?wm R" •r, 14.2 TENANT SUBORDINATION, ` NON - DISTURBANCE AND ATTORNMENT AGREEMENT FOR FUTURE MORTGAGES, Tenant agrees to subordinate its interest in this Sublease to any future mortgage or deed of trust encumbering the Premises and held by an institutional mortgagee by the execution of a SNDA in a form as may be approved by Tenant (which shall be based upon Tenant's form of SNDA), which SNDA shall also be executed by such future mortgagee and Landlord. Tenant's interest in this Sublease shall not be subordinate to any future mortgage or deed of trust except as expressly provided in such fully executed SNDA. 14.3 LANDLORD SUBORDINATION. Landlord hereby expressly subordinates any and all claim, right, lien (including, without limitation, any common law or statutory Landlord's lien), title and security interest in and to all furniture, goods,; equipment and personal property of Tenant to the security interest of Tenant's lender, if any, either existing as of the execution date of this Sublease or thereafter. Landlord further agrees to promptly execute any subordination agreement reasonably requested of Landlord by Tenant's lender. ARTICLE XV - HAZARDOUS SUBSTANCES 15.1 TENANT'S REPRESENTATION. Tenant shall not cause or permit any Hazardous Substance to be used, stored, generated, or disposed of on, in or about the Premises (except those conirnonly,or properly used in connection with the operation of a restaurant and Nvinich are used in accordance with all applicable goverrmlental laws and regulations), without obtaining Landlord's prior written consent. If the Premises become contaminated in any manner as a result of any breach of the foregoing covenant or any act or omission of Tenant or any of its agents, employees or contractors, Tenant shall indemnify, defend and hold harmless Landlord from any and all claims, demands, actions, damages, fines, judgments, penalties, costs (including attorneys', consultants', and experts' fees), liabilities, losses and expenses- arising 'during or after 'the terns of this Sublease and arising as a result of such contamination. This indemnification includes, withouthinitation, any and all costs incurred due to any investigation ofthe site or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Iazardous Substance on, in, or about the Premises that results in contamination, Tenant, at its sole expense, shall complete all required clean up, removal and remediation. Tenant shall first obtain Landlord's approval for any such remedial action. Notwithstanding the foregoing, this indemnification shall only apply to contamination by Hazardous Substances resulting from Tenant's use and operation of the Prenuses. Nothing Herein contained shall be held to nndenninify Landlord from liability or to create any liability on Tenant for Hazardous Substances contamination resulting from Landlord's ownership, use or operation, or the use or operation by any third party in, on or under the Premises or the Development. 15.2 LANDLORD'S REPRESENTATION. Landlord represents and warrants that no Teak, spill, discharge, emission or disposal of Hazardous Substances has occurred on the Premises or Development and that the soil, groundwater, soil vapor on or under the Premises and Development is free of Hazardous Substances as of the Effective Date. Landlord agrees to provide to Tenant a copy of all environmental audits and reports with respect to the Development within its possession or available to it within five (5) days of the Effective Date. Landlord covenants and agrees, at its sole cost and expense, to inndenunify, protect, defend and save Tenant harmless against and f3•orn'any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses (including, without limitation, attorneys' and experts' reasonable fees and disbursements) of any kind or nature whatsoever which may at anythne be imposed upon, incurred by or asserted or awarded against Tenant and arising from or out of any Hazardous Substances on, in, under or:affecting all or any portion of the Premises, which Hazardous' Substances are not the result of Tenant's use or operation of the Premises. 15.3 DEFINITIONS. As used herein, the tennis "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the State in which the Premises are located, or the United States government. "Hazardous Substance includes any and all materials or substances which are defined as "pollutant", "contaminant", , hazardous waste extremely hazardous waste or a hazardous substance pursuant to state, federal or local gover unental law. "Hazardous Substance" includes, but is not limited to, asbestos, polychlorobiphenyls and petroleum. The provisions under this entire Article shall survive the expiration or earlier termination of this Sublease. ARTICLE XVI = MISCELLANEOUS 16.1 NOTICE. Any notice, demand, request or other instrument which may be or is required to be given under this Sublease, whether by a party hereto or on behalf of such party by its legal representative, shall be deemed to be delivered (i) when received (or when receipt is refused) if deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (ii) when received (or when receipt is refused) if delivered personally or sent by a nationally recognized overnight courier, all charges prepaid, at the addresses of Landlord and Tenant asset forth in this Section. Such address may be changed by written notice to the other party in accordance with this Section. The parties acknowledge that copies of any notice sent by facsimile or e-mail are for convenience only, and shall not be deemed to be proper notice required hereunder. If to Landlord: If to Tenant: Mark Riclunarn Properties, Inc. Carrabba'slTropical Coast, Litnited Partnership 18500 NE 5"' Ave: c /o' Carrabba's Italian Grill, Inc. North Mianli, FL 33179' 2202 N. West Shore Blvd,, 5"' Floor Attention: Mark Richnnan Tampa, FL 33607 (305) 389 -7830 Phone Attention: Real Estate Manager (305) 652 -7017 Fax (813) 282 -1225 Phone (813) 282 -9195 Fax and George McArdle, Esq. and McArdle, Perez, Escoto de Zendegui &: Luaces, RA. Outback Steakhouse, Inc. 201 Alhambra Circle 2202 N. West Shore Blvd., 5"' Floor Suite 702 Tampa, FL 33607 Coral Gables, FL 33131 Attention: General Counsel (305) 442 -2214 (813) 282 -1225 Phone (305) 442 -2291 Fax (813) 281 -2114 Fax 16.2 WAIVER. The waiver by Landlord or Tenant of any breach or default of any term, covenant or condition shall not be deemed to be a waiver of any subsequent breach or default of the same or anyothmer term, covenant or condition, nor shall the acceptance or paymentof Rent or -other payment be deemed to be a waiver of anysuch breach or default. No tenli, covenant or condition of this Sublease shall be deemed to have been waived by Landlord or Tenant, unless such waiver is in writing. 16.3 CAPTIONS AND SECTION NUMBERS. The captions and section numbers appearing in this Sublease are inserted only as a matter of convenience and in no waydefine, limit, construe or describe the scope or intent of such sections. 16.4 ENTIRE AGREEMENT. This Sublease and any attaclnnents hereto and forming a part hereof set forth all the covenants, pronmises, agreements, conditions, and understandings between Landlord and Tenant concerning the Prenmises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, other than as herein set forth. No subsequent alteration, amendment, change or addition to this Sublease shall be binding upon Landlord or Tenant until reduced to writing and signed by Landlord and Tenant. 16.5 TENANT AND LANDLORD DEFINED USE OF PRONOUN. The words "Tenant" and "Landlord" shall mean each party mentioned as Tenant or Landlord herein, whether one or snore, and their respective heirs, executors, adnministrators, successors, and assigns. If there is more than one party any notice required or perinitted may be given to any one thereof, and such notice to one shall be deemed notice to all, unless multiple notices are required by Section 16.1. The use of the singular pronoun to` refer to Tenant or Landlord shall be deemed proper regardless of the number of parties. 27 16.6 PARTIAL INVALIDITY. If any term, covenant or condition of this Sublease, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Sublease or the application of such term, covenant, or condition to persons or circumstances other than those as to which it was held invalid or unenforceable, shall not be affected thereby and each tern, covenant, or condition of this Sublease shall be valid and be enforced to the fullest extent permitted by law. 16.7 APPLICABLE LAW. This Sublease shall be construed according to the laws of the State in which the Premises are located. 16.8 RECORDING. Upon request by Landlord or Tenant, the other party shall execute a Memorandum of this Sublease in the form of Exhibit "E" attached hereto to be recorded by Landlord or Tenant in the public records at the recording party's expense. 16.9 COSTS OF ENFORCEMENT. In the event that Landlord or Tenant shall bring an action to recover any sum due hereunder or for any breach hereunder and shall obtain a judgment in its favor, or in the event that Landlord or Tenant retain an attorney for the purpose of collecting any sum due hereunder or construing or enforcing any of the terms or conditions hereof or protecting their interest in any bankruptcy, receivership, or insolvency proceeding or otherwise, againststhe other, the prevailing party shall be entitled to recover all reasonable costs and expenses incurred, including reasonable attorneys' and legal assistants' fees prior to trial, at trial, and on appeal and for post - judgment proceedings. 16.10 SUCCESSORS. The provisions of this Sublease shall inure to the benefit of and be binding upon the respective heirs, executors, aduri istrators, successors, and assigns of Landlord and Tenant. 16.11 FORCE MAJEURE. In the event that either party hereto shall be delayed or hindered in orprevented from the performance required hereunder (other than the payment of mollies) by reason of strikes, lockouts, labor troubles, failure of power, riots, insurrection, war, acts of God, or other reason of like nature not the fault of the party delayed in performing work or doing acts (hereinafter "Permitted Delay "), such party shall be excused for the period of time equivalent to the delay caused by such Permitted Delay. Notwithstanding the foregoing, any extension of time for a Permitted Delay shall be conditioned upon the party seeking an extension of time delivering written notice of such Permitted Delay to the other party within ten (10) days of the event causing the Permitted belay, and the maximum period of time which a party may delay any act or performance of work due to a Permitted Delay shall be sixty (60) days. 16.12 BROKERS. Tenant and Landlord represent and warrant to each other that they have not consulted or contacted any agent, broker, or finder in connection with this Sublease, other than Property Pro and The Conuas Company of Florida, Inc. (collectively "Broker"), whose fees and conunissions shall be paid by Landlord. Landlord and Tenant agree to defend, indemnify and hold the other harridess fronn any and all claims for compensation or commission in connection with this Sublease by any broker, agent, or finder (other than Broker) claiming to have dealt with such party. 16.13 LANDLORD'S RIGHTS. All rights reserved to Landlord under this Sublease shalibe exercised in a reasonable manner and in a manner so as to minimize any adverse impact to Tenant's business or Tenant's use or enjoyment of the'Prernises. 16.14 CONSENT. Except as expressly set forth in this Sublease, whenever a party's consent is requested under or in connection with this Sublease; such consent shall not be unreasonably withheld, delayed or conditioned. 16.15 AUTHORITY TO AMEND. Landlord acknowledges and agrees that so long as any affiliate of Carrabba's Italian Grill, Inc. is a general partner or member of Tenant or Tenant's general partner (the "Carrabba's Affiliate "), any amendment or modification of or waiver or consent ruder this 'Sublease must be executed by the Carrabba's Affiliate to be binding on Tenant. The Carrabba's Affiliate reserves the right, on behalf of Tenant, to void any amendment, modification, waiver or consent which it did not execute or otherwise join in. 28 .. ar . tom"' 16.16 TIME REQUIREMENTS. For purposes of al time requirements and limits Hereunder, any time requirement reference to days other than "business days" shall mean actual "calendar days" which shall include each day after the day from which.the period conune ices. All time requirements referenced as "business days" shall include each day after the day from which the period commences excluding any Saturday, Sunday or legal holiday. If the final day of any such time period falls on a Saturday, Sunday or legal Holiday in the jurisdiction where such the Premises are located or the jurisdiction to which notices to Landlord or Tenant are to be sent, such period shall extend to the first business day thereafter. [The remainder of this page intentionally: left blank.] i i 29 r' IN WITNESS WHEREOF, Landlord and Tenant have executed this Sublease effective as of the Effective Date. WITNESSES: Mark Richman Properties, Inc., a Florida col L'ation l -�I , -� B FI Name: ,-- _ Title: ` Date: "Landlord" Carrabba's /Tropical Coast, Limited Partnership, a Florida limited partnership By: Carrabba's Italian Grill, Inc., at ion, general partner ZaFllo�rda-,75�7i?(br B Name: Karen C. Brenner Title: Authorized Agent i Date: "Tenant" G:ICARRABBA'S PGNDING\South Miami, FLT- neution 032706 f ial.doc i i 30 j ,a Joinder of Master Landlord The "tuidersigned, City of South Miami ( "Master Landlord "), hereby joins in this Sublease and agrees with and for the benefit of Tenant as follows: (i) Master Landlord is the fee owner of the Development; (ii) the term of the Master Lease shall conrnence on the Lease Commencement Date _ and shall expire on the date which is fifty(50) years following the Lease Commencement Date unless renewed or extended pursuant to the terms and provisions of the Master Lease; (iii) the Master Lease is in full force and effect; and (iv) no uncured default has occurred under the Master Lease with respect to Master Landlord's or Landlord's duties and obligations thereunder and no event of default has occurred under the Master Lease which, with the giving of notice and/or passage of time, would constitute an event of default under the Master Lease. The undersigned, being the "Master Landlord under the Master Lease, agrees' as follows: 1. Master Landlord shall trot, in the event of the termination of the Master Lease or in connection with the exercise of any right, remedy or privilege granted by the Master Lease, or otherwise available to Master Landlord under the Master Lease, at law or inequity, disturb Tenant's possession or any of Tenant's other rights under this Lease or any of the terms or provisions of this Lease, so long as Tenant is not in default of any material provision of this Lease (beyond the expiration of the applicable notice and cure period) of the time of such termination or at the time the Master Landlord exercises such right, remedy or privilege. Without limitation of the foregoing, the Master Landlord agrees;' so long as Tenant is not in default of any material provision of this Lease (beyond the expiration of the applicable notice and cure period), (i) that Tenant shall not be named as a party to any proceeding instituted by the Master Landlord for the termination of, or in connection with the exercise of any other remedy tinder, the Master Lease; (ii) that the termination of the Master Lease will not affect Tenant's rights under this Lease (included, but not limited to Tenant's renewal options); and (iii) that in the event of the termination of the Master Lease, this Lease will, subject to Section 4 below, continue in full force and effect as a direct lease between Tenant and Master Landlord. It is the intent and agreement of Master Landlord that this Lease and all of its terms will be fully honored by Master Landlord, regardless of the terms of, or any default under, or the ternnation of the Master Lease. 2. Master Landlord hereby covenants and warrants to Tenant that Tenant shall peacefully and quietly have, hold and enjoy the Premises free', of any clairns or interference arising by, through or under Master Landlord, under and subject to all the terms of this Lease, including, but not limited to, this Joinder of Master Landlord. �. Master Landlord hereby represents and warrants to Tenant that there is no mortgage or deed of host encumbering its fee interest in the Development. 4. In the event that Master Landlord becomes the Landlord under this Lease, as a result of the termination of the Master Lease, Master Landlord shall not be; (a) liable for any default under this Lease by any prior .landlord; provided that this is not intended to release any Master Landlord from the obligation to cure any default condition that exists as of the date the Master Landlord becomes the Landlord under; the Lease, subject, however, to the Master Landlord being provided the notice and opportunity to cure such default provided for in the Lease; or (b) bound by any rent or additional rent which Tenant might have paid to any prior landlord more than thirty (3 0) days in advance of its due date under the Lease;: or (c) bound by any amendment to the Lease made without Master Landlord's consent; provided that for purposes of this item, ° an amendment does not include Landlord's agreement to extend any of the time periods provided for in the Lease (for example, Tenant's Inspection Period or Permits and Approvals Period); or (d) bound by any notice given by Tenant to any prior Landlord, whether or not such notice is given pursuant to the terms of the Lease, unless notice is also given to Master Landlord;; or (e) subject to any accrued off -set right, unless expressly provided for by the Lease or by court order; or (0 liable for any security `deposit held by any prior Landlord, unless actually received by Master Landlord. 5. The Master Lease, shall not cover or encumber and shall not be construed as subjecting in any runner to the lied thereof any of Tenant's improvements or trade fixtures, furniture, equipment or other personal property at ally time placed or installed in the Premises. .s t { 6. In the event the Premises or any .part thereof shall be taken for public purposes by condemmnation or transfer in lieu thereof or the same are damaged or destroyed, the rights of the parties to any condemnation award or insurance proceeds shall be determined and controlled by the applicable provisions of the Master Lease Master Landlord's current notice address is as follows: Master Landlord: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 With Copy to: City Attorney for the City of South Miami Nagin Gallop Figueredo 3225 Aviation Avenue, Suite '101 Miami, Florida 33133 7. This Joinder of Master Landlord, shall be binding upon and intiire to the benefit of the successors and assigns of Master Landlord and Tenant. Consented and Agreed to: Master Landlord: City of South Miami, A municipality of Mianmi -Dade Comity, Florida By: Naive. , Title: Date: i I �ti i ��':k^r�°-� ,gym.= .._ --_ � .,E .:.• —��;z �;7.n --., ,...., ,�°r.-- "� -,s -i a,•. , r?rz- -�,,�„^,. .,,c - ,;f—, -��,��.� "`.�* -., ,�',.. ��,�.d. [-M x�,. r�';��°`'?�e,,FF+?p, $o u T South Miami �• Au- AMcaM INCORPORATES CITY OF SOUTH MIAMI I r fi 1927 A OFFICE OF THE CITY MANAGER L ° Ito INTER - OFFICE - MEMORANDUM 2001 To: The Honorable Mayor'Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manage From: Don O'Donniley, Planning Director Date: April 18, 2006 Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 2.26.11(F) OF THE CODE OF ORDINANCES IN ORDER TO PROVIDE THAT THE TERM OF OPERATION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE SHALL BE EXTENDED AND SETTING FORTH A TERM OF OFFICE FOR COMMITTEE MEMBERS; PROVIDING FOR SEVERABILTY:' PROVIDING FOR ORDINANCES !IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE Request: The ordinance creating the affordable housing advisory committee provides that the committee's term shall be one year, unless extended by the City Commission (City Code Section 2.26.11f ). The attached revised ordinance contains the wording adopted on first reading stating that the committee term should' be extended until December 30, 2006. That wording was revised on second reading to read that the term of the committee shall "be until the project is completed" The attached ordinance also provides that the term of office for committee members shall two years. be adopted on second reading. It is recommended that City Code Section 2.26.11 (f) be amended to read that the Affordable Housing Advisory Committee's term will be extended until the project is completed and that the committee members shall serve two year terms. Backup Documentation: Proposed ordinance City Commission Staff Report 4 -4 -06 Ord. No. 08 -05 -1830 Public notices YSM /DOD /SA EAComm Items\2 = 06Wfford housing Comm Extension Report.doc 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 5 2.26.11(F) OF THE CODE OF ORDINANCES IN ORDER TO 6 PROVIDE THAT THE TERM OF OPERATION OF THE 7 AFFORDABLE HOUSING ADVISORY COMMITTEE SHALL BE 8 EXTENDED- AND SETTING FORTH A TERM OF OFFICE FOR 9 COMMITTEE MEMBERS; PROVIDING FOR SEVERABILTYa 10 PROVIDING FOR ORDINANCES IN CONFLICT; AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the City of South Miami Comprehensive plan encourages the 14 development of affordable housing in order to respond to the housing needs of the 15 community; and, 16 17 WHEREAS, the South Miami City Commission at its April 9, 2005 18 meeting adopted Ordinance No. 08 -05 -1830 amending the Code of Ordinances in order 19 to create an affordable housing advisory committee for the general purpose of researching 20 effective affordable housing measures implemented in other municipalities and acting as 21 a local resource to the City will help the City respond to community needs; and 22 23 WHEREAS, the affordable housing advisory committee has been meeting 24 for almost one year and has contributed significantly to formulating the City's affordable 25 housing policies and research; and 26 27 WHEREAS, City Code Section 2.26.11(f) states that the affordable 28 housing advisory committee's term shall be one year, unless extended by the City 29 Commission; and 3'0 311 WHEREAS, City Code Section 2.26.11'(f) does not provide for a specific 32 term of office for the members of the committee; and 33 3.4 WHEREAS, the affordable housing advisory committee still has 35 additional remaining duties to assist the City to respond to State comments on the 36 Evaluation and Appraisal Report and on the affordable' housing initiatives being proposed 37 by Miami -Dade County. 38 39 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY 40 COMMISSION OF THE CITY OF -SOUTH MIAMI, FLORIDA; 41 42 Section 1. Section 2.26.11(f) of the Code of Ordinances shall be amended 43 to read, as follows: 1 (2) 2 3 „�o��, ov+a„aoa �.�> +>10 (f) Term. The Term of the Committee shall be year Y �__e 4 City cff ffnisstie -1110d _ T, . �.., .: 30 - - - - ; until the prof ect is completed. 5 The members of the Committee shall serve a two year term. 6 7' 8 Section 2. "If any section, clause, sentence, or phrase of this ordinance is for any 9 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 10 shall not affect the validity of the remaining portions of this ordinance. 11 12 Section 3. All ordinances or parts of ordinances in conflict with the provisions 13 of this ordinance are repealed. 14 15 Section 4. This ordinance shall take effect immediately upon adoption. lb 17 PASSED AND ADOPTED this day of , 2006: 18 19 ATTEST: APPROVED: 20 21 22 CITY CLERK MAYOR 23 24 lst Reading 25 2nd Reading — 26 3rd Reading - 27 28 COMMISSION MMISSION VOTE: 29 READ 'I AND APPROVED AS TO FORM Mayor Feliu: 30 Vice Mayor Wiscombe: 31 Commissioner Palmer: 32 CITY ATTORNEY Commissioner Birts: 33 Commissioner Beckman: 34 35 36 37 38 39 4� 43 44 EA Comm Items\2006 \4- 18- 06\Affordable Housing Committee Extension Ordinance.doc I, UT South Miami Al • INCORPORATED '.... 1927 R 1 Q 2001 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER To: Honorable Mayor, Vice Mayor and Date: March 21, 2006 Commission Members From: Yvonne S. McKinley; ITEM No. Acting City Manage Re: Extending Term of Affordable Housing Advisory Committee ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 226.11(F) OF THE CODE OF ORDINANCES IN ORDER TO PROVIDE THAT THE TERM OF OPERATION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE SHALL BE EXTENDED; PROVIDING FOR SEVERABILTY: PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The South Miami City Commission of its April 9, 2005 meeting adopted Ordinance No. 08 -05 -1830 amending the Code of Ordinances in order to create an affordable housing, advisory committee for the general purpose of researching effective affordable housing measures implemented in other municipalities and acting as a local resource to the City will help the City respond to community needs. The committee has been meeting for almost one year and has contributed significantly to formulating the City's affordable housing policies. i The ordinance creating the affordable housing advisory committee provides that the committee's term shall be one year, unless extended by the City Commission (City Code Section 2.26.11f ). The committee still has additional remaining duties to assist the City to respond to State comments on the Evaluation and Appraisal Report and on the affordable housing initiatives being proposed by Miami Dade County. RECOMMENDATION It is recommended' that City Code Section 2.26.11(f) be amended to read that the Affordable Housing Advisory Committee's term will be end on December 30, 2006. The attached ordinance should be approved on first reading. Attachmens: Proposed ordinance Ord. No. 08 -05 -1830 Public notices YSM /DOD /SAY EAComm Items\2006 \3- 21- 06\Afford Housing Committee Extend Report.doc 9 a ORDINANCE NO. 08-05-1830 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 'BOARDS; AND CREATING SEC. 2 -26.11 ENTITLED "THE AFFORDABLE HOUSING ADVISORY COMMITTEE "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami Comprehensive plan encourages the development of affordable housing in order to respond to the housing needs of the community; and, WHEREAS, private industry alone has not generated sufficient affordable housing units to meet community needs and achieve the City's goal of assuring the "availability of sound and affordable housing" for all City of South Miami residents; and WHEREAS, an affordable housing advisory committee created for the general purpose of researching effective affordable housing measures implemented in other municipalities and acting as a local resource to the City will help the City respond to community needs; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City of South Miami does hereby establish the Affordable Housing Advisory Committee. Section 2. Sec. 2.26.11 of the City of South Miami Code is created to read:` Sec.2.26.11 The Affordable Housing Advisory Committee (a) Created, composition. There is hereby created The Affordable Housing Advisory Committee. The Committee shall consist of five members. (b) Appointment and qualifications of-Members. The Mayor with the adviVe and consent of the Commission shall be responsible for appointing the members to serve on the Committee. (c) Change in number of members. The number of persons serving on the Committee may be increased or decreased by the city commission. In the event of Additions shown by'underlinin and deletions shown by vefstr-ildng Page 1 of 3 �t Ord. No. 08 -05 -1830 a change in members, the number of members that must be present to constitute a quorum for a meeting shall be half the total members plus one. (d) Chairperson and vice;- chairperson. The chairperson and vice - chairperson shall be elected by the :members of the Committee. The 'members may elect any additional officers that they deem necessary. (e) Duties. The duties of the Committee shall include, but not be limited to: (i) serving in.an advisory capacity to the Planning Board, and the Community Redevelopment Agency, and the City Commission by identifying and evaluating, successful affordable housing projects (ii) consulting with property owners, builders and persons experienced in the development of affordable housing. (iii) assisting the Planning Department by reviewing data and' information collected relative to affordable housing statistics, programs, grants and subsidies. (iv) performing other duties, functions and services as may be requested by the Mayor and City, Commission. (f) Term. The Term of - the Committee shall be one year, unless extended by the City Commission. (g) Goals. The goal of the Committee shall be to submit, for consideration, one or more affordable housing projects or affordable housing' incentive ordinances to meet community needs and achieve the compressive plan's housing goal. ` Section 3. If any section, clause, sentence, or phrase of this ordinance' is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances of parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. The provisions of this ordinance shall be included in the City of South Miami Code of Ordinances. Additions shown by underlining and deletions shown by ever-strikin Page 2 of 3 ,:;rc.=, ,:.,- :. ---- -r..,- ^ -.,^� ,.,,,�, ;�:- ., -M'°* t- ..a-k. ;; -s'a,c „-,.•:. .�^• n,.'.'art-r. .,:,.F^r- -w-; ..,,,..*°`o- -,.. ,', ms.+-rsr, ws*: Ord, No. 08 -05 -1830 Section 6. This ordinance shall take effect immediately upon approved PASSED AND ADOPTED this day of , 2005 ATTEST: APPROVED: CITY CLE O l c Reading - 3/10/05 2nd Reading-4/9/05 COMMISSION VOTE: 5 -0 READ AND ED AS TO FORM: Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Eirts- Cooper: Yea CIT TORNEY Commissioner Sherar: Yea Commissioner Wiscombe: Yea E: \Comm Items\2005\3 -10 -05 \Ordinance Affordable Housingdoc J:\My Documents\resolutionAOrdinance Affordable Housing.doc Additions shown by underlining and deletions shown by eversg Page 3 of 3 YX CITY OF SOUTH MIAMI NOTICE OF PUBLIC {HEARING MIAMI DAILY BUSINESS REVIEW 'NOTICE is HEREBY given`that the City comrriiSSi61LOfthe city of South Published Daily except Saturday, Sunday and Mlaml '' FlOnda will Conduct PUbIiCHeerhgs ai ItsTegul3r City Legal Holidays Commission meeting scheduled for Tuesday Apnt 18 2.00@begimm�g at 7:30 m thm 30 Miami, Miami -Dade County, Florida C Sunset D`nve -fo:; considerthe following items c r fi STATE OF FLORIDA COUNTY OF MIAMI -DADE: AN ORDINANCE OF THE MAYOI;,ANDCITY COMMISSION OF, -THE CITY , SOUT MIAMI, ORIDA` AMENDING Before the undersigned authority personally appeared SECTION 2 26 ii 16Ea, F iE CODE F O tDINANCES IN O.V. FERBEYRE, who on oath says that he or she is She ORDER TO PROVIDE AF IzfHE TER OF OPERATION OF THE OR Y COMMITTEE SUPERVISOR, Legal Notices of the Miami Daily Business SHALL $EEXTENDEb }1<�ID SETTINGFORTH A OF Review f /k/a Miami Review, a daily (except Saturday, Sunday; OFFICE F � and Legal Holidays) newspaper, published at Miami in Miami -Dade OFi .COMMITTEE, EMBERS ;PROVIDI�i&"l FQR ' County, Florida; that the attached copy of advertisement, SEVERABILIT(,�ROVIDING FORORDINANCES .JN CONFLICT ANDPROVIDING FOR AN EF ECTIVE DATE being a Legal Advertisement of Notice in the matter of AN 9 N WEgOF HE�MAYOR AND I f�' COMMMSSION ' OF THE CtTYY OF"A It RAMS, FLT DA gELATING TO A CITY OF SOUTH MIAMI REQUEST TOI,',A ND THE OFFIC�IAL� ONING MAP OF THE z PUBLIC HEARING'- APRIL 18, 2006 CITY; OF SOUT(1.,�MIAMI LANDEVELOPMENT; CODE'BY DESIGNATING ;A SINGLE FAMILY�RESIDENTIAL BUILDING in the XXXX Court, LOCATED AT6133 SW;63rdTERRACE AS AN HISTORIOSITE was published in said newspaper in the issues of • AND BY PLACEMENT-017 PRESERVATION OVERLAY ZONE (HP OVjOVERTHE�EXISTIN(3 ZONING �� 04/07/2006 q USEDISTRICT FORTHISPROPERTY PROVIDING FOR SEVERABILITY *PROVIDING�fOR �ORDIf�ANCES1N CONFLI CT- PROVIDING AN EFFI`GTIVE DATES n Affiant further says that the said Miami Daily Business AN ORDINANCE OF THE MAYOR AND CITYCOMMISSION.y Review is a newspaper published at Miami in said Miami -Dade ; OFA-HE'&ITYI ;OF SOUTH MIAM FLORIDA, R)= EATING Tq A County, Florida and that the said newspaper has REQUEST TO -AMEND THE OFFICIALZONING MAP OF THE heretofore been continuously published in said Miami -Dade County = -Cl T ?,OF SOUTHiMIAMI LANDjDEVELOPMENT BODE BY Florida, each day (except Saturday, Sunday and Legal Holidays) DESIGNATING A SINGLE FAMILYs tESIDENT�AL UILDING and has been entered as second class mail matter at the post = LOCATED AT6500 SVN 60th AVENUE "AS AN HISTORIC SITE 1 office in Miami in said Miami -Dade County, Florida, for a AND BY PLACEMENT`; OF AN'HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE - EXISTING ZONING period of one year next preceding the first publication of the � USEDISTr3ICTFOR 1HIS PROPERTYt'ROVIDINGFOR attached copy of advertisement; and affiant further says that he or SEVERABILITYROVIDINGFORRDINANCES she has neither paid nor promised any person, firm or corporation -`CONFLICT AIVD PROVIDING AN EFFECTIVE DATE any discount, rebate, commission or refund for the purpose _a Of securing this vertise o ublication in the said AN ORDINANCE O-F THE MAYOR ND ,C, TY COMMISSION newspaper. z `'OF,THE CITY_OF SOUTH MIAMI, FLORIDA RELATING AEQUEST TO- AMEND >THE..OFFICIAL'ZONING`MAP OF THE CITYOF SOUTH MIAMI 1AND;:DEVELOPMENT:GODE DESIGNATING A.COMMERGiAL BUILDING *(THESHELLEY, j' .BUILDING) LOCATED AT,.5837= SUNSET':�RIVE AS AN HIS j Sworn to and subscribed before me this TORIC SITE AND BY;PLACEMENT OF AN HISTORICs PRES ERVATION OVERLAY,ZONE (HP,OV) OVEFTHE EXISTING,= 07 0 D.'2 6 BONING USE DISTRICT OI3.THIS PRQPERT�) ,', DING FOR, SEVERABILITY PROVIDING FOR�ORbINANCES IN CONFLICT ANDPFIOVIDINGAN,EFFECTIE TE i > � Above items can be inspected m the City Clerks Ice Monday Friday I during t6g6lar office hours- (SEAL) s �` I I• Mesa If you have any ingwnes on the above demslease contact tfte Planning t�v Commission DD293855 ;and Zoning office at: 3b6-602 T � f O.V. FERBEYRE person no me i a Exp4es March D4 2008 TALL mteresied parties are invited to attend and Will be heard ,rMana M Menentlez CMC - City Clerk. Pursuant to Flonda"Statutes 286 0105 the {Cltyhereby advisesihe public ;that if,a, person decides to: appeal any decisonade_ by this Board,; Agency or Commission with respect to anyy "m after` considered at its' meeting or hearing, he or.she wilf need a record D?the proceetlings and that for such purpose affected person' may need to ensure that a verbafim record of the proceedings is made which record includes the testimony and evidence upon which the a' ppeal is to be based 4/7 ' O6 3 a 2/663831 M V7 as N NEIGHBORS CALENDAR J > - CALENDAR, FROM 3.3 District 1 can apply for the scholarship 1 -3 p.m. Saturdays; Historical Museum Park, 10800 Collins Ave., North Miami admission of $11.50 adults, $10.40 o program. 305- 835 -8835 or of Southern Florida, 101 W. Flagler St., Beach; free; at Skyward Kites; kites seniors, $6,75 children ages 3 -12, Fre 305- 770 -3115. Miami, 305- 375 -1492, www.historical- can be purchased at prices starting at Zoological Society of Florida mem- 7) Gables; free. 305-284-287Z ArtCenter Story Time: Readings of museum.org; free. 305-375-1492 or $5.305- 893 -0906. bers and children under 2. _— 305 - 284 -1603 or send an e-mail to stories followed by art projects based www.historical- museum.org: Slough Slogs: Ranger guided off -trail 305- 251 - 0400. alumni @miami.edu. on the selected stories and exhibi- • Tropical Rhythms, Learn about the tour of the wetlands; t p.m. Saturdays; tions in the gallery for ages 4- 10;10- sounds of the Caribbean and how Everglades National Park, 40001 SUMMER CAMPS FOR KIDS & FAMILIES 11:30 a.m. third Saturdays; ArtCenter they have evolved into musical State Road 9336; main entrance, _ SouthFlorida, 800 LincolnRd., Miami genres: April 15. Southwest Miami-Dade; $15 per per- Alper JCC Summer Campt) pen FasTracKids Education Enrichment: Beach; $10,$5 members. Main Street Players Workshop: Stu- son, $7 children 12 and under. House: Learn about the camps, Whic a ' Children ages 3 -7 can learn about 305- 674 -8278. dents prepare for auditions and are 305- 221 -8776. will be held in June and July; 7:30 p.r g earth sciences and astronomy; 4 -6 El Gallo: Dance presentation by Fred given the opportunity to participate Stepand Drum Battle: Jeen and high April 16; Dave and Mary Alper Jewisl LU p.m. Fridays; FasTracKids Enrichment dick Bratcher and Company, based in the production of Peter Pan school step teams and drumlines will Community Center, 11155 SW 112th I Education Academy, 12517 S. Dixie on folktale El Gallo de.Bodas by through April 18; Main Street Play- participate in competition; 4 -9 Ave., Miami; free; Youth and Adult — Hwy., Miami; free; appointment Lucia M. Gonzalez. Theprogram house, 6766 Main St, Miami Lakes; p.m. April 15; North Miami Beach Per building. 305- 271 -9000, ext.27t E required. 786- 242 -4237 or www.fast includes an interactive segment with $120,$90 members. 954-675-6421: forming Arts Theater, 17011 NE 19th Children's Summer Science Camp: , y trackids.com. the company dancers after the per- • Ages 11-14:4:30-5:30 p.m. Tuesday Ave., North Miami Beach; $10,$7 chil- Children entering second through N Alternative Directions Music Indus- formance;11 a.m. April 15; Coral and Thursday; dren. 305 - 948 -2957. sixth grades can participate in the try Training Program: Provides infor- Gables Junior Woman's Club, 1009 E. •Ages 15-18:5:30-6:30 p.m. Tuesday ; Venom'Week at Metrozoo: Learn camp sponsored by Barry Universi- E mation on sound engineering, video Ponce de Leon Blvd., Coral Gables; and Thursday. about the top 10 deadliest snakes of ty's School of Natural and Health Sci' production, artist management and free. 305 - 302 -8947. Skyward KRes: Staff on hand to help the world, activities include presenta- ences; 8:30 a.mr4:30 p.m. May 30r recording studio operations. Groups Family Fun Days at the Historical with assembly and give instructions tions and live music; 11 a.m.-3:30 p.m.' June 23; Barry University, 11300 NE of 10 ages 12 -20 affiliated with a Museum: Features interactive activi- ! on how to be a master kite filer; 10 through April i3; Metrozoo, 12400 SW Second Ave., Miami Shores, V) school or nonprofit organization, in ties including art, crafts and drama; a.m.-sunset daily; Haulover Beach 152nd St., Miami; free with museum 305- 899 -3689 or www.barry.edu; of gouty / 6serYxxT Caxert Series VttR WEM019 � 3 C R.Ti • �H .OtAJ> COURTESY NOTICE ` ' pm�Farmi� mouth 2�r�scitaUonl one of 1.t» best mare c agVena quarteb aramd todayr' CITY OF SOUTH MIAMI, FLORIDA Saturday, April 22 tat 730 . P.M. On Tuesday, April 18, 2006, beginning at 7:30 p.m., in the City Commission Chambers, Tickets: Adults $25 Students aid Seniors $15 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the i Phom 305.661.3436 1 following items: Preaaedby . B�lUsseayNl�ts,h�t�»�A, _ AN ORDINANCE AMENDING SECTION 2.26.11 (F) OF THE CODE OF ORDINANCES IN ORDER TO PROVIDE�d THAT THE TERM OF OPERATION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE SHALL BE 11v0ydCadcxiJa EXTENDED AND SETTING FORTH ATERM OF OFFICE FOR COMMITTEE MEMBERS. 16 Nuadt>,dA dCJladNkM,udd. ` G1udN61a IkMtom0s6 li CariyMarr, AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF adtloB�addCadyGm SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING www gium2zero »f LOCATED AT 6133 SW 63rd TERRACE AS A'HISTORIC SiTE AND BY PLACEMENT OF A HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS St. Thomas Episcapal Parish PROPERTY. a 5690 North Kendal Drive Cad Gables R. 33156 ' ii wwwStlftomasEParg AN ORDINANCE RELATING TO A REQUEST To AMEND THE OFFICIAL ZONING MAP OF THE CITY OF ' 'ir''iF'(ti'r�''1A'ft'i�'it'i�' ' it'P''ik �k'fk jt �F 1, ^ r Ill I SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING I LOCATED AT 6500 SW 60th AVENUE AS A HISTORIC SITE AND BY PLACEMENT OF A HISTORIC: ��� A JILJL I PRESERVATION OVERLAY ZONE (HP OVER THE EXISTING ZONING USE DISTRICT FOR THIS Tres! AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY 'ia We t>� -at an¢l restore BUILDING) LOCATED:AT 5837 SUNSET DRIVE AS A HISTORIC SITE AND BY PLACEMENT OF A HISTORIC '►�` health to gall trees, PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS bushes, lawns, on I PROPERTY., your whole property. I Diagnosing and treating Inquiries concerning this item should'be directed to the Planning and Zoning office at: 305 - 663 -6326 landscape disease, insects, fi and Nutrition Problems ALL interested parties are invited to attend and will be heard. . 'ir for over 30 ears. Maria M. Menendez, CMC 3' — — - — '�— cup &sm' — — — — — City Clerk ' For A No ObHgatt 1o3m Consultation j Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any . CALL: decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, 11* Lanel:sea a he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure thaYa 'L'r p nce verbatim record of the proceedings is made which record includes the testimony, and evidence upon which the appeal �3Q5� h. is to be based. a ?;,""- ��,,- 'J -^�.. : .,, �,i �_.' -.�� .max „m..r,.� -. :c-•�-;w,a.,. r�;� -e .. .... ;.. —e,'„ :ice,- .., .., r,. , „ _ �^�- ;p^"'- wr.�;�� r,-- .r:a_,�: -°-�..,.,°��. . t,. 4�.Tn� c�^„i :er x�.. "�,,. ,'�-g�.: moo,° so u ry South Miami 4meica . INCORPORATED CITY OF SOUTH MIAMI � o 1927 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manage From: Don O'Donniley, Planning Director Dater April 18, 2006 Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY ` DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6133 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Request: The proposed historic site designation is a single family home located at 6133 SW 63rd Terrace. It is one in a series of proposed historic designations within the Community Redevelopment Area resulting from a special survey` conducted by members of the Historic Preservation Board. The designation of the building is based upon its unique architectural style (coral rock construction) in the CRA district and in the "City of South Miami. The Designation Report describes the significance of the property on pp. 6 and 7. The Historic Preservation Board at its January 30, 2006 conducted a public hearing, and adopted a motion by a vote of 5 ayes 0 nay recommending that the historic designation be approved. The Planning Board at its February 16, 2006 meeting, after a public hearing, adopted a motion by a vote of 5 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6133 SW 63rd Terrace be approved on second reading. Backup Documentation: Draft Ordinance Planning Department Staff Report Designation Report Excerpt Historic Preservation Board Minutes 1 -30 -06 Excerpt Planning Board Meeting 2 -16 -06 Public notices YSM /DOD /SAY"'' PLANNING \Comm Items\2006 \4 -18 -06 \6133 63 Terr HP -OV CM re ort.doc \ \MCGRUFF\ p 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH 'MIAMI, FLORIDA, RELATING TO A REQUEST TO 5 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH 6 MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE 7 FAMILY RESIDENTIAL BUILDING LOCATED AT 6133 SW 63rd , 8 TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN 9 HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE 10 EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; 11 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 12 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, Application No. PB -06 -006 was submitted to the Planning Department by the Historic 15 Preservation Board , said application requesting to amend the official zoning map of the City of South 16 Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property identified 17 as 6133 SW 63rd Terrace; said property legally described as Lots 7 and 8, Block 2, Pines Subdivision, as 18 recorded in Plat Book 18, Page 2 of the Public Records of Miami -Dade County, Florida; and 19 20 WHEREAS, the Historic Preservation Board at its January 30, 2006 meeting reviewed the 21 Designation Report for 6133 'SW 63rd Terrace and recommended that the proposed site be designated 22 historic; and 23 24 WHEREAS, the proposed historic designation and rezoning is consistent with the goals and 25 policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and 26 27 WHEREAS, on February 16, 2006, after public hearing regarding the application of the HP -OV 28 zoning to 6133 SW 63rd Terrace, the Planning Board recommended approval by a vote of 5 aye and 0 29 nays; a' nd 30 31 WHEREAS, the City, Commission desires to accept the recommendations of the Historic 32 Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning district. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 35 OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 Section '1. That the City's Official Zoning Map shall be amended by placing, the Historic 38 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for 39 property identified as 6133 SW 63rd Terrace; said property legally described as Lots 7 and 8, Block 2, 40 Pines Subdivision, as recorded in Plat Book 18, Page 12 of the Public Records of Miami- Dade County, 41 Florida; and ;42 43 Section 2 . That the Designation Report for the building at 6133 SW 63rd Terrace as prepared by 44 the South Miami Planning Department (January, 2006)) is identified as Attachment "A" and is attached to 45 and made part of this ordinance. 46 47 Section 3 The Design Review Guidelines set forth in the Designation Report for the building at 48 6133 SW 63rd Terrace and the provisions contained in the Land Development Code pertaining to review 49 of building permits, certificates of appropriateness, and demolition are applicable to the property at 6133 50 SW 63rd Terrace. 51 2 1 2 3 (2) 4 5 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held -6 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of 7 the remaining portions of this ordinance. 8 9 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance 10 are hereby repealed. 11 12 Section 6. This ordinance shall be effective immediately after the adoption hereof. 13 14 15 16 PASSED AND ADOPTED this day of , 2006 17 18 19 20 ATTEST: APPROVED: `. 21 22 23 24 CITY CLERK MAYOR 25 26 I st Reading — 27 2"d Reading 28 COMMISSION VOTE: 29 READ AND APPROVED AS TO FORM MayorFeliu:. 30 Vice Mayor- Wiscombe: 31 Commissioner Palmer: 32 Commissioner: Birts: 33 Commissioner Beckman: 34 CITY ATTORNEY 35 36 37 38 39 40 Attachments 41 Attachment «A„ _ 42 ( Designation Report for 6133 SW 63rd Terrace) 43 44 45 46 47 48 49 50 E: \Comm Items \2006 \4- 18- 06\PB -06 -007 6133 SW 63 Terr HP -OV Ord..doc South Miami o err All- AmericaCity • INCORPORATED 1'927 �L. O R110 P+ 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Date: February 16 2006 Planning Board Members From: Don O'Donniley - RE: LDC Map Amendment -HP -OV Planning Director (Historic Designation) 6133 SW 63 Terr PB -06 -006 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6133 SW 63`d TERRACE AS AN HISTORIC SITE . AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its January 30 2006 meeting reviewed an historic designation report for the a single family residence located at 6133 SW 63 Terrace. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super - imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. APPLICABLE REGULATIONS The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented" by the adoption' of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report.` LDC HP -OV Rezoning February 16, 2006 (2) (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5 "Applications requiring public hearings". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. 6133 SW 63`d TERRACE The home located at 6133 SW 63 Terrace is the first in a series of proposed designations within the Community Redevelopment Area resulting from a special survey conducted by members of the Historic Preservation Board. The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance.' Attached to this staff report is the Designation Report which was approved by the Board at its January 30, 2006 meeting by a vote of 5 ayes 0 nays. The report contains a detailed history of the building and includes photographs. The designation of the building is based upon its unique architectural style in the CRA district and in the City of South Miami. The attached designation report describes the significance of the property on pp. 6' and 7 STAFF OBSERVATIONS (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of the historic site is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources' ......... (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.7, 8) entitled Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's SR (HD -OV) Specialty Retail, Hometown District Overlay) zoning district. LDC UP-OV Rezoning February 16, 2006 (3) RECOMMENDATION It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6133 SW 63`d Terrace be approved. Attachments: Designation Report Public notices DOD /SAY" E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports\2- 16- 06\PB -06 -006 6133 SW 63 Ave. HP -OV Report.doc r.. °. .. _;a... Prepared by: Ellen J. Uguccioni, Cultural Resource Consultant City of South Miami Planning Department Maw -5968 5961 5960 j 5961 - 1 1 1 1 6211 620 f 6001 59 SW 60TH ST; 6000 52 5949 6946 6000 I f o I o c M� m 6230 6004 8013 �; _SW 60TH TER 6001 > m q6lS N 590 8030 `' j I ' 6061 B '`• 0 8029 ,% 6�' � rn 5975 m SW 61 ST ST 6127 o �� 11� so3j 0 'S 6091 j 090.. t 6� Q��l -� 5974 5958 g N sfr \ti - rn •- -- p SW 61 ST ST 0 �ti �i s 590 L 6100~ 6111 11 �i �yy 1 0 o N _ ff�11 r" r`�55� J ' 1 .. �� �- 0ti�^ 6�1 �N 8126 o N o o o y` 8o rn m rn n . 590. 1 y> 6n 4 6151 r r y" at 1� 6180 M1I 1I o t' 61g0 _N _o° �° k as 0 4 w tR 619 ! 2° 6200 6209 r r 6201 6231 6721 ., Q $ NO 6225 lD t0 t0 m m N N N N szoo 62 NUM d NJ p m 1 R R o 0 o 6239 239SW 62°N' D ' T' E 6221 6250 6253 6257 N 6230 8100 8116 6273 m N 6273 6238 6251 w 6260 N 6270 Z D Y m 6289 6286 6289 N ,N r S N,,. 6255 63RD .S. 6301 6300 0 0 m 6291x;; 6260 6290 � S; 63210 D s 6316 t7 SW 63RD ST v,�U��, 62g0 Cn „o, 6319 Ts 6321 sf o 630 r c.Ni o 0 0 0 c m 6332. 63°0 m 2 ° SW 63RD TrG �"`: 6�.av, m m x`c re m cc m m � 61 6357 D,TEI 6364 6351 _ N P 21 s��,ts, 6380 m N 6ti 16 r? " o o 6373 c:� 5991 D SW 64TH ST �` m 5978 5944 mol 0 ` 6401 6400 6401 6400 6401 0 k 1h c m m 6415 1 6412 m^ T 66 r a ov 6429 6429 6428 " 10 6411 ' 6410 6411 6410 6411 6420 6443 `6442 6443 6442 20 6421 6420 6421 6420 6421 B ' 6457 6450 6456 'may 6124 6100 30 6431 6430 6431 6430 6431 6470 6420 6105 6467 6500 00 6509 6500 6501 6500 6501 0101 N 6505 6500 Y F- 6518 Cn 6519 'tO 6516 U 6511 6510 6511 6510 U 6511 U 6532 0 6533 s 6521 6520 6521 6520 N_ 6521 6135 sso 6551 571 M CO co co 6531 6530 6531 6530 6531 ?j Cti 6987 6540 41iB� SW 66TH ST 6601 SW 66TH ST m _ 08 6600 6601 00 6601 6600 6601 6600 6611 6600 6601 6 6647 10 6611 6610 6611 6610 6621 'O� l SW 66TH TER 20 6621 6620 6621 6620 6631 N 6669 1l n N 30 6631 6640 6631 6630 1. 6701 6121 'xk '\,t ti;,r` 6661 W � SW 67TH ST 00 6701 6700 6701 6700 1 S i 5949 N 5963 °m h � A 100 200 300 600 900 1,200 1,500 Feet TABLE OF CONTENTS General Information... ........ .......................4 Statement of Significance.....` ...... ..............................5 Contextual History ......... ............ ..........................5 Architectural Distinction ................. ........................7 Eligibility Criteria ....................... Design ;Review Guidelines ........... ..............................8 Bibliography ............................. .............................10 Photographs ....................... ............................... l'l City of South Miami Historic Designation Report for The Residence at 6133 SW 63rd Terrace Page 2 I. GENERAL INFORMATION Historic Names: 6133 SW 59th Terrace Current Name: 6133 SW 63rd Terrace Location: Located approximately mid -block between SW 62nd Avenue on the west and SW 60th Court on the east. Present Owner: Lee H. and Ora Lee Jones 14281 Polk Street Miami, Florida 33176 Present Use: Single Family Residence Zoning District: Residential Single- Family Tax Folio Number 09 -4025- 009 -0130 Boundary Description , Lots 7 and 8, Block 2, Pines Subdivision, as recorded in Plat Book 18, Page 2 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for The Residence at 6133 SW 63rd Terrace Page 3 Il. SIGNIFICANCE Specific Dates: 1934 Architect: Unknown Builder/ Contractor: Unknown Statement of Significance Historically, the Pines Subdivision was home to African - Americans who were prohibited from living in areas strictly reserved for whites. The Pines Subdivision Plat was filed in 1925 by South Miami pioneers John and Mary Opsahl in 1925, and consisted of lots with a twenty -five foot frontage, half of that normally expected in white sub- divisions. In one of the few remaining houses built during the earliest development of the Pines Subdivision, the residence at 6133 SW 63rd Terrace is a remarkable survivor, evidencing the type of material and construction methods that were once prevalent across the region. Contextual History: During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established' homesteads in the area. When 'Henry Flagler's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917 the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. In March 1926, sixty. -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red ,Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th' Street and ` North Kendall Drive on the south. At that time, South Miami's immediate neighbor to the east was Coral Gables. The first lots in Coral Gables were sold in 1921, and under the leadership of George E. Merrick, continued to expand as more and more land could be acquired. Eventually, even the Larkin's Homestead, located in the vicinity of the City of South Miami Historic Designation Report for The Residence at 6133 SW 63,d Terrace Page 4 current Cocoplum (Cartagena) , Circle, was sold to Coral Gables, and the development of South Miami moved west. During the 1920s all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South Miami including the Methodist Church and the Riviera Theater (demolished.)' Residential subdivisions were platted as thousands purchased homes in the area. The subdivision of Cambridge Lawns, (a City of South Miami Historic District) that includes modestly scaled homes designed in an English Tudor or Mediterranean' Revival style, was built in 1927. By 1927, the real estate boom had abruptly ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in 1929. In 1933 the City's population increased to 1,500 residents, but the corporate limits of the city were reduced to an area of approximately four square miles. In the book "Florida: A Guide to the Southernmost State" produced by The Federal Writer's Project under Roosevelt's New Deal and published in 1939, South Miami was described in this way: SOUTH MIAMI, 9 miles (1,160 population), originally named Larkins for an early storekeeper, was given its present name the day after his death. Several plants here pack tomatoes, truck crops, and citrus for shipment to market. South of the town are abandoned limestone quarries filled with clear water and used as swimming pools. In 1926 the South Miami City Council set aside area west of the railroad tracks exclusively for Black residents. As were most African- American enclaves, the neighborhood was self - contained with its own grocery and churches. The perception of South Miami as a principally agricultural area would change dramatically when America ,began to gear up for its entry into World War IL South Flo6cla' became an enormous training camp for the soldiers who would be called to battle. By the time the war ended in 1945, the nation once again experienced economic prosperity, and South Florida was besieged by hundreds of returning servicemen who made this their permanent home. City of South Miami Historic Designation Report for The Residence at 6133 SW 63rd Terrace Page ,5 III. ARCHITECTURAL DISTINCTION The home is a simple one story building, vernacular in its origins indicating handed -down building;' traditions of a purely functional nature, rather than an architect designed home, with a particular stylistic pedigree. The home demonstrates the time- honored tradition of building with the indigenous limestone rock that makes up the substrate in sub- tropical Florida. The rock was plentiful in the region, and besides the building of homes, was used as crushed rock to pave roadways.; The rock is sometimes referred to as "oolitic" limestone (named for the tiny organisms called "oolites " that are the petrified substance of the rock), and is more commonly known as "coral" rock:' In cities close to South Miami, for example in Coral Gables, Miami Shores, and Miami, there are more significant numbers of rock houses. In Coral Gables, many of the homes along Coral Way built during the teens were coral rock. Bahamians began migrating to South Florida in substantial numbers during the late 19th century and settled in areas exclusively set aside for "non- whites" in Coconut Grove, and the MacFarlane Homestead Subdivision in what became the City of Coral Gables. By 1900, the population.; of the Greater Miami area increased along with the progress of Flagler's Florida,, East Coast Railway. The climate and fertile soil were so attractive that many farmers, particularly from Georgia, South Carolina and North and Central Florida moved to the South Florida area. By 1900 several black settlements developed 'including Larkins (South Miami) Homestead, Perrine and Florida City. In addition to farming, many of these African - American pioneers worked as laborers 'during the real estate boom of the 1920s, and their skill with working the indigenous stone proved a boon to the developers of the new towns. The residence at 6133 SW 63rd Terrace is a`simple rectangle in plan and possesses a shallow gable roof covered with asphalt shingles. The roof extends over the walls to form eaves that are embellished with outrigger beams. The windows are a metal awning type, and most likely replacement windows. The stone used for its construction is a random coursed limestone block with extruded grouting. The single entrance door, placed in the center of the main elevation, is recessed evidencing the substantial width of the coral rock used to build the home. Despite its modest proportions (807 square feet) and design, the home is particularly distinctive because of the entrance feature located directly on the sidewalk. A free- standing arch constructed of the same coral rock as the home, City of South Miami Historic Designa #ion Report for The Residence at 6133 SW 63rd Terrace Page 6 °- r -�-�, to r .r, s ,s�r�.;z•, a^, r�s � ..s„ c- �`, . "4�?aN�°fi�� «, extends from its wider supporting base to terminate in a round arch the frames the entryway. Presently, a metal non - original gate controls access to the front door. While a search of city directories has failed to produce the name and occupation of the original resident, this elaborate entry feature is a clue to the first residents' or builders' skills as a mason. for this area of South Miami, the home at 6133 SW 63rd Terrace is evidence of a:thriving and dynamic community during the 1930s. Alterations At some time in the past, the windows of this home were infilled with metal awning windows. The extension at the rear (west) appears to be a part of the original building, as the outrigger beams are carries beneath the eaves. Eligibility for Designation The proposed designation of the residence at 6133 SW 63rd Terrace, meets. the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards:" (a)' Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design,' setting, materials, workmanship, feeling and association and (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess' high artistic value, or that represent a distinguishable entity whose components may lack individual distinction Therefore, the residence at 6133 SW 631d Terrace is recommended for local historic designation. Design Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designated historic, or is within a designated 'historic district shall first require the issuance of a Certificate of Appropriateness (COA.)` The COA is issued after a review by the Historic Preservation Board and City Commission. City of South Miami Historic Designation Report for The Residence at 6133 SW 63rd Terrace Page 7 The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which` applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible 'contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, ; sites, and streetscapes. In order to assist in the review process for the residence at 6133 SW 631d Terrace the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects With Guidelines for Applying the Standards (1979) as may amended. Specific: One story height • Shallow gable roof with overhanging eaves embellished with outrigger beams Random coursed coral rock with extruded grout as the principle building material. Centrally placed, single -leaf entrance, recessed within the framework of the coral rock, south elevation • Centrally placed, rectangular attic vent on the south elevation Random coursed, coral rock, round arched entrance feature on the south elevation. City of South Miami Historic Designation Report for The Residence at 6133 SW 63,d Terrace Page 8 . �,; �,. - .�. --� -, a� ,,..m.---- F- T'..,�r.^r---- us;k -< �^ , ,arssm ;�- �- •,iF:- :?s�'€`9, ,..� ..; sr.� , r. •:-ATM r ns.,�fi , �^� -f ,3 t.?a. *-_'°'- �?c.-Ts,';:i'c GT�°�.', a ; � . BIBLIOGRAPHY Dunn, Marvin. Black Miami in the Twentieth Century (Gainesville: University of Florida Press) 1997. Federal Writer's Project of the Works Progress Administration for the State of Florida. Florida, A Guide to the Southernmost State (New York: Oxford University Press) 1939 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade House) 1949. Plat for the Pines Subdivision, dated January 1925. City of South Miami, Planning Department Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Taylor, Jean. The Villages of South Dade (St. Petersburg: Byron Kennedy and Company) Tevis, Paul U. History of South Miami, manuscript n.d. (1971 ?) City of South Miami Historic Designation Report for The Residence at 6133 SW 63rd Terrace Page 9 South Elevation January 2006 3 + Kf Rz Ab -71 t Ria., a 'fi INS!, r ' / � soU��, Ar F� g INCORPORATED" 1':927 _ O I O A CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES MONDAY JANUARY 30 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Vice -Chair called the meeting to order at 3:43 p.m. II. Roll call Roll call, was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Mr. Cooke - Yarborough, Ms. Dison and Mr. Kurtzman. Board members absent: Ms. Redding. City staff present: Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). City Staff absent: Don O'Donniley (Planning Director). VI. Public Hearing on Designations (a)'HPB -06 -002: 6133 SW ,63 Terrace Coral Rock Structure • Review of Historic Site Designation Report The Board and staff addressed the designation report prepared by Ellen Uguccioni, who is the City's cultural resource consultant. Ms. Uguccioni stated that the coral rock house built in 1934, is a simple, one story building, vernacular in design. Furthermore, she explained that the home demonstrates the time - honored tradition of building with the indigenous limestone rock that makes up the substrata in sub- tropical Florida. Ms. Uguccioni noted that the house is eligible for designation because it meets the criterion contained in the South Miami Land Development Code, Section 20.4.9 entitled "Historic Preservation Standards ". • Public comments Mr. Kurtzman inquired if the owner of the residence, Rev. Lee Jones was in support of the designation. Rev. Jones who was in attendance agreed with the historic designation of his property. HPB Minutes January 30, 2006 Page 2 of 2 • Designation of 6133 SW 63 Terrace Motion: Ms. Dison moved to approve the historic designation of the property based upon research by the City's historic consultant. Mr. Cooke - Yarborough seconded the motion. Vote: Approved 5 Opposed 0 U • INCORPORATED • 1 927` LpR�Cf CITY OF SOUTH MIAMI PLANNING BOARD / Action Summary Minutes Regular Meeting Thursday, February 16, 2006 City Commission Chambers 7:30 P.M. �Yr�uur I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:36' P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Mr. Beilman, Mr. Davis and Mr. Farfan. Board members absent: Mr. Comendeiro,_Ms. Yates. City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning ; Consultant),; Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings PB -06 -.006 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6133 SW 63rd' TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Farfan read the ordinance into the record. Mr. O'Donniley provided a brief background of this item. Mr. O'Donniley noted that the home located at 6133 SW 63 Terrace is the first in a series of proposed designations within the Community Planning Board Meeting February 16, 2006 Page 2 of 2' Redevelopment Area resulting from a special survey conducted by members of the Historic Preservation Board. Furthermore, Mr. O'Donniley stated that at the Historic Preservation Board meeting of January 30, 2006 the Board reviewed and approved the designation report by a vote of 5 ayes and 0 nays. In addition, Mr. O'Donniley provided the following staff observations: 1. The designation report and the procedures followed by the Historic Preservation Board are in accordance with the ` current LDC regulations governing historic site /district designations. 2. The designations of the historic site is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan. • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources......." 3. The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require ;special approval in the form of a certificate' of appropriateness" (COA). This approval requires a review by the Historic Board and final approval by the City Commission. The Designation Report contains a section (p.78) Entitled Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. 4. The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's SR(HD -OV) Specialty Retail, Hometown District Overlay) zoning district.` Recommendation Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6133 SW 63 Terrace be approved. Chairman Mr. Morton opened the public hearing. The Board discussed this item. Mr. Beilman inquired if the homeowner was in support of the designation. Mr. O'Donniley replied that there has been no opposition from the owner. Chair Morton opened the public hearing: Speakers: NAME ADDRESS SUPPORT /OPPOSE Bernice (Church parishioner) Supported Speaker Bernice indicated that she was a parishioner at Baptist Church of South Miami was in favor with the designation of this property.' She felt homes like these should be preserved so they can stay the way they are and not be demolished. Chair Mr. Morton clarified to Bernice that no one has spoken about demolishing this property but that with this designation it will be more protected now then it was before. Chair' Morton closed the public hearing. Motion: Ms. Lahiff moved to recommend approval of the historic designation. Mr. Beiiman seconded the motion. Vote: Ayes 5 Nays 0 r CITY OF SOUTH MIAMI! NOTICE OF PUBLIC HEARING MIAMI DAILY BUSINESS REVIEW :NOTICE IS HEREBY given that the City comriiissioriofsifie City of south; Published Daily except Saturday, Sunday and Miami Fiontla will conduct Public Hearings�at is regular Clty' Legal Holidays Commission meeting scheduled forTuestlay Apnl 18 200Q beginning at Miami, Miami -Dade County, Florida 7 3Q p.m. jn the'Oity' Commission - Chambers 6130 Sunset DnVe, to' considerthe following Items i STATE OF FLORIDA I' COUNTY OF MIAMI -DADE: AN ORDINANCE OF THE MAYOR ANp.OITY COMMISSION OF THE CITY OF SOUTHH,,V MI, LORIDA� 4MENDING Before the undersigned authority personally appeared SECTION 2.26 11(F) OF TIE CODEOF ORDINANCES SIN O.V. FERBEYRE, who on oath says that he or she is the ORDER T60ROVIDE THAT THE TERM OF OPERATION OF THE , AFFORDABLE MHO S G t D. ISORY C MMITTEE �. O _ SUPERVISOR Legal Notices of the Miami Dail Business .;_-� � .. ......, __ ., SHALL E XTENDED- AND:SETTItG FO TH_" TERM;OF-_ _ E 'Review f /k/a Miami Review, a daily (except Saturday, Sunda <,- � ��.• .- R and Legal, Holidays) newspaper, published at Miami n Miami-Dade OFFICE FOR; COMMITTEE MEMBER$ PRQVIDING F,,QR { County, Florida; that the attached copy of advertisement, SEVERABILf Gy, ZA o (DING bft RDINANCES IN being a Legal Advertisement of Notice in the matter of CONFLICT ANDPROVIDINGFORANEFFECTIVEDATE 30 AN OI9DINANGEZFHEiAAO AND.CITY COMM6SSION ? OF TI. CITYFSOUTH MNIL IDS IEI ATING TO A CITY OF SOUTH MIAMI REQUEST TQAMENDITHE`bFFICIALZONING MAP OF THE PUBLIC HEARING -APRIL 18, 2006 CITY• OF SOUTi,fiullAM1 LANDpEVELOPtIIENMT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING in the XXXX Court, - LOCATED AT�6133 SW;6 _a gRRACEAS AN F ISTAR {C SITES °: was published in said newspaper in the issues of " AND BY PLACEMENT OF AN x ISTORIC� PRESERVATION OVERLAY„ ZQNE (HPOV) °OVEf�.TTHEXISTING TZONIhIIG j 04/07/2006 USE�DISTRICT FOR THIS PROPERTY,�pROYIDING OR � SEVERABILITY � 'PROVIDIN%,0 �RDIf�AI CES iN CONFLICT AND PROVIDINGAN EFFECTIVE DATE - Affiant further says that the said Miami Daily Business AN ORDINANCE OF THE MA OR AND CITY4COMMISSION " Review is a newspaper published at Miami in said Miami Dade OF HL CITY MIAMI) FLORIDAIRE -TING TD 1� � fs' County, Florida and that the said newspaper has REQUEST TO'AMENDTHE OFFICIAL�gZONING MAF OF THE n heretofore been continuously published in said Miami -Dade County , CITY` "OF :SOUTH MIAMI LAND, DEVELOPMENT. BODE ,8Y, Florida, each day (except Saturday, Sunday and Legal Holidays) DESIGNATING,A SINGLE FAMIL ! ftESiDENTiAL UitDI G and has been entered as second class mail matter at the post b..'LOCATED AT 6500 SW -60th AvENUE�AS AN °HISTORfC SITE , office in Miami in said Miami -Dade County, Florida, for a AND BY °`PLACEMENT - OF AN HISTORIC PRESERVATION - OVERLAY ZONE HPDV OVER 7HE`'EXISTING ZONING period of one year next preceding the first publication of the ( ) USE =DISTRICTFOR THIS PFiOf'ERTYt1PROUIDING�FQR attached copy of advertisement; and affiant further says that he or - 4 SEVERABILITY =PROVIDINGtFOR�RDINANCI S IN;I she has neither paid nor promised any person, firm orcorporation -,;,- CONFLICT AND PROVIDING AP EFFECTIVE DATE any discount, rebate, commission or refund for the purpose of securing this vertise o ublication'in the said AN ORDINANCE OF.THE MAYOR ANDCITY;COMMISS;I9N newspaper. OF THE CITY OF SOUTH MIAMI FLORIDA RELATING 70 A REQUEST , -T6 AMENDTHE:O,FFICIALZONING CITY = =OF SOUTH MIAMI 1AND'�DEVELOPMENT CODEBY DESIGNATING A :COM,MERCiAL BUILDING (THE SHELLEY :j BUILDING) LQCATED.AT.5837- SUNSETy�RiVE AS AN HIS Sworn to and subscribed before me this r,4_ TORIG SITE AND BY;PLACEMENT OF AN HISTORIG?PRES -� ERVATION,OVERLAY ZONE (HP OV) OVER THE, E)ISTING 07 ""oi AP D. 6 �. _ ZONING USE DISTRICT FO�i THIS PFQPE PROVIDING FOR SEVERABILITY PROVIDING FORORDINANCES IN F C/ CONFLICT SAND PROVIDING AN EFFECTIV..UA Above items can be inspected in the City Clerk s Office Monday fntlay; 4 during regularof Ice SEAL ( ) �` Maria I• AAf3sa ;If you have any mqumes on the above' items please contact iV�e planning Commission DD293855 and Zoning office at; 305 663, f;326 t O.V. FERBEYRE person a n o me Q n Exp4es Marsh 04, 2008 ;ALL interested parties are invited to attend and wii be heard Maria' M Menentlez CMC k ,: City Clerk `� f Pursuant to Florida Statutes 286 0105 the City hereby adwses the pu�iw'j f .that .if a.person.decides toappeal, any decision made', by this Board,l Agency or Commission with respect to any matter considered at its' meeting or hearing 'he or she will need a record of fhejproceedings and ' I' that for such purpose,`affected persons may deed to ensure that a verbatim', i record of the proceedings is',made which record includes the testimony ? and evidence upon which the appeal is to be based 4/7 06.3 a 2/663831 M ._ .. i i . „rn- �-.,;.,t-- '- T- ...,,..,, .f, .. ..s -mF^ .-�� .,F _.<•�'�.. S.F.a�u^�=n,""�t4, -1+•f"��x'rJ.�TT'=�I�t�.r .."�",R � ot�m'*'�^":�"-^��..Yrc 3"+�£"'.,.e, .J, �.Y.'� =Y M NEIGHBORS CALENDAR J Q' *CALENDAR, FROM $3 District 1 can apply for the scholarship 1 -3 p.m. Saturdays; Historical Museum Park, 10800 Collins Ave., North Miami admission of $11.50 adults, $10.40 o program. 305= 835 -8835 or of Southern Florida, 101 W. Flagler St., Beach; free; at Skyward Kites; kites seniors, $6.75 children ages 3 -12, Fre 305- 770.3115. Miami, 305- 375 -1492, www.historical- can be purchased at prices starting at Zoological Society of Florida mem- Gables; free. 305- 284 -2872, ArtCenter Story Time: Readings of museum.org; free. 305-375-1492 or $5.305- 893 -0906. bers and children under 2. " 305- 284 -1603 orsend an e-mail to Stories followed by art projects based www:historical- museum.org: _ Slough Slogs: Ranger guided off -trail 305 - 251 -0400. alumni @miami.edu; on the selected stories and exhibi - • Tropical Rhythms, Learn about the tour of the wetlands;1 p.m. Saturdays; tionsin the gallery for ages 4- 10;TO- sounds of the Caribbean and how Everglades National Park, 40001 SUMMERCAMPS 9 FOR KIDS & FAMILIES 11 :30 a.m. third Saturdays; Al they have evolved into musical State Road 9336, main entrance, _ SouthFlorlda 800 Lincoln Rd., Miami genres: April 15. Southwest Miami- Dade;$15 Per Per- AlperJCC Summer CampOpan FasTracKids Education Enrichment: Beach; $10,$S members. Main Street Players Workshop: Stu- son, $7 children 12 and Under. House: Learn about the camps, whit Q' Children ages 3 -7 can learn about 305- 674.8278. dents prepare for auditions and are 305- 221 -8776. will be held in June and July; 7:30,p.r f earth sciences and astronomy; 4 -6 £l Gallo: Dance presentation by Fred- given the opportunity to participate Step and Drum Battle: :Teen and high April 16; Dave and Mary Alper Jewist ' = p.rrL Fridays; FasTracKids Enrichment dick Bratcher and Company, based in the production of Peter Pan; school step teams and drumlins will Community Center, 11155 SW 112th I.- Education Academy, 12517 S. Dixie on the folktale El Gallo de Sodas by through April 18; Main Street Play- participate in the competition; 4 -9 !, Ave., Miami; free; Youth and Adult — Hwy., Miami; free; appointment Lucia M. Gonzalez. Theprogram house, 6766 Main St., Miami Lakes; p.m. April 151 North Miami Beach Per- building.. 305-271-9000, ext. 271. E required, 786- 242 -4237 or www.fast includes an interactive segment with $120,$90 members. 954- 675 -6421: forming Arts Theater, 17011 NE 19th Children's Summer Science Camp: Y trackids.com. the company dancers after the per- • Ages 11-14:4:30-5:30 p.m. Tuesday Ave., North Miami Beach; $10,$7 chil- Children entering second through 9 Alternative Directions Music Indus- formance; ll a.m. April 15; Coral and Thursday; dren. 305 -948- 2957. ' sixth grades can participate . in the try Training Program: Provides:infor- Gables Junior Woman's Club, 1009 E. • Ages 15-18:5:30-6:30 p.m. Tuesday Venom'Week at Metrozoo: Learn camp sponsored by Barry Univel mation on sound engineering, video Ponce de Leon Blvd., Coral Gables; and Thursday. about the top 10 deadliest snakes of ty's School of Natural and Health Sci production, artist management and free. 305- 302 -8947. Skyward Kites: Staff on hand to help the world, activities include presenta- ences; 8:30 a.m. -4:30 p.m. May 30r recording studio operations. Groups Family Fun Days at the Historical with assembly and give instructions tions and live music; 11 a.m.-3:30 p.m. June 23; Barry University, 11300 NE, of 10 ages 12 -20 affiliated with a Museum: Features interactive activi- on how to be a master kite flieF,10 through April 13; Metrozoo,12400 SW Second Ave., Miami Shores, En school or nonprofit organization in ties including art, crafts and drama; a.m.-sunset daily; Haulover Beach 152nd St., Miami; free with museum 305- 899 -3689 or www.barry.edu; spOrE EISP. )cd Concert Series ffihc$t�td3terala® 3 -FOR /9 COURTESY NOTICE [ pvferminpnmedr2aof ft cliatlon! 'Ono ottt»mdea cal tci- 'dtodoo- CITY OF SOUTH MIAMI, FLORIDA Saturday, April 22 at 7:30p:m. On Tuesday, April 18, 2006, beginning at 7:30 p.m., in the City Commission' Charnbe s, Tickets: Adults $25, Studerib and Seniors $15 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the Phi 305.6613436 r following items: Presartedlry B>71UmlyM^k,a AN ORDINANCE AMENDING SECTION 2.26.11(F) OF THE CODE OF ORDINANCES IN ORDER TO PROVIDE THAT THE TERM OF OPERATION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE SHALL BEONdcndGd EXTENDED AND SETTING FORTH TERM OF OFFICE FOR COMMITTEE MEMBERS.�� C�Bud AIFtsCu+d deMbntrkdaCarlyMgvr AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF �ates=aelcaaycr SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING wwwre&rn2zerc et i LOCATED AT 6133 SW 63rd TERRACE AS A :HISTORIC SITE AND BY PLACEMENT OF A HISTORIC, St. �lOaS Episcopal �gflSh PRESERVATION OVERLAY ZONE (HP-014 OVER THE EXISTING ZONING USE DISTRICT FOR THIS! Thomas PROPERTY a 5690 North Kai Dave Cad Ckbin R 33156 - wwwStli»nnsl3'.ag i AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF � 'P''i''P'ir''i§'Iti ' r' 'i ' i�' 'iti'it'ir'it''Cr'''* 'i't''il''i SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING '( LOCATED AT 6500 SW 60th AVENUE AS A HISTORIC SITE AND BY PLACEMENT OF A HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS SYck p 'i PROPERTY.` '1 AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF We treat and y!:restore 1 SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY 1 BUILDING) LOCATERAT 5837 SUNSET DRIVE AS A HISTORIC SITE AND BY PLACEMENT OF A HISTORIC health to all trees, 1 ' PRESERVATION OVERLAY ZONE. (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS : uSheS�'i IlaW11S� Oil PROPERTY. your whole property: Diagnosing and treating_ 1 Inquiries concerning this item should- be directed to the Planning and Zoning office at: 305 -663 - 6326,E landscape disease, insects, and Nutrition Problems 1 ALL interested parties are invited to attend and will be heard. ' for over 30 years. Maria M Menendez, CMC --------- ;., o _'CUP &save-- — — — — -I For A Noi obligation City Clerk- al�r Consultation Pursuant to Florida Statutes 286.0105, the City hereby advises the public thatd a person decides to appeal any LanCaALL: L decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a SC1E'.I1Ce he or will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a 'L"r � verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal , ; �3�� ���$,1,35 is to be based. 11l All i v 1 Ar nil fi i 'ii iv I- i*' %- ft i* All "I,'' I i ; - z SQ U r� South Miami oar � � ArN- Am�ic�i � 1 1 CITY OF SOUTH MIAMI �® c�o�tv P . OFFICE OF THE CITY MANAGER , 9z� INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manage From: Don O'Donniley, Planning Director Date: April 18, 2006 Subject: AN ORDINANCE' OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF 'SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6500 SW 60th' AVENUE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC i PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Request: The proposed historic site designation is a single family home located at 6500 SW 60 Avenue. It is one in a series of proposed historic designations within the Community Redevelopment Area resulting from a special survey conducted by members of the Historic' Preservation Board. The designation of the building is based upon its unique contribution to the history of the of the City of South Miami as the residence of Mr. Marshall Williamson, an early black pioneer and major land owner in the City. The attached designation report describes the significance of the properties (pp•6,7,8) The Historic Preservation Board at.its January 30, 2006 conducted a public hearing, and adopted a motion by a vote of 5 ayes 0 nay recommending that the historic designation be approved. The Planning Board at its February 16, 2006 meeting, after a public hearing, adopted a motion by a vote of 5 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6500 SW 60t'' Avenue be approved on second reading. Backup Documentation: Draft Ordinance Planning Department Staff Report Designation Report . Excerpt Historic Preservation Board Minutes 1 -30 -06 Excerpt Planning Board Meeting 2 -16 -06 Public notices YSM /DOD /SAY sf \ \MCGRUFF \PLAN NG \Comm Items\2006 \4 -18 -06 \6500 SW 60 HP -OV CM report.doe 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE 5 OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND 6 DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL 7 BUILDING LOCATED AT 6500 SW 60th AVENUE AS AN HISTORIC SITE AND 8 BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP- 9 OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; 10 PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN 11 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Application No. PB -06 -007 was submitted to the Planning Department by the Historic 14 Preservation Board , said application' requesting to amend the official zoning; map of the City of South 15' Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property identified 16 as 6500 SW 60 Avenue; said property legally described as Section 25- 54 - 40.26AC Middle line of the 17 East 137.10 feet of the north 93.1 feet of the south 327.96 feet of the northwest one - quarter of the 18 southeast one- quarter less the east 15 feet, as recorded in the Public Records of Miami -Dade County, 19 Florida. ; and 20` 21 WHEREAS, the Historic Preservation Board at its January 30, 2006 meeting reviewed the 22 Designation Report for 6500 SW 60th Avenue and recommended that the proposed site be designated 23 historic; and 24 25 WHEREAS, the proposed historic designation and rezoning is consistent with the goals and 26 policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and 27 28 WHEREAS, on February 16, 2006, after public hearing _regarding the application of the HP -OV 29 zoning to 6500 SW 60 Avenue, the Planning Board recommended approval by a vote of 5 aye and 0 30 nays; and'` 31 32 WHEREAS, the City Commission desires to accept the recommendations of the Historic 33 Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning district. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 36 OF THE CITY OF SOUTH MIAMI, FLORIDA: 37 38 Section' 1. That the City's Official Zoning Map shall be amended by placing the Historic 39 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for 40 property' identified as 6500 SW 60 Avenue; said property legally described as Section 25- 54 40.26AC 41 Middle line of the East 137.10 feet of the north 93.1 feet of the south 327.96 feet of the northwest one- 42 quarter of the southeast one - quarter less the east 15 feet, as recorded' in the Public Records of Miami- 43 Dade County, Florida. 44 45 Section 2 . That the Designation ,Report for the building at 6500 SW 60 Avenue as prepared by 46 the South Miami Planning Department (January, 2006)) is identified as Attachment "A" and is attached to 47 and made part of this ordinance. 48 49 Section 3 The Design Review Guidelines set forth in the Designation Report for the building at 50 6500 SW 60 Avenue and the provisions contained in the Land Development Code pertaining to review of 51 building permits, certificates of appropriateness, and demolition are applicable to the property at 6500` 52 SW 60 Avenue. 2 1 2' 3 4 (2) 5 6 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held 7 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of 8 the remaining portions of this ordinance. 9 10 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance 11 are hereby repealed. 12 13 Section 6. This ordinance shall be effective immediately after the adoption hereof. 14 15 16 17 PASSED AND ADOPTED this day of 52006 18 19 20 21 ATTEST: ' APPROVED: 22 23 24 - 25' CITY CLERK MAYOR 26 27 1st Reading- 28 2nd Reading'- 29 COMMISSION VOTE: 30 READ AND APPROVED AS TO FORM: Mayor- Feliu: III 31 Vice Mayor 'Wiscombe : 32 Commissioner Palmer: 33 Commissioner: Birts 34 Commissioner Beckman: 35 CITY ATTORNEY 36 37 38 39 40 41 Attachments 42 Attachment "A" 43 (Designation Report for 6500 SW 60 Avenue) 44 45 46 47 48 49 50 51 \\MCGRUFF\PLANNING \Comm Items \2006 \3- 7- 06\PB -06 -007 6500 SW 60 HP -OV Ord..doc South Miami Sour VA All AmedcaCitll F � 1 • INCORPORATED • 1927 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Date: February 16 2006 Planning Board Members From: Don O'Donniley RE: LDC Map Amendment —HP-0V Planning Director (Historic Designation) 6500 SW 60 Ave PB- 06 -00'Y Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6500 SW 60th AVENUE AS AN HISTORIC`` SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its January 30, 2006 meeting reviewed an historic designation report for the a single family residence located at 6500 SW 60 Ave. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. The Land Development. Code provides that an historic designation recommendation must "' be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. APPLICABLE REGULATIONS The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1)' Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. LDC HI'- OV:Rezoning February 16, 2006 (2) (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site andlor district regulations would change any existing zoning ``district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5, "Applications requiring public hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission.`" 6500 SW 60th AVENUE The home located at 6500 SW 60 Avenue is one in a series of proposed designations within the Community Redevelopment Area resulting from a special survey conducted by members of the Historic Preservation Board. The designation of the building ` is based upon its unique contribution to the history of the of the City of 'South Miami as the residence of Mr. Marshall Williamson, an early black pioneer and major land owner in the City. The :designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board at its January 30 2006 meeting by a vote of 5 ayes 0 nays. The report contains a detailed' history of the building and includes photographs. The attached designation report describes the significance of the properties (pp.6,7,8). STAFF OBSERVATIONS (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals' and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources' ........." (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.9) entitled' Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's SR (HD -OV)` Specialty Retail, Hometown District Overlay) zoning district. LDC HP -OV Rezoning February 16, 2006 (3) RECOIVIWNDATION: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6500 SW 60'h Avenue be approved. Attachments: Designation Report Public notices DOD SSAY � E:\PB\PB Agendas StaffReports\2006 Agendas Staff Reports\2- 16- 06\PB -06 -007 6500 SW 60 Ave HP -OV Report.doc Prepared by Ellen J. Uguccioni Cultural Resource Consultant City of South Miami Planning Department` City of South Miami Historic Site Designation - Marshall Williamson Home 6500 SW 60th Avenue 4 6 5t , 6221 1 6201 26 1611816110 6102 6026 6018 010 t 6002 6 5 5975 1 59 o y 6151 4 ■ ��ifi��� LT�t� 1� r l� m to o ° N �O o ' r fr'' � 1O m a is m ao m m L° o m 6 000 0 o N 6t208 6209 6231 '50 6017 6225 SN ` 6236 W S ND ER 2N O NN D ^ ^ uO m i T1 �EO ' R 8100 6253 6257 p°r vi 1 6.2n rn O w 5 5 01 6116 6 6238 6273 6265 6289 6288 6289 0 Z 0 6253 nc SW 63RD a o N 6256 00 635 (D 6040 o s 6301 6300 6301 = ° CO 6321 s ' 7 SW 63RD ST '0 6318 r.10 U) ' o m uO N °�i N 6332 O N ^ N SW 63RD TE 6� m ° ° m ° 6 6357 n u° 6335 6320 U) m o TE 8364' fi351 1 m 6ZlQ c °0 5991 6373 urns 6350 HARDEE'DR ° m 5978 540 5944 6401 F o S -4, 1 e 6401 6400 1 '0 6400 6401 0 ^� o D 5 6420 6412 s v $ 6429 6429 6428 6443 6411 6410 it 6410 6411 r v7 5 ECT ° o X20 6443 6442 6443 6442 6445 8421 6420 1 IN ILK 6420 6421 1 i 8431 6430' a s�9 6124 6100 6457 6450 6456 6430 6431 6470 6420 6481 F 8441 1644o CO 6105 8501 6501 6500 1 fi505 6500 650 U) 6519 O 6516 U) 6511 6511 U 6510 F- 6533 * 6532 6521 2' N 6520 6521 6135 U) so 6551 6571 LU 0 6531 �653O 31 6530 U 6531 ,? 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TABLE OF CONTENTS General Information .................. ..............................4 Statement of Significance ............ ....................... .....5 Contextual - History ...................... ..............................5 Biography................................ ..............................6 Architectural Distinction .............. ..............................8 Eligibility Criteria ......................... ..............................8 Design Review Guidelines ........... ..............................9 Bibliography .......................... ............................... 10 Photographs ........................... ............................... _1 l City of South Miami Historic Designation Report for THE MARSHALL WILLIAMSON RESIDENCE' 6500 SW 60th Avenue Page 3 - ^�'3^. --•. r. -fi�3r ,ir. ,.,rn ,rP a:. �. ... ��'�. E� =- w�°r.'�^ -E�- .��. Win' �� `� ^'��+xx�^',-,- .�,°'�'�m �: rr C+�,w..ryTP�`x�;'f'�, ,�,j ��.r��.. I. GENERAL INFORMATION Historic Names: The Marshall Williamson Residence Current Name: 6500 SW 60th Avenue. Location: The residence faces east,; and is Located at the northern end of the block bounded on the north by SW 64th Terrace, on the south by SW 66th Street, on the west by SW 61St Court, and on the east by SW 60th - Avenue. Present Owner Janice P. Dantzler 6500 SW 60th Avenue South Miami, Florida 33143 Present Use: Single Family Residence Zoningg District: Residential— Single - Family Tax Folio Number 09 -4025- 000 -0854 Boundary Description Section 25- 54.40.26AC Middle line of the East 137.10 feet of the north 93.1 feet of the south 327.96 feet of the northwest one - quarter of the southeast one - quarter less the east 15 feet, as recorded in the Public Records of Miami -Dade County, Florida. City of South Miami Historic Designation Report for THE MARSHALL WILLIAMSON RESIDENCE 6500 SW 60th Avenue Page 4 ^'777.,x:-,-^ p" 7 f i IL SIGNIFICANCE Specific Dates: 1935 Architect: Unknown Builder/ Contractor: Unknown Statement of Significance As elsewhere in the most- southern states in the Union, the State of Florida remained segregated well into the 1960s, before the federal Civil Rights Act of 1964 prohibited the legal enforcement of separatist policy. Before that local governments enforced a strict separation of blacks and whites, specifying the only areas where Negroes could reside. The City of South Miami passed an ordinance in 1928 that set aside an area, west of the Dixie Highway that was exclusively for its black residents. In the Greater Miami area there was a group of African - Americans who excelled in business despite the racist attitudes and random attacks so prevalent especially during the first decades of the 20th century. 'South Miami's Marshall Williamson' ranked in that group of men who did so much for their community along with such Miami notables as D.A. Dorsey, Dr. William A. Chapman, and E.W.F. Stirrup who were Williamson's contemporaries. Marshall Williamson, nicknamed the "Little Mayor of South Miami ", arrived in Larkins (South Miami) Florida in 1912, and was the first black man to buy land here. During his lifetime, Williamson was a powerful advocate for South Miami's African- American citizens that he sought to serve. His philanthropy_ extended to all corners of the community, as he donated the land for the J.R.E. Lee School on SW 62nd Avenue and the land for the St. James A.M.E. Church. Contextual History: During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagler's Florida East Coast Railway built an extension from Miami' to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917 the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. Farmers from Alabama, and South Carolina along with many in north and central Florida City of South Miami Historic' Designation Report for THE MARSHALL WILLIAMSON RESIDENCE 6500 SW 60'h Avenue Page 5 followed the railroad south, escaping from the threat of frost that could easily destroy their crops. African - Americans followed these farmers south, and black enclaves grew up in Larkins (South Miami), Goulds and Perrine. During the 19206 all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South' Miami including the Methodist `Church and the Riviera Theater (demolished'.) Residential subdivisions were platted as thousands purchased homes in the area. In March 1926, sixty -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th Street and North Kendall Drive on the south: In 1933 the City's population increased to 1,500 residents, but the corporate limits of the city were reduced to an area of approximately four square miles. In the book "Florida: A Guide to the Southernmost State" produced by The Federal Writer's Project under Roosevelt's New Deal and published in 1939, South Miami was described in this way: SOUTH MIAMI, 9,miles (1,160 population), originally named Larkins for an early storekeeper, was given its present name the day after his death. Several plants here pack tomatoes, truck crops, and citrus for shipment to market. South of the town are abandoned limestone quarries filled with clear water and used as swimming pools. lll. A BIOGRAPHY OF MARSHALL WILLIAMSON (1890- 1972) Marshall Williamson was born on January 31,'1890 in Madison, Florida. Williamson was one of the fortunate few who attended college in those days, and graduated from Georgia State College where he learned carpentry. In 1912 Williamson made his way to South Miami (then called Larkins) where' he purchased land. At one time he owned the land between SAN 64th and SW66th Streets and from SW 62nd to SW 65th Avenue. Williamson was an activist and an advocate for the rights of South Miami's African- American citizens. Encouraging blacks to vote, Williamson was often at the South Miami City Hall where he pursued Black interests, and when problems arose in the neighborhood, it was Williamson who sought to mediate the issues with meetings held in his home at 6500 SW 60th Avenue which he built in 1935. City of South Miami Historic Designation Report for THE MARSHALL WILLIAMSON RESIDENCE 6500 SW 601h Avenue Page 6 71 PR- 3 ;,; Because he was fairly short in stature (5'4") Williamson earned the affectionate nickname of "Little Mayor," In January 1928, the South Miami City Council enacted Ordinance Number 40, which was entitled "An Ordinance Providing for the Segregation of the White and Colored Citizens of the City of South Miami, Flo(ida." The ordinance set out an area in Section 25-54-40 where only Blacks could live. The ordinance did include one exception, ... however, that nothing herein shall operate or be construed to prevent the occupancy of negroes, or people of negro blood, of servants quarters maintained in connection with, or on the premises of white persons, when such persons of color, shall be actually employed as servants by the white person, or persons, on whose premises such servants' quarters are maintained. When reading this today, it seems inconceivable that such policies could be the law of the land. However, in the not too distant past, opportunities for the average Africa n-Am erica n were few and far between. A review of the 1927 South Miami City Directory provides a glimpse into the chief wage-earning jobs available to black citizens. In the South Miami City Directory, after each listing published, a 'c in parenthesis was added to identify the person as an Africa n-Ame(ica n. The one most common occupation for a -man was as a'"laborer" and the most common occupation for a woman was as a "domestic." Other occupations included: chauffeur, carpenter, d(iller, farmer, cook, grocer, and porter. The 1927 directory lists a Marshall Williamson (c), and his wife as "Elnora" His occupation is listed as "laborer". In light of the social status and lack of opportunities that were available to Af(ican-Americans during Marshall Williamson's most active pe(iod, his achievements are deemed even more amazing. Williamsons' skills as a carpenter allowed him to earn a decent wage. Although he may have had other sources of income, it appears that it was his real estate savvy, purchasing land and building houses that earned his relative wealth. Williamson built many of the houses in the four square blocks he owned in Lee -y. Park within the African American communit Mr. Williamson used some of his income and land holdings to improve the lives of his neighbors. In 1916 he donated the land for St. John's A.M.E. Church at 6461 SW 58th Place. The black neighborhood around it became known as "Madison Square" named for Mr. Williamson's hometown. He also donated the land to build the J.R.E. Lee School on SW 62nd Avenue. City of South Miami Historic Designation Report for THE MARSHALL WILLIAMSON RESIDENCE 6500 SW 60th Avenue Page 7 His own home was built in the segregated section designated by the City of South Miami's leaders in 1 928. Built in 1935, the home is quite modest, a one story with four bedrooms and an open carport off to one side. Mr. Williamson and his wife Elnora had eight children, although sadly the majority of his children preceded him indeath. The subdivision immediately, south of Williamson's home is named the "Marshall Williamson Subdivision," and contains five houses that were built by Habitat for Humanity in 2004. No doubt, Mr. Williamson would have been 'proud of his continuing legacy. The City of South Miami has honored the memory _ of Marshall Williamson first by proclaiming "Marshall Williamson bay" in 1969, and then in 1975 the City named a park for him. IV. ARCHITECTURAL DISTINCTION - I Mr. Williamson's own residence is of a type that was quite common in mid -1930s residential construction. Following the Depression of the 1930s, housing tended to reflect traditional forms, but locked the decorative detail that is associated with residential types that possess a particular style.' In an attempt to classify; building types across the nation, Virginia and "Lee McAlester published "A Field Guide to American Houses in 1996. Their classification of this type of home is called "Minimal Traditional." Mr. Williamson's home is one -story, rectangular in plan, and features a shallow- hipped roof covered with shingles. A carport occupies the northernmost one- third of the home, emphasizing the increasing role that automobiles played in daily life. At sometime in the past a "permastone" cladding was placed over the original wall surfaces. " Permastone" is al trade name which has come to he used ,generically to describe all varieties of synthetic materials designed to resemble stone. The materials are precast cementitious "stones" of panels of "stone" attached as a veneer over existing masonry. Eligibility for Designation The proposed designation of the residence at 6500 SW 60th Avenue , meets the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards:" (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: City of South Miami Historic Designation Report for THE MARSHALL WILLIAMSON RESIDENCE 6500 SW 60 +h Avenue Page 8 (c) Are associated with persons significant in our past. Therefore, the Marshall Williamson residence at 6500 SW 60th Avenue is recommended for local historic designation. j Design Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the residence at 6500 SW 60th Avenue the following design guidelines should be consulted, { General The Secretary of the Interior's Standards for Historic Preservation Projects With Guidelines for Applying the Standards (1979) as may be amended: { Specific: • One- story height • Shallow hipped roof covered in asphalt shingles • Carport, north end of east elevation City of South Miami Historic Designation Report for THE MARSHALL WILLIAMSON RESIDENCE 6500 SW 601h Avenue Page 9 I! BIBLIOGRAPHY Dunn, Marvin. Black Miami in the Twentieth Century. (Gainesville: University Press of Florida) 1997 Federal Writer's Project of the Works Progress Administration for the State of Florida. Florida, A Guide to the Southernmost State (New York: Oxford University Press) 1939 "History around Us" The Miami Herald Neighbors Southeast Edition. August 9, 1987, p. 3 "Little Mayor" stood tall as South Miami Leader" The Miami Herald Neighbors, Kendall Edition, January 12 1989 McAlester, Virginia and Lee. A Field Guide to American Houses. ( New York: Alfred A. Knopf) 1996 Protco, Rhoda Ogen and the South Miami Chamber of Commerce. " In and Around South Miami" South Miami, 1976 "Tracing South Dade's Black Legacy" The Miami Herald Neighbors, Southwest Edition, February 19, 1984 Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic_ Designation Report for THE MARSHALL WILLIAMSON RESIDENCE 6500 SW 60th Avenue Page 10 } 'Aw TIE � p o� z e � � 7 F y BRA 2ib.{ PJ .. .T m = 4 t qS t �V \{ y L Lj- b n ` �E �.! /ZU � P J'Y a .: Aj.€s: �4< k'�' ,�.i ,,.�,,M",,4".�is -wT '�.J, ✓seil�s�1 �,$ Y$� r 9� e i"� ,'. 2 N i SOUTH Al h. O� �f q U " ;• INCORPORATED. • 1927 PA CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES MoNDAY JANUARY 30 2006 City Commission Chambers 3:30 PM I Call to order Action: Ms. Clyatt, Vice -Chair called the meeting to order at 3:43 p.m. II. Roll call Roll call was performed. Board members present constituting a quorum: Ms Clyatt, Ms. Chael, Mr. Cooke= Yarborough, "Ms. Dison and Mr. Kurtzman. Board members absent: Ms. Redding. City staff present: Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). City Staff absent: Don O'Donniley (Planning Director). VI. Public; Hearing on Designations (b) HPB -06 -001: 6500 SW 60 Avenue = Marshall Williams Residence • Review of Historic Site Designation Report The Board, staff, and Ms. Uguccioni discussed the designation report. Ms. Uguccioni provided some background on Marshall Williamson. She stated that Marshall Williamson, nicknamed the "Little Mayor of South Miami', arrived in Larkins (South Miami Florida in 1912, and was the first black man to buy land here. During his lifetime, Williamson was a powerful advocate for South Miami's African American citizens that he sought to serve. His philanthropy extended to all corners of the community, as he donated the land for the JR.E Lee School on SW 62" a Avenue and the land for the St. James A.M.E Church.' Ms. Uguccioni described Mr. Williamson's home as a one- story, rectangular in plan, and features a shallow- hipped roof covered with shingles. A carport occupies the northernmost one third of the house. At sometime in the past a "permastone ";cladding was placed over the original wall surfaces. Permastone is a trade name which has come to be used generically to describe all varieties of synthetic materials designed to resemble stone. Ms. Uguccioni indicated the proposed HPB Minutes January 30, 2006 Page 2 of 2 designation of the Marshall Williamson Residence meets the criterion contained in the South Miami Land Development Code, Section 20.4.9 entitled "Historic Preservation Standards ". • Public Comments Ms. Janice Dantzler daughter of Marshall Williams wanted to clarify that the house sits on a portion of the land and that only that section of land with the house would be designated. • Designation of 6500 SW 60 Avenue Motion:Mr. Kurtzman moved to approve the designation report. Ms. Chael seconded the motion. Vote: Approved 5 Opposed 0 Motion: Mr. Cooke - Yarborough moved to have a special historic recognition plaque for Mr. Marshall Williamson and look into having a ceremony in conjunction with Dade Heritage Days. Mr. Kurtzman seconded the motion. Vote:' Approved 5 Opposed 0 r CITY OF SOUTH MIAMI PLANNING BOARD / Action Summary Minutes Regular Meeting Thursday, February 16 2006 City Commission Chambers 7:30 P.M. EXCERPT L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:36 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Mr. Beilman, Mr. Davis and Mr. Farfan. Board members absent: Mr.- Comendeiro, Ms. Yates. City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP ; (Planning Consultant), - Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary): III. Administrative Matters. None IV. Planning Board Applications / Public Hearings PB -06 -007 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6500 SW 60th AVENUE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. u Planning Board Meeting February 16, 2006 Page 2 of 3 Action: Mr." Morton read the item into the record. Mr. O'Donniley explained that the designation of this building is based upon its unique contribution to the history of the City of South Miami as the residence of Mr. Marshall Williamson, an early African - American pioneer and major land owner in the City. At the Historic Preservation Board meeting of January 30, 2006 and following a public hearing,' the Board adopted a motion recommending that this building be designated an historic site with a vote of 5 ayes 0 nays. In addition, Mr. O'Donniley provided the following staff observations: (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current'LDC regulations governing historic site /district designations (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2: Preserve historic resources by experiencing; no demolition or reconfiguration of specified resources ........:" (3) The alteration, renovation, remodeling, or landscape; change affecting the exterior of a designated historic building will require special approval in the form of 'a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.9) entitled Design Review Guidelines` which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed, designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's SR (HD -OV) Specialty Retail, Hometown District Overlay) zoning district. Recommendation Staff recommended that the historic designation and the placement of an "HP -OV "' district over the existing zoning district for the building at 6500 SW 60 Avenue be approved. The Board discussed this item. Ms. Lahiff asked if it protected the land » on which the residence sits on because she felt that the size of the property is most impressive and should be preserved and protected from development Mr. O'Donniley replied the primary protection is the residence but the historic preservation overlay zone district would overlay the whole property. Chair Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE' Ruth Williams Supported Ms. Williams informed the Board she is Mr. Williams' daughter. She agreed with the designation but wanted to clarify that the house sits only on a portion of the land. Planning Board Meeting; February 16 2006 Page 3 of 3 Chair Morton closed the public hearing. Motion: Mr. Farfan motioned for approval of the historic designation.. Mr. Beilman seconded the motion. Vote: Ayes` 5 Nays 0 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADEc Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday„ and Legal; Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a`Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING'- APRIL 18, 2006 in the XXXX Court, was published in said newspaper in the issues of ' 04/07/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except, Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this vertise o ublication -in the said newspaper. Sworn to and subscribed before me this 07 o D_-2 6 (SEAL) Maria I. Mesa My Commission DD293855 O.V. FERBEYRE person n to me I *0,F EM*es March 04, 2008 ���„ r'*�,, 4 7 .:.. .-tea ,:Pr •r';21'� � "`�s =R€'�" '^',.��y '�"P n"I�':�'f' .F 3'�'� �;R- :.R."'if. -.t P ..� 5'. 34 N NEIGHBORS`CALENDAR a -CALENDAR, FROM 33 District 1 can apply for the scholarship 1 -3 p.m. Saturdays; Historical Museum Park, 10800 Collins Ave., North Miami admission of $11.50 adults, $10.40 a' program. 30S-835-8835 or of Southern Florida, 101 W. Flagler St., Beach; free; at Skyward Kites; kites seniors, $6.75 children ages 3x12, Fre 305- 770.3115. Miami, 305- 375 -1492, www.historical- can be purchased at prices starting at Zoological Society of Florida mem Gables; free, 305- 284 -2872, ArtCenter Story Time: Readings of i museum.org; free. 305- 375 -1492 or $5.305 -893 - 0906. bers and children under 2. 305 -284 -1603 or send an e-mail to stories followed by art projects based www.historical- museum.org: Slough Slogs: Ranger guided off -trail 305-251 -0400. alumni @miami.edu. on the selected stories and exhibi- a Tropical Rhythms, Learn about the tour of the wetlands; l p.m. Saturdays; o tions in the gallery for ages 4 -10;10 sounds of the Caribbean and how Everglades National Park, 40001 SUMMER CAMPS FOR KIDS & FAMILIES 11:30 a.m. third Saturdays; ArtCenter they have evolved into musical State Road 9336, main entrance, SouthFlorida ,800 Lincoln Rd., Miami genres: April 15. Southwest Miami- Dade,$15 Per per- Alper JCC Summer campOpen _ FasTracKids Education Enrichment: Beach; $10,$S members. Main Street Players Workshop: Stu- son, $7 children 12 and under. House: Learn about the camps, whic a Children ages 3 -7 can learn about 305 -674 -8278, dents prepare for auditions and are 305- 221 - 8776. will beheld in June and July; 7:30 p.r f earth sciences and astronomy; 4 -6 El Dance presentation by Fred - given the opportunity to participate Step and Drum Battle: Teen and high April 16; Dave and Mary Alper Jewist LU p.m. Fridays; FasTracKids Enrichment dick Bratcher and Company, based in the production of PeterPan; school step teams and drumiines will Community Center, 11155 SW 112th r Education Academy, 12517 S. Dixie on the folktale El Gallo deBodas by through April 18; Main Street, Play- participate in the competition; 4 -9 Ave., Miami; free; Youth and Adult Hwy., Miami; free; appointment Lucia M. Gonzalez. The program house, 6766 Main St., Miami Lakes; p.m. April 15; North Miami Beach Per- building. 305- 271 -9000, ext.271. E required. 786- 242 -4237 or www.fast includes an interactive segment with $120,$90 members. 954- 675 -6421: forming Arts Theater, 17011 NE 19th Children's Summer Science Camp: trackids.com. the company dancers after the per- • Ages 11 -14: 4:30 -5:30 p.m. Tuesday Ave., North Miami Beach; $10,$7 chil- Children entering second through 2 - Alternative Directions Music Indus- formance,11 a.m. April 15; Coral and Thursday; dren. 305 -948 -2957. sixth grades can participate in the try Training Program: Provides infor- Gables Junior Woman's Club, 1009 E. a Ages 15 -18: 5:30 -6:30 p.m. Tuesday Venom'Week at Metrozoo: Learn camp sponsored by Barry Universi- mation on sound engineering, video Ponce de Leon Blvd., Coral Gables; and Thursday. about the top 10 deadliest snakes of ty's School of Natural and Health Sci 2 production, artist management and free. 305-302-8947. Skyward Kites: Staff on hand to help the world, activities include presenta- ences; 8:30 a.m.-4:30 p,m. May 30- recording studio operations. Groups Family Fun Days at the Historical with assembly and give instructions tions and live music; 11 a.m.-3:30 p.m. June 23; Barry University, 11300 NE of 10 ages 72 -20 affiliated with Museum: Features interactive activi- -on how to be a,master kite flier; l0 through April 13; Metrozoo, 12400 SW Second Ave., Miami Shores, ti school or nonprofit organization: in ties including art, crafts and drama; a.m.-sunset daily; Haulover Beach 152nd St., Miami; free with museum 305- 899 -3689 or www.barry.edu; co SOU7. ♦ I EIserhat Concert Series tffitlt Ilarnl�ktatD® 3 • � Q lit - perlorodno mouth 2 ear resoscnodon) COURTESY NOTICE °°em- CITY OF SOUTH MIAMI, FLORIDA Saturday, April 22 at 7:30pm. On Tuesday, April 18, 2006, beginning at 7:30 p.m., in the City Commission Chambers, Tickets: Adults $25, Students and. Senkn $15 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the P6w 305W.3436 following items: Pmonled by BJ1UWyM0Mk.. AN ORDINANCE AMENDING SECTION 2.26.11(F) OF THE CODE OF ORDINANCES IN ORDER TO PROVIDE wah�d THAT THE TERM OF OPERATION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE SHALL BE ThecNydcndGdle EXTENDED AND SETTING FORTH ATERM OF OFFICE FOR COMMITTEE MEMBERS. adile GJtud NfwCwd 9e Mbt�daC.* M.W AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF adtleeaoddCwyCamrceaen SOUTH MIAMI LAND' DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING wwwelurn2zeronet LOCATED AT 6133 SW 63rd TERRACE AS A' HISTORIC SITE AND BY PLACEMENT OF A HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS St. Tha nas Episcopal Parish PROPERTY a It 5640 North Kendal Drive Cord Gdblar, R. 33156 wwwS11-0009 AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF i iv is 111 r'lti''i* ik 1141& 1* 111V J1* 11V 11* 11k k 11* lit 1141tr1 k -r 1 SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING 'I LOCATED AT 6500 SW 60th AVENUE AS A HISTORIC SITE AND BY PLACEMENT OF A HISTORIC 'i PRESERVATION OVERLAY ZONE.(HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS � Si k i Pah JL I PROPERTYrE�CS ? All AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL' ZONING MAP OF THE CITY OF 19Te treat atnd ,restore 111* BUILDING) LOCATED ATT DEVELOPMENT 837 SUNSET RIVE AS A HISTORIC SITE AND BY PLACEMEINT F A HISTORIC '1t health to ail trees, I PRESERVATION OVERLAY ZONE- (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS ,,�' bushes, ','lawns, on PROPERTY. your whole property: ilk Diagnosing and treating_; Inquiries concerning this item should•be directed to the Planning and Zoning office at: 305 - 663 -6326 '1'r landscape disease, insects, and Nutrition -Problems '1 ALL interested parties are invited to attend and will be heard. f i ox over 30 years. Maria M. Menendez, CMC 'i - - — - — — — - — — — City Clerk- For .A Na,Oi Hg2ition Consultation Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any 'r' CALL: � decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, 11" Land Cape Science he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a ^r verb ttim record of the proceedings is made which record includes the testimony and evidence upon which the appeal ;r `3�5� r �q _ -. is to be based. • i g a a I s SOUS South Miami o kwAll 3. q AN��ICa�JI • INCORPORATES CITY OF SOUTH MIAMI 1 P fi 1927 �. OFFICE OF THE CITY MANAGER oRCo INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: Don O'Donniley, Planning Director Dater April 18, 2006 Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY BUILDING) LOCATED AT 5837 SUNSET DRIVE AS AN HISTORIC' SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABHITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Request: The Shelley Building located at 5837 Sunset Drive' is one of six commercial structures identified as a "contributing building" in the 1994 Hometown District Plan. It is also the second historic designation of contributing buildings located in the Hometown District. The designation of the building is based upon its unique architectural style and its association with the history and the development of the City of South Miami. The attached designation report describes the significance of the properties (pp.6,7,8). The Historic Preservation Board at its May 23, 2005 meeting reviewed the Designation Report, conducted a public hearing, and adopted a motion by a vote of 4 ayes 1- nay (Ms. Chael) recommending that the historic designation be approved. The Planning; Board at its January 31, 2006 meeting, after a public hearing, adopted a motion by a vote of 6 ayes 1 nay (Mr. Morton) recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP-OW district over the existing zoning district for the building at 5837 Sunset Drive be approved on second reading Backup Documentation: Draft Ordinance Planning Department Staff Report Designation Report Excerpt Historic Preservation Board Minutes' 5 -30 -05 Excerpt Planning Board Meeting 1 -31 -06 Communication to property owner 11 -10 -05 Public notices YSM /DOD/ \\MCGRUFF \PLA I \Comm Items\2006 \4 -18 -06 \5837 Sunset HP -OV CM'report.doc 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, RELATING TO A:REQUEST TO AMEND THE OFFICIAL ZONING MAP 5 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A 6 COMMERCIAL BUILDING (THE SHELLEY BUILDING) LOCATED AT 5837 SUNSET 7 DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION 8 OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE ' DISTRICT FOR THIS 9 PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN` 10 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, Application No. PB -05 -022 was submitted to the Planning Department by the 14' Historic Preservation Board, said application requesting to amend the official zoning map of the City of 15 South Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property 16 identified as 5837 Sunset Drive.; said property legally described as Lots 5, 6, and 8, Cooper's 17 Subdivision, as recorded in Plat Book 4, page 152 of the Public Records of Miami -Dade County, Florida; 18 and 19 ' 20 i May 23 2005 meeting reviewed the Board at is the Historic Preservation oa WHEREAS, Y g 21 Designation Report for 5837 Sunset Drive and recommended that the proposed site be designated historic; 22 and 23 24 WHEREAS, the proposed historic designation and rezoning is consistent with the goals and 1 25 policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and 26 27 WHEREAS, on January 31, 2006, after public hearing regarding the application of the HP -OV 28 zoning to 5837 ,Sunset Drive Avenue, the 'Planning Board recommended approval by a vote of 6 aye 29 and l nay; and 30 31 WHEREAS, , the City Commission desires to accept the recommendations of the Historic 32 Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 35 OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 Section 1. That the City's Official Zoning Map shall be amended by placing the Historic 38 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for 39 property identified as the Shelley Building located at 5837 Sunset Drive said property legally described as 40 Lots 5,'6, and 8, Cooper's Subdivision, as recorded in Plat Book 4, page 152 of the Public Records of 41 Miami -Dade County,' Florida. 42 43 Section 2 . That the Designation Report for the building at 5837 Sunset Drive as prepared by the 44 South Miami Planning Department (May, 2005) is identified as Attachment "A" and is attached to and 45 made part of this ordinance. 46 47 Section 3 The Design Review Guidelines set forth in the Designation Report for the building at 48 5837 Sunset Drive and the provisions contained in the Land Development Code pertaining to review of 49 building permits, certificates of appropriateness, and demolition are applicable to the property at 5837 50 Sunset Drive. 51 5'2 2 1 2 3 (2) 4 5 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held 6 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of 7 the remaining portions of this ordinance. 8 9 Section -5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance 10 are hereby repealed. 11 12 Section 6. This ordinance shall be effective immediately after the adoption hereof. 13 14 15 16 PASSED AND ADOPTED this day of , 2006 17 18 19 20 ATTEST: APPROVED: 21 22 23 24 CITY CLERK MAYOR 25 26 lst Reading 27 2"d Reading — 28 COMMISSION VOTE: 29 READ AND APPROVED AS TO FORM: Mayor Feliu: 30 Vice Mayor Wiscombe : 31 Commissioner Palmer: 32 Commissioner: Birts: 33 Commissioner Beckman: 34 CITY ATTORNEY 35 36 37 38 39 40 Attachments 41 Attachment "A" Designation Report for 5837 Sunset Drive 42 43 44 45 46 47 48 49 50 I, \\MCGRUMPLANNING\Comm Items \2006 \4- 18- 06\PB -05 -022 HP -OV Shelley Build Prop Ord..doc S0U7T,� South Miami All- Imefta City 'INCORPpRATED 1927 O R Y 10 A 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Date: January 31, 2006 Planning Board Members' From: Don O'Donniley RE: LDC Map Amendment —HP -OV Planning Director Shelley Building, 5837 Sunset Dr. PB -05 -022 Applicant; City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY BUILDING) LOCATED AT 5837 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its May 23, 2005 meeting reviewed an historic designation report for the a commercial building located at 5837 Sunset Drive. Following a public hearing, Board adopted a motion recommending that this building be designated an historic site. In 2004 the Land Development Code was amended to create the "HP -OV" Historic Preservation Overlay zoning district and to require that designations become a zone map change. The procedures set forth in that amendment requires the Planning Board to hold a public hearing on all designations L, recommended by the Historic Preservation Board. APPLICABLE REGULATIONS The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. i _..._ .., ., i LDC HP -OV Rezoning Shelley Building January 31, 2006 (2) (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and /or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review shall be pursuant to the provisions set ; forth in Section 20 -5.5, "Applications requiring public" hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. SHELLEY BUILDING The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board after a public hearing at its May 23, 2005 meeting by a vote of 4 ayes 1 nay (Ms. Chael). The report contains ` a detailed history of the building and includes photographs. The designation of the building is based upon its unique architectural style and its association with the history and the development of the City of South Miami. The attached designation report describes the significance of the properties (pp.6,7,8). STAFF OBSERVATIONS (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing; historic site /district designations. (2) The Shelley Building is one of six buildings identified as a "contributing building" in the Hometown District Plan and Overlay District. (3): The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........... (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of `appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.9) entitled Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's SR (HD -OV) Specialty Retail, Hometown District Overlay) zoning district. 7� LDC HP -OV Rezoning Shelley Building January 31, 2006 RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OV district over the existing zoning district for the building at 5837 Sunset Drive (Shelley Building) be approved'. Attachments:> Designation Report Minutes- Historic Preservation Board 5- 23 -05' Public notices i DOD /SAY ,o E:\PB\PB Agendas ff Reports\2006 Agendas Staff Reports \1- 31- 06\PB -05 -022 Shelley Building HP -OV Report.doc 5 30 ` 5820 751:35 in � 10 1 0 5891 P 5 14-24 , 20 N �� 19 18 S.1 5805 g t S.W. 71 ST 25 25 � O 5344 5C6 • W 13 23 (328 27 29 P O `'850 21 8 2 �6 28 �0 31 3 Q 0 15 16 17 5 1 ! ~ oo 150 1 108 2 1,BK 4629 PG 686 BK 815 PG 670 50 €- V s 17 01 07 r . 1:5 1 Q 04 fi1� 1. 2 06 M 2 � 15 o 4 9 � 0 11 l 13 1 3 4 7 02 is �. 5795 _ 5875 585 -63 5855 �` s8?as 25' 110 Q5 M525 2s 2Ji sn >� 5873 50 50 25} 2S BK 4629'PG 686 BK 815 PG 670 Co 2 - - -- cu 31 �-° S.W. 72 ST. W,A, LARKINS SUB 1r -f-+, _ - ,— e =,.--- r --�-°- ,.°� -�, '.f: .'3�5Sr��•.,?`�. ,.`�"`'"k�s�. r�x. �"P+2, ��'�am;'=F`�P des �„"'P��"�R"'�� =.x- -�' . �i°�;- ..,F�, -?? �.�� °z,��. -.;=, �' �rr?an . �. City of South Miami Historic Site Designation (HP -OV) - Shelley Building 5837 Sunset Drive SW J 5950 0. CO 5928 7592o 89 0 87 0 6611 5858 5907 5897 5875 Cn 6845 S 6 , 5879 5879 5885.. 6900 5927 5887 5890 zSB21- n 7001 5996 5959. 7019 5995 0 _0 TH ST ' 5818 ' 5798 5780 5712 i 5834 5791 O 0 579 5750 • 795 5711 • 37 5 83 5764 5760 752 qp�� Sno 6601 F�p� 5820 5763 5 5850 ' r 0 ■ 5864 ■ 5801 y 0 p \�\� ■ 1578 CO ■ 7090 J 5810 5715 ■ d 5820 ■ SW 71ST ST SUBJEC o 5960 � PROPE Y ' N 0 ■ 6075 5975 '� 5840 28581 W E J 6915 5995 5657 5795 � � 5875 855 5825 5801 93 SW 72ND ST SW 72ND ST SUNSET DR 00 ■ 6110 5950 09 5880 5860 5650 5840 5800 5796 5760 73 5640 6000 6000 20 0 [5898 5738 5700 592 0 5930 0 7230 0 7211 0 5750. 5685 5659. 5829 0 5946 0 0 0 0 0 � 5795 7230 7301 6000 L7 M5791 7301 5940 7331 5824 5818 5800 7311 7311 7300 5950 7310 7321 5650 0 0 7321 7325 LO 5966 6022 0 5901 0 0 7331 7390 • E7375 5970 BD4o _ HST ■ 5950 5901 7400 7400 ! 0 D 0 U 5875 5839 5801 5791 5730 • s _ 7420 7435 M SW ;74TH TE X410 742o SW 74TH TE 7430 � 5890 5864 5800 7440 (n 578�785770, 5730 7450 7441 7500 ■ TABLE OF CONTENTS General Information...... ...... .............................4 Statement of Significance..` ............ .........................5 Contextual History ......................... .......................5 Architectural Distinction ............. ..............................7 Eligibility Criteria...... ............... .......................8 Design Review Guidelines .......... ..............................9 Bibliography .................................. .............. ............ 10 Photographs ............................. .............................11 City of South Miami i Historic Designation Report for 5837 Sunset Drive (The Shelley Building Page 3 I. GENERAL INFORMATION Historic Names: The Shelley Building The Dutcher Building The Rutherford Apartments Current Name; 5837 Sunset Drive Location: 5837 Sunset Drive (SW 72nd Street) Located on the north side of Sunset Drive, mice -block between South Dixie Highway on the west and SW 58th Avenue on the east Present Owner: Roberts Investment Company' PO Box 561061 Miami, Florida 33256 Present Use: Retail (Stores)' Zoning District: Commercial/ Medium Density Tax Folio Number 09- .4025- 030 -0050 Boundary Description Lots 5, 6, and 8 Cooper's Subdivision, as recorded in Plat Book 4, page 152 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for 5837 Sunset Drive (The Shelley Building), _ Page 4 II. ' SIGNIFICANCE Specific Dates: 1926 Architect: Unknown Builder/ Contractor: Unknown Statement of Significance The Shelley Building is a rare survivor of the real estate boom in the City of South Miami. The two story mixed -use (retail and residential) building was constructed by Robert Shelley, son of one of the earliest pioneers in the area, who was a contemporary ` of such instrumental leaders as the Dorns, the Opsahls, the Dowlings;;and the Larkins' families. Despite changes to the storefronts and the windows of the second story, the Shelley Building continues to convey its landmark architecture. Its Mediterranean Revival design, ' which reflects the influences of the American Southwest, as well as the Mediterranean Basin, was the .preferred style of architecture during the height of the real estate boom in Dade County. Contextual History: During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagler's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. ; By 1917 the population of the town had reached approximately 350. , By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. During the 1920s all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in 'South Miami including the Methodist Church and the Riviera Theater (demolished.) Residential subdivisions were platted as thousands purchased homes in the area. By 1927, the real estate boom had abruptly ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in 1929. f City of South Miami Historic Designation Report for 5837 Sunset Drive (The Shelley Building) Page 5 ��-7.�- .,,. -. The "Golden" Triangles The dramatic diagonal created by the Florida East Coast Railway line and the construction of South Dixie Highway ( US 1) that paralleled it, was responsible for creating' a series of pyramidal- shaped blocks that were later platted. The resulting lot shapes were irregular at the intersection of the three sides of the triangle., The Shelley Building at 5837 Sunset Drive is located in Cooper's Subdivision, platted In April 1919 by Mr. H.D. Cooper and his wife Lovilla J. Cooper. That triangular plat was bounded on the south by Sunset Drive (at the time identified only as ``County Rock Road ") and on the north and west by South Dixie Highway and on the east by SW 58th Avenue. The block immediately to the south of the Shelley Building was platted by South Miami pioneer W.A. Larkins in June, 1915 and the block west of it, fronting onto South Dixie Highway was platted by Harold Dorn, also in 1915. The Dorn Buildings at 5900 and 5904 SW 72nd Street were constructed in 1926 during the height of the real estate boom In South Florida. This section of what was still the Town Larkins experienced a great surge in the building of commercial structures and its very location became the hub' for the commercial expansion of the downtown. The building at 5837 Sunset Drive was built at the same time as the Dorn' Buildings, by Robert Shelley, son of one of the earliest pioneer families in South Miami. The Shelley Family George H. Shelley, his wife Hope and sons Hartwell, Clair, Harold, and Robert werei originally from Hornell, New York. Later they moved to Omaha, Nebraska where Mr. Shelley operated a grocery store. In 1911, George Shelley visited the area and for $150, purchased five acres of land from the Model Land Company (a subsidiary of Flagler's Florida East Coast' Railway) on the north side of Sunset Drive at 62nd Avenue. In 1916 Robert married Sue Ramsey (daughter of A.H. Ramsay) It was Robert who built the grocery store at 5837 Sunset Drive. Later he doubled the size of the store and added a dry goods section and clothing for men and women. His father George operated a real estate office in one corner of the store. The business section of the 1927 City Directory contains this listing, under the category of 'Dry Goods-Retail": Shelley's Inc. Sunset Drive near Bailey Street. South Miami City of South Miami Historic Designation Report for 5837 Sunset Drive (The Shelley Building)' Page 6 The alphabetical section which includes both residences and businesses lists this: Shelley's Inc. Sunset Drive near Bailey Street, Department Store, R.J. Shelley, President; Mrs. Sue R. Shelley, Vice - President, Hope Davis, Secretary- Treasurer. Shelley was an influential citizen who, along with J.L. Paxson, W.G. Stang, J.B. Hayden, P.C. Kendal, Lyda Carroll, J.W. Barrs and Mrs. F.J. Ravelin, formed an incorporation committee to encourage and manage the growth of their town. In March 1926, sixty -nine out of the eighty -five qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the Town of South Miami. At that time the boundaries, which covered approximately six square' miles, were: Red Road on the east Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th Street and North Kendall Drive on the south. Robert Shelley continued to expand the store first by adding four apartments and later constructing an arcade' across the front. Robert operated the store until 1930 when he liquidated all his stock at auction. He then opened a radio and appliance business at 3015 Grand Avenue. Robert Shelley became a millionaire` with an ingenious patented` invention. He designed a spring that would bring up the last bottles in a beer cooler to the top, making them easier to reach. Operating as the Shelley Manufacturing Company, his patent was used to make all kinds of self - leveling machines particularly in cafeterias. Robert Shelley died in November 1983. Building permits issued in the later 1940s indicate the owner of the building as the "Joetik Realty Company." Dan R. Dutcher is the signatory for- Joetik Realty, indicating he was an officer in the company. The building was owned by Joetik Realty at least from 1946 through 1961: !!l. ARCHITECTURAL DISTINCTION The Shelley Building was constructed in at least two stages, the first in 1926. Most likely, that part of the building was the one -story section. In the book Villages of South Dade, the author tells us that the apartments were later added to the building, as well as the extension of the loggia to the south. The building is best described as "Mediterranean Revival" in style, although the rounded center parapet is also found in Mission style designs. 1 An arcade is defined as a range of arches with their supports, and a passageway, one side of which is a range of arches supporting a roof. Frequently the word is used interchangeably with the term "loggia" City of South Miami Historic Designation Report for 5837 Sunset Drive (The Shelley Building) Page, 7 The features of the Mediterranean Revival style include vast expanses of stucco with ornamentation limited to the doors and windows; the use of the arch form, (as is seen in the repetition of round arches that compose the arcade,) the use of casement windows, and a prominent parapet that is shaped. The original beaded board is evident in the roof of the loggia, although damaged in places: Alterations A- comparison of the building with an historical photograph displayed in the South Miami City Hall, illustrates some of the alterations which have occurred over time. The most obvious change to the building is the loss of the balustrade that once surmounted the loggia. Other changes include the replacement of the original casement windows of the second story and alterations to the storefronts on fhe first floor. Despite these ;changes, the Shelley Building is clearly understood as an historic building, and refains a sufficient degree of integrity for its listing in the South Miami Register of Historic Buildings. Eligibility for Designation The proposed designation of The Shelley Building;, 5837 Sunset Drive, meets the following` criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards:" (a) Districts, sites, structures and objects of national,, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (b) Are associated with events that have made a significant contribution to the broad patterns of our history, and (c) Are associated with the lives of persons significant in our past, and: (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction City of South Miami Historic Designation Report for 5837 Sunset Drive (The Shelley Building) Page 8 The Shelley 'Building, 5837 Sunset Drive meets the criteria contained; in paragraphs (a) through (d), and is therefore recommended for local historic designation.. Design Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the ,property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape ' features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the Commercial Building at 5837 Sunset Drive (The Shelley Building) the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects With Guidelines for Applying the Standards (1979) as may be amended. Specific: Two stories in height One story arcade (west) elevation Rough textured stucco finish Shaped parapet City of South Miami j Historic Designation Report for 5837 Sunset Drive (The Shelley Building) Page 9 BIBLIOGRAPHY Building Permits, City of South Miami, Planning Department Federal Writer's Project of the Works Progress Administration for the State of Florida. ``Florida, A Guide to the Southernmost State (New York: Oxford University Press) 1939 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade House) 1949. Protco, Rhoda Ogden and the South Miami Chamber of Commerce. In and Around South Miami: A Kaleidoscope o f the Past and Present. (South Miami: 1976) R.L. Polk City Directory, Miami: R.L. Polk Company, 1927. Taylor, Jean. The Villages of South Dade. (St. Petersburg: Byron Kennedy and Company) Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic Designation Report for 5837 Sunset Drive (The Shelley Building) Page 10 i - .c,,. -.. :am °• n�'6�'�i'{,""','x-a a=°^„ e..'j v ,e;F.7. s'F�'3 -�',t a r ^a -c'; `�?:; 'f5": ,. dY� �.;' ,: - n 24 r s h i r t 13 50Ux�j O�, Al • INCORPORATED 1927:, O R110 CITY OF SOUTH MIAMI_ HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES MoNDAY, MAY 23, 2005 City Commission Chambers 3 :30 PM EXCERPT I. Call to order Action: Ms. Redding called the meeting to order at 3:30 p.m. IL Roll call Roll call was performed. Board members present constituting a quorum: Ms. Lahiff, Ms. Clyatt, Ms. Dison, Mr. Kurtzman, and Ms. Chael. ;I Board members absent: Ms. Redding and Mr. Deere. City staff present: Don O'Donniley, (Planning Director), Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). IH. Public Hearing on Designations (HPB -05 -003) 5837 Sunset Drive (Shelley Building) (A) Review of Historic Site Designation Report " Mr. Youkilis explained to the Board the process of Historic Designation for the Shelley Building. Next, Ms. Ellen Uguccioni '(Cultural Resource Consultant) presented the designation report for the Shelley Building. She indicated that the Shelley Building is a rare survivor of the real estate boom in the City of South Miami. The two story mixed -use (retail and residential) building was constructed by Robert Shelley, son of one of the earliest pioneers in the area, who was a` contemporary of such instrumental leaders as the Dorns,- the Opsahis, the Dowlings and the Larkins' families. Although' there have been changes to the storefronts and the windows of the second story, the Shelley - Building continues to convey its landmark architecture. The building has Mediterranean Revival design, which reflects the influences of the American Southwest, as well as the Mediterranean Basin, which was the preferred style of architecture during the height of the real estate boom in Dade County. At this point, the Board, staff, and Ellen Uguccioni discussed the designation report. HPB Minutes May 23, 2005 Page 2 of 3 Ms. Uguccioni also informed the Board that the Shelley Building was constructed in at least two stages, the first in 1926. Most likely, that part of the building was the one -story section. In the book Villages of South Dade, the author tells us that the apartments were later added to the building, as well as the extension of the loggia to the south. She also stated that the building is best described as "Mediterranean Revival" in style. The features of the Mediterranean Revival style include vast expanses of stucco with ornamentation limited to the doors and windows; the use of the arch form, the use of casement windows, and aprominent parapet that is shaped. Ms. Uguccioni ended her, presentation of the proposed designation and concluded that the Shelley Building met the criterion "contained in the South Miami land development Code, Section 20.4.9 entitled "Historic Preservation Standards" therefore it is recommended for local historic designation. (B) = Public Comments: Speaker present: Mr. Daniel A. Weiss, Esq- (representative for owner of the property) Action: the Board, staff, Ms. Uguccioni, and Mr. Weiss discussed the designation of the Shelley Building. Mr. Weiss informed the Board and 'staff that he will be representing Robert Investments Company and Mr. Bob Smith the owner of the property, Mr. Weiss noted that a portion of the property included in the tax folio which is presented in the designation report but that section of property is not part of the proposed historic property. Mr. Weiss` described the portion as the one -story brown colored building and is not covered by the arcade. Board member Mr. Kurtzman noted that if the brown colored building has the same property address and folio the Board can only comment on it to make sure this portion of the property is not included in the designation report.' Mr. Weiss requested that the Board make a stipulation that a correct legal description for the proposed designated historic property is used because' he does object to including a portion of the property that is not historic. Ms.' Dison suggested to reviewing' the site plan for clarification. Mr. Weiss also addressed the issue that no ad valorem tax incentive have been implemented by the city and burden of required parking regulations are some of the reasons that his made his ` client, Mr. Smith decide that designating his property historic is premature. Mr. O'Donniley commented that the ad valorum tax incentives is being presented to the Planning Board and then by will be sent to the City Commission. Furthermore, staff indicated to Mr. Weiss that the Shelley Building presently has aparking exception because it is a contributing building. At this time, Ms. Chael entered the meeting. Mr. Weiss respectfully informed the Board that Mr. Smith feels there is no other position but to object to the designation. Furthermore, Mr. Smith needs additional time to assess the designation and the advantages and disadvantages that come with it. Mr. Weiss urged the Board to table the designation or deny it because designating the Shelley Building would be a "taking" of his client property. Ms. Dison' stated that the Board is not "taking" the 'property but is preserving the building which is a piece of South Miami history. HPB Minutes May 23, 2005 Page 3 of 3 (C) Designation of 5837 Sunset Drive as an Historic Site Motion: Ms. Dison moved that the Shelley Building with the exception of the non - conforming addition be considered as appropriate for historic designation within the Hometown District of the City of South Miami. Ms. Lahiff seconded the motion. Vote: Approved 4 Opposed 1 (Ms. Chael) Note: Mr. Weiss made an objection that Ms. Chael voted because she missed a portion of Mr. Weiss' remarks. However, staff clarified that a Board member can only abstain from voting if there is a financial gain in the matter. i DOD /SAY /pel K:\HPB Historic Bd\HPB Minutes\2005 Minutes\HPB Mins 5- 23- 05.doc SOUTH F � U • INCORPORATED • 1927 C p RSV A CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 3t, 2006 City Commission Chambers 7:30 P.M. EXCERPT L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. TL Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates, Mr. Beilman, Mr. Comendero, Mr. Davis and Mr. Fa rfan Board members absent: None' City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Jim Montalvo, Esq. (City Attorney), Brian Edney (Video rt and Patricia E. Lau derman (Planning Board` Secretary). Support), ( g IV. Planning Board Applications 1 Public Hearings PB -05 -022 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND` DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY BUILDING) LOCATED AT 5837 SUNSET DRIVE AS AN HISTORIC SITE AND BY 'PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES N CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mr. Morton read the item into the record. Mr. O'Donniley explained that the Historic Preservation Board at its May 23, 2005 meeting reviewed an historic designation report for .- .,.,..z.. Planning Board Meeting January 31, 2006 Page 2 of 3 the commercial building located at 5837 Sunset Drive. The historic designation report was prepared by Ms. Ellen Uguccioni, who is the city',s historic cultural resource consultant. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. In 2004 the Land Development Code was amended to create the "HP -OV" Historic Preservation Overlay zoning district and to require that designations become a zone map change. The procedures set forth in that amendment requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. Furthermore, Mr. O'Donniley indicated that the designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to the staff report is the Designation Report which was approved by the Board after a public hearing at its May 23, 2005 meeting by a vote of 4 ayes l nay (Ms. Chael). In addition, Mr. O'Donniley provided the following staff observations: (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC'regulations governing hstoric'site /district designations. (2) The Shelley Building is one of six buildings identified as a "contributing building" in the Hometown District Plan and Overlay District: (3) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........ (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.9) entitled Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's SR (HD -OV) Specialty Retail, Hometown District Overlay) zoning district. Recommendation Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 5837 Sunset Drive (Shelley Building) be approved. F Planning Board Meeting January 31, 2006 Page 3 of 3 Applicant: Alfred Aronovitz, Esq (applicant's representative) Mr. Avonovitz explained that after carefully reviewing the ordinance, his client Dr. Steve Halegua did not agree with the designation. Mr. Avonovitz indicated that Mr. Halegua felt the building had basic ` construction and : that the storefront had gone through several changes through the times. In addition, the issue of no ad valorum 'tax incentive was not enough reason to 'agree with the designation, he felt there would be more disadvantages than advantages for him in making the property historic designation. Chair Morton opened the public hearing. No one spoke on the item Chair Morton closed the public hearing. Motion: Ms. Yates motioned for approval of the designation. Mr. Comendeiro` seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Morton) E: \Comm Items\2006\3- 7 -06\PB MINS 1 -31 -06 Shelley Excerpt.doc PLANNING DEPARTMENT South Miami CITY OF SOUTH MIAMI -F 1 o r 1 d a v 6130 SUNSET DRIVE ' SOUTH MIAMI, FL 33143 - All - America City, Tel: 305 - 663 -6326 i t Fax: 305-668-7356 a.` L 4 iooi November 10, 2005 Dr. Steve Halegua 7600 Red Rd. South Miami, FL. 33143 Re: Proposed Historic Designation- 5837 Sunset Dr. (Shelley Building) Dear Dr. Halegue: This letter is to advise that your property at 5837 Sunset Drive is being considered for possible designation as an historic site. This City's Land Development Code provides for the designation of properties because of unique architectural or historic significance to the City of South Miami. The South Miami Historic Preservation Board at its May 23, 2005 meeting approved a designation report for the property which is the first step in the process to declare a property as an historic site. The next step in the designation procedure will be a public hearing to be held by the Planning Board on Tuesday, November 29, 2005 at '7:30 PM in the South Miami City Commission Chambers, at 6130 Sunset Drive. You are cordially invited to attend and participate in the public hearing. It is important that the owners of historically designated buildings understand the advantages of the designation as well as the responsibilities involved. In order to assist you the following information is provided ` A. Advantages of historic site designation for a property owner. (1) The marketability and sale value of a designated historic site is significantly higher than comparable properties. A'number of national studies have indicated that an historic designation increases the sales value of that property by 15 %. (2) The City of South Miami recently amended its Land Development Code (Zoning Code) and the City Code to give special incentives to owners of designated historic sites. In summary these are: (a) A property tax exemption on exterior improvements to the property. The City of South Miami ordinance provides for a tax exemption for ',any exterior renovation which results in the tax assessor increasing the assessed value, the resulting increase in taxes on that improvement could be exempted for 10 years (Ord. No. 21- 05- 1843). (b) Providing for zoning variances needed to do restoration on an historic building to be reviewed and approved by the Historic Board not the Planning Board. There would be no fees charged and no proof of hardship would be required. (Ord. No.22- 05- 1844) �.+c. -r ., -�',^ ..�*-- '' °•. - ::"`. 'i5 ,.,� n ry -�•:r- .ate.- s,.- F;?;rrP'°� r°'.:m�P'°„'_ -" 'i. ;EP., t. � dT; '`"_'a^" Wit?^- 'a'i'Fsc- w-�5..i5+ -` .�R,",, r , � .Y � ,?t ,',i"•,.T�^,cc` -.. n.;,, Y ; t., ' f+.%, ', T* rari 'i".°e4,'(.cc.2Ti:TmaR"^T. ..i`s9"'+.`. . !'r { GE"� =,f ;' PLANNING DEPARTMENT CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 Tel: 305- 663 -6326 Fax: 305 -668 -7356 (2) (c) Regulations that allow a destroyed historically designated site to be built back to the same dimensions notwithstanding current zoning which may reduce size of a replacement building. (Ord. No.22- 05- 1844)`, (d) Regulations that will eliminate required off -street parking for historically designated buildings. (Ord.No.22 -05- 1844). (e) Existing signage on an historic building may be replaced, repaired, altered, or replicated even if it does not meet the signage regulations currently in existence, (Ord. No.22 -05 -1844) (3) The City is also considering regulations that would allow for Transfer of Development Rights (TDR) for designated historic buildings. A TDR ordinance ,would' allow the transfer or sale of unused development rights to another property. As an example under a typical TDR ordinance the owner of the Shelley Building, which is 'a two story building in a four story zoning district, could sell the square footage of the unbuilt 3rd and 4th floors to another property owner. B. Responsibilities; of owning a designated historic building (1) The owner of a designated historic site must maintain the appearance and structural integrity of the building. (2) The owner of a designated historic site must obtain a certificate of appropriateness` from the Historic Preservation Board prior to- receiving a building permit for any exteri or repairs, renovations or remodeling. This office is hopeful that the above is informative and will help you in understanding, the value of historic preservation to 'a property owner. Please feel free to call me at 305 -663- 6327. Sincerely, Don O'Donniley, AICP Planning Director City of South Miami Attachment: Designation Report C. Maria Davis DOD /SAY E:\HPB Historic Bd\HP -OV 5837 Sunset Shelley'Big \Letter to Dr Halegua .doc MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - APRIL 18, 2006 in the XXXX Court, was published in said newspaper in the issues of , I, 04/07/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County,; Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this vertise o ublication in the said newspaper. Sworn to and subscribed before �mee_this Z07 0 ADD; 6 (SEAL) Maria I. Mesa 4r ah My Commission DD293865 O.V. FERBEYRE person n tb me q 'EOM Marc? 04, 2008 ,. •��.�,�:,�� _mot z o NEIGHBORS CALENDAR N a P CALENDAR, FROM 33 District 1 can apply for the scholarship 1 -3 p.m. Saturdays; Historical Museum Park, 10800 Collins Ave., North Miami admission of $11.50 adults, $10.40 Q' • program. 305-835-8835 or of Southern Florida, 101 W. Flagler St., Beach; free; at Skyward Kites; kites seniors, $6.75 children ages 3 -12, Fre ° 305- 770- 3115. ` Miami, 305- 375 -1492, www.historical- can be purchased at prices starting at Zoological Society of Florida mem Gables; free. 305- 284 -2872, ArtCenter Story Time: Readings of museum free. 305- 375 -1492 or $5.305- 893 -0906. bers and children under 2. 305- 284 -1603 or send an e-mail to stories followed by art projects based www.historical- museum.org: Slough Slogs, Ranger guided off -trail 305 - 251 -0400. alumni @miami.edu; on the selected stories and'exhibi- a Tropical Rhythms, Learn about the tour of the wetlands; l p.m. Saturdays; o tions in the gallery for ages 4- 10;10- sounds of the Caribbean and how Everglades National Park, 40001 SUMMER CAMPS FOR KIDS & FAMILIES 11:30 a.m. third Saturdays; ArtCenter- they have evolved into musical State Road 9336; main entrance, SouthFlorida, 800 Lincoln Rd., Miami genres: April 15. Southwest Miami- Dade; $15 per per - Alper JCC Summer Camp Open ; FasTracKlds Education Enrichment: Beach; $10,$5 members. Main Street Players Workshop: Stu- son, $7 children 12 and under. House: Learn about the camps, Whic Children ages 3 -7 can learn about 305 -674 -8278. dents prepare for auditions and are - 305- 221 - 8776: " , will be held in June and July; 7 :30 p.r f earth sciences and astronomy; 4 =6 El Gallo: Dance presentation by Fred - ` given the opportunity to participate Step and Drum Battle: Teen and high April 16; Dave and Mary Alper Jewist _ p.m. Fridays; FasTracKids Enrichment dick Bratcher and Company, based in the production of Peter Pan; school step teams and drumlines will Community Center, 11155 SW 112th r Education Academy, 12517 S. Dixie on the folktale El Gallo de Bridal by through; April 18; Main Street Play- participate in the competition; 4 -9 Ave., Miami; free; Youth and Adult Hwy., Miami; free; appointment Lucia M. Gonzalez, Theprogram house; 6766 Main St., Miami Lakes; p.m. April 15; North Miami Beach Pere building.305- 271 -9000, ext.271. E required. 786-242-4237 or www.fast includes an interactive segment with $120, $90 members. 954- 675 -6421: forming Arts Theater, 17011 NE 19th Children's Summer Science Camp: y trackids:com. the company dancers after the per- a Ages 11-14:4:30-5:30 p.m. Tuesday Ave., North Miami Beach; $10,$7 chil- Children entering second through ° Alternative Directions Music Indus - formance;11 a.m. April 15; Coral and Thursday; dren. 305- 948.2957. sixth grades can participate in the try.Training Program: Provides infor- Gables Junior Woman's Club, 1009 E. a Ages 15-18:5:30-6:30 p.m. Tuesday Venom week at Metrozoo: Learn camp sponsored by Barry Universi- mation on sound engineering, video Ponce de Leon Blvd., Coral Gables; and Thursday. about the top 10 deadliest snakes of ty's School of Natural and Health Sci AR E production, artist management and free. 305- 302 -8947. Skyward Kites: Staff on hand to help the world, activities include presenta- ences; 8:30 a.m.-4:30 p.m, May 30- recording studio operations. Groups Family Fun Days at the Historical with assembly and give instructions tions and live music; 11 a.m.-3:30 p.m. June 23; Barry University, 11300 NE P of 10 ages 12 -20 affiliated with a Museum: Features interactive activi- on how to be a master kite flier; 10 through April 13; Metrozoo,12400 SW Second Ave., Miami Shores, in school or nonprofit organization in ties including art, crafts and drama; a.m.-sunset daily; Haulover Beach 152nd St., Miami; free with museum 305 -899 -3689 or www.barry.edu; { of sourg� EISel lCffl COnCert Se es �htl�mldilcrala® •��nsry parfarrahm mouth 2 ear reaascnatimd 'One oriha bearmde a aoppew COURTESY NOTICE ` � - � - II � � _ qu. arouW adayi . CITY OF SOUTH MIAMI, FLORIDA Saturday, April 22 at 730p.m. On Tuesday, April 18, 2006, beginning at. 7:30 p.m., in the City Commission Chambers, Tickets: Adults $25, Students and. Seniors $15 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the Phor c 305b6t.3436 following items: 11 Presefdedby BMU=yMahots,htc AN ORDINANCE AMENDING SECTION 2.26.11(F) of THE CODE OF ORDINANCES IN ORDER TO PROVIDE THAT THE TERM OF OPERATION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE SHALL BE EXTENDED AND SETTING FORTH ATERM OF OFFICE FOR COMMITTEE MEMBERS. it 1feAkmilb6Depa lmstdGbedA16.crdda Giud A1FsaCuud I6 MwdDz6CQ* N1ap AN ORDINANCE RELATING To A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF adtlaeaaddcarycmmstua, SOUTH MIAMI LAND DEVELOPMENT CODE BY, DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING wwwrsfwn2zerol LOCATED AT 6133 SIN 63rd TERRACE AS A''HISTORIC SITE AND BY PLACEMENT OF A HISTORIC ' PRESERVATION OVERLAY ZONE ( OV) V N HP- EVER THE EXISTING ZONING USE DISTRICT FOR THIS!, St. Thomas Episcopal Parish 1 PROPERTY. a 5690 North Kendal Dive G:bl, R. 33156 ;i AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY of �°' 'it'ik'lt''li''ft ' ik ' it ' i''F'i '1tr'lt'ik 'i�r'i' 1k. 'i1°r'i`'i''i SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING 'ir • ') LOCATED AT 6500 SW 60th AVENUE AS A HISTORIC SITE AND BY PLACEMENT OF A HISTORIC ��� PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. 'trees AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF e treat ariC1 restore SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY ie tre 1 to all trees 'i BUILDING) LOCATED.AT 5837 SUNSET DRIVE AS A HISTORIC SITE AND BY PLACEMENT OF A HISTORIC ,� . 9 PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS 'irr buS11eS, LaW11S; 011 PROPERTY. your whole property. Diagnosing and, treating-. I Inquiries concerning this item shoul&be directed to the Planning and Zoning office at: 305 -663 -6326 landscape disease, insects, and Nutrition -Problems 'r ALL interested parties are invited to attend and will be heard. 'It ` 'I for over 30 years. Maria M. Menendez, CMC - - - - - - -- CiiP &saw- - - - -�' City Clerk 11'r For 'A No - Obligation Consultation Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any 117'. CALL: decision made by this Board, Agency or Commission with respect to any matter considered`at its meeting or hearing, 1f° La 11C�SCapC SC�eI1Ce he or she will need record of the proceedings, and that for such purpose, affected person may need to ensure that a Aft verbktim record of the proceedings is made which record includes the testimony and evidence upon which the appeal .'8x1.35 is to be based. 1* 111",1* 11' All 11'''1P''i!'1tr 1* 11",''N' fi fi 11, A ill. Nr'ir Ar I _ I �y�',- �c�.'-,4T"'.��- ��. --. -. ^'�'z�- . -sr�;- rnro,,�^,nm-'°�-�- f,`.�,:MaM''r ". ^rte. �, : , �i' �.. �" 1. �'. T<' � ,;°�;,�a�'�'�.- ���^vTl•,�1�=.n. "3 -;:s rv;n?*r��`..�.°"�"� S , 1. �� "� CS, o u ry South Miami N-AMMIC CRY o� �f INCORPORATED CITY OF SOUTH MIAMI r ®' o ?7 �' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, 'Acting City Manager From: Don. O'Donniley, Planning Director Date: April 18, 2006 Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO THE DONATION OF THE HOLSUM BAKERY ICON SCULPTURE AND PLACEMENT IN JEAN WILLIS PARK: PROVIDING' FOR AN EFFECTIVE DATE. Request: The City Commission at its October 5, 2005 meeting accepted the offer of Ms. Jane Wilson (Holsum Bakery family business ) to donate to the City, free of cost, `a metal sculpture made from machinery used in the old Holsum Bakery Building. The Historic Preservation Board was requested to consider the location of the sculpture. The Board at its February 27, 2006 meeting recommended that the sculpture be located in the Jean Willis Park, across the street from City Hall. In response to some concerns expressed at the last Commission meeting, Ms. Wilson has submitted a letter to the City (received by City Clerk on April 12, 2006) indicating, that it is her intention to also pay for the transport and installation of the sculpture including an historic plaque. The attached resolution will formalize the acceptance and location of the sculpture. Cost: None (all cost to be paid by the donator) Backup Documentation; Draft Resolution Letter from Ms. Wilson Photographs of sculpture Excerpt from Historic Preservation Board Meeting, 2 -27 -06 DOD /SAY EAComm Items\2006 \4 -4 -06 \Ho1sum Bakery Scuplture CM Report.doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, RELATING TO THE DONATION OF THE HOLSUM 5 BAKERY ICON SCULPTURE AND PLACEMENT IN JEAN WILLIS PARK: 6 PROVIDING FOR AN EFFECTIVE DATE 7 8 WHEREAS, the Holsum Bakery Icon Sculpture was constructed in 1985 by Robert Chambers, a 9 South Miami' native, in order to honor the bakery company which was part of South Miami's history 10 during the period 1934 - 1982; and 11 12 WHEREAS, the City Commission at its October 5, 2005 meeting accepted the offer of Ms. 13 Jane Wilson (Holsum Bakery family business ) to donate to the City, a metal icon sculpture made from 14 machinery used in the old Holsum Bakery Building; and 15 16 WHEREAS, Ms. Wilson has indicated in a letter to the City received on April 12, 2006 that she 17 will pay for all costs associated with the transport, installation and historic plaque for the 'icon sculpture; 18 and 19 20 WHEREAS, the Historic Preservation Board was requested to consider the location of the 21; sculpture; and 22 23 WHEREAS, the Historic Preservation Board at its February 27, 2006 meeting recommended that 24 the sculpture be located in the Jean Willis Park, across the street from City Hall at 7220 SW 61st Court. 25 26 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 27 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 28' 29 Section l: The City Commission of the City of South Miami hereby accepts from the Wilson 30 Family, the donation of the Holsum Bakery Icon Sculpture which includes all costs associated with the 31 transport, installation and historic marking of the sculpture. 32 33 Section 2 The Holsum Bakery Icon Sculpture will be placed in Jean Willis Park at 7220' SW 61st 34 Court. 35 Section 3: This resolution shall be effective immediately upon execution. 36' 37 PASSED AND ADOPTED this day of 2006. 38 39 ATTEST: APPROVED: 40 41 42 CITY CLERK MAYOR 43 44 READ AND APPROVED AS TO FORM: Commission Vote: 45 Mayor Feliu: 46 Vice Mayor Wiscombe: 47 Commissioner Palmer: 48 CITY ATTORNEY Commissioner Birts: 49 Commissioner Beckman: 50 EAComm Items \2006 \4- 18- 06\Holsum Bakery Sculp Resol.doc �..r l� �`�•� .mac, -Z: tivC�� �. � � _ rZ "'% (�•- -t %ALL ._ %C-G'� ' �i'��'�''� � � 1 IL > ,• fu v - r�- ��,'., �. .. . nr. ,� , µ ,,:.mom•.. .—.t �{:� . �.. "�- .'r'.,g �°z .., ,r,�T a" i` e, x—"° m,"„`; i�' rs�iq`;` �. �N'<. �rnY. T'h"'Fr&.g".'.,�n'".�a:'s';.."s �""""' Ti ,,; �"hT' %'�" -: ^� �i:;.�.,.�.T �, �'?'- �i.��;++az9�'s'�rn�r:4^ x,S'.�»`�f'�s. }F °° . �k,;. i, �. sy��a -,a`?, vo S O U Tit •, INCORPORATED 1927 CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES MONDAY, FEBRUARY 27, 2006 City Commission Chambers 3:30 PM EXCERPT L Call to order Action: Ms. Clyatt, Vice- person called the meeting to order at 3:45 p.m. IL Roll Call Rolf call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael Ms. Dison, and Mr. Kurtzman. Board members absent: Mr. Cooke - Yarborough City staff present: Don O'Donniley (Planning Director), and Sanford A. Youkilis (Planning " Consultant), Patricia E. Lauderman (Board Secretary). Ms. Clyatt requested a moment of silence and dedicated a prayer for Chairwoman Susan Redding who passed away on February 8, 2006. III. New /Old Business (b) Renort on alternative locations for Holsum Bakery Sculpture. Mr. O'Donniley informed the Board that the owner of the Holsum Bakery sculpture` concurred with staff's recommendation of placing the sculpture in the interim location at the Jean Willis Park. Mr. Kurtzman inquired about the option provided by the Board at the last meeting in which the Board suggested the front stairs of the old Riviera theater' on US 1. Mr. O'Donnley responded that the owners of the sculpture were not supportive of that suggestion. Motion: Ms. Dison moved to accept Jean Willis Park as the temporary location for the Holsum Bakery sculpture. Ms. Chael seconded the motion. Vote: Approved'' 4 Opposed 0 E:\Comm jtems\2006\44- 06\Excerpt HPB Mins 2- 27- 06.doe NMI To South Miami AID- Ameicac tY N p . CITY OF SOUTH MIAMI 1 I ®' f 192 P OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM zoos Via: From: Date: Subject: Request: The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, Acting City Manager Kathy Vazquez, Purchasin April 18, 2006 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VENDORS WITH WHOM EXPENDITURES WILL EXCEED THE $5,000 LIMIT FOR THE CURRENT FISCAL YEAR AS OUTLINED IN THE CITY CHARTER;' CHARGING THE DISBURSEMENTS TO THE CORRESPONDING DEPARTMENT ACCOUNTS AS APPROVED IN THE 2005/2006 ADOPTED BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE; i ne attached, proposed resolution is in the spirit of full disclosure and keeping the Commission as informed as possible - regarding expenditures. Any vendor with whom expenditures are expected to exceed the $5,000.00 threshold, as well as those that are utilized by more than one department, whose individual expenses may not have reached the spending threshold of $5,000.00, but collectively exceeded the amounts allowed under provisions of the Charter are listed on the attached resolution. The list was compiled from the individual department's estimated annual purchases for the vendor during the current fiscal year. Since these are estimated amounts, any changes exceeding these amounts will be brought before the city commission for additional approval. Reason /Need: Cost: To comply with Charter requirements. Estimated expenditures by vendor per attached worksheet. Funding Source: Adopted Budget 2005/2006 Backup Documentation: Copies of Bid Award Notices and Quotes i I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VENDORS 6 WITH WHOM EXPENDITURES WILL EXCEED THE $5,000 LIMIT FOR 7 THE CURRENT FISCAL YEAR AS OUTLINED IN THE CITY CHARTER; 8 CHARGING THE DISBURSEMENTS TO THE CORRESPONDING 9 DEPARTMENT ACCOUNTS AS APPROVED IN THE 2005/2006 10 ADOPTED BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE; 11 12 WHEREAS, the city administration wishes to comply with applicable purchasing procedures as stated in 13 City Charter and /or City Ordinances; and 14 15 WHEREAS, during the current fiscal year, some city -wide purchases will exceed $5,000.00 to the same 16 vendor; and 17 18 WHEREAS, these expenditures were previously approved in the 2005/2006 adopted budget; and 19 20 WHEREAS, in accordance with the city's competitive bidding procedures the list of vendors below have 21 been approved by either "piggy backing" from state, county, municipal Bids or quotes; and 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY 24 OF SOUTH MIAMI, FLORIDA: 25 26 Section 1. That the City Manager has notified the City Commission of purchases that are estimated to 27 exceed $5,000.00 by the end of the fiscal year to the following vendors; 28 29 1 -Ace Lawnmower $14,000.00 22- International Data Consult. $ 7,000.00 30 2- Advance Public Safety $21,000.00 23 -Jam Welding $10,000.00 31 3 -Alfi Electronics $10,000.00 24- Kilowatts Electric $ 7,000.00 32 4- Alonzo Transmission $ 7,000.00 25 -Lacal Equip. $ 7,000.00 33 5- American Genuine $10,000.00 26 -Mac Paper $10,000.00 34 6- Amerilumber $15,000.00 27- Martino Tire $14,000.00- 35 7 -B &M Auto (S &W Auto) $15,000.00 28- Mattys Sports $ 6,000.00 36 8 -BV Oil 175,000.00 29 -Metro Trucking $ 7,000.00 37 9- Benson Electric $12,000.00 30 -Miami Dade ITD Radios $25,000.00 38 10 -CDW -G Computing $20,000.00 31 -Miami Herald $55,000.00 39 11- Cosgrove Enterprises $17,000.00 32- Nursery Elegua $25,000.00 40 12 -Coral Gables Ford $11,000.00 33- Office Depot $35,000.00 41 13- Dadeland Air Conditioning $15,000.00 34- Palmetto Ford $10,000.00 42 14 -Daily Business Review $10,000.00 35- P(3)SM,L,L,C. $ 6,000.00 43 15- Display Sales $ 7,000.00 36 -Pride of Florida $ 8,000.00 44 16- Envirowaste Services $42,000.00 37 -South Florida Maint. 182,000.00 45 17- Galloway Office Supplies $ 8,000.00 38 -T.J. Pavement $60,000.00 46 18- Genuine Parts $10,000.00 39- Tropical Int'1 $ 8,000.00 47 19- General Welding $15,000.00 40 -Truck Max $ 6,000.00 48 20- Global Industrial $ 6,000.00 41 -US Lawns /Salman $15,000.00 49 21 -Home Depot $ 7,000.00 42 -World Printing $25,000.00 50 51 52 1 2 Section 2. That we will "piggy back" on Miami Dade County Fuel Bids which change prices on a weekly 3 basis. 4 5 Section 3. That these budget disbursements be charged to each department's expense account as approved 6 in the 2005/2006 adopted budget. 7 8 Section 4. That this resolution shall take effect immediately upon approval. 9 10 11 PASSED AND ADOPTED this 18th day of April, 2006. 12 13 ATTEST: APPROVED: 14 15 16 CITY CLERK 17 18 19 READ AND APPROVED AS TO FORM: 20 21 22 23 CITY ATTORNEY 24 MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: O N N N r N LL d Q w `o C D d � x w d (D m N E o W o LOCt LO m (D w 0 0 N O O O a ok O N V Q m m - d E `o OI a 'vm o �. � ALL d °1 .E � m o m m c E oo aEi E o d = O N W 9 y N N >C C d OD O E V M.V > N M N . d 3 0 c ro 3. E E a 3 E o a 0 N Z r m o 0 0 �' ° o w o S E m of a x a p x d m > n a a o �. oo v O °O. c (n d d E a m vi °o m° �- d Z d v o o v] a m w o m M >.'v d m >: r a E 'v o° 'E d 0 d o d d > A Y A O o O d W ay add > iaw o o °o 0 0 °o RO �.G N p N N L am xU o o o 0 d d T .m o O (00 47 0 Vi o M 0 (O 0 E a N n N p N W CL X a (n (» (a (n (» (y IM N d T o 10 Y V.G O 'O O E o w N N r w d. v CL E :. y es vj cn 3 m a o o o o o o o 0 o o o 'o 0 0 o o o o 0 0 o o 0 0 0 o o 0 o o o o o o o o o o o o 0 o 0 0 o o o O 0 o o o o O d O o o O O o 0 O (O 0 0 O O 0 N 0 0 O O 0 O 0 0 O O 0 0 O O 0 O O c R H Eoai°i O V I- O N r N (O n O N .- N v O i0 N M w c a X - `m i0 d '0 OT o o GG O 0 0 o o 0 0 O CCGO O w O o o 0 0 O O o o 0 0 GOG O o 0 o 0 o o 0 0 GOGOG 0 0 o 0 o o 0 0 G: o 0 OO.G o o 0 0 o o GG o O d "� V d N o O c N O 01 1� O O O N O O O w w O (0 O O N O O N O_ ' O O N O 'O O O O c O A a 0 0 .0 0 0 0 O 0 N O O 0 O O. n 7 N. ur W m d x d a to V1 M• f9 f9 V! H N NY vi W' 1A f9 Oi IA, to W V! 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'N d A O 9 U C C .m "O C 1 0 E a : o o- 55 C7 a o a o m d IL o E U O Um T (D C N .9 > m 2 E O > o To > E o oc a c d �. d E m Q Q m m Q m U U d U CI D W 10 a0 OI O N M eF O 00 Ol O.. 0 0 N O O O a ok O N V 0 N N r N LL `o d N X > W d 0)) m � N E o W o L C (D W 0 N N w d V d o 0 0 v 0 a O (D N M V N a ya ° E m ° o � a c E .a 3 ° = ❑ - a` o N a E d E v O O r N r N .� c E" Vo _ ° o. `n v n ° `a cR d .Q c d _. E U. i U c ° w n °cr >^ E 3 v a v. °a °m d..m. v °> E a c m c m. a m m v v a c° m EZE 3 a � Ems' Um y� 2E = z c` i ® 03/09/2006 19:31 FAg 305 372 6128 DIV:BIDS /CONdT & ADM.DIV. 19001 I CONTRACT AWARD SHEET MIAM E' DEPARTMENT OF PROCUREMENT MANAGEMENT PURCHASING DIVISION' BID NO.: 5380- 2/06 -2 Previous Bid No.: 5380- 2/06 -1� TITLE: Mobile Equipment Replacement Parts & Service �- COMMODITY CODE NO.: 060 OTR YEARS: 2 LIVING WAGE APPLIES: 0 YES ❑ NO BPO NO.: ABCW0600361 C CONTRACT PERIOD: 02 /01/2006 through 01/31/2007 AWARD BASED` ON MEASURES: ❑ YES ® NO 9 SR.PROCUREMENT AGENT: Pablo Martinez PROCUREMENT AGENT: 0 PROCUREMENT TECHNICIAN: PHONE: 305- 375 -2102 ❑ Set Aside ❑ Bid Preference ❑ Goal ❑ BBE ❑ HBE ❑ WBE Owned Firms ❑ Local Preference ❑ CSBE Level ❑ Prevailing Wages (Reso. 90 -143) ❑ Living Wage PART #1: VENDOR AWARDED F.E.LN.:' 59023236 590577678 591346899 VENDOR: Electric Sales &Service Blanchard Machinery Inc. Power Brake Exchange, Inc. STREET: 340 NE 75 Street 14301 'NE 19 Ave P.O. Box 420098 CITY /STATE /ZIP: Miami, F1; 33238 North Miami, F133181 Miami, FI 33142 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed' As Needed As Needed TOLL FREE PHONE PHONE: 305- 754 -8646 305- 949 -2581 305- 635 -1120 FAX: 305- 754 -6398 305- 949 -0747 305 =638 -8351 E -MAIL: CONTACT PERSON: RayD. Iberson Scott S. Baxter Michael Kennedy RKI.N.: 591402487 591692614 591792145 VENDOR: Palm Truck Centers Inc. Hydraulic Sales & Service, Inc Ace Lawn Mower Service STREET: 2441 South State Rd 7 3700 NW South River Drive 6620 SW 8th Street CITY /STATE /ZIP: Ft. Lauderdale, F133317 Miami, Fl 33 142 Miami, Fl 33144 F.O.B. TERMS: Destination' Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed: As Needed As Needed TOLL FREE PHONE # 800- 622 -6477 PHONE: - 954 -584- 3200 305- 6334677 305 -261 -.6912 FAX: 954. 584 -3228 305 -638 -5284 305 -262 -5215 E- MAIL: CONTACT PERSON: David Weiger Fred Orig John B. Fogg Jr. DEPARTMENT OF PROCUREMENT. MANAGEMENT BIDS AND CONTRACTS DIVISION I _ ' Awnxn sMr.doe Revised 09 /19/00 '.T;^- �°.,- T.."r �''°' +-s}'us`�T�v''�5, •�,. a,_F"�F�";i J:, A 'iY- x -'"�,' i".a a' se,W _3 ,r ,�?�<,','*'�'$'S. ;*'� e, `d"`"RS.. 4z'� V ma'S•vf` „Sx i,? i'.y,"„,�T, kT�rRt„ 7/25/2005 Mr. Brian Edney South Miami Police Dept 6130 Sunset Drive South Miami, FL 33143- Mr. Edney: Thank you for your interest in the APS Virtual Partner TM family of products. Designed by police officers, Virtual Partner was created to increase officer safety and productivity. We are very excited about this technology and have received incredibly positive responses from law enforcement agencies across the country. Virtual Partner is a software application that works in conjunction with your agencies' current technology to improve the overall functionality. There is no need to replace of any of your current software or hardware. Virtual Partner is a proprietary software application developed and offered exclusively by Advanced Public Safety and is patented by the United States Patent & Trademark Office (U.S. Patent No. 6,621,422). The Virtual Partner family of products includes; QuickVoice TM, QuickTicketTM QuickCrashTM, QuickData TM, PocketCitation TM, SkyViewTm and other modules. Virtual Partner SkyViewTM works in conjunction with your current mobile software and instantly provides real -time location identification without requiring any servers or switches. SkyViewTM uses existing technology and is the only software available that eliminates the need for local databases or maps. At Advanced Public Safety, we take a great deal of pride in knowing that we are helping make law enforcement officers' jobs safer and more efficient. We appreciate your consideration of the Virtual' Partner system and look forward to working together soon. Regards, Tommy Lopez Direct: (954)`'354 -3000 x403 500 Fairway Drive • Suite 204 • Deerfield Beach, FL 33441 • Phone (954) 354 - 3000 • Fax (964) 354 -3001 www.advancedpublicsafety.com `T7,,1,", �,.-s;. ^ ,��°- 7aiWl��*!,"�7'7,, M3' P T? M Elm Wireless Printers Add Versatility to Printing Tasks on the Open Road Designed for the Road Warrior, the Zebra RW 420 is a mobile printer ideal for printing delivery receipts and invoices t on the go. Its modular design allows users to choose among #CIN and k'b. wireless options, card readers, and integral accessories such as vehicle mounts for simplified route printing. Its convenient vehicle mounting and charging options as well as its user- intuitive interfaces and angled display allow for easy use while on the go! These IP54- certified resilient, and lightweight printers can withstand; the harsh demands of a number of Rough and Ready Durability for Reliable Printing Route Accounting and Field Service printing applications, including: Uniquely designed for harsh outdoor environments, the RW 420 • Invoices endures extreme temperatures and weather conditions. Bounce . • Delivery Receipts . it in the truck, carry it in the rain, drop it to the pavement, • and expect the same performance day in and day out. Service Estimates • Sales Orders> • inventory Management STANDARD FEATURES FONTS /GRAPHICS /SYN BOLOGIES i Rugged design Fonts and Character Sets 4 button angled LCD (standard) peed, 1 smooth, scalable Standard Fonts:25 bitma Standard Serial and USB interfaces (CG Triumvirate Bold Condensed)* Advanced 32 -bit architecture for high speed Optional Fonts: downloadable bitmapped and processing scalable fonts t Smart battery management International character sets (optional)`: Chinese ' 16 x 16 (trad), 16 x 16 (simplified), 24 x 24 OPERATING:, CHARACTERISTICS (simplified); Japanese 16 x'16, 24 x 24, Hebrew /Arabic Environment Meets IP54 rating Graphic Features I Supports user-defined fonts and graphics - including Operating Temp. -40 F / -200 C to 1310 F/550 C custom logos Storage /Environ. -220 F / -300 C to 1490 F/650 C Operating Humidity 10 -90 % non - condensing Bar Code Symbologies Linear Bar Codes: Code 39, Code 93, UCC /EAN Storage Humidity 10-90% non - condensing, 128, Code 128, UPC -A, UPC -E, EAN -8, EAN -13, PRINT CHARACTERISTICS Electrical EAN 14, UPC and EAN 2 or 5,digital extensions, Print method: Direct Thermal Standard 4.0 Ah, 7AV battery Plessey,`FIM Postnet, Interleaved 2 of 5, MSI, Resolution: 203 dpi /8 dots per mm External charging options (vehicle and AC) Codaba[ Maximum print speed: 3"/76.2 mm per second Shock mounted internal components 2- Dimensional: PDF -417, DataMatrix, Maxi Code, PRINT AREA Selectable baud rate: 9600 to 115.2 Kbps RSS, Composite Symbology, OR Maximum Width: 4.09 "7104 mm Xon/Xoff or hardware flow control (RTS /CTS) Maximum Length: Continuous USB 2.0 full speed support, 12 Mbits /second *Contains UFST from Agfa Monotype Corporation Regulatory MEMORY FCC Part 15 Class B, VCCI Class B, NOM /NYCE 4 MB Flash, 8 MB DRAM CE compliance (Class B), C Tick PHYSICAL CHARACTERISTICS Softwareirtir Construction: Impact modified polycarbonate, Programming Language: Native CPCL with ZPL it , abrasion resistant rubber overmold. and EPL emulations (standard) Drop specification: 6 -foot multiple drops" Auto- detect firmware loath s w Smart battery management (monitors battery for rk to concrete longer life and performance) yYiM1y� LCD: Ergonomic; angled display for �s better viewing, Communication Bluetoothl v. 1.2 or 802.11 b (optional) Strain relief RS 232 serial interface Standard cable connection: RS -232, RJ 45 10 pin r Fanfold slot for accepting external media Standard USB 2.0 full speed Self- centering media holders r, (Base Version) MEDIA CHARACTERISTICS t Width: 6.3/160 mm Max. 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Specifications subject to change without notice. All product and brand names are trademarks of their respective companies. All rights reserved: HEADQUARTERS Zebra Technologies International, LLC T +1 847 793 2600 or +1 800 423 0442 F: +1 847 913 8766 ADDRESS: 333 Corporate Woods Parkway, Vernon Hills, IL 60061-3109 U.S.A. WEB: www.zebra.com Tii1/ j OTHER LOCATIONS USA: California, Florida, Rhode Island, Wisconsin EUROPE: Denmark, France, Germany, Italy, Spain, An 1509001 registered compan} United Kingdom ASIA - PACIFIC: Australia, China, Japan, Singapore, South Korea LATIN AMERICA: Argentina, GSA #_ GS- 35F -0268k Brazil, Mexico AFRICA /MIDDLE EAST: South Africa, United Arab Emirates o2004ZIH Corp. Printed in u.s.A i #13673L Rev.1 (10/04)5h/ �--f " r�r �:"' Redefine Mobility for Enterprise -Class Applications The MC50 from Symbol Technologies is first in a class of mobile computers that combines an enhanced PDA -style form factor with optimal performance to operate enterprise -level applications. This small, lightweight mobile computer features advanced data capture options, flexible voice and data communication and easy wireless local area network (WLAN) synchronization. Increase Productivity and Gain Access to Real -time Information With data capture, voice telephony, smart battery, device level management, wireless and security options,, on- the -go professionals are empowered to make rapid, informed decisions. This convenient mobile computer delivers enterprise - class functionality, including support for e -mail, phone, scheduling /calendar, signature capture, CRM, sales force automation and other enterprise applications. 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Extra reliability is built into every aspect of the MC50 -'from battery contacts to keypads to acoustics —to ensure it exceeds the performance demands of daily, high- volume usage. Managers, supervisors and sales professionals can feel more confident using the MC50 from anywhere at anytime, whether it is on the road, on the sales floor or at a customer site. Symbol Enterprise Mobility Services Symbol Enterprise Mobility Services ensure that your mobility solution works seamlessly and at maximum efficiency — from defining your business requirements through ongoing service and support. For more information, contact us at +1.800.722.6234 or +1.631.738,2400, or visit us on the web at www.symbol.com /mc50. MC50 Specification Highlights Physical Characteristics Dimensions: NAV 1D 4.77 in. H x 2.95 in. W x .94 in. L Owerty Weight (including standard battery): Display: 112.1 cm Hx 7.5 cm W 2.4 cm L) 2D Imager 4.77 in. H x 2.95 in. W x 1.13 in. L (12.1 cm H x 7.5 cm W x 2.9 cm L) CCD Camera 4.77 in. H x 2.95 in. W x 1.11 in. L 112.1 cmHx 7.5 cmWx 2.8 cm L) 1D 5.35in.Hx2.95in.Wx .94in.L (13.6 cmHx 7.5 cmWx 2.4 cm L) 2D Imager 5.35 in. H x 2.95 in. W x 1.13 in. L (13.6 cmHx 7.5 cmWx 2.9 cm L) CCD Camera 5.35 in. H z 2.95 in. W x 1.11 in. L (13.6 cmHx 7.5 cmWx 2.8 cm L) NAV ID 6.42 oz/ 182 g OWERTY 1D 6.77 oz/ 192 g Transflective color TFT -LCD, 65K colors, 240 (W) x 320 (L) (OVGA size) Glass analog resistive touch LED Rec Data Capture Specifications Options: 2D imager, linear CMOS or CCD camera 2D Imager Engine (SE 4400) Specifications: Field of View: Horizontal: 32.2 °, Vertical: 24.5° Optical Resolution (gray scale): 640 (H) x 480 (V) pixels Roll: 360° Pitch Angle: +/- 60° from normal Skew Tolerance: +/- 50° from normal Focal Distance from Near: 5 inches, Far: 9 inches Front of Engine: User accessible SDIO slot (with secure cover) Linear CMOS (CSE600): Aiming Element (VLD): 650 nm +/- 5 nm Illumination Element (LED): 635 nm +/- 20 nm Minimum Print Contrast: Minimum 25% absolute dark/light reflectance +/- 50° from normal measured.. at 650 nm Symbologies: 1D Symbology: UPC /EAN, Code 128, 000.EAN128, RSS, Code 39, Code 93,12 of 5, Discrete 2 of 5,Codabar, MSI 2D Symbology: MaxiCode, PDF417, DataMatrix, ORCode Postal Codes: U S Postnet U S Planet UK Postal t:xtenoeo Oapacity battery: Optional 3: /y, sbu0 mHn Australian Postal, Japan Postal Backup Battery: Ni -MH battery (rechargeable) 15mAh 1.2V, 1 cell Image File Formats: BMP, TIFF, JPEG Expansion slot: User accessible SDIO slot (with secure cover) Linear CMOS (CSE600): Notification: Vibrator and LED - View Angle; 40 ° +/- 2° Keypad Options: NAV: 4 application keys and 5 -way navigation key Pitch Angle: +/- 50° from normal OWERTY: 37 -key Audio: Speaker, receiver, microphone, headset jack Roll: +/- 20' from vertical Software support for full duplex record and Skew Tolerance: +/- 30° from normal playback (stereo) Minimum Print Contrast 35% MRD measured at 675 nm Performance Characteristics Supported'Symbologies: UPC /EAN, Code 39,12 of 5, Discrete 2 of 5, CPU: Intel® XScaleTM 520 Mhz processor Code 128, UCC.EAN128, Code 93, Codabar Operating System: Microsoft(g) Windows MobileT11 2003 CCD Camera Second Edition Image Sensor: 1/4 in. type 1.1 mega -pixel CCD Memory: 64MB RAM / 64MB ROM Maximum Frame Rate: 7.5 fps Interface/ Communications: RS -232; USB 1.1 Minimum Subject Illumination: 2lux (at l5 fps) User Environment Number of Output Pixels: 1144 (H) x 880 (V) Operating Temperature: 0° to 50° C (32° to 155° F) operating temperature Image Output Interlace: UYVy 8 -bit Storage Temperature: , -25° to 60' C (-13° to 140° F) storage temperature Lens F- Number f2.8 Humidity: 95% non - condensing; Scan Triggers: Left and right trigger buttons Drop Specification: 3' drop ;totile over concrete, 1'drop per side at Peripherals and Accessories 21° C (70° F) Cradles Single -slot USB with spare battery (1Xand2X) Electrostatic ' Discharge (ESD): +/ -8kV air discharge, +/ -8kV direct discharge charging, four-slot Ethernet or Wireless Data and Voice Communications Communication and Charging Cables: USB vl.l,vehicle charging cable, power /charging cattle Wireless Local Area (WLAN): 1EEEO 802.11b Battery Chargers: 4 -slot battery charger (1X and 2X), universal Data Rate: 1/2/5.5/11 Mbps battery charger (requires adapters for 1X and 2X Frequency Range: Country dependent; typically 2.4 to 2.5 GHz capacity batteries) Output Power: 14.5dBm (typical) Vertical-specific attachments: Snap -on magnetic stripe reader,, universal cable cup Security: WEP, TKIP, LEAP, PEAP, EAP -TLS, WPA Regulatory adapter attachable cables (pre- shared key) Spreading Technique: Direct sequence Electrical Safety: UL60950 (UL marking), CSA C22.2 No. 60950 Ic -UL marking ), EN60950 /IEC 950 Antenna: Internal EMI /RFI: EU /International Voice Communication: Integrated Voice- over -lP ready (P2P, PBX, PTT) EN 301489-1, -17 Wi- FiTM- certified, IEEE 802.11b direct EN61000 -4 -2: 1995, ESD ±8kV air / ±4kV contact sequence wireless LAN EN61000 -4 -3: 1997, Radiated Immunity 3V /m EN61000 -4 -4: 1995, EFT # 0.5kV A O CIE C ® EN61000 -4 -5: 1995, Surge ±0:5kV IV V ,Yri 0-4-6:1 Laser Safety: IEC Cla IEC Class2/FDA Class ll in accordance with I E C 6082 5 -1 / E N 60825 -1 The Symbol MC50 iswarranted against defects in workmanship. and materials fora period of 12 months from date of About Symbol Technologies shipment movidedthatthe productremains unmodified and isoperated undernormal and proper conditions. Symbol Technologies, Inc., The Enterprise Mobility CompanyTM, is a recognized worldwide leader in enterprise mobility, delivering products symb01' and solutions that capture, move and manage information in real time to and from the point of business activity. Symbol enterprise mobility solutions integrate advanced The Enter p rise Mobile �Company- data capture = products, radio frequency identification t ec hn I 'g" y, mobile computing platforms, wireless infrastructure, mobility software and world -class services programs underthe Symbol Enterprise Mobility Services brand. Symbol enterprise mobility products and solutions are proven to increase workforce productivity, reduce operating costs, drive operational efficiencies and realize competitive advantages for the world's leading companies. More information is available at www.symbol.com. - Corporate Headquarters For Asia Pacific Area For Europe, Middle. East and Africa For North America, Latin America and Symbol Website Symbol Technologies, Inc. Symbol Technologies. Asia, Inc. - Symbol Technologies Canada For a complete list of Symbol subsidiaries One Symbol Plaza`. (Singapore. Branch) EMEA Division Symbol Technologies and business . partners worldwide contact Holtsville, NY 11742 -1300 Asia Pacific Division Symbol Place, Winnersh Triangle' - The Americas us at TEL: +1.800.722-6234 230 Victoria Street 905 -07/09 Berkshire, England R641 5TP One Symbol Plaza wwwsymbal.com. +1.631.738;2400 Bugis Junction Office Tower TEL +44.118.9457000 Holtsville; NY 11742 -1300 FAX: +1,631.738.5990 Singapore 188024 - FAX: +44.118.9457500 TEL: +1.800.722.6234 E -mail TEL +65.6796.9600 MSP 07/04 +1.631.738.2400 infogsymbol.com FAX: +65.6337.6488 FAX: +1.631:738.5990 Part No. MC50 Printed in USA 02/05 © Copyright 2005 Symbol Technologies, inc. All rights reserved. Symbol is an ISO 9001 and ISO 9002 UKAS,: RVC, and RAB Registered company, as scope definitions apply. Specifications are subjectto change without notice. All product and company names are trademarks, service marks or registered trademarks of their respective owners: For system, product or services availability and specific information within your country, please'contactyour local Symbol Technologies office or Business Partner. MrSn 09M." : SERVE A ND PROTECT YOU ETIE: ! INC ALFIELECTRONICS, 295 NE 185"" ST. err ; 23, NTL -kM1, FL, 179 OFFICE (305) 54 -8484 FAX (305) 654-97 YEARLY MAINTENANCE AGRREEMENT Agreement between ALFI ELECTRONICS, INC., herein known as "Company!! and THE CITY OF SOUTH MIAMI, POLICE DEPARTMENT herein known as e`Subscriber ". This agreement will encompass the equipment throughout the Police Department and City Hall Building located at 6130 Sunset Drive, South Miami, Florida. The COMPANY will provide the SUBSCRIBER maintenance service for the Access Control System and CCTV System installed. The COMPANY will provide materials and labor necessary to maintain the system. Service will be provided' within 24 HOURS of the service call, Monday thru Friday, 8:30amt I thru 5:00pm. PRIORITY for EMERGENCY SERVICES will be provided. '' The Company will provide a 24 Hour emergency telephone number' in the event of an emergency. Service for maintenance will include, but limited to checking, all readers, cleaning read heads where needed, checking all electric locks and adjusting where needed. Service Schedule will be at a frequency!of at least every, six months. MAINTENANCE CHARGES: The Subscriber agrees to pay the Company the sum of $3,600.00 a year. Billing procedure: $ 900.00 per billed quarter followting the installation of the Access Control System and CCTV System. ($900.00 x 4 quarters for the year = $3,600.00) All payments are due by the I St of the first mouth for that quarter. For example.. (Jan. - Mar. billing period) - payment must be received by the ISth day of January. WAB.ANTY: Any material and labor required to repair or replace defective equipment only will be supplied free of charge for the term of this agreement. The company will provide a "CERTIFICATE OF INSURANCE" with the carrier acceptable to The City Of South Miami Police Department, providing liability coverage of L$ 110001000.00. CONDITIONS` AND SYSTEMS NOT COVERED RY WARRANTY: Damage resulting from accidents, acts of God, alterations, misuse, tampering, abuse, electrical components or other security system E AND PROTECT YOU BETTERI components not provided by the Company under this agreement, or unauthorized repairs, failure to the Subscriber to properly follow operating instructions provided by the Company at the time of installation or at a latex date, trouble due to interruption of commercial power, telephone lines or equipment, or batteries, lightning damage is specifically not covered by this warranty. This warranty will no longer be valid or enforceable for said equipment if serviced by another other than the Company, or if other security system components not provided by the Company are installed or used in conjunction with said equipment provided under this contract. DISCLAIMER: Company does not represent or warrant the ACCESS CONTROL SYSTEM AND CCTV SYSTEM may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold up, or otherwise, or that the system in all cases provided the protection for which it is installed or intended.' The initial t *eew his agreement shall begin on and will end on The City Of South Miami' olive Department may elect t this agreement for an additional ONE (1) YEAR term(s) by giving Alfi Electronics, Inc. notice of its intent to renew within THIRTY (30) DAYS of the expiration of the then current term. Either party may cancel this agreement at any time by giving the other party; THIRTY (30) DAYS' written notice. Upon :. acceptance of this service agreement, Alfi Electronics, Luc. will perform a complete inspection of all system components and parts to be covered under this agreement at no cost to The City Of South Miami Police Department. Any components found not to meet manufacturer's specifications and/or not functioning properly,' will be repaired or replaced at the expense of The City Of South Miami Police Department. This agreement will begin only after all repairs or replacements are ; complete, or the nonfunctioning equipment is noted as such and not included with this agreement.' Page FROM A.I:TNSO TRANS INC FAX NO. : 3052GG4507 oct. 10 2005 07 :14AM P1 KC=B � s- rte— V -05561 L -262 ONSO -262 . r-- VR- 94101465 NSMISSION, INC. 7007 S.W. 13 Terrace, Miami, Florida 33144 • Tel: 305- 261 -4587 • Fax: 305- 266 -4507 f 1c) DAE TIME IN TOW IN A/ME OF RE TER B VEHIC 0 OY DN l Y I ADDRESS CITY STATE TIR CODE jLp(ij0S0I4,TACTpI`IONp_ AUT• IZED gEPJiESENTATIVE' AND PHONE N MILEAGE'IN MILEAGE OUT LICENSE FLATS T N(tttl TYPE �Y ��'O' MA +(� r,� COLOR i Et lm sIZE la ':PRODUCTION DATE CUSTOMER BURVEY. FLEET/WARRANTYACCOUNT _ AI /THORlZAT10N tp CUSTOMER REMARKS: CELL PHONE M NOME PHONE 7711�e I • bESCrOPTION Or- • •) Aw"O TRANSMISSION MAY orERATE THIS VEHICLE FOR run- POSES OP TESTING AND DELIVERY AT 61Y RISF_ I UNDERSTAND THAT IF A- TORQUE CONVERTER AND /On GEARTRAIN COMPONENTS ARE REQUIRED TIIE'COST WILL BE IN ADDITION TO TI IE 7RANSM188IDN SERVICESELECTED.I FURTHER ACKNOWLEDOETHAT SHOULb I NOT AUTHORIZE THE NECESSARY REPAIR, ALONSO MUST REASSEMBLE • • • AND INSTALL 711E TRANSMISSION' BACK INTO MY CAR FOR THE tdyounrs4nabeen . proa4rn7 CHARGE INDICATED. HOWEVER. I UNDERSTAND THAT IN SOME IN- Does :I hspptn Ones M av�hN or om the litne7 Hd o, Dordl STANCES THE TRANSMISSION MAY NOT FUNCTION-AFTER REASSEM• 14rv►You notieetlnY rglee orWEradorte7 — RI_v AND INSTALLATION. If" l2, 14ut><mbtbnfluld been chargva7, - RFAsRFMRt.YCHARGE 00 ww cow wvim haw b@M dom to YOM Ilti IL . 7 Date terabe CnnveHei OeMlrarn MM soo— T7aneoua. Customer 9lpnuure Dare FROM: — TO: — DATEr riMF: • , • • r TEL• AlihMatlee oeAVlnpedatra wtndemtl dleOnaVbtw,toe NrdudnOYeppMet.•aMrte eteeeN ' ert`�AtCM6ineyoRerdt aYe VetJa4fofpupawedteNNq ,Ny/Yabnvgd . o.+N etmy-Yl, :P.O. No. TE.CtOUCIAN '.. X Qwbmt•Auawr4elbn . Aw.e,r..ranDeovned ling LABOR «ATE AMOUNT (- I 1ll AJh I nv+tr ny : Du. 1, lanf''.. _ t rJl..t:• � � � _ _. AMOUNT M OTY PART No. AND DESCRIMON (All pan mw orceaa oe ww4* 4poe lodl TOTAL LABOR sum .Mmamyavursrn..etlaauounlnmBlo ile.laantelf aural [armn>sowymPNS..rr[orcnoasoa, ardryMrcarrle�7lilFRAGdhnraa REVISED ESTIMATE / AODIT IONAL WORK f`arte or nln Tom f W Dotedollein of 01,011111011111 Work Complatito Data `. u ,or i1 y tld t one Ineunl 11i ';liy Parson Phone COmplMW Miletae Male 6 i me Cetltd By ,'Ik+nn und+er5 ail47 wortno.iwn of CU OMER ACY.NOWLIEDGES WARRANTY r0ibD Is �� MONTHS ORI�MIL.ES WHICHEVER COMES r1RST. UHECKA LOCAL 0 SEE GM RED LOCAL WARRANTY TERMS AND COmmoNs. 'NOTE: Fr,raMICAL PROBl.EM5 h PARTS ARE NOT INCLUDED IN REAUILD PRICE TOTAL PARTS 10 DAY RECHECK D910[ '• Save Old Partt O YES 0 NO Milvaga: METHOD OF PAYMENT rLUID $ Shop lniUfft [►CAS" (❑ MC 'r CIVtRTCK ❑VISA TnTALL/1DDn # PLEASE READ CAREFULLYI CHECK ONE OF THESTATEME =MS' BELOW, AND SIGN O PER CK ❑ DISCOVER 10TAL PARTS S I UNDERSTAND, THAT UNDER STATE LAW, I AM CO CK CI OTHER FlmnnNAgNTAI WASTO DI80a # ENTITLED T0 ,A WRITTEN ESTIMATE IF MY FINAL CUSTOMER SURVEY SURTOTAL a BILL WILL EXCEEA s100.OR pREFERRAL CI YELLOW PAGES - Q I REQUEST A WRITTEN ESTIMATE. O NEWSrnrsLt O couroN TAX s ' CI I DO NOT REQUEST A WRITTEN ESTIMATE AS PAAOlO/TV []slam 101AL s LUNG AS: THE COSTS DO NOT EXCEED S__- Ln9oRRATE 0tfounLY CTrIAT 0BOT14 " THE SHOP MAY NOT EXCEEDS THIS AMOUNT s par hoer WITHOUT MY WRITTEN OR ORAL APPhOVAL. Th•ro ;fttll be riloryfpo ehwgtl of t / d*y for smy Q I DO NOT REQUEST A WRITTEN ESTIMATE, V41w• I.1t Rtoro titan 5 day effor notill"tlon of r omplotlon of r"rWork. 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RM..nM.P m. or't1 r n"y"'d ' . hdud+O arm 'Ipeio` � (1 �_' � n d oE-.c oal IR' alWte 1 pOT: eUttornvr�r��tt�lnj�Q,t;ar3 .D . wVWi olt.{�L�.w ✓' ` V, v rG�� F ly I° r rte. y Q V G J V V f ^Jr lJ f,1\ 4 w/,4v?10 IL 4 C,490 FROM :RACTION FAX NO :3056653549 Oct. 10 2005 08:16AM P1 e z z O l" LU 0 us CD } . °- Z p COL- Lu 8 o 03 ono e f G Q O I- H :j '.�� U7 W r W C2 W �: ni � U q ?K }- — z HLu CHU u 1 tad Ll! 0— lit Uj LE = OJT uj r- W En rz y}`w be Z r W = �WW m R' M > ra A ? Q WZ -U uj UJ C3 lu ui 13 13 E3 8Z Ca 0. 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Driving Solutions Of Miami i r , 7247 Sw 401h St, Miami, Fl_ 33155 . TRANSMISSIONS 305 -264 -1009 ,- MV # Cr, # 55926 251(1004 1 Assembly Set— Ls - (i)(b) 353.00 1 Filter (b) 33.00 1 Band - Coast(b) 10.00 16.0 Fluid (b) 44.96 5 Labor (rr) (b) ` 350.00 630.00 1 Torque Converter 292.00 1 Pump Assy. i� 221.73 Parts 954.19 Labor 980.00 Subtotal T934.19 Tax 0.00 Total 1,934,19 SERVICE WITH 36 MONTI1136,000 MILE WARRANTY Parts 1449.19 Labor 980.00 Subtotal 0.06 Total �!? Parts 1,649.19 Labor 980.00 Subtotal 2,629.19 z s 0.00 Total •r;;ilP EO`C2MPlETIAN'vATE • INrEli0E0}4E1H(%inF PAYAlF.16 _.,_ • 0ffi'Ai rikN8711L L 01 T!.TAI<f[ FOR EYY dl r.Tir•N 11R n "EI I6N IF RIOUfkfEO.:YESU NOI] • STO}idvE trF f,-- -- ---PEB OIrY frll v POLY lirl ER W.tlliKlEti 0aY5 irC! +1 h,•iiICE O(GOfJP1 ET10!ti PLEASE READ .CAREFULLY, CHECK ONE OF 11••IE STATEMENTS BELOW, AND SIGI I UNDERSTAND THATUNDER STATE LAW, I AM EN'T IT LED TO A Wn[TTEN ESTTMAT E <, IF MY FINAL BILL WILL EXCEED $100.' 1.0 1 RE=QUEST A WRITTEN ESTMATE, 2.01 DO NOT REQUEST A WRITTEN ESTIMATE AS LUNG AS THE REPAIR COST DOES NOT EXOMD k : . - THE SI.10- P MAY NOT EY,CEEU THI9.AMOUN i' WI T 1••K*)UI' MY WRITTEN ORDMLAPPROVAL 3.01 DO NOT REQUEST WRITTEN ESTIMATE. SIGNED DATE [uIrI7H tip'u rre°x a as m nivurw I3 frCf IIIrS ql IP d {I�jIIp - A Mfr! jF.11�y1 I :SU'1 21 E YC ItYP iwq.111"C Ilrnllf. • d11 1 JI'L�T^gLPtl6i` fB.,SIpS 01 IhEY °hIC1 td� 3 C ^[7 of Ir 1� PB.a r.. 1'�4I , rK10fa1 m �J�d IYrrtulg xndi50n. r �-- -....• ,�— CONTRACT AWARD SHEET MIAM;f-DADE DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION BID NO.: 1070- 3/07 -2 Previous Bid No.: 1070 - 3/07 -1 TITLE. Automotive and Truck Parts &'Accessories, Catalogue Suppliers & Specialized Repairs COMMODITY CODE NO.: 060 -00 OTR YEARS: Three ,(3) LIVING WAGE APPLIES: [_-]YES ® NO CONTRACT PERIOD: December 1, 2005 through November 30, 2006 AWARD BASED ON MEASURES: ❑ YES ® NO ® SR.PROCUREMENI' AGENT: Pablo Martine PHONE: 305475 -2102 ❑ S13E Set Aside ❑ Bid Preference: ❑ SBE ❑ Micro SBE ❑ SBE Goal ❑ CSBE Level ❑, Local Preference ❑ ` Prevailing Wages (Reso. 90 -143) ❑ Living Wage PART #1: VENDOR AWARDED F.E.I.N.: 59- 2028023 VENDOR: PAPCO Auto Parts South, Inc r STREET: 80 West Mowry Drive CITY /STATE /ZIP: Homestead, Florida 33030 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30' DAYS DELIVERY: AS NEEDED PHONE: (305) 248 -9666 FAX: (305) 248 -9089 E -MAIL: skip @papcoautostores.com CONTACT PERSON: Buford: Moore DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION AWARD SHEE ADC Revised 49114100 BID NO. 1070-3/07-2 PAGE 2 OF 8 F.E.I.N.; 59- 2462297 VENDOR: - Elio's Auto Electric Inc. STREET: 3251 NW 281h CITY /STATE /ZIP: Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 633 -3004 FAX: (305) 634 -8520 E -MAIL: CONTACT PERSON: Jesus Avila F.E.I.N.: 65- 0118452 VENDOR: Automotive Parts & Machine, Inc.' STREET: 13517 SW 136th Street CITY /STATE /ZIP: Miami, Florida 33186 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 238 -2100 FAX: (305) 232 -2570 E- MAIL: apmmiami @aol.com CONTACT PERSON: Terry Perrin F.E.I.N.: 592723490 VENDOR: Rose Spring Corporation STREET: 7340 NW 70TH Street CITY /STATE /ZIP: Miami, F133166 F.O.B. TERMS: DESTINATION PAYMENTTERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 885 - 5715 FAX:. (305) 888 -9715 E -MAIL: ubolts2 @bellsouth.viet CONTACT PERSON: Enrique Vinas JR. DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 2` AWARD SHESTA00 Revised 09/19/00 BID NO. 1070-3/07-2 PAGE'3 OF 8 F.E.I.N.: 59- 1820682 VENDOR: Tropical International STREET: `3510 NW 60th Street CITY /STATE /ZIP: ` Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 633 -7575 - FAX: (305) 638 -0849 E -MAIL: fsuarez @tropicalauto.com CONTACT PERSON: Jose Garcia F.E.I.N.: 59- 3337687 VENDOR: National Truck Parts of Florida STREET: 3061 NW 75th Avenue CITY /STATE /ZIP: Miami, Florida 33122 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 591 -3200 FAX: (305) 591 -9239 E -MAIL: CONTACT PERSON: Joseph Mucinski F.E.LN.: 58- 0254510 VENDOR: Genuine Parts Co., D/B /A NAPA Auto Parts STREET: 9250 NW 58th Street CITY /STATE /ZIP: Miami, Florida 33178 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30'DAYS` DELIVERY: AS NEEDED PHONE: (305) 599 -2624 FAX: (305) 599 -4876' E -MAIL: CONTACT PERSON: Michael Conroy F.E.I.N.: 59- 0232360 VENDOR: Electric Sales & Service STREET: 340 NE 75th Street CITY /STATE /ZIP: Miami, 'Flo: rida 33238 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 754 -8646 FAX: (305) 754 -639$ E- MAIL: essmiami @aol.com CONTACT PERSON: Ray Ibberson DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACT'S DMSION 3 A WARD SHEETAOC Aorised 0911400 BID NO. 1070-3/07-2 PAGE 4 OF 8 ' F.E.I.N.: 59- 2027867 , VENDOR: ,; American Genuine Auto Truck STREET: 2777 NW 54th Street CITY /STATE /ZIP: Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 638 - 5041 FAX: _ (305) 638 -2052' E -MAIL: CONTACT PERSON: Justo L Diaz F.E.I.N.: 59- 0841470 VENDOR: Arrow Muffler Co., Inc. STREET: 14545 NW 7th Avenue CITY /STATE /ZIP: Miami, Florida 33168 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY:, AS NEEDED PHONE: (305)688 -0574 . FAX: (305)688 -0545 E -MAIL: CONTACT PERSON: George M. DeJacomo F.E.I.N.: 59- 1897294 VENDOR: Jack Lyons Truck Parts, Inc. V STREET: 8482 NW 96th Street CITY /STATE /ZIP: Medley., Florida 33166 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 8844222 FAX: (305) 885 - 6168" E -MAIL: jacklyons @aol.com CONTACT PERSON: Patrick 'Lyons F.E.I.N.: 59- 1346899 VENDOR: Power Brake & Exchange STREET: 2050 NW 23rd Street CITY/ STATE/ ZIP: - Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 635 -1120 FAX: - (305) 635 -1124 E -MAIL: brakes @gate.net CONTACT PERSON: John Kennedy DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 4 AWARD SIMT.doe Reriscd,09 /19/00 BID NO. 1070 - 3107 -2 PAGE 5 OF 8 F.E.I.N.: 59- 2150688 VENDOR: Rema Tire Supply, Inc. v STREET: 5570 NW 84th Avenue CITY /STATE /ZIP: Miami, Florida 33166 - F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS. ' DELIVERY: AS NEEDED PHONE: (305) 512 -0023' FAX: (305) 513 -0054 E -MAIL: CONTACT PERSON: Guillermo Garcia F.E.I.N.: 36- 1150280 VENDOR: W. W. Grainger, Inc. STREET: 2255 NW 89th Place CITY /STATE /ZIP: Miami, Florida 33172 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 582 -1257 FAX: (305) 592 - 5611 E -MAIL: YOLAISY.MARTINEZ@GRAINGER.COM CONTACT PERSON: Joly Martinez F.E.I.N.: 382262714 VENDOR: Atlantic Truck Sales STREET: 2565 West State Rd 7 CITY /STATE /ZIP: Ft. Lauderdale, Florida 33312 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS' DELIVERY :' AS NEEDED PHONE: 954 -587- 8220 ; FAX: 954-797-9720 E -MAIL: JAYLUCK@ATLANTICTRUCKS.COM CONTACT PERSON: Jay Luck PART #2: "ITEMS AWARDED SEE ATTACHED 31 AUTOMOTIVE,' PARTS & SUPPLIES ELECTRIC SALES & SERVICE ` PAPCO AUTO PARTS NAPA JACK LYONS AUTOMOTIVE PARTS & MACHINE , TROPICAL INTERNATIONAL DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION S AWARD META= Rerised09l19L00 "`r- ;— i',, --m• ,.�, tY ... - _""�,r ,. n'^.'x?'.Ti?``4ca'"J.vr"3 A A,�, .. ^.,. ,::,:u. , m ,,✓`. 'S tam,. - t=; `k +..: hh,. 4u,. .. �'�,,.... tom..'. E ;;''i.. ; -..?t 4"1x3z.^�.v. _ BID NO. 1070 - 3/07 -2 PAGE 6 OF 8 3.2.1 SPECIALIZED AUTOMOTIVE & TRUCK PARTS SUPPLIES ELECTRIC SALES & SERVICE PAPCO AUTO PARTS JACK LYONS AUTOMOTIVE PARTS & MACHINE POWER BRAKE GRAINGER NATIONAL TRUCK PARTS REMA TIRE SUPPLY AMERICAN GENUINE PARTS ROSE SPRING ARROW MUFFLER ELIO'S' AUTO ELECTRIC 3.3 CATALOG SUPPLIES GRAINGER ELIO'S AUTO ELECTRIC 3.4 SPECIALIZED REPAIRS ELECTRIC SALES & SERVICE JACK LYONS ATLANTIC TRUCK SALES ARROW MUFFLER ELIO'S AUTO ELECTRIC POWER BRAKE DEPARTMENT OF PROCUREMENT MANAGEMENT' BIDS AND CONTRACTS DIVISION 6 AWARD SHEE7.doc Revised Q9fl9l00 ,. ...nw Mme. ,... .. . §rr ,._n - Y BID NO. 1070-3/07-2 PAGE 7 OF 8 PART #3: < AWARD INFORMATION ® DPM AWARD DATE: 10/20/05 BIDS & CONTRACTS RELEASE DATE: 11/04/05 OTRYEAR: 2 ADDITIONAL ITEMS ALLOWED: YES SPECIAL CONDITIONS: ONLY AUTOMOTIVE ACCESSORIES ALLOWED FROM CATALOGUE SUPPLIERS ` TOTAL CONTRACT VALUE: $6,603,400.00 USER DEPARTMENT(S) DOLLAR ALLOCATED` AVIATION $ 237,500.00 ET $ 20,000.00 FIRE DEPARTMENT $ 725,750.00 GSA/FLEET ' $ 3,718,250.00 M.D.T.A $ 560,000.00 MDPD $ 9,900.00 PARK & RECREATION $ 300,000.00 PUBLIC WORKS $ 38,000.00 SEAPORT $ 9,500.00 SOLID WASTE $ 1,500.00 VIZCAYA MUSEUM $ 500.00 WASD $ 982,500.00 DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION % AWARD SHEHT.doe Rcvised 09119!00 BID N0.1070- 3/07 -2 PACE 8 OF 8 WAREHOUSE DISTIBUTORS UNDER 1 V2 TON 1) JACK -LYONS . 2) AUTOMOTIVE PARTS AND MACHINE 3) NAPA AUTO PARTS 4) PAPCO AUTO PARTS SOUTH 5) ELECTRIC SALES AND SERVICE 6) TROPICAL INTERNATIONAL WAREHOUSE DISTIBUTORS OVER 1 1/2 TON 1) JACK LYONS 2) AUTOMOTIVE PARTS AND MACHINE 3) NAPA AUTO PARTS 4) PAPCO AUTO PARTS SOUTH 5) ELECTRIC SALES AND, SERVICE 6) TROPICAL INTERNATIONAL DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 8 AWARD SBERTAoc . Rc,6.d 09!19100 MAR -14 -2006 03:34P FROM:AMERILUMBER HARDWARE (305)662 - 1474 TO:3056687208 P.1 AA.WAX. FAIL. FAY -FA FA�G�dx ibxr�la[- R.tk.FAft.F iA]GFAX- FAX- fA74FAX- FAt= FAx.FAX.f�.A[ -i►�X• , PAX FROM C"Y OF SOUTH MIAMI: -CENT'RAL'SERVICES DMSYON 6130 M5rf DRNE sours )MUM, , FL. 33143 MOM- (305) 663 -6339 FAM (305) 66 S- 74% a 9 TO: FROM: CENTRAL SERVICES AMrmom It cArmy vlagv a FA 7i Ait}.: �i 3a3`�' 664 - � AP DATE: PIIdjYE NQ�; -_ fr -38a jP PAGES: PLEASE PROVIDE ME WIT8 A QUOTE YIA FAX ON THE MAR 14 15.5 FOLLOWING =MS. A- S.A.P. rr Ems PRICE (KACH) Ar A. s V4 8D w•+•�� x a ff . s 9,vr ,�• s a /19 S ._,.,. COMMENT$ PLEASE ADVISE IF YOU HOLD ANY COUNTY, STATE•OR SC800t BOARD EMS. k/0 * *t *W YOU HAVE ANY QUESTIONS PLEASE CALL ;ME. * * ** THANK YOU 04 � efi� %- 10/10 39Vd IWVIW HVIOS 30 AlID BOU89990E6 10:9T 908Z/Ol /EO W 03/14/2006 15:23 3052627972 EVERGLADES PAGE 01 Everglades *6991 SW A St* 6991;SW B'Street Miami, FL 33144 1305} P61 -1155' Sold To Ship To CASH SHIP To city of south miani (RUDY DE LA TOR central services division 6130 sunset drive fax -305- 668 - 7208 r FL south miaei, FL 33143 ACCT # QUOTEA TERMS ENTERED SLM EXPIRATION CASHT 3394 2% 10TH/ NET 25TH - - -- 0.,/14/06 1 03/21/06 Duantity U/M Description, Price Extension QUOTE !�* 1 PC PTP 2 "0"x8',. 4.780 4.78 1 PC' CONSTRUCTION.2 "x4 "x8' 3.680 3.68* 1 PC DRYWALL RED, 1/2 "01x8' 12.550 12.55* 1 PC -' DRYWALL TYPE -X 5 /8 "x4' x8' 14.030 14.03* 1 EA JOINT COMPOUND SGAL 14.200 14.20 1 PC CUX 5 /8"x4' x8' PLYWOOD 19.450 19.45+ THANK YOU VIUTAN We agree to furnish the items and grades specified above. This is an estimate Only. Not guaranteed to buildlcomplete any jab or, contract, Errors subject to correction. March t4, 2006 15:2E.08 OT:MI6 MERCHANDISE, 68.64 see OTHER: 0.0R * QUOTE TAX: 7.000% 4.81 ee�rxs PAGE i OF 1 FREIGHT; 0.00 TOTAL: 73.50 TRANSMISSION VERIFICATION REPORT TIME_ ': 04/06/2006 03:44' NAME CITY OF` SOUTH `MIAM FAX 93056687208 TEL 9SO56636350 SERA BROJ4J915601 DATE, TIME 04106 03:43 FAX ND. /NAME 93056916519 DURA PAGE(S) N 00:00:47 RESULT OK 1 MODE STANDARD ' F/ 1. 7iC- N`A]L•FA�C- F',UK.FAX•$f1�C -F'AJ �•iAIC-PA3L- F.+�-FAX -F� PAX• E` Ak• FA7f• FA) WFNC -FA.![- FAX- FAX,FA�L.1►.s#C• FAX CITY OF SOUTH MIAMI Fiil�T - CENI7RAL SERVICES DMS.ION 6130 SUNSET bRIYE SOUTH glAbUp FL. 331+13 PHONZ ; (305) 663-6339 'FAX.- (303 662- 7A 0 $ TO: FROM: CENTRAL SERVICES ATTENTION: FAX NO, : ffsvf� DATE: �f �'-16- Pl3(}NE PAGES; / PLEASE PROVIDE ME Wffg A Q' VOTE ViA FAX ON THE FOLLOWING ITEM (S. A.SJLP. ITEMS-. PRICE (EACEI) x �� Arc.. s" x s — s s C11f1Vi17f5: ■ PLEASE ADVISE IF YOU HOLD ANY COUNTY, STATE- OR 5C'EI00L BOARD BIDS, 4 *A *CIF YOU HAVE ANY ,QUESTIONS PLEASE CALL ME.**** THANK YOU 4e / �'�',�,�� TRANSMISSICN VERIFICATION REPORT TIME 04/07/2006 Ob: 1D N"ME CITY OF SOUTH MI MI FAX 63056697208 TEL 93056636350 SER.# BROJ4J'915601 DATE, TIME 04/07 E15:30 FAX ND. /NAME 9305258 48SS DURATION 00:00 :17 PAGE(S) 01 RESULT OK MODE STANDARD ECM /7. PAX- FAX- FA-K -f - X.VrAX-ri. X -YA2 •FAX- rAX-FAX- F+tX- iA:X-FAX- FAX- FAX- FAXFAX- FAXr,AK- SAX- rAX -tr►x. TAX moot CITY OF SOU'T'H NHAMI CENTRAL SERVICES DMSIO 6130 SUNSIT PEE 54Lt rB MIAMI,M 33143 PHONE., (30s) 6G3 -6339 'FAX: ('305) 66? 7oN 0 8 ` TD: .. — FROM • CENTRAL SERVICES ATTEMION:. k4rmrwarf FAX NO.; �/�, $ 1 99 DA/T�Et A _ PLEASE PROVED19 M + YVITS A QUOTE VIA FAX ON THE FOLLOWING rM IS. `A- S-A—P_ ITEMS: PEKE (EACH) r,cly girl? s PLEASE ADVISE 1T YOU HOLb ANY COUNTY, STATE -OR SCHOOL BOA,RP SEDS, e * * **IFYOU HAVE ANY QVESTIONS PLEASE CALL * *} THANK YOU f• �+F' • � ' X11 ...i..•... -•. w. .��.. _ __�.. - .�_ _� _ _ �+-- a 1 ' FAX -FAX- FAX °FAX - FAX- F.UXPA.X FAX•EAX -PAX- FAX- iAX.FAX- FAX• FA *FAXrAX- VA- V- ftX-8•AX- F•AX-rAX- TAX MObt CITY OF SOUTH MIAMI EN'I'R.AL SERVICES DIVISION 6130 SUNSET D1dW SOrT JEF Wout FL. 33143 PRONE • (3os) aa3 -039 FAX: (M5) 666" Icao3 TO: `ry�. ■ '��{{ RC}14'I: yyCJ�Et}111T/ ►RAL'>ERVxCES • A77 oLg R -- A-i. i • if qil• l2uv FAX 110.: s �"1 -��`! �� .4h -,e j __ DA'C'E: .., _7� PHONE x PLEASE PROVIDE HE WITH A QUOTE VIA FAX ON THE - FOtLO WING MJV IS- A SJLP_ ITEMS: // TRUCE (FACE) !- 1 rr,Y } COMMENTS: ply: • PLEASE ADVISE W YOU HOLD ANY COUNTY, STATE-OR SCHOOL WARD BMS. * * * *IFYOU HA.VE'AW QVSSTIONS PLEASE CALL ME. *Ik*- THANK YOU --� 00 e M £Z /BT 39Vd I VIN Hinos d0 AiIJ 80ZLO99SOEB 86:80 990Z /0L /b0 TRANSMISS :ON VERIFICATION REPQRT TIME 04/06/2006 03:42 NAME CIT1'rrr OF SOUTH MIAMI` Fri '-. 9905668720 TEL 93056636350 SER.4 ;;; BROJ4J915601 DATE, TIME 04/06 03:42 FAX NO. /NAME 93656334054 DURATION 00:00:14 PAGE(S) 01 RESULT OK MODE STANDARD ECM rAX- Flax - FAX- FAX.FAX -FAX-M - FAX- FAx -F,UC FAX- FAK•F,►X'Fhx -FA74• FAX- F�l7C•F�r.FAK- FXX -anx -FUG FAX Mom CITY OF SOUTH MIAMI !CENTRAL SERVICES DIi!'XSION 6130 iSUNSET DR Y'E .((��//ryry���}}�� SOUTH 39. FL... 33/243 / Q yj p�7� ?ll0Nl -. (305'5) 47�±3-633_q ,. . AX- 0055) .66 1- - ti o s a TO: FROM: - CTrNML SERWCES M NW &&- A S S • _400-40 DATE. PHONE ISO.: PAGE*' PLEASE PROVIDE ME WIT]ff A OUOTIE VIA FAX ON THE F0LL0l G rITA is. ASJLF. ITEMS: TRICE (EACH) �? Zoe RX ,,1r :_.._ 4zg*& ft�o 415t kx S/ra s ' _ter° v 37 S S I COMM-ErjxS: PLEASE ADVISE IF YOV HOLD ANY COUNTY, STATE- OR SCHOOL BOARD BIDS. * * * *IF YOU HAVE ANY QUESTIONS PLXASE CALL ME..*w' *" THANK YOU w el .�'a.,- U 4t d Ut LtjU0 U-Z. 3O =".3u'.3000 fzvo u 1 Y Ut- LUU I h mI All I I t-iUG LL! L 3 LL TR'�iNSMI'SSION VERIFICATION REF QPT TIME : 04/07/2006 05:29 NAME CITY OF SOUTH MIAMI FAX 53056687208 T5L :' 93056636350 SER_4 EROJ4J915601 DATE, TIME 04/07 E5:29 FAX NO,/NAME; 9365885 734 DURATION 00:00:3 FAGE(S ) 01 MODE LT STANDARr rauc- r', �a• rw�[- eiut`. F+ �x. F�UC- F. U:- �i .t,X- !'AaC.'FAX.FA%..F'Ax.F�tX- FAX. FAX -P�►�4 fi�L7C •F1�7�- FAK•8.k5C.$S,X.Ya.K. C-, TY OF SOUTH MIAMI ANTRAL SERVICESOMSION 61M SV14SZT PRIM S0UTH 9fAAW, FL. 3314 ' PIS ONVB : (36) 663 -8339 FAX (305) 6 6 3- 7& A 1 TO: r r eon ' 1 FROM: , CENTRAL SrRVICES FAX NO.: JjIM- d'$ � g DATE: � .. r1loNE`NO.: . PAGES.,/ ?LEASE PROVIDE ME Wrrfl A OUOTE VIA FAQ ON THE . FOLLOWING ITV IS. A.S -A»P. ' ITEMS. PRICE (EACH) S anx s ke pyCOMMENTS.- YLEASE ADVISE ff- YOU HOLD ANY COUNTY, STATE- OR SCHOOL BOARD BIDS. t" * *, IF YOU HAVE ANY QUESTIONS PLEASE CALL ME ***** TtIANK YOU el Page 1- of l Vazquez, Kathy From: De la Torre, Rudy Sent: Monday, April 10, 2006 3:07 PM To: Vazquez, Kathy_ Subject: Open PO back up. Kathy, the following vendors have not responded to our numerous requests' Building Materials. Ronnie's Ace Hardware Florida Lumber Home Lumber MRC Lumber Nachon Enterprises, Inc. - Electrical Supplies Bulb man Lighting EBC Electric 1 Manhattan Electric Graybar Electric South Dade Electrical. Kathy, I'm also #axing you the confirmation for all the above. In reference to J.A.M. Welding, I'm also faxing to you the letter from First Vehicle Services, which states that J.A.M. Welding is one of the vendors they use to provide service to other cities, by us working directly with JAM we cut out the middle man, which results in savings to the City, also JAM is the only vendor in the area with portable weldinfg equipment capabilities. Which is critical for us due to on the field emergency' repairs. Rudy de la Torre Maintenance Services Operations Manager South" Miami Public Works 4795 SW 75th Avenue, Miami, Fl- 33155 Office: 305 663 6350 - Fax: 305 6687208 4/10/2006 MIAMI -DADE COUNTY PURCHASE ORDER PAGE:' 1 DATE: 12/08/2005 ** ORIGINAL ** PO NUMBER: POAV0600262 VENDOR: REQUESTING DEPARTMENT OR AGENCY: S & W AUTO GROUP CORP AVIATION DEPARTMENT DBA B & M AUTO COLLISION- 5780 SW 68 ST 4331 NW 22 ST MIAMI, FL 33143- BLDG 3040 MIAMI, FL 33122 VENDOR ID: '650845887 01 IVENDOR TEL: '(305)661 -0302 PLEASE REFER ALL QUESTIONS ITEL: (305)876 -8482 CONCERNING THIS 'ORDER TO: NEIVY GARCIA CASH DISCOUNT:' (FREIGHT CARRIER: NET30 FOB: REST -P FOB DESTINATION, FREIGHT PREPAID. THE SELLER PAYS AND BEARS THE FREIGHT CHARGES. AGENT CONTACT: LERAY, DIANE IDELIVERY REQUIREDIDEPT. NO. IREQ NO. (305)375 -5330 112/01/2005 IAV51' IPOAV0600262 ISSUED UNDER CONTRACT NO: 3881 - 4/06 -4 BPO ID ABCW0600110 SHIP TO: (BILL TO: 4331 NW 22 ST IPO BOX 592616 BLDG 3040 MOBILE GARAGE (MIAMI, FL 33159 -2616 MIAMI, FL 33122 1 MIAMI -DADE COUNTY BLANKET PURCHASE ORDER (PO ---------------------------- BPO ID: ABCW0600110 PRINT DATE: 11/16/2005 PAGE: 01 ** REPRINT OF ORIGINAL * --------------------------- VENDOR ID: ------------------------------ * * * * * * * * ** PRIME VENDOR SET ASIDE MULTI- VENDOR °'BPO SUBVENDOR GOAL : 00% PRIME VENDOR COMMITMENT: 00% SHIP TO: AS SPECIFIED ON INDIVIDUAL ORDERS PLEASE REFER ALL QUESTIONS CONCERNING THIS ORDER TO: LERAY,_DIANE (305) 375 -5330 - - -- ITB ID EXPR DATE DISCOUNT TERMS CONTRACT AMOUNT 11/30/2006 2,657,000.00 BID NUMBER, 3881- 4/06 -4 PRE - QUALIFIED VENDORS FOR MULTI-VENDOR BPO VENDOR ID SFX VENDOR NAME DISCOUNT TERMS 591282529° 01 3 POINTS PAINT & BODY WORK INC NET30` 591402487 01 PALM TRUCK CENTERS INC NET30 591431929 01 CUBANSHINE FRAME &' BODY °SHOP INC NET30 592085893 01 E S F INC NET30 592249640 01 CRONY BODY WORKS 'INC NET30 650353393' 01 FINISHING TOUCH AUTO WORKS INC NET30 650724802 01 U S''BODY SHOP INC NET30 650845887 01 S & W AUTO GROUP CORP NET30 650993249 01 ADVANCED BODY & FRAME INC NET30 651012714 01 MULHOLLAND INDUSTRIES INC. NET30 651096022 01 COUNTYWIDE COLLISION CORP NET30 ITEM COMMODITY ID U/M UNIT COST 001 928 -19 AUTOMOTIVE BODY WORK (INCLUDING UNDERCOATI -- - - - - - -- - - - -- - - -- - END OF ITEM LIST ------------------------------ October 5i 2604 04 of South Miami 5130 Sunset Drive South Miami, Florida 33143 -6093 Attention: Ms. Kaft L. Vazquez Purhesirg.: [Manager Mr. Rudy lie La Torre Maintenance `t na er Ids. Vazquez, Pursuant to our meeting of October 4, 2004 me are please to offer as #dllous: BV Oil Wit sell and deliver gasoline and diesel fuel to you on a monthly, as needed basis. as per one of these hNo options. used on the weekly low award price as per the Miami -lade Gasoline and Nesel Contract regardless of fro is the last bidder for each product as outline! in Zane "S". or 2). Based can the OPIS rack average for each grade plus $0.2735 per gallon for gasoline and diesel on the day of delivery. `A OP1S publication would be provided to support the prices. Payment term: 39 days from date of delivery. Qelhedes. .24 Dour nofiificat on of delivery bad on 3; or 4 week mutually agreeable . schedule to top off your three of your tanks. While we await the c omi ission "s appr0"al of this agreement, we would begin making monthly deliveries based on number 1 above, p €ov ded it is acc6ptable to you. We look forward to your acceptance of this. ptaz. lc t Regards ,loh. A. Wrrgit i . , �r s s �Wo M � � � N OO �1 �i O Pa O oW� U � � o o N 85, Q V Z •�'Qw H W A H z W x a 1� x W a d w A A O .- ,� „..r;.,n. -,. .^--- •�— r. �,.<: n�.�. � fir, "">`;w� "°'. -. �., r, .,E' .5t� '�?�: w�'w��i.=r' .�'S^'` �.��^� '1°>- -_r.;? ..�r.�:.'?'°"'°x.."°� -,_._� r��`i ,�. �, .- ��'�T:?". °si'eN< P� Pa iii 'R � IIR N V Z Z Z N N qv le �I A' kn (71, M O pC� V 00 00 N N_ N N N Q cr\ d 0 o c N N N N \ A o 0 00 N N N, N N el ir' N cV N N 00 � F m O 00 000 o o z C z .K` N N N N w N tV N N U o0 N N N N tV a o h o z�o� N N N N N N w A n o �' N N N N N �. 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Vazquez, Kath From: Soto, Nazario (DPM) [NAZARIO @miamidade.gov] Sent: Friday, March 31, 2006 12:04 PM To: Gary White; John Wright; Andy Varas; Don Carlton; hjacobson @portconsolidated.com; Mansfield Oil; Michelle Shively; monica rubiera; Cam, Marcelo (DPM); Armas, Joann; Hicks, Gregory D. (WASD); Lubeck, Charis (MDT); Montgomery, Dallas (MDT); Arroyo, Tony (MDT); Heckman, Beverly (MDFR); Jessie, Ruth (GSA); Feterman, Denis (Airport); gbeaupre @ci.homestead.fl.us; Maria Medina; kennethpatterson @miamibeachfl.gov; smarti n@ci. homestead. fl. us; georgefisher @miamibeachfl.gov; isablesatcher @miamibeachfl.gov; Suarez, Gustavo (GSA); Santelices, Armando (GSA); Vigo, Aily (MDCR); Palma, Emilio (MDCR); Diaz, Olga (GSA); Paredes, Hector (GSA); Graham, Shannon; City Of North Miami; Targete,>Mireille; Love, Alfredia (WASD); Miro, Anabel (VIZCAYA); Lichtenberg, Olinda E. (WASD); Reese, Larry G (WASD); Smith, Joseph G (WASD); Smith, Tony G. (WASD); Upson, Albert F. (WASD); Valenti, Marie (MDPR); Ponce, Jose J. (MDPR); Haley, Kathleen (MDPR); MACOILSM @BELLSOUTH.NET; fmj @comiami -' dade.fl.us; Salvator, Cecilia (Airport); jepperson @mansfieldoil.com; Grantpo @miami - dade.fl.us; rumblej@bellsouth.net; Lehmann, Jocelyne (MDPR); Watkins, Buddy (MDPR); kvazquez @cityofsouthmiami.net; mvirguez @cityofsouthmiami.net; Fleet@ci.miaimi- beach.fl.us; larrien @sbab dade.k12.fl.us; MIAMldcps @hotmail.com; ctaylor@ci north- miami.fl.us; tclerk @town.surfside.fl.us; flacityfd @aol.com; cberriz @ci.hialeah.fl.us; Fogeigrend @aventurapolice.com; YRosado @miami- airport.com; Manners, Lydia (WASD); dmoore @ci homestead.fl.us; Joyce Dickerson; s hernandezr @miamisprings.fl.us; Petroleum Traders; City of Pinecrest; Clinton @pinecrest - fl.gov; Robert Whittington; City of Miami; Douglas, Chad (MDPR); Dade Schools; Kirwin, Kevin (OSBM); McKeon, Carlos (MDPR); Hamilton, Mark (GSA); Bustamante, Sahily (MDCR); MTargete @northmiamifl.gov; Castro, Alexis (DPM); Rosita Hernandez; Cesar Flores; Bromfield, David (DERM); Fernandez, Norma E. (MDHA);'Saydal, Mari (MDHA); Juan Paulino; Wedemier,,Dejenaba "DJ" (DPM); EMorris2 @dadeschools.net Subject: RE: Gas Report 04 -02 -06 through 04 -08 -06 Attachments: _ Gas 'Report ,04 -02 -06 through 04- 08- 06;doc Gas Report 4 -02 -06 through 04. Fuel prices 04 -02 -06 through 04 -08 -06 Nazario Soto , Sr. Procurement Contracting' Agent Department of Procurement Management Email: nazario @miamidade.gov Tel: 305 - 375 -4424 1 03/22/2006 11:00 305- 235 -4690 7BEENSON ELECTRIC PAGE 01/08 BOON ELEC j RIC IN aurement Management Purchasing Division MIMi -DADS 111 NW 1st Street • Suite 1300 JAN 1 �� 7 Miami, Florida 33128 -1974 WaW T-305-375-5289 F 305 -375 -4407 305 - 372 -6128 � ADA Coordination RECE .: Elm 9% VtL) niiamidade.gov Agenda Coordination G Animal Services ...1/11/2006 Art in Pvblic.Pletes Mr. fames Clark , Audil and Management services BENSON ELECTRIC, INC. (591226489) Avia�ian 10475 S.W. 1861, St. Building Miami, FL 33157 / Building Code Compliance RE: OPTION TO RENEW Business Development Coital Improvements DID 1s0.: 2385 - 4/08 -1 lJ" Industria l Electrical Services ( Pre qualiEcation ) Citiens• lndt•pendcnt Transportation Trust CommisjEon On Atblcs;and Poblic Trvst Commonicatiorns Dear Vendor: COmfnvntly Action Agency : You are hereb y notified that the County intends to exercise our option to. renew for the above Community L EcOnOmio Development Q >mmunity Rdetlom referenced contract. Conaumer.Sen'ie @s Corrections & Rehabilitation The renewal is contingent upon compliance with County ordinances, affidavits, etc. Should your Cultural Affairs company be in noa- comoliancr , please subunit the required docurnent(s Elections Emergency Management The renewal is also contingent upon compliance with the contract documents, wherein you are EmptoynRelations required to submit new documentation for the option year. Those items have been marked Empowerment Trust below. Enterprise Technology5ervices / ,1 Environmental Resources Management CRTT%TCATTE ;OF ZI�iSLTNCIs -Shall be submitted to this n �\ Fair Employment Practices office no later than .thirty (30) calendar days :prior to Finance commencement of the new contract terra. fire Rescue L9"' Ceneral Services Administration ❑ PEt RF'O E BOND - To be submitted to this office no later aft Historic Preservation than thirty (30) calendar days prior to commencement of the new V �� � • fwd(, Homeless Trusl contract term in the amount of $ A copy of the HousingAs¢ncy Performance Bond forn is enclosed for your use. Housing Finance Authority NO OTHER FORMS WILL BE ACCEPTED. ./ Human Services �. independent Review Pa net Subsequent to the review and acceptance of the above:iriziSed item(s), this office shall issue a International Trade Consortium new purchase order(s). juvenil @Assessment Center —_ Medical Exam`ner he new contract nu 11 be 2385 - 4/08-2, and the term shall be from March. 01., 2006, Metro -Miami Adion Plan - throughk'ebruary 2S} 2007 Metrapolitdq Planning Qrganization Park and Recreation ,o rmation,.feel free to contact this office at 305-375-4369, Planning and Zoning Police Sincerely; Pto[uremenlManagement Property Appraisal MI D . •' LNTY Public Library System Public Safe Neighborhood Parka a Seaport irnsurance Compliance Coordinator Solid Waste Management Strategic Business Management rg /rg Team Metro Attachments Transit. Task room an Urban Ecor10mic Revitalization (rA bids $ contractslotr touffs SOsurance performanco bof,&doc) f .Vizcaya Museum And Gardens ,. � . •;• . � ,, ' t t. �.: 9° ,..:. t' � ! i� '.ti.. f a�, Water & Sewer • C 03/22/2006 11 :00 305 -235 -4690 BENSON ELECTRIC PAGE 02/08 From; Mary, t ou ins ru. rim a nur m ica , o�,v: •,•••• -' - - • - - DATEfMM,DOtYYYYJ ACORD CERTIFICATE CIF LIABILITY INSUR NICE °P`° ° gENsa41 01/17/06 THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR FILER INSUF�►NC� , INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ 9440, S.W, 77 Avenue Miami, EL 93156 -270 -2195 I;INSURERS AFFORCtINGCOVER.AGE NAIL T phone 305- 270 -2100 Fax:305 E� + Axsuancs Co - o£ Amraa 19305 IhISUR re E Fne..¢o. :�--- nrF4g�EielA eMployec. �IIi -- Essex Insurance "company I Hanson Electric Inc. x.0475 S.W. -186 street -� I r,y FE�c Miami >:L 33157 COVERAGES Jaw,SE .ISTEC °El'7vJ F AVC EE+t r jai EC '7 rHE IN •RED r• A, f E '6 ` F HE F r FER D r,L IC CD- r, 7 rr �,r;M 0:r•r; :a•rEt 'p,' I r o-Ea E'Q, TEr!i F . ^+Gr-1 }f, ;'�F PP7Y rrF�. ''.G T E�D!1 N!E T. PE 7J.T;)UP- PIEEONE l 11 +vr Pc PS '�• H.r tUE.E. aL HE 7C Z.,!' ._ ,r„ LIC .JrICiT,. :r7U;H .E AF CFGEDEY ir¢P.L _.csCEa azrE mA i DATE iMM1OOm1 • UNITS rs POLICY wHOER LTR It ISRG TYPG OF RISURAHCS r DATE jNIblrDpivy, IE 4kFt+ fi 1,000,004 GENERAL LIABILITY SCP36949726 c c »300,000 /01/05 09 /A1 /On pE +i.E3 c ++ A uF 1 E ti 4n, 10,000 �— I i_Ca...,, X I'_� "L,I_P, 11,000,000 X !Broad T(5rt31 AL° FEt f 1$2,000,000 property Damage i i - +,F „P a -? ' 6 2 , 000 000 P }I IC v,i ;VTOIJb0ILE LIABILIYY ( r 5 ; 1, 0 0 0; 0 0 0 i X I SCF36949726 � 09/01/05 09/01/06 A _ X y X is GARAGE LIABILITY EYCESSU' IBRELLA LIABILITY c9 /ol /as o9 /ol /a� 1 1,000000 c X :"c �� _, rr= �.�= 12532775 • _irE. I la _ i 5 0.0 0 1 r . NORKrRS COMFWISA'nOrJ AND EMPLOYER LIA®ILITY IQ8'30 09739 •• ac PF E ;kiF n F s,.LT, %E i 04 /O1 /O5; 04 /01 /06 L .,_ c,F..T x500,000 r-- FaFIE IEEE. ._.Cc. JrA- I, 3500, 000 OTHER IIk1 09/01/051 49/01/06 Rental 5,000 p� I EqulpTnent E1,oaCer ScP36949725 I • r i i I OGaCRIPTIOw OF OPERATIONS i LOCA7IOnIS f VEHICLES ! EI<CLUSIOnIS ADDED EY ENDORSE; der4T I SPECIAL PROM101•IS Bid No: 2685-'4/08-1 Industrial Electrical - Service Certxfiaate Holder Miami Dade County is listed as additional insured. CANCELLATION`- CERTIFICATE HOLDER SHOULb ANY OF THE ABOVE DESCRIBED POLICIES EE CANCELLED BEFORE ITiE EXpIRATJDN MIAMI42 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTIC9 TO THE CERTIFICATE HOLDER NAMED TO THE LFPT. BUT FAILURE TO DO SO SHALL Miami Dade County IMPOSE No OBLIGATION OR LIA911-1M'Y OF ANY KIND UPON THE INSURER. ITS AGEN'CS OR 111 NW I Street, #2340 RfpREesNTATNEs. Miami FL 3312$ AVTHO PREBEIJTATIVE �. DARYL TORRES - A266851 O+ ACORD CORPORATION 1986 AcORl7 as Iza0lfoa) a COUNTY P BPO # ABCW0500353 BID NO.: 2385- 4/08 -1 Previous Bid No.: 2385- 4 /08 -OTR TITLE: Industrial Electrical Services (Pre. - qualification of Bidders) COMMODITY CODE NO.: 909 -39 OTR YEARS: 1 OF 4 LIVING WAGE APPLIES: YES ® NO CONTRACT PERIOD: 3/1/2005 through 2/28/2006 AWARD BASED ON MEASURES: ❑ YES Z NO ❑ SR.PROCUREMENT AGENT: Laura Gonzalez PHONE: 305- 375 -3904 FAX: -305- 375 -4407 EMAIL ADDRESS: lagonz@miamidade.gov PART #1: VENDOR AWARDED F.E.I.N.: 591584838 -01 VENDOR: American Electric of Miami, Inc. STREET: ` 11371 SW 208 Drive CITY /STATE /ZIP: Miami, Florida 33189 F.O.B. TERMS: Destination PAYMENT TERMS: Net 30,, DELIVERY: As Required TOLL FREE PHONE # N /A` PHONE: 305- 253 -9131 FAX: 305 -253 -4608 E -MAIL: amerel @bellsouth.net ' CONTACT PERSON: Jack Pliner DEPARTMENT OF PROCUREMENT MANAGEMENT PURCHASING DIVISION I AWARD SHEET.doe - Revised 09/19/00 j F.E.I.N.: 592429661 -01 VENDOR: Dato`Electric Inc.. STREET:. 641 Desoto Drive CITY /STATE /ZIP: Miami Springs, Florida 33166 F.O.B. TERMS: ' Destination PAYMENTTERMS: 2 %10 NET -30 DELIVERY: As Required TOLL FREE PHONE # N/A PHONE: 305- 883 -7319 FAX: 305- 805 -4688 E- MAIL: DATODIANE @AOL.COM CONTACT PERSON: Diane Williams F.E.I.N.: 591226489 VENDOR: Benson Electric Inca STREET: 10475 SW 186 Street CITY /STATE /ZIP: Miami, Florida 33157 F.O.B. TERMS: Destination PAYMENT TERMS: Net- 30 DELIVERY: As Required TOLL FREE PHONE # N/A PHONE: 305 -235 -6741 FAX: 305- 235 -4690 E -MAIL: Benson66 @bellsouth.net CONTACT PERSON: James Clark F.E.I.N.: 591144828 -01' VENDOR: Callies Electric Inc. STREET: 1089 SE 9t' Court CITY /STATE /ZIP: Hialeah, Florida 33010 F.O.B. TERMS: Destination PAYMENT TERMS :' Net- 15 DELIVERY: As Required TOLL FREE PHONE # N/A PHONE: 305- 888 -0705 FAX: 305- 883 -9379 E -MAIL: quote @callieselectric.com CONTACT PERSON: Gordon Sims F.E.I.N.: 592605868 -01 VENDOR: Edd Helms Group Inc. STREET: ` 17850 NE 5`h Ave CITY /STATE /ZIP: Miami, Florida 33162 F.O.B. TERMS: Destination PAYMENT TERMS: Net- 30 DELIVERY: As Required TOLL FREE PHONE # N/A PHONE: 305- 653 - 2520 FAX: 305- 651 -5527 E -MAIL: jkomarmy @eddhelms.com CONTACT PERSON: Joseph Komarmy DEPARTMENT OF PROCUREMENT MANAGEMENT PURCHASING DIVISION 2 AWARD SEFET.doe Revised 09/19/00 PART #3`c AWARD INFORMATION ❑ BCC 0 PMD AWARD DATE: 2/11/20005 AGENDA ITEM #: 701C (040134) PURCHASING DIV RELEASE DATE: 3/1/2005 OTR YEAR: 1 ADDITIONAL ITEMS ALLOWED: YES SPECIAL CONDITIONS: YES TOTAL CONTRACT VALUE: $2,860,000.00 USER DEPARTMENT(S) DOLLAR ALLOCATED Aviation $ 240,000.00 Fire $ 80,000.00 GSA $ 240,000.00 MDTA $ 100,000.00 MDWASD $ 2,200,000.00 DEPARTMENT OF PROCUREMENT MANAGEMENT PURCHASING DIVISION 4 AWARD SHEET.doc Revised 09/19/00 IT Hardware / State Term Contracts / State Contracts, Agreements and Price Lists / Purch... Page 1 of 2 Rate this Contract View Survey Results .Contract Name: IT Hardware Contract Number: 250 - 000 -03 -1 Effective Dates: 08/01/2002 through 07/31/2006 When issuing a purchase order use commodity class: 250 and commodity group: . RFQ RFQ Information and Form Instructions Price Sheets Personal Computers .Servers Connectivity Devices Uninterruptible Power Supplies and Surge Suppressors Storage Devices Printers Videoconfe'rencing Systems and Video Bridging Equipment Firewalls Contractors Amendments Complete Contract Microsoft Word 250- 000= 03- al.doc (746.00 kB) PDF 250 - 000- 03- al.pdf (199.08 kB) MyFloridaMarketPlace Users For further information please contact a contract administrator: http: / /dms.myflorida.com/dms /layout/ set /print /content/view /full /4111 ` 4/7/2006 IT Hardware / State Term Contracts / State Contracts, Agreements and Price Lists / Purch... Page 2 of 2 Contract Administrator(s): Jeff Rackley Telephone: 850-487-4196 Email: Jeff.Rackley @d ms.myflorida.com Suncom:277- 4196 Department of Management Services Copyright ©2004 State of Florida http: / /dms.myflorida.com/dms /layout/set /print /content /view /full /4111 4/7/2006 Contractors / IT Hardware / State Term Contracts / State Contracts, Agreements and Price... Page l of l Rate this Contract View Survey Results Contractors 3Com Ace Computers Acer America ADIC Adtran, Inc. Aethra, Inc. Alcatel American Power Conversion Apple' Computer Avaya CDW -G (Toshiba) Cisco Conditioned Air and Power Inc (Liebert) Dell EMC Enterasys Epson Executive Source Extreme Networks Foundry Next » 1 2 3 4 Department of Management Services Copyright © 2004 State of Florida http: / /dms.myflorida.com/dms/ layout/ set /print/content/view /fu1U10976 4/7/2006 :.. , ,� , .e, .,.. n... ... 'Y fir. , <• , ,�....., , �'�`-?��— rs��a- ENTERPRISES, M IAll I DE V S -1 a g 1600, 0 � ��.W. 4119" T A E �� vu 1 F L Phome: 305-6,23-6701)) ` fa@ u%� 5=6230`21 3 To.. DOUG BAKIER C a "05-669-12666 From, OVANA a QUOTEENCLOSED em 0 FAX# -'-,05-623-6935 714A K YOU IN Vr';,NCE FOR YOUR BUSINESS. IF I COULD FURTHER ASSISI' YOU, PLEASE CALL 1++ AT 305,303-5926. THANK YOU. TELtT-° 10:52 ATM M ED T Pa, e f i, Se Ei, o S ��.3�, ;, , r.;-r. h`�.`�. -s,. i:"�. �,�m���l�fi 4a., �' J�� "rs;:,.�i;'^a•;�,-r�;.�'"`�':. ;;;€';'; �'�?T;�'�*vr:. ,Y;��":`s- �,,+�c;a;��3�*�':.°�Tr : P—� �; r� CITSOU 1oa9352- 0000 -01 1009352 - 0000 -01 305 - 668 -7204 CITY OF SOUTH viL�vtF CITE' OF SOUTH MIATTrI 6130 STMT SET DRIVE C:EiITI RAL SERVICES SOUTH MIAMI ' PL 33143 6130 SUNSET ''DRIVE SGIUTH MT'AjjI FL 33142 DOUG EA KER 10/10 DOUG R" KKR 10/10 YieCUC. TA .TIO!i* * * * **QUeJ`f`ATIOlq- *- *- - QUOTATION* * *** *OUOT'ATIOT -q * *• * * *o TATIC1? -- 1009352- 0000 -01 140 10/101/05 1r'5 DOG BAKER 10 /lo P 1 PLEASE PLACE -OUR ORDER EARLY TO ENSUE IqE tiT ; DAY DELIVERY 1 p- 48`3 CS 19.30 19.30 TOTIML, MITLTIFOLD SMMI BLEA.0 20/200 (4,000) 4 CG14 02 Cs 14.95 14,95 ALL PURPOSE CLl-TR-, ELITE R'Ft3 , 4/1 GL ITNITS : 1 CS 4 C-GIS•02 CS 16.00 16.00 PINE, ' CLE,PI ER, ELITE 4/1 GALLOI\T WITS: l 'CS l TP9000 CS 8.95 8.95 *BLEACH 6 /1GAL AUSTIN "A-11, BLEACH MTITS• 1 CS l LI5055II CS 25.30 25.30 CAT LINER, HIGH DEN I. ROLL 3SX60 131AIC 10/20 CS UNITS': 1 CS PA0162 Cs 25.90 25.90 TOILET TISSUE, 2 PLY 9" JRT 1 :' /I 1u00 ° PER ITNI T S : 1 CS CON'' 11°NTMEE'D 0 rage s or g 42o744 CITSGU 1009352 - 0000 -01 1009352 -0000 -01 305- 668 -' X204 CITE` OF SOE.TIET. Yd IA_ qI CITY OF SOUTH MTAjgI 6130 SUNSET DRIVE. CENTRAL SERVICES SOu1Ti- MIAlxrlI .EL 33143 6130 ST.3T3SET DRIVE' SOU R MIn1'trI F 1, 33143 DOUG BBALKER DOUG BAKER 10/10 *QUOTATION* WGUOTATIOlP ''QUOT4TICN* r: � � *QUOTF?T ION* " = � 1009352 - 0000 -01 140 10/1(7/05, ry55 DOUG RAK :ER 10%2 i 2 4 BE3151 CS 32.95 32.95 DISENEECT /"DEOD /EET, AF315 ALL PURPOSE CLNP 4/1 UNITS: 1 C5 143.3 0.00 0.00 0.00 TOTA4 L iCL i uL FPOM :RLL CLEAN PAPER JANITOR FAQ NO. :3052531414 Oct. 10 2005 10 :41qM P2 Uf of Soath Miami: VAET 301HOUSE TAX EXEMPT ITERA OTY COST 4795 SW 75 Ave Miami. Ff 33155 ` 24 x 32;b vn can Dingy case 16.6 24 x 32 clear hkjh den can HnOr cW11B, 29,94 Rudy, fiJina, cinch 40 r 46 broom can Diner - I B.T5 ph: 305 3 -ass® 40 x 46 clear high den can Diner case 23.95 fx: 306-WS-71208 35 x 55 2miD black Direr C289 32.1 38' -y, 60 rJr ?sigh den = Di 24.2 Scott mul5fold tapo D case 28.0 Scott C-md towel case 28.42 tt tobw tissue Owl 51.15 Comet kitchen mil leis 3011 �aPSO 35.00 charmin taigat fissus case 52.00 RRifold 1614hif Da-M-4 case 21.81 a -Nd whft tw Ds case 21.E 16` oz rywn,mop head each 4.20 24 = raym mop head each 6.04 12A eip nn9k%n mop hwd mnh 5.36 5 x IS dustmop rADD each 8.41 5 x 24 dustmap a DD each 5.21 5 x 36 du mop mfill sabh 11.E 5 x 48 dustmop Will each 15.3 paftmg dusDaer (small) each 5.92 polymol duster (Wrge) each 10. 36" push broom w/ha sdle sauh 5.15 � large plastic angle b m emch 5.15 lobby dustpan b 15.6 bucket & Winger coin each, 50.00 yelkw quick Change MOP DE dl@ each 8. yellow jffw t1fin mop hi ondle each 9.40 orange fiber glass mop handDa each 15.35 fWat bM brush e=h 1.1 rubbermald bowl broth M h, 2.85 apmy bottle each 1.20 yellow spMY bode oompLU each 2.25 red spray WOO complata each 2.1 aumka viaccuum b®Dtf each 0.80 rags (25 pounds) case 52.50 @fix disposable glo% (powdered) b= 6.00 yellow gloves pair 2.20, 12`° uqgw extension pie each 36.E I uses verve (UnQoev) each 25.2 iso image ergo k machine (COMP) each 3429.92 2W image ergo ix Asa nnO (camp) each 3732.32 rim cagey each 1.75 rnedium duty wh VS 21.00 9,o high impact plarm M59, 40.00 hp508 cups wfhend case 54.0 bp5l2g 12oz hotfoold cups case, 58.00 120Z foam cup case 25.75 FROM ALL CLEAN PAPER 3ANIiOR FAXX NO. _:305 2031414 Oct. 10 2005 10 :42AM P3 hospeca banC 4�. Flom, air fr esh-ne ' l8m0n gap, 4. VQ 13.00 fmah pins d v ee gal 9.60 Spffiltmn cheSS Wind -me gal gal a0yeak G wj a � gal .� 5. $a WGndem widow d nev � �_ pink lotion sogp (pN r.) all gad 2- gat, 10.00 dish an gal 7.12 aria olftan degreamr gal S. b_62 dogrremser gal- S.� bleach I case 8.40 clorox bleach �99'' 3 picture perbatimar wax pail 75.E barebones sfflppar gal ; 14.E tg-17 (tile & groat clagner) gad 9.12 2 hr (caw stain mmer) gal 11. Isquidab drain openw, qb S.aa gaiety fumbre Polish can C78 Misty an" & roach killer :aP y can ' 6.00 misty creamed repellent SvW = n-, 0.00 170f Raw pads Cam-9 23.00 hff25%, Pan g=2962 s«bn pp W Wd3" turASS318 lavander gal drag op handie each 8.71 15:33 3052737292 PAGE 03104 .. i .� 1 v ^1.Y •• j I ' I � x it tl IR 'rp' ,u I (ghu'6( 11 } I + ' i ''raj{. 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A7�j. 9 I 1(I'I! r. t�'li(�IIF 'I -�li I u F pg '! , d 1. {' ! nl {Fhbl+yn,Pit . 4l I•ryllu � +s ;Al ;��„ •! . ,, t+ y .li , 7m.n . 1]�i : 60078 T*W{i.S- MtR.T.1-PO1.0 PAPER CF OF 4000 PKi2 PA 41.00 t- FptnP6 TryWF,,$ ?ROe a KT,TCMF,N @A30 CS 1.0@ 54.00 60064 TOWELS.SNGL FOLD PAPE4 14755 054000 PK12 EA 54.00 66051 TOWLSAVER TOWEL 840 KRAFT ]R PR12 CA 9Pi. An F.7. 68042 TDWLSAVER T17WEL -943 KRAFT SR PK /,7 CA 6x7.00 F3, 68048 TOWLSAVFA TOWEL: 333•ALF.ACw176 $4 POP AA 83. @O E2 V e..- w'T^-.0 � ":^"t^�°s. 5�.._, , .1, -?F � ' v^,".: Tr'+"_F'a�i'.�i`�`�i°"eFu.v°.. •' �.@... �, f 'r�['mF'-;,�'�':mF+,7:�TS"''; `,'?G4•'k .s_� ...� + T"' �.` F" �r�`.° �m} a,?'.§ h�1. ��' �fi& F..+ wq� ''`��.Tlk�,°Ty..;!Y'S"1$°`�'. `''A'm, .:^''�Tz x�,-. `S�•�•4a.. �IF'r }:'.'4,"T t`t�.Y -:v �....: Apr• 7, 2006 1: 31 PM No. 0119 F. 2/2 251 ° S. Dixie. 419hway Coral Gables, F. 33133 Tel 305.5:,x1. 1711 Toil Free 888.6.;6.3673 Fox 395.5 "9`.1501 www.aorulgable lord.not April 6,'2006 South.. Mimi police Department Fleet Division South Miami, Fl Uaar Sirs: RE; Dealer 1'. mU and Repair S vry cos We will be offering a. special fla ,t incentive rats to your company. The following is the'° pricing agreement we are propm ing: Labor Raw for City of Sc uth Miami $64.00 per straight or flat rate home Farts Gast plus 9 Percent Payment tens 30 Days r ;et 'Warranty at no charges All pits and labor shall 1 ie warranted for a period of 12 months or 12,000 miles unless other wise indicated.' Thank You for your Business. F'emando Caibeza Service Manager Coral Gables Ford i I O_ 90 /00 39yd I VIN Hinos d3 AiID BOZLO99SOCE ET :90 90�Z /L3 /b0 r 1flzi ORMIJtI Xr 615: Wew FlaUlpi $rrt .kj Ohm,. {M51 466.3000 -66•4000 AX (.1 51 26?' -0 33 677 o 8ev South Miami Police Deparbnent T loot Division South Miami Fl 03/21/2006 Dear Sirs, We have an agreement with The City Of Mimi for service and rep4irs on thAir Ford vehicles. The fallowing is the pricing agree: rent. Flat Labor Rate as per Motors -Ch lton timer'( 565.00 per flat rate hour. Cost plus 15% on parn parcluvics. Warranty at no charge All parts and labor shall be wawa ted'for a period of 12 months or 12,000 rniles unless other wise indicated. We will oMer the same 'to The Citz, of South Miami. Taus agreement shall be valid ilnti notice is given. 30 days in advance. arbalnsa Service Director Midway Ford 90/90 39bd IWVIW Hinos .90 AIID 80ZL899GOEE EL =90 90@ZIG)/170 MAR -16 =2006 08:54 From :DRANO PRIZE Ta :93056687208 P.11 well) LINCOLN MERCURY Gru%ND PRIZE _ LINCOLN MERCURY, LLC 4 11856 5W 152-d,97 • KENDALL, FL 33177 * (305j 445 -7711 TO: CITY Of SOUTH MIAM. FROW GRAND PRIZE LINCOLN MERCURY REP: D.EALEF, FARTS AND) tEP,AIR SERVICES PLEASE NOTE THE FOLL01VTNG CHANGES; • Labor rate to city $69.0) peg' straight or flat rate 'hour, farts at list 1css 10 pero sit + PaymeAt terms 30 day z of ALL ELSE REMAINS T E, S. WE THANK YOU FOR BUS INN SS JAMES FINH•ERG SERVICE MANAGER i 3w 44V Iz oar www,gfendprizeauto.cam 60'x' 7%11 90/90 39Vd IWVIW Hinos -�O AiI3 OOZL899SO66 6T :90 900Z1..0 /tl0 Feb 22 70 06:00a p.2 PROPOSAL Dadeland Air Conditioning P.O. Box 430910, Miami, FL 33243 PHONE 305 - 665 -2275 FAX 305 ii65 -tt677 PROPOSAL SUBMITTED TO DATE: MARCH 30, 2006 City of South Miami -- Public Works Dept JOB LOCATION: 6125 SW 68 ST 4795 SW 75 Ave. Miami, F133155 ATTENTION: Mr. Rudy De La Torre FAX 305 -668 -7208 PHONE; Office 305 - 663 -6350 EXACT REPLACEMENT TRANE CONDENSING UNIT 10 TON R22 TTA120A30OF INSTALLED TO EXISTING LINES AND EXISTING ELECTRIC AND USING EXISTING STAND. SUB TOTAL $3900.00 EXACT REPLACEMENT 3 TON BARD PACKAGE UNIT MODEL # P- 1 136A1 INSTALLED TO EXISTING DUCTS, AND DRAIN AND USING EXISTING STAND. SUB - TOTAL. $2900.00 PRICES INCLUDE ONE CRANE SERVICE FOR BOTH PIECES INSTALLED. TOTAL: $6800.00 PLANS. PERMITS AND CODE COMPLIANCE EXTRA AT TIME AND MATERIAL. VVE PROPOSE hereby to furnish material and labor complete in accordance with above specifications, for the sum of SIX THOUSAND EIGHT- HUNDRED AND NO DOLLARS ($6800.00) ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED. ALL WORK TO 13E COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES. ANY ALTERATION OR DEVIATION FROM ABOVE SPECIFICATIONS INVOLVING, EXTRA COSTS WILL BE EXECUTED ONLY UPON WRITTEN ORDERS, A14D WORK BECOME AN EXTRA CHAFE OVER AND ABOVE THE Es nmATE. ALL AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS, OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY FIRE, TORNADO AND OTHER NECESSARY INSURANCE. 50°/ DEPOSIT AT EXECUTION OF PROPOSAL. REMAINDER UPON COMPLETION OF JOB. NOTE: This proposal may be withdrawn by us if not accepted within ten days. Authorized Signature Date ACCEPTANCE OF PROPOPSAL -- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized To do the work as specified. Payment will be made as outlined above. DATE OF SIGNATURE Signature Signature AIR CONDITIONING, Saba Service Installation Residential Comyner gal #CAC042629 12206 S.W. 131 Avenue, Miaimi, FL, 33186 - Teiephonc, -: (305) 255 -1704 - Fax: (305) 256 -8535 Proposal Date Due Date P.O.# 1171 -101 3/17/2006 4/16/2006 Job Name: CITY OF SOUTH MIAMI 4795 S.W 75TH AVENUE 6125 SW 68 STREET ATT:RUDY DE LA TORE MIAMI, FL MIAMI, FL 33155 305 663 - 6350 305 = 668 -:7208 We Hereby Submit Specifications And Estimates For: ESTIMATE TO REMOVE EXISTING 10 TON CONDENSER AND REPLACE WITH NEW 10 TON AMERICAN STANDARD TRANE CONDENSER HOOK UP TO EXISTING PIPING AND ELECTRICAL.LABOR AND MATERIAL TOTAL PRICE $ 3,900.00 ESTIMATE TO CHANGE OUT 3.0 TON BARD PACKAGE UNIT AND HOOK UP TO EXISTING ELECTRICAL AND DUCTWORK.LABOR AND MATERIAL TOTAL PRICE $.2,950.00 ALL ABOVE QUOTE INCLUDE CRANE AND PERMIT. Payment to be made as follows: 100% DUE UPON COMPLETION I All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon delays beyond our control. Purchaser agrees to pay all costs of collection, including attorney's fees. This proposal may be withdrawn by us if not ac pted by the above due date . Authorized e Signature 4 14 °.r. Date S.i ature FROM :OMARANDSONSERVICE -INC. FAX NO. :305 688 4924 Mar. 14`2086 07 33AN P6 Project , Summary Client: City of South Miami. Company: Omar & Son Services, Inc. Contact: Mr. Rudy Contractor: Omar Gomez Job Name: South Miami.( Day Care) Phone: 305-6884949; 305- 219 -6495 .Job location: 6130 Sunset Dr. Fax: 305 -6$5, -4924 South Miami, Florida 33143 We propose to • Furnish all the labor and. material rewired to complete the job specifications as agreed on this contract. • Install-new Central A/C units to Code. Approved standards. • Make: Bard- 3.0- Ton (Package A/C unit) (208/230 -1- Phase) + Secure above A/C to existing goof- stand. • lzepair existing fiberglass ductwork on roof (as needed) • Install new outside air intake (25 %) • Install heater strips (220- volts) • Crane services included. OTHER INCLUSIONS- ELECTRICAL-WORK • Uninstall existing electrical (220 -24 volts) to A/C unit on roof. • Reinstall existing electrical work to A/C unit-on roof after being raised to new curb- adaptor. Exclusions/Comments: Mechanical permits included. Full warranty on Compressor for 5- years, 1 -Yeah Parts and tabor. Pricing and Payment Schedule on AIC unit: Total cost of materials, labor and permit fees: $2,996.00 Deposit: 0 % upon acceptance of proposal 100% upon final inspection i Signature indicating accepting above proposal: Custom Air-conjWffn Contractor Date FROM :OMARANDSONSERVICE -INC. FAX NO. :305 688 4924 Mar. 14 2006 07:33AM P5 2 Project Summary Client: City of South Miami. Company: (mar &'' Son Services, Inc. Contact: Mr. Rudy Contractor: Omar Gomez Job Name: South Miami, (Day - Care). Phone: 305 -688 -4949; 305- 2I9w6495 Job Location: 6125 SW 68 St;' Fax: 305 -688 -4924 South Miami, Florida 33143 We propose to Furnish all the labor and material required to complete the job specifications as agreed on this contract. + Replaeemenf of (1) 10 Ton Condensing Unit. on roof to Cade Approved standards. Make: American Standard/ Trane - 10-Ton (201 /2.30 - 3- Phase) • Secure above condensing unit to existing roof stand. • Welding of refrigerant lines and complete charge with Freon -22, • Crane services included.. OTHER INCLUSXQI4S: ELECTRICAL-WORK • Uninstall existing electrical (220 -24 volts) to A/C unit on roof. • Reinstall existing electrical work to A/C unit on roof. Exclusions/Comments: Mechanical' permits included. Full warranty on Compressor for 5- years, 1-Year Parts and Labor. Pricing and Payment Schedule on A/C unit: Total cost of materials, labor and permit fees: $5,200.00 Deposit: 0 % upon acceptance of proposal 100% upon final inspection Signature indicating accepting above pronosul: Custanrter -1Sh Air' -cond' , g Contractor Date ww — - 03/10/2006 FRI 12:02 FAX 9528850099 Display Sales IN01 /001 DISPLAY SALES E -Mails sales ed displaysales:com 10925 Nesbitt Avenue S Website: www.displaysales.com Bloomington, MN 55437 Phone: 800.328.6195 Fax: 952.885.0099 Total pages, including cover Date March 10, 2006 Fax /E -mail # 305- 668 -7208 From Cheryl Legan Ext, To Cynthia Corujo Re decorations Phone # Co Name _SOUTH MIAMI CITY OF City /St /Zip South Miami FL 33113 Here is your quote. If you call back today with a purchase order, these items will `leave our warehouse no later than Thursday. 700 sets of 100 light mini lights. Clear bulbs on green wire.....:.......... ................. $3,465 — Balsam wreaths with 150 mini lights ... .................. ................. ................:...$250 (these are wall mounted wreaths) 10 12" red velour bows..... ........ ........... ......... .................. .............................$ 5. Shipping .................. .................. .......... . .$39$ TOTAL...I .............. .................. ......... .................. .........................: $4,168. Please sign below if approved and indicate your Purchase Order number. Then F` X back to us (a) 952 -885- 0099. Thank you! i i c! Authorized signature Purchase Order Number / S00* I 10/11/2003 13:.53, FAX 7144360612 DEKRA LITE 1j002 /002 .DL IU -LIT'E 3102 IN Alton Ave. Santa Ana, CA 92704 PROPOSAL FRP008525 Phone: (714) 436-0705 DATE 10/11/2005 Fax: (734) 43SM2 -7he tight Before c(eristmas ". www.dekra- lite.cot!n BILL TO: SHIP TO: CITY OF SOUTH MIAMI CITY OF SOUTH MIAMI 4795 SW 75TH AVE 4795 SW 75TH AVE MIAMI FL 33155 MIAMI FL 33155 CYNTHIA CONWO PHONE (305) 663 -6350 Ext. 0000 INSTALL DATE FAX (305) 668 -7208 Ext. 6000 REMOVAL DATE PO Number Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Bate Master No. SO'U028 GL BESTWAY 50150 11/19/2005 10,202 Quantity Item Number Description UOM Unit Price . Extended Price . 700 LMP6 10006 XXXSTK POS, Mini light, green wire, clear, 100 bulb 6 sp SftW $4.78' $3,346.00 Special deal Regular price is $7.79 per strand. Save over 52100.00 on this item. 5 DLGWRECLX4XXSTK Classic Wreath 4'w/24" Red Bow Each $255.30. $1,276.50 3 year warantee on�gkland, six years on frame. UV treated structured bow and ornaments for long life. Regular priee'$285.00 /ea 1 SHIPPING - Waiting on Quote. Each $0.00 S0,00 Shipping and handling to be billed seperately. Please sign and fax to 714- 436 -0612. Subtotal $4,622.50 Full price of all items S6878.00 Tax $0.00 Freight $0.00 We propose hereby to famish flop andfor labor�-qompletely In aetamant6 with above specifications, for the sum of Tom $4,622.5 S . 60%, p DEPCSrr DUE UPON ACCEPTANCE OF PROPOS& Amount Due Upon Acceptance of Proposal $2,31 L BALANCE AMOUNT DUE UPON tNSTALtA170N OR DEUVEeY Balance Due Upon Installation or Delivery' S $2,311.25 tienerat Tetms: The parties agree to the funning addiionatterms of this 6ntracl. A deposit of SO% b due upon snutioh of this Contract kith the baharce ON on the inStaltation dale or de[KW date unless speclRea above_ All requested changes to the above - described work will be w4ject to additional charges. CmIlattom and 1edr4on3 are subject to a 30% WhOuldng fee. Aq amount not Paid when dud is sdbieat to a Me ftr9e of 1.5% Per month (11% pat annum). Owner it responsible for providing and maintaining adepua 2 electrical outlets adjacent to 1116 proposed facatiorrs terlftdecorertions and building, lights. 0tkra -Ute Is not i esponsibie for any produces damaged or toss due to vandaligrn. - exureme vreatlter conditions, or acts of Nod and wilt make eflaris to repute such pmduO for an addltionai charge. AN dates.specied are subject to Change due to inclement watber. Dekia -Lite will replace any ttratturhrdonlrrg produce but does not 9porantee that each Indreldual lamp vn7l light during the entire Ituaalted' period. fits GontraCt ts'gamfn Calitornla law and Is the etrfve ntracteetwpen the Ponies, superseding all prior conversations arrd writings between the polies. to the event at a dispute arising,aut of thi$- CantranC lk parties sfmfl a Orange Carroty hereto a singlearbihalor sotectad through JJL141- VENDISPUTE. Any judgment Boon IN award rendered by the arbitrator may bt entered in any coup having judsfton thereof. fine Party in arbitration shall be eneed to its rnonwo artetrrems. to* d h not accepted w Mi daymhis proposal may b6 *0dranm. oeNra•ulc ,. Ameptonae.at P're , dluldual signing this Contrite accapts the above Proposal and codifies 10 00kra -Ute that he or she Is authorize to enter Imo rots Contract on behaff of turner. Property Owner. ' n Authorized Agent:. Temple Display, Ltd. SALES ORDER 10�E. D IL 60543 titre eg , Sales Order # TDLQ5022 TEMPLE Phone 630 -851 -3331 Date 10/11/05 d i s p 1 a y, I t d. Fax 630- 851 -4144 Sales Rep. Tyler Sold To: Ship To: South Miami, City Of South Miami, City Of 6130 Sunset Dr. 6130 Sunset Dr. South Miami, FL 33143 South Miami, FL 33143 P.O.# Ship Via/Date: Best Way /ASAP Terms: NET 30 Shipping: Prepay& Add Qly Part No. Description Unit Price Ext Price 720 Sets Commercial Grade 100 Lite Sets - Mini $4.38 $3,153,60 —_�U.n Lites - Clean 5 P -301 30" Deluxe Wreath w /Lighting & Red Bow $236:00 $1,180.00 SubTotal $4,333.60 Sales Tax $O.00 Shipping • Special Instructions: Total $4,333.60� Authorized Signature Claft must be made within 5 days of receipt of goods. Th is order subject to acceptance from horse office. sales tax w here applicable. interest charges applicable on overdue accounts. Cancellations subject to sellers consent FOB factory. i I i i , i I r x-- �- .r --. .E.- ter, -'-' - '- �,,.,."`.- .�— .- •�„-; 1„ _ �:��T=�,+.m ?'"�, ..,�,�,�, . ; "i"''�., r�.4,.? t,:`�= r:��F' err° „3 .1�'„ ,„ ,:�' ,s, -„ ,:.3 , RESOLUTION NO. 200131 BE rr RESOLVED BY THE VILLAGE COUNCIL > OF PINECREST, 'FLORIDA, AS FOLLOWS: Section 1. That the Village Council hereby authorizes the Village Manager to extend an agreement with Envirowaste Services Group, Inc.. for the jetting and cleaning of catch basins,' french drains and connecting pipes until October 28, 2006 pursuant to the terms and conditions of the initial agreement made and entered into on October 28, 1998 and the pricing submitted by Euviro Waste Group, Inc. in a letter dated ,April 26 2004 (Exhibit A). Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of Qctpber, 2004. ueb er Ma y or Attest: Cnudo H.; In o, Jr., CMC Village Cie Ap roved as to Eoran and Legal Sufficiency: r A. Everett Village Attorney Motion by: Vice Mayor Bow® Second by: Coumeilmember Bimuck Vote: Coutwitmembcks Bitmak. Bluberg, Hinptwu Vice Mayor Bowe, and Mayor Or= voting 'Ym. 89E -9 500/900d 303-il 699GLE9908 91SPM 01rnug- W0ii3 9Z :EZ 90 0Z = €0 b AGREEMENT FOR PROFESSIONAL SERVICES 0 STORM DRAINAGE SYSTEM CLEANING SERVICES PINECRH%% 'T THIS AGREEMENT, made and entered into on the 1 st day of November, 2004 by and between the Viilage'of Pinecrest, Dade County, Florida, party of the first part (hereinafter called "Village "), and Envirowaste Services Group, Inc., Miami, Miami -Dade County, Florida, party of the second part (hereinafter called "Contractor"); RECITALS: The VILLAGE wants to engage the- CONTRACTOR to perform certain professional services as specifically` described in accordance with the - project specifications attached as Exhibit A., Exhibit B and with paragraph 1, scope of services in this Agreement ( "Specified Services"). The CONTRACTOR' wants to provide such Specified Services in connection with the maintenance of Pinecrest's storm drainage system. ` In consideration of the mutual covenants set forth in this Agreement the parties agree as follows: 1. SCOPE OF SERVICES A. The CONTRACTOR: agrees, as directed by the Village Manager or his designee, to perform the following services: Fumish all material, labor and equipment in performing all operations necessary in connection with the cleaning of the storm drainage systems for ' the Village of Pineerest in complete and strict accordance with the attached specifications. The scope of these professional services is based on the prelimiriairy documents attached as Exhibit A and Exhibit B 2. FEES FOR SERVICES Upon satisfactory completion of the specified work as determined by the sole discretion of the Village Manager, the CONTRACTOR agrees to charge the VILLAGE in accordance to the bid submitted: 89E -3 SWUM ZOZ -Z GS96LE990E: aIsPM 0.a1nug -W0H9 SZ :EZ 90, -OZ -E0 Cleaning of Catch Basin $ 63.00 each Cleaning of French Drains $ 79.00 each Cleaning of Connecting Pipes $ 2.00 per linear foot Cleaning of Outfalls $150.00 each Cleaning of Manholes $105.00 each Such amounts include all equipment, labor, materials and disposal costs. Invoicing . and pa ent: The CONTRACTOR will issue an invoice once a month of the work, which has been completed, in the "Village Manager's sole discretion. If he /she determines that the work specified in the invoice has been performed according to the job specifications, the VILLAGE shall pay such invoice within 30 days. The VILLAGE shall pay to the CONTRACTOR for the faithful performance of this Agreement, in lawful money of the United States' of America. 3. TERM The term of this Agreement shall commence on the date' of this Agreement and continue for a period of 24 months, therefore terminating on October '31, 2006 , unless terminated pursuant to paragraph 6 or extended pursuant to paragraph 8: 4. ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR. 5. PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or any other consideration, continent upon or resulting from the award or making of this Agreement unless approved by the Manager of the Village of Pinecrest. 6. TERMINATION This Agreement may be terminated by either party upon 60 days written notice with or without cause. If this Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of Paragraph 2 of this contract for all acceptable work' perforated up to the date of termination. M -3 9001Z00d ZOZ -Z 6996LE990E' alsem 01rnud -Wo$3 SZ:EZ 90,-OT-SO 7. NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 8. ENTIRE AGREEMENT This agreement, together with all '' pertinent documentation including, bid specifications and related materials shall constitute the entire agreement which may only be amended or modified upon written agreement between the parties. 9. WARRANTIES OF CONTRACTOR The CONTRACTOR hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal,. State and local laws necessary to perform the Specified Services. Contractor trust also provide proof of insurance to the VILLAGE to be made part of this contract. The CONTRACTOR shall have and furnish Workers' Compensation Insurance and Employers Liability in the limits to comply with the Florida Statutes.: The CONTRACTOR shall also :furnish Public Liability and Contingent Liability ;Insurance for bodily injury in the minimum limits of the policy of One Million Dollars ($1,000,000) each person and One Million Dollars ($1,000,000), each occurrence for bodily; injury liability axed limits of Two Hundred Fifty Thousand Dollars ($250,000) for each occurrence on property damage liability or Three Hundred Thousand Dollars ($300,000) single limit coverage, all to be in a fol satisfactory to the Village and protecting the Village from any loss due to any claim arising from or out of the contract work, and shall have the same approved by the Village prior to the signing of the contract. Proper certificates of such, coverage listing the Village of Pinecrest as an Additional Insured shall bel filed with the Village at the time of contract signing. 10. ATTORNEY'S FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the parties. SK -9 900 /E00d ZOZ -y 6996LE990E 91slam _o.1rnuEJ-W0H3 9Z : EL 90 , -0L -E0 I . NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: VILLAGE: -Peter G. Lombard Village Manager Village of Pinecrest 12645 Pinecrest Parkway Pinecrest, Florida 33156 CONTRACTOR: B. Rafael Barba President Envirowaste Services Group, Inc. 8390 NW 53 Street, Suite #200 Miami, Florida 33166 12. GOVERNING LAW This Agreerdent shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONTRACTOR: VILLAGE: ENVIROWASTE SERVICES CROUP, INC, VILLAGE OF PINECREST B. Rafael Barba, President Peter G. Lombardi, Village Manager 8390 NW 53`d Street, Sui 200 1264 ecr ar ay Miami,` orid 331 6 Pinec orid ' 56 B 1 ' d 13 B. Raf 1 ba er G. Lombardi Presid Village Manager A Attest: Attest: .bf, 41GNido IIn u , Jr. CMC Village Clerk Seal: i j 89£ -3 500 /b00d 303 -1 6596LE950E a`sEm ozrnu -W0 3 sz :ST 9o, -01-E0 r . MTAl0' . -OADE ,COUNTY I >3�iA.x!T>.Cis.•i'7G` .?[T�tCkS�S�'i ; IJ1•i� �1$ — j 3Pa � Ai C"Cn706!004 7 r PRT. T. D.Al.m. -03/� • /2Ob6 - - - - - - PAGE 01 ��s i> ?R1i3' (7P'' iFiIG NAt, 43 0.: -----------------------------— �; V15DOt Iii. * *k�Ytektic * *' P1ZII�35 VENDOR SET ASITJE' e rer PRims vziTDbR COM1ITTMENTe 4DaS i I -° - - - - °- -�- - - - -- - - - -- - -- - - ��1P T+cJ A 8P9CTFTEI) p T Il31]IVTiSU .T, CiFt tS PLEASE REPMR ALL 'QUEB! X011? 9 CdRC:EXXT NG THIS ORDER. Tds s Rl}MSEY, HERMAN (305) 375 -2:173 CT -- ----- -------- - - -- -- - - -- - - -- �-- ' - -_--- ID k� R d)AT LJT SOOTt NT T]~R?+S GONm P,AC" AMf�UI1T 0500705 151-000,000.00 Bf� NUMBER Cal _2 -5/15 PAA , OQ .iALTFTED VENDORS FbR• WjVTl: 'v QR 8pd V3iI xt ok 1D. SEAL V1R'I�T b -.R KAHN. , 3PXSCOUNT TERMS 04 1390816 01 STAPLES coN; AA, CT a C41VCM;1 -mr4z I:= XIRT30 20 ,446760 01 8MJ INVES'ITRONTS 7N'C RZT15 0.1 E. N : Rq ER . TNG NETS 0 26 1685928 01 CLARA S GRAHAM NEi30 � 34:,987775 01 ASLOg MET30 59.!132151 02 DA1130TO xxc 1%30NET30 i 5Q•.507845 01 J 5e ;' QP'9'TGE SUPPLIES 1144!: NET30 59.;.524876 01 l;LLLOWA'l OFFICE STyPPL iSS IN� 10 TA 30 59:l66374+� 02 APRX0,010. PF'>a'M '.SUPPLIES at F7RNITURE INC NET30 59' °653954 03 dFFI'C•R DEPOT 3:x30 NET30 55.1012464 of MRT±N, ASSOCIATES OP SOV'.rli FLORIDA INC MET30 I s51i131696 01 ARP zkmestnlg� •1NC NRT30 ' 65 .0791.91.' 03. BEST` Wi OL0l�,� .i.W: 0E-FT-C 2 PRbDTJ� 7'S CORE NET30 84 _162746 01 CADPO. 'OESION. 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"riy t).FFZCM SUP'PLI79S ------------------ _r -- - r - - - -_ ~ -_ -- r Ai3TZ i�.1a 1;D P S / CiS I LLLOCA TXON A,1JTYit7Ft7E � D S]EP"G: CAA &LZR -S NAME DOLLAR LVAIT 'PHON , NUMBER, ' C,A iiT�F�'iz TD $15,000,004:00 4 TIM CIS CO9'C$ TRISDC A`S 114 OF INSVP THE 3��RAL E�CON',f.'RACT INCQRPJt.rs tt pmE �i PN,t2Cf; . a `S"iTYS CONTRACT IS ST}'SJECT TO A .IJStR ACCESS P ��tGE�iT��w��� Z'�E�'VENDOPR ACC PoAfyt t: IN 7.11N. AXOtTNT $R�SVTD7i�G' GOODS Af31 -S 'T1t TCACCEPTDAS 'iA5i'MZ1ll,'�THERf�OF TH9 C4',�]TRXCi'TE�t7CE CT SHALL I COIT$'RACT VRZCS AND SHA�r AS VUL-T4 LzSS T Km 2% LSA IRff f32ri �y� J NVOICE. T�IEAC 'CYf7Zi',i:'i'FSHALLEXETAIN TAN 2% gERVIC�gS E'CtTr• 'LY 7t C1 FiErr�E` 'DEFRAY "'f .E = COST OF '. XV �'ftt?CVkZEM1�f�rT LlA ' OR ta"9.9 RY ERR C.'C3t72� gRf]GRAM. VE9�ibCs t 3�AR7�IrIP i�'ZOE IN TXTS INVOICE REDUCTION PaRxION 0>?` --- THE LiAX+ IS _y__ r- _. -- -------------------- - -. -- _-- -� - -�-- �r --------------------—----- -r - --r -- r- -- ---—---- ' �vfafxz s FR Cgv �p� /r0 P"c*& -gE QA T xS�CsA 8?A AGE N5Y THz PUCTAiE3R�ER k3LL B'S ADF j3/�, n rO v SN QFJAXTITIES AND TIMA8�A8L�t?N��.SPEIi OItI�f3�t � (DP�iYEXtY}�r�BASISNOR ON A ' prpknoD. T1wV0 C 3�? S s 14OI.�NT —ELY '3:imoyc.E. SAaSTo'. AT'T�VEZTI of :St1QVOT'E 5R BID. ESTIMATED QTJSA.'fi`ItTIZ0 kN -TIM i Ai�1 /47�t l74LLA.R "� AZtE. T• dR �tECC�1t1?' PLT1tPC?J:E�S 0$�'�.P Y . 23Q Z$ TAT J " tM A,S"�lZAYO3x� '. D DOLLARS N�LIED k$ TO ED EPELPRESs9) O TiE VNOR ACCxS ALLLpISC ASSOCZ'ATED WITH ACTtALLV Sr, SCH x YE (305) 592-3015 CONT. ER.9,ON S NG THIS N7TORIZk"D E'I'Gi�4TUl'�L : �' 1.' y BAST. PAGa I, M 1f''ww` .., , t:. , • f i • r. b�;,r; u. c.n.0 • .. r ^ i �4' ,I,... ...� {: i M BID NO.: 1070- 3/07 -2 Previous Bid No.: 1070- 3/07 -1 TITLE: Automotive and Truck Parts & Accessories, Catalogue Suppliers & Specialized Repairs COMMODITY CODE NO.: 060 -00 OTR YEARS: Three (3) LIVING WAGE APPLIES: ❑ YES 0 NO CONTRACT PERIOD: December 1, 2005 through November 30, 2006 AWARD BASED ON MEASURES: ❑ YES 23 NO ® SR.PROCUREMENT AGENT: Pablo Martinez PHONE: 305 -375 -2102 ❑ SBE Set Aside ❑ Bid Preference: ❑ SBE ❑ Micro SBE ❑ SBE Goal ❑ `CSBE Level ❑ Local Preference ❑ :Prevailing Wages (Reso. 90 -143) ❑ Living Wage PART ##1: VENDOR AWARDED F.E.I.N.: 59- 2028023 VENDOR: PAPCO Auto Parts South, Inc STREET: 80 West Mowry Drive CITY /STATE /ZIP: Romestead; Florida 33030 F.O.B. TERMS: DESTINATION / PAYMENT TERMS: NET 30 DAYS' DELIVERY AS NEEDED PHONE: (305) 248 -9666 FAX: (305) 248 -9089 E -MAIL: skip @papcoautostores.com CONTACT PERSON: Buford Moore DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION AWARD SHUT.doc Revised 09/19100. �1�'/ el S BID NO. 1070-3/07-2 PAGE 2 OF 8 F.E.I.N.: 59- 2462297 VENDOR: Elio's Auto Electric Inc. +% STREET: 3251 NW 281h Street CITY /STATE /ZIP: Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS - DELIVERY: AS NEEDED PHONE: (305) 633 -3004 FAX: (305) 634 -8520 E -MAIL: CONTACT PERSON: Jesus Avila F.E.I.N.: 65- 0118452 VENDOR: Automotive Parts &Machine, Inc.' STREET: 13517 SW 136th Street CITYISTATE /ZIP: Miami, Florida 33186 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 238 -2100 FAX: ` (305) 232 -2570 E -MAIL: apmmiami @aot.com CONTACT PERSON: Terry Perrin F.E.I.N.: 592723490 VENDOR: Rose Spring Corporation STREET: 7340 NW 70TH Street CITYISTATE /ZIP: Miami, Fl 33166 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 885 -5715 FAX: (305) 888 -9715 E -MAIL: ubolts2 @bellsouth.uet CONTACT PERSON: Enrique Vinas JR. DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 2 AWARD SHEETADC Rcvise3 0910/00 i BID NO. 1070-3/07-2 PAGE 3 OF 8 F.E.IN.: 59- 1820682 VENDOR: Tropical International +� STREET: 3510 NW 60th Street CITY /STATE /ZIP: ' Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 633 -7575 FAX: (305) 638 -0849 E-MAIL: fsuarez@tropicalautocom CONTACT PERSON: Jose Garcia F.E.I.N•: 59- 3337687 VENDOR: National Truck Parts of Florida STREET: 3061 NW 75th Avenue CITY /STATE /ZIP: Miami, Florida 33122 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 591 -3200 FAX: (305) 591 -9239 E- MAIL: CONTACT PERSON: Joseph Mucinski F.E.I.N.: 58- 0254510 VENDOR: Genuine Parts Co., DB /A NAPA Auto Parts STREET: 9250 NW 58th Street CITY /STATE /ZIP: - Miami, Florida 33178 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 599 - 2629 FAX: (305) 599 - 4876 E-MAIL: CONTACT PERSON: Michael Conroy F.EJ.N.: 59- 0232360 VENDOR: Electric Sales & Service STREET: 340 NE 75th Street CITY /STATE /ZIP: Miami, Florida 33238 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS ' DELIVERY: AS NEEDED PHONE: , ° (305) 754 -8646 FAX: (305) 754 -6398 E -MAIL: essmiami @aol:corn CONTACT PERSON: Ray Ibberson DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 3. AWARDSHEaraua Revised 09/19/00 F.E.I.N.: 59- 2027867 VENDOR: American Genuine Auto Truck STREET: 2777 NW 54th Street CITYISTATEIZIP: Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 638 -5041 FAX: ` (305) 638-2052 E -MAIL: CONTACT PERSON: Justo L. Diaz F.E.I.N.: 59- 0841470 VENDOR: Arrow Muffler Co., Inc. STREET: 14545 NW 7th Avenue CITY /STATE /ZIP: Miami, Florida 33168 F.O.B'. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS' DELIVERY: AS NEEDED PHONE: (305)688 -0574 FAX: (305)688 -0545 E- MAIL: CONTACT PERSON: George M. DeJaeomo F.E.I.N.: 59- 1897294 l VENDOR: Jack Lyons Truck Parts, Inc. STREET: 8482 NW 96th Street CITY(STATE /ZIP; Medley, Florida 33166 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 884-4222 FAX: (305) 885 -6168 E -MAIL: jacklyons @aol.cora CONTACT PERSON: Patrick Lyons' F.E.I.N.: 59- 1346899 VENDOR: Power Brake & Exchange STREET: 2050 NW 23rd Street CITY /STATE /ZIP: Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS " DELIVERY: AS NEEDED PHONE: (305) 635 -1120 FAX: (305) 635 -1124 E -MAIL: brakes @gate.net CONTACT PERSON: John Kennedy DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION - 4 AWARDSHEET.doc Revised 09119100 BID NO, 1070-3/07-2 PAGE 5 OF 8 F.E.I.N.: 59- 2154688 VENDOR: Rema Tire Supply, 1 , Inc. STREET: 5570 NW 84th Avenue CITY /STATE /ZIP: Miami, Florida 33166 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS, DELIVERY: AS NEEDED PHONE: (305) 512 -0023 FAX: (305) 513 -0054 E -MAIL: CONTACT PERSON: Guillermo Garcia F.E.I.N.: 36- 1150280 VENDOR: W: W. Grainger, Inc: STREET: 2255 NW 89th Place CITY /STATE /ZIP: , Miami, Florida 33172 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 592 -1257 FAX: (305) 592 -5611 E- MAIL: YOLAISY.MARTINEZ@GRAINGER.COM CONTACT PERSON: Joly Martinez> F.E.I.N.: 382262714 VENDOR: Atlantic Truck Sales STREET: 2565 West State Rd 7 CITY /STATE /ZIP: Ft. Lauderdale, Florida 33312 F.O.B. TERMS: - DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY- AS NEEDED PHONE: 954 -587- 8220 FAX: 954797 -9720 E- MAIL - JAYLUCK @ATLANTICT.RUCKS.COM CONTACT PERSON: Jay Luck PART #2: ITEMS AWARDED SEE ATTACHED 3.1 AUTOMOTIVE, PARTS & SUPPLIES ELECTRIC SALES & SERVICE PAPCO AUTO PARTS NAPA,,' JACK LYONS AUTOMOTIVE PARTS & MACHINE TROPICAL INTERNATIONAL DEPARTMENT OF PROCUREMENT MANAGEMENT , BIDS AND CONTRACTS DIVISION 5 AWARDSFIEar.doc Revised 09/19/00 BID NO. 1070-3/07-2 PAGE 6 OF 8 3.2.1 SPECIALIZED AUTOMOTIVE & TRUCK PARTS-SUPPLIES ELECTRIC SALES A SERVICE PAPCO AUTO PARTS SACK LYONS AUTOMOTIVE PARTS & MACHINE POWER BRAKE GRAINGER NATIONAL TRUCK PARTS REMA TIRE SUPPLY AMERICAN GENUINE PARTS ROSE SPRING ARROW MUFFLER ELIO'S AUTO ELECTRIC 3.3 CATALOG SUPPLIES GRAINGER ELIO'S AUTO ELECTRIC 3A SPECIALIZED REPAIRS ELECTRIC SALES & SERVICE JACK LYONS' ATLANTIC TRUCK SALES ARROW MUFFLER ELIO'S AUTO ELECTRIC' POWER BRAKE DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 6 AWARD SHERT.doc Royind 09 119100 sue, evr. r BID NO. 1070-3/07-2 PAGE 7 OF 8 PART #3: AWARD WORMATION ® DPM AWARD DATE: 10 /20/05 BIDS & CONTRACTS RELEASE DATE: 11/04/05 OTR YEAR: 2 ADDITIONAL ITEMS ALLOWED: YES SPECIAL CONDITIONS: ONLY AUTOMOTIVE ACCESSORIES ALLOWED FROM CATALOGUE SUPPLIERS TOTAL CONTRACT VALUE: $6,603,400.00 USER DEPARTMENT(S) DOLLAR ALLOCATED AVIATION $ 237,500.00 ET $ 20,000.00 FIRE DEPARTMENT $ 725,750.00 GSAIFLEET $ 3,718,250.00 M.D.T.A $ 560,000.00 MDPD $ 9,900.00 PARK & RECREATION $ 300,000.00 PUBLIC WORKS $ 38,000.00 SEAPORT $ 9,500.00 SOLID WASTE $ 1,500.00 VIZCAYA MUSEUM $ 500.00 WASD $ 982,500.00 DEPARTMENT OF PROCUREMENT MANAGEMENT' BIDS AND CONTRACTS DIVISION 7 AWARD SHEST.doc Rovised 09119M r a BID NO. 1070-3/07-2 PAGE 8 OF 8 WAREHOUSE DISTIBUTORS UNDER 1 '/Z TON 1) JACK-.LYONS - - ` 2) AUTOMOTIVE PARTS AND MACHINE 3) NAPA AUTO PARTS 4) PAPCO AUTO PARTS SOUTH - 5) ELECTRIC SALES AND SERVICE 6)' TROPICAL INTERNATIONAL WAREHOUSE DISTIBUTORS OVER 1 '/Z TON 1) JACK LYONS 2) AUTOMOTIVE PARTS AND MACHINE 3) NAPA AUTO PARTS 4) PAPCO AUTO PARTS SOUTH 5) ELECTRIC SALES AND SERVICE 6) TROPICAL INTERNATIONAL DEPARTMENT OF PROCUREMENT. MANAGEMENT BIDS AND CONTRACTS DIVISION 8' AWARD .SH88T dw Revised 09119140. N 03/09/2006 19:31 FAX 305 372 6128 DIV:BIDS/CONT & ADM.DIV. 10001 CONTRACT AWARD SHEET MIAMMMDE DEPARTMENT OF PROCUREMENT MANAGEMENT PURCHASING DIVISION -9 1310D NO.: 5380-2/06-2 Previous Bid No.: 5380-2/06-1 TITLE: Mobile Equipment Replacerneirit Parts & Service (3k; LIVING WAGE APPLIES: 7ZI, COMMODITY CODE NO.: 060 OT R YEARS: 2 Z YES ❑ NO BPO, NO.: ABCW0600361 CONTRACT PERIOD: 02/01/2006 through 01/31/2007 AWARD BASED ON MEASURES: El YES JZ NO J@ SRyROCUREMENT AGENT: Pablo Martinez. ❑ PROCUREMENT AGENT: 0 PROCUREMENT TECHNICIAN: PHONE: 305-375-2102 ❑ Set Aside ❑ Bid Preference ❑ Goal r-1 BBE ❑ HBE ❑ WBE Owned Firms ❑ Local Preference ❑ CSBE Level ❑ Prevailing Wages (Reno. 90-143) ❑ Living Wage PART #1: VENDOR AWARDED F.E.I.N.• 59023236 590577678 591346899 VENDOR: Electric Sales & Service Blanchard Machinery Inc. Power Brake Exchange, Inc. STREET: 340 NE 75 Street 14301 NE 19 Ave P.O. Box 420098 CITY/STATE/ZIP: Miami, F133238 North Miami, F133181 Miami, F133142 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # 305-635-1120 PHONE: 305-754-8646 305-949-2581 305-638-8351 FAX 305-754-6399 305-949-0747 E-MAIL: CONTACT PERSON: Ray D. Iberson Scott S. Baxter Michael Kennedy FY-I.N.: 591402487 591692614 - 591792145 VENDOR.- Palm Truck Centers Inc. Hydraulic Sales & Service, Inc Ace Lawn Mower Service STREET: 2441 Squffi State Rd 7 3700 NW South River Drive 6620 SW 8th Street CITY/STATE/ZIP: FL Lauderdale, F1 33317 MiamL F133142 MiamL F133144 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # 800-622-6477 305-261-6912 PHONE: 954-584-3200, 305-6334677 FAX: 954-584-3228 305-638-5284 305-262-5215 E-MALL: CONTACT PERSON: David Wciger Fred Orig John B. Fogg Jr. 03/09/2006 19:32 FAX 305 372 6128 DIV:BIDS /CONT & ADN.DIV. 0002 F.E.I.N.: 591897336 02 592043490 01 592198823 01 VENDOR: Aero Products Corp. Florida Detroit Diesel Rowland Equipment, Inc. STREET: 3705 St Johns Parkway P.O. Box 16595 2900 NW 73 Street CITY /STATE /ZIP: Sanford, F132771 Jacksonville, Fl 32245 Miami, F133147 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # 888 - 253 =8725 PHONE: 407 -330 -5911 904- 7304227 305 -691 -9280 FAX: 866- 854 =.1987 `' 904- 739 -9097 305 - 693 -8267 E -MAIL: CONTACT PERSON: Angel L. Rivera Kirk Cuccia Brenda Cobb F.E.I.N.: 592527359 592812764 593337687 VENDOR: Team Equipment Inc. Ten -8 Fire Equipment National Truck Parts of Florich STREET: 6620 Orchid Lake Rd 2904 59 Ave Drive East 3061 NW 75 Avenue CITY /STATE /ZIP: New Port Richey, F134653 Bradenton, Fl 34203 Miami, F133122 F.O.B. 'TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # 800- 367- 9054 800- 228 -8368 PHONE: 727- 848 -2424 - 941- 756 -7779 305 -591 -3200 FAX:. 727- 845 -5941 941`- 756 -2598 305- 591 -9239 E -MAIL: CONTACT PERSON: J. Mcmann Row Ribbens Joseph Mucinski F.E.I.N.: 593624496 650128207 650736564 VENDOR Municipal Equipment Co., LLC Hydraulic Technician Palmetto Ford Truck Sales 'STREET: 2049 West Central Blvd 3735 NW 78th St Ste B 7245 NW 36 Street CITY /STATE /ZIP: Orlando, F132805 Miami, F133147' Miami, F133166 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # 800-229-8448 800- 432 -3317 PHONE: 407 -843 -3071 305- 836 -4060 305 - 592 -3673 FAX; 877- 775 -2448 305 =836 -1975 305470- 1397 E -MAIL: CONTACT PERSON: Dale West Asrel Sebastian Daniel Yglesias F.E.I.N.: 540715588 591868788 582507812 VENDOR: Old Dominion Brush Co'. Dynamic Power Hydraulic, Inc Nortrax Equipment Co. STREET: 5118 Glen Alden Drive ; 3377 NW 69 Street 4343 NW 76 Avenue CITY /STATE/ZIP: Richmond, Va 23231 Miami, F133147 Miami, F133166 F.O.B. TERMS: Destination Destination- Destination PAYMENT TERMS;' Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # PHONE: 804- 226 -4433 305`- 693 -9797 305 -592 -5740 FAX: 804226 -6914 305- 696 -1559 305 - 5134353 E -MAIL: odb @theodbco.com Dynamic78 @adelphia.net CONTACT PERSON: Terrina Foxworth Glenn Wyatt Pat McGurk DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 2 AWARD SE[ECdoe RavinedD9l19PoD 03/09/2006 19:32 FAX 305 372 6128 DIV:BIDS /CONT & ADR.DIV. 0 003 F.E.I.N.: 010552789 592044408 5=54510 VENDOR: Total Track Parts, Inca Rechtien Int'I Trucks, Inc. Genuine Parts Co.(NAPA) STREET: 7270 NW 43 Street. 7227 NW 74h Avenue. P.O Box 520037 CITY /STATE /ZIP: Miami, Fl 33166 Miami, Fl 33166 Miami, F133178 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # 305- 635 -6521 ` 800 -654 -2383 PHONE: 305 -599 -6272 305- 888 -0111 305- 599 -2629 FAX: 305- 6354258 305885 -9230 305 -599 -4876 E -MAIL: CONTACT PERSON: Jack Wilcosky Mike Valle Santy Lopez F.E.LN.: 590197630 592044408 650603700 VENDOR Kelly Tractor Co, Rechtien Int'1 Trucks, Inc. Clarke Waste Systems, Inc. STREET: 8255 NW Se Street 7227 NW 74h Avenue 2651 NW 48" Street CITY /STATE/ZIP: Miami, F133166 Miami, F133166 Pompano Beach, Fl 33073 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL'FREE PHONE # 800`- 654 - 2383 888 -474 -0014 PHONE: 305 -592 -5360 305- 888 -0111 954 -587 =7380 FAX: " 305463 -6081 305.'- 885 - 9230 954 -587 -3164 E- ALAIL: steve @clarkewaste.com CONTACT PERSON: Ken Chaises Mike Valle Steven Clarke PART #2: ITEMS AWARDED SEE ATTACHED. PART #3: AWARD INFORMATION BCC ❑ DPM AWARD`DATE: 12/18/2001 AGENDA ITEM #: N/A BIDS & CONTRACTS RELEASE DATE: 01/31/2005 OTR YEAR: 2 OF 2 ADDITIONAL ITEMS ALLOWED: SEE SECTION 2, PARAGRAPH 2.30 ; SPECIAL CONDITIONS: INSURANCE TYPE 1(LABOR ONLY) TOTAL CONTRACT VALUE: 59,270,333.33 USER DEPARTMENT(S) DOLLAR ALLOCATED AVIATION DEPT $ 122,000.00 PARK & RECREATION $ 100,000.00 FIRE DEPT. $1,250,000.00 PUBLIC WORKS ' $ 45,000.00 GSA/FLEET DEPT. $5,300,000.00' SEAPORT $ 88,333.00 TRANSIT $ 587,165.00 WATER '& SEWER DEPT. $1,763,500.00 MIAMI -DADS POLICE $ 5,553.00 DEPARTMENT OF PROCUREMENT MANAGEI ENfi BIDS AND CONTRACTS DIVISION 3 "AWARD SITCET.dor Reviled 09/19 /00 CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION BPO NO.: ABCW0400571 BID NO.: 7494- 4/08 -OTR Previous Bid No.: 4591 & 0439 TITLE: Welding Repair For Heavy Equipment, Machine Shop & Metal Fabrication COMMODITY CODE NO 910 -76 OTR YEARS: Four (4) LIVING WAGE APPLIES: El YES N NO CONTRACT PERIOD: May 1, 2004 through April 30, 2005 AWARD BASED ON MEASURES: ❑ YES 0 NO ® SR.PROCUREMENT AGENT: Martha Perez PHONE: 305 - 375 - 3248 Set Aside ❑ Bid Preference Goal ❑ BBE E] HBE ❑ WBE Owned Firms Local Preference ❑ CSBE Level`` Prevailing Wages (Reso. 90 -143) Living Wage PART #1: VENDOR AWARDED F.E.I.N.: 59200665 F.E.I.N.: 591573482 VENDOR: Condo Electric Motor VENDOR: General Welding Services STREET: 3615 E. 10 Ct. STREET: 8115 NW 56 St. CITY /STATE /ZIP Hialeah, FL 33013 CITY /STATE /ZIP: Miami, FL 33166 F.O.B. TERMS: Destination F.O.B. TERMS: Destination PAYMENT TERMS: Net 30 PAYMENT TERMS: Net 30 DELIVERY: As Required DELIVERY: As Required TOLL FREE # 800 -545 -1266 TOLL FREE # PHONE: 305- 691 -5400 PHONE: 305- 592 -9483 FAX: 305- 693 -9460 FAX 305- 591 -8540 E -MAIL: condole @bellsouth.net E- MAIL: CONTACT PERSON: Mary Bieleck CONTACT PERSON: Jose Cid "" DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 1 - -AWARD SHEET.doe Revised 09 /19/00 F.E.LN.: 591692614 F.E.I.N.: 650128207 VENDOR; : 'Hydraulic Sales & Service VENDOR: Hydraulic Technician Inca STREET: P.O. Box 59 -3576 STREET: 3735 NW 78 St. #B CITY /STATE /ZIP: Miami,, FL 33159 CITY /STATE /ZIP: Miami, FL 33147 F.O.B. TERMS: Destination F.O.B. TERMS: Destination PAYMENT TERMS: Net 30 PAYMENT TERMS: Net 30 DELIVERY: As Required DELIVERY: As Required TOLL FREE PHONE # > 800- 622 -6477 TOLL FREE PHONE # PHONE: 305- 633 -4677 PHONE: 305- 836 - 4060 FAX: 305- 622 -6477 FAX: 305- 836 -1975 E -MAIL: forig @hydraulicsales.com E -MAIL: hydraulic836 @msn.com CONTACT' PERSON: Fred Orig CONTACT PERSON: Asriel Sebastian F.EI.N.: 650308542 VENDOR: JC Industrial STREET; 5700 NW 32 Ct. CITY /STATE /ZIP: Miami, FL 33142 F.O.B. TERMS: Destination PAYMENT TERMS: Net 30 DELIVERY: As Required TOLL FREE PHONE # PHONE: 305- 634 -5280 FAX: 305- 634 -5224 E -MAIL: www @jcmachineshop.com CONTACT PERSON: Pedro Amador PART #2 ITEMS AWARDED The awarded bidders have been pre- qualified to participate in specific periodic work assignments that are identified by the County on an as needed basis. When such work assignments are identified, the pre - qualified bidders shall receive notification for a quotation review the written specification regarding the work' to be accomplished, inspect the work or work area and offer an itemized price based on scope of work and materials. The Bidder offering the lowest total price shall be awarded the specific work assignment. The award of a specific work assignment to one (1) Bidder does not preclude the ability of the remaining pre - qualified Bidders, or awarded bidder, from submitting offers for other work assignments. For all jobs that the User Department estimates will cost the County ,under $1 000.00 the user departments has the option to utilize a rotational award process or may obtain quotes for these purchases. All awardees must be notified and asked to submit price proposals for all jobs over $1,000.00. In Emergencies, for purchases of under $1,000.00; either to be delivered by the awarded bidder or picked -up by County personnel; the availability of materials and or geographic location can be a determining point for basis of award, and a quotation may not be required.' DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 2 AWARD SHEET.doe - Revised. 09 /19/00 ,•.F_- �,.�;%- - ^�_ °�- . Group A. (Welding Repairs for Heavv Equipment) The following vendors have met the minimum requirements for Group At • J.C. Industrial Manufacturing • General Welding • Condo Electric • Hydraulic "Sales, Inc. • Hydraulic Technicians Group B. (Machine -Shop and Metal Fabrication Services) The following vendors have met the minimum requirements for Group B: • J.C. Industrial Manufacturing • General Welding • Hydraulic Sales, Inc. • Hydraulic' Technicians PART #3c` AWARD INFORMATION ❑ BCC PMD AWARD DATE: 4/27/2004 AGENDA ITEM #: N /A' BIDS & CONTRACTS RELEASE DATE: 4/26/2004 OTR YEAR: N/A ADDITIONAL ITEMS ALLOWED: N/A SPECIAL CONDITIONS: N/A TOTAL CONTRACT VALUE: $600,000.00 USER DEPARTMENT(S) DOLLAR ALLOCATED USER DEPARTMENT(S) DOLLAR ALLOCATED GSA $ 600,000.00 $ DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 3 AWARD SHEET.doc Revised 09/19/00 Active Contracts Information Page 1 of 1 Active Miami -Dade County Contracts Issued by the Department of Procurement Management Sorted By Contract ID Page 1 of 1 4 Previous Next 1� Contract ID Contract Title Effective Date Expiration Date Contract Amount Buyer Code 7494- 4/08 -1 HEAVY EQUIP WELDING /MACHINE 511/2005 4/30/2006 600,000.001 GONZALEZ, SHOP /PREQUAL. . ..,:._...._ ..:... ,LAURA Note: The information contained on these pages is updated nightly. It is intended for informational purposes only and is presumed accurate, although not warranted. ov hh U http:// www. miamidade. gov/ dpm/contracts /contracts_all.asp 4/6/2006 ENERAL WELDING SERVICE, INC. FAX N0. :3055918540 Dec. 11; r77 A A � �1•f/1M.. MIANX -PaaX COUNTY BLAWAT PURaME ORDER --------------------------------------------------------- 1.-------------------- RP6 IDt ABCW0400031< PRINT DATR -. 10/14/2003 PAGES 01 -. - - I- ---- .- -' -- - .. - -- -- --- -- Y.►--- ------ ----- -- --- .---- .- • - - - - -. - -- - - ------------:-.---------- VENDOR Ip; PRINZ VENDOR SET ASXDE MULTX- VXNAOR SP0 SURVENDON 00" : 00% - PRINZ VENDOR CO ZTltENT: 00% .r. YrYr W - -rw •- 1.-H--► R- P. 1--------------- --- ------ ---- ------------ - - -- -- W -- - - - - -- SEXY TO: AS SPECIFIED ON lHVXVIDUAL► ORDERS PLEASE REFER ALL QOSSTZONB CONCERNING THIS ORDER TOs kREZ.' MARTHA - -- -------------------------- ------------ -------------------- -- XTH XD EXPR NAT8 VXSCOQ.Nf,,TRiRMS CONTRACT AMOUNT AVC90200765 09/3'/1008 18,000,000.00 ..:.,. -r►a. --- .------ '------------ - - -. -- --------------------- r-------------- - ..--- --.-rw r.�. DID NUM ZR T: 72470/07 PRD- QUALIFIED VENDORS FOR MQL X= VEIiAOlt PJPO ; VENDOR IA RFX VMDOR Nom;' ' i DISCOUNT TERMS 591573492 01 GENHRAL `iiRVZCi:ZNC HXT30 591699614 01 HY'bRAVLIC•SALE# A EERYXCE X11C , 9=30 650128207'> 01 H=RJLULIC %TXCEYCXAN INC NET30 650308543 0l JC ZNDQST zu. NMWACTURXXQ CORP XXT30 rw *��ww *� * *wwftw+tr, * #�r* wrist* w* �wwrr�, �* r�' rr* twt�ww+ t+ r, �w, r�rr► r* w+k�rrrwww,wwrw+�waw�w,rww+r *�r ITEM` COMMODITY ZD �' :�! /�[ .' >r /UNIT COST ww+ k*+ kw#*+ ft+►+ �w�ww' w�rrrww, �rw* Kwrr�► rrirwr' rv�tr�f, �fiirr* wrr, �rww�rwwrr�r,rww�rsr * * *,t * * * * ** 001 939.48 18,000,000.0000 L,O' IMJMXN39 SHOP AMD FASRZCATXNG SERVXCSS, INDUSTRIAL - - - - - -- - - - - - --- - - END OF ITEM LIST ----------------------------- AUUOIZZ= P'RPTONOIR33 AUTHORIZED DEPT: AVwwwrxw ALLOCATIONs oCAL&SR ID CALLERS NAMB DOLLAR LIMIT PROMS NMMXR wsww #►�► $1,167,680.00 �"--r ,,— �.. ..,- .'�' g. �s. 'nwm,,'� ;z„c�^,'°", °rR��"4�*`r .ice'— • °; �.'�':. .a*�r,:, "'�'.— �� "',- €e FROM :GENERAL WELDING SERVICE, INC. FAX NO. :3055918540 Dec. 11 2003 1'1:39AM P2 fi►._ KIM -Dl1DE COUNTY * gLj11r XT "PVRCRA9E ORDER' ---- _.ate —.—p. --- --------- ...d--- HPO ZUS ABCN0400031 --------------------------------------------------------------- - - - -W - - - .---- -- -..- - - - - -- ----------- ---------------- :----- PRIM DATE: 3.0/14/2003 - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - PAGE: 02 - - - - - - - - - - - - - A0TRORIZED DEPTS /DBSRS ApTHOLtTZED DEPT : gL* * +,w r • ALLd�A►TI4R s CALLER ID CALLERS RAMS DOLLAR L=IT PRONE RDNHER w *trwwww $400.000.00 ( ) AUTSCIRIZED DEPTS / USERS AUTHORIZED DEPT: CR * * * *** ALLOCATION: CALLER ID CALLERS NAB DOW AR LIMIT PRONE NUMBER $240,000 «00 kMHORIZED DEPTS /QSSAE AUTHORIZED DEPT: FR* * * *w ALLOCATION: , CALLER ID , CAIaTrFrRB NAME DOLLAR L=Z'T PRONE NUMBER $218,335400 A AUTW ZED DEPT& /ti8 =RS, AUTHORIZED DEBT s ALLOCATION s CALLER ID CALLERS MANX. DOU" LIMIT PRONE NUMBED ;500,000.00 • ( ) D;ORIZf ':D8PT8 %IISERS AUTHOSIZED DEPT: ;' ww * *r ALLOCATION: ZD CALLERS RAKE, DOO,LAR LIMIT PRONE NUMBER 02S,000 .00 A11 ORIZBA DEPTSIUMS a'VTRO%tTZBD DEPT: PR*** -*.* ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PSOX NUMBER w *www *rrw 0600, °000.00 AUTHORIZED'DEPTS /USERS AUTHORIZED DEPT: PW** *t ; ALLOCATION., CALLER ID CALLERS NAM DOLLAR LIMIT PRONE Ni RR *► *,�.twwr. $307.290.00 T � 07— 'M1 '{ FROM :GENERAL WELDING SERVICE, INC. FAX NO. :3055918540. Dec. 11 2003 11:39RM P3 . "w. MIAMI -pAvX COVNT3C r NLA=T PURCHASE ORDER sw ----------- -- -- - -- - - - - --- - - -- -- ww---..--------- HPO ID: ABCW0400031 pRIRT DATE: 10/14/2003 PAGE: 03 -------------------------------------------------------------- -- AUTHORIZED DBPTS /USXR3 AUTHORIM DEPT: ALLOCATION: CALLER 11) CALLERS RAM DOLLAR LIMIT PROVE NUMBER *ww *sue $1,825,885.00 i )' AUTHORIZED DEPMUSERS AUTHORIZED DEPT: ALLOCATION: CALLER 11) CALLERS NAME DOLLAR LIMIT PHONE NUMBER $625,000.00 i . ...) AUTHORIZED'DZPT8 /VSZRS AUTHORIZED DEBT: Wgwrw *w+r ALLOCATION: CALLER ID CALLERS NA10 DOLLAR LUXT PHONE NUMBER w,t,rwrrrr ** .- - `•��..��$10.885�4Q$.00 ( � TERNSt COSTS tap MANDATORY RANDOM AUDIT, .5Yt THS - INSPECTOR GENERAL ARE INCORPORATED INTO THIS CONTRACT AS 1/4 or 3.% ' Olt THE CONTRACT PRICE. THIS 'IS A BLAWRT PURCHASE ORDER COVERING PERIOD FROM 10/1/03 TO 9/30/08. D8ILIVERIHS AGAINST THIS PURCHASE ORDER Shall.% B2 MADE IN QUANTITIES AND TIMES AS REQUltST> D $Y THE DEPARTMENT DriRINGi SAID PERIOD. INVOICING SHALL I SM ON A PER ORDER (D3LTVSRY) OASIS OR ON A MONTHLY INVOICE BASIS. Ait+• ITEKS Xff ACCORDANCE . WITH BID PROVISIONS AND SPECIFICATIONS ANA TES VENDOR, $ QUOTE OR 'SID. ESTIMATED ,QUAN',GIT IS AND /OR DOLLARS ARE FOR RECORD PURPOSES OX&Y. ;151 GUARANTEE 18 EXPRESSED OR IMPLIED AS TO',QUANTITIES AND /OR DOLLARS THAT WILL ACTUALLY, BE PURCHASED. THE V,=Olk ACCEPTS ALL RISKS ASSOCIATED NITS USING THIS INFORMATION. AUTHORIZED SIGNATURE. � _�r � Dm s �,wwrrw *wt LAST PAGE w,e* 04/0?/2006 FRI 24:27 FAX IZ002/007 OB T / i. « 0 (3T88.178 0 • PAR 05 } {80� 685.28 251 13170 N.W. 43RD AVENUE + OPJ - LOGKA, FLORIDA 33054 Ms. Kathy Vazquez, April 7, 2006 Purchasing Department City of South Miami 6130 Sunset Drive South Miami, F133143 Dear Ms. Vazquez: The purpose, of this letter is to keep you current with the profile of our organization in the marketplace and the service our organization can provid e the City of South Miami. Global Caribe,'Inc. is a Florida Corporation in business since 1975 and doing business as Global Industrial Products and Global Fluid Connectors, We have been 'a certified State of Florida Minority Business Enterprise since '1955 as ides tified in the attached State of Florida certificate for the current year. Our Global Industrial Products division provides a full 1 ine of fasteners, cutting tools, aerosols, wire terminals, and other items for the maintenance of equipment in all areas of industry. Our Global Fluid Connectors division is a full dine Parker H, u nifin Corp. distributor for South Florida. As a Parker Hannifin full line distributor, we do business s with several tax supported agencies, such as the cities of North Miami, Opa- Locka, Pompano Beach and Coral Gables among others. We also supply Florida Power & Light in South Florida slid Progress Energy in Central and North Florida with their hydraulic hoses and fitting for the maintenance of their fleets. I have enclosed copies of some of the purchase orders in our files from these customers. We operate out of a 13,600 square foot warehouse in tho northwest area of Miami as well as four ParkerStore franchises in Miami -Dade and Browarn i counties to provide our customers with the most efficient service anywhere. Our stores hai -e exclusive territory privilege from Parker for an area from Ft. Lauderdale to Key rest. I hope this information will assist you in procuring a bli nket purchase order for the City of South Miami's needs for hydraulic and pneumatic fluid connectors, and we stand ready to provide you with the unmatched service performance yc u have come to expect from Global. Please do not hesitate to contact our office in you need a ny additional information. Sincerely, h o ernandez, President 04/0F12006 FRI 14:29 FAX 1@0031007 page 1 of 2 Change to Purchase Order J ,ddrass FO NJ. or 4$00309883 Date 4311 7 {2006 Attention Sal Hernandez Jr. GLOBAL OARIBE INC Phow 1 306 769 1788 GLOBAL FLUID CONNECTORS Fax 3056882261 13170 NW 43 - .AVENUE Incot irme Dest. Frt Prepaid & Allowed OPA LOCKA FL 33054 j Shia To: FPL PDC CENTRAL WAREHOUSE -STR PDC -007 1 00 Talc Co+ lea 11 - FPL to accrue tax 2456 Port West Blvd. Payment Terms WEST PALM BEACH FL 33407 Net 47 hays 311!7106 - This change order Increases the unit price of lines #10 and 920 due to a mpnufaoturer`pricef increase that took effect July 1 2005. This purchase order cues system- generated using prior pricing. LR *� Text changed *"* .+a Net price changed '� *« Referenced PO #: 45003071 93 0 31ei 0.845.880�2lft 150 FT 2.96 447.00 HOSE. 301 12, PARKER NO SKIVE HOSE,NO SKIVE 314" ID X 1- 1116 OD.50' L0,2250 PSI,6YNTHETIC RUSSM TUBE, DOUBLE VA-RE BRAID,RUBBER COVER 50 FOOT COIL, MINIMUM OF TWO PIECES. MiNIMUN LENC,ITH OF 26 FEET. HOSES MUST BE PROPERLY CAPPED TO KEEP OUT CONTAMINATES Mo-ayfogurer PARKER: 301 12 .a Net price changed * ** I Ii further Information Is required call Al JTHORIZED i gent: TANIA M' HERNANDEZ Sl GNATURE: DATE! Phone: 561 -691` -7299 This Purchase Order Is subject to the attached, or preciously provided, tararms and conditions: Shipment of the goods or commencement of work by the supplier will oor stitute acceptance of all of these terms and conditions. - DATE Ja>Oxw= 10th, 2006 DEPARTMENT: ' Public Works DATE REQUIRED; EMERGENCY 3- LET ER OF RATIO 4 REQUIRED VENC aR VENDOR NAME : Glob&]. Fluid QxnneCtors NUMBER: BILL TO ACCOUNT NO.: 43- 538541 ADD ES5: 13170 N.V. 43rd Avenue FUNDS: COMMODITY AVAILABLE: CODE: clrt: aos- •locka STATE: Florida zip: 330! A PURCHASE ORDER-NO.' 1 FEW ] 4 FAX: cow Acm TELEPHONE: MATE VAL S R !R D R <. Supplies 1 2 needed for repairs to Clamps Ihel1s n80- 212020 F50LO-- SSEAL -1 STER R$'' : 3� F.ac h n .y $ 14,68 , _4 2 Hose Assembly @$43.84 Each 87.68 (see attaclad quote) 7 -g 9 10 i1 12 13 1Q SPSCIA .INSTRUCTIONS: Welcome Government Buyers Pate 1 of 3 Welcome Government Buyers Page 2 of 3 ; OSAx. r i 1 j We Support You How can we help you improve the quality of life at your facility? We're proud of of ongoing involvement with government agencies and military bases throughout thi j nation, from direct support to military family housing maintenance to providing the maintenance, repair and operations material for government facilities maintenanc i projects. Starting with initial project design and throughout the; operations, (maintenance ar renovations phase, depend on us for help with the planning, materials and execu of your project. i Tax Exempt Registration For our tax exempt customers, those who purchase on behalf of governments or j exempt organizations as defined by your state, for retailers and resellers, for manufacturers, we have improved our in -store process to better serve you. Plea: note that this process does not apply to any homedepot.com purchases. I Instead of completing paperwork with every exempt transaction you make in our j stores, you can now register here and, once approved, use a number that you se to document your exempt purchases. The process only takes a few minutes, and temporary exemption will be issued once you successfully complete the registrati Once your application is reviewed and approved, your registration will become I permanent up to the renewal date as defined by your state. For most states, only form must be completed to cover all of your business (some exceptions apply). I You can elect to receive e- mailed reminders to renew your registration, and maki changes as your business or organization changes is easy. As this program <grow hope to bring you expanded features, including purchasing tax exempt in our inte j, marketplaces; currently the feature is not available. i Need help with your registration? Tax Department: (770) 433 -8211 x16666 9 a.m. — 5 p.m. ET Monday through Friday Register with The Home Del pot for Tax Exemption We Serve Our Communities i Giving back to our communities is not only a responsibility, it is a part of doing business at The Home Depot. Here are some of the programs that we support: e Project Homefront j ! Habitat for Humanity ® Team Depot ® Emergency Response Support i • At -Risk Youth e Environmental Projects We're Here When You Need Us Simply call 1-866-589-0690 for all of your needs. If you need to request a propos up a blanket purchase agreement, purchase a container -load of duct tape or siml locate the closest retail outlet, give us a call. We are here to help. i - Enter your e-mail address to receive special offers and promotions s CUSTOMER SERVICE CORPORATE INFO BUSINESS OTHER Sf Return Policy About The Home CUSTOMERS #A Home.,[ Product Recalls Depot Just for Contractors Home Dep Privacy & Security Investor Relations Government Customers The Home http:// www. homedepot.com/prel80/HDUS /EN_US /super_ features /pg_super_features.j sp ?C... 4/6/2006 �e .. 7, „7 F,.77 Welcome Government Buyers Page 3 of 3 Contact Us Careers Supplier Center' Mexico i California Privacy HD Supply Businesses EXPO Des Rights Local store prices may vary from those displayed. Products shown as available are normally stocked but inventory levels cannot be gua 02000 -2006 Homer TLC, Inc. All Rights Reserved. Use of this site is subject to certain terms of use which constitute alegal agreement between you and Home Depot U.S.A., Inc. http:// www .homedepot.com/pre180 /HDUS /EN US /super_ features /pg_super_features.jsp ?C... 4/6/2006 Information for Ordering Offices Page 1 of 2 Information for Ordering Offices Page 2 of 2 Special Item Number (SIN) 705 -097 Contract Name Walk In1lk Out Contract Period 7MY03 — 6Y30im8 Contract Number GS- 06F -0052N Contract Administrator Richard Nyberg, 770- 3843772 Contractor's Name The Home Depot Address 2455 Paces Ferry Road, KW Atlanta, GA 30339 -4024 ! Phone Number 7- 866- 589 =0690 Fax Number 7 -860- 589 -0697 Business Size Large I GAGE Code 1MX07 DUNS Number 783266950 Taxpayer Identification Number (TIN) 58- 7853379 i Registered in the Central Contractor 1 Registration (CCR) Database Yes j JWOD Items Available Na i TERMS Tax Exempt Yes Payment Terms Net 30 Government Purchase Cards Accepted Yes Prompt Payment Terms None Minimum Order Size None Delivery Charge Yes j Geographic Coverage All United Skates and PR Stores Time of Delivery See stare for details i Expedited, Delivery See stare for details Freight on Board (FOB) j Origin Warranty Provision Manufacturer's warranty to be proaided 1 PaymerTURemittance Address The Home Depot P.O. Box 72477497 j j Philadelphia, PA 79770 -7497 i Enter your e-mail address to receive special offers and promotions' o CUSTOMER SERVICE CORPORATE INFO BUSINESS OTHER SI' j Return Policy About The Home CUSTOMERS Home C Product Recalls Depot Just for Contractors Home Dep Privacy &Security Investor Relations Government Customers The Home Contact Us Careers Supplier Center Mexico California Privacy HD Supply Businesses EXPO Des I Rights L Local store prices may vary from those displayed. Products shown as available are normally stocked but inventory levels cannot be gua 02000 -2006 Homer TLC, Inc. All Rights Reserved. Use of this site is subject to certain `terms of use which constitute a legal agreement between you and Home Depot U.S.A., Inc. http:// www. homedepot .com/prel80/HDUS/EN_US/ super_ features /pg_super_features.j sp ?C... 4/6/2006 IT Consulting Services /State Term Contracts / State Contracts, Agreements and Price Li... Page 1 of 4 Rate this Contract View Survey Results. Contract Name: IT Consulting Services Contract Number: 973 - 561 -04 -2 Effective Dates: 04/01/2004 through 03/31/2007 When issuing a purchase order' use commodity class: 973 and commodity group: Contract Summary RFQ RFQ Information and Form Instructions Price Sheets Project Areas: 1, 2 & 3 Project Area 4 - staff aug 04- 03- 06.xis (404.00 kB) Contractors Anteon Corporation eL Anthem Technologies, Inc. Bay Systems, Inc. 4;2o Bearing Point Blackwell Consulting Services f http: / /dms.myflorida.com/dms /layout/ set /print/content/view /full /8375 4/7/2006 IT Consulting Services / State Term Contracts / State Contracts, Agreements and Price Li... Page 2 of 4 Brandt Information Services, Inc. Buffer, Inc. Integris Inc, (d /b /a >Bull Services Cairo Corporation CIBER, Inc. Coleman Technologies, Inc. Compuquip Technologies Computer Aid, Inc. Computer Training & Consulting COMSYS IT Partners, Inc. Consulting Solutions International, Inca Consultis Cornerstone Software Services, Inc. Covansys Corporation Creative Consulting Co. DAS 'Resources, Inc. Data Voice, Inc. Deloitte Document Advantage Corporation Drexel Technical Associates, Inc. Dyntek Services, Inc: EarthData International of Maryland, LLC Electronic Training Solutions, Inc. EMA, Inc. Employer Management Solutions, Inc. (EMS) Enterprise'24x7 Inc. Enterprise Technology Partners, LLC Everest Solutions, LLC Experts, Inc. First Data Government Solutions, Inc. GeoAnalytics, Inc. Global Information Services, Inc. Hayes E- Government Resources Inc _ HCL Technologies (MASS) Inc, Hewlett- Packard Company I S. Consulting ISM Corporation Image APL' Inc. Infinity Software Development, Inc. Information Systems of Florida, Inc. Insight Public Sector, Inc. I'ntearated 'Computer Solutions, Inc International Data Consultants, Inc ISOCORP, Inc.' Keane Federal 'Systems, Inc. Kforce Inc. http: / /dms.myflorida.com/dms /layout/ set /print /content /view /full /8375 4/7/2006 IT Consulting Services / State Term Contracts / State Contracts, Agreements and Price Li... Page 3 of 4 KLC Consulting, Inca KSJ & Associates, Inc. KKyra InfoTech, Inc. Logical Business Solutions Mainline Iinformation Systems, Inc Marquis Software Development, Inc Matrix Information Systems, Inc. MAXIMUS, Inc. MGT of America, Inc. Montaibano & Associates, Inc. MPS Group, Inc: North Highland Company Northrop Grumman Information Technology OMSYS Services, Inc. OneTechPlace, Inc. Paul Consulting, Inc. Phoenix Consulting, Inc. Photo Science, Inc: Plato Consulting, Inc. Presidio Corporation PROSYS Information Systems Radiant Systems, Inc. Rapidigm, Inc. RCC Consultants, Inc, Revolution Technologies, LLC RLTCORP Software Development Services ROI Consulting Group, Inc. Signature Consultants LLC SkillStorm SMX Services & Consulting Inca Software Architects, Inc. Software Resources, Inc. Solution ArchiTECHS, Inc. Spherion Atlantic Workforce LLC STI Knowledge Sverdrup Technology, Inc. Technisource TE Ksyste ms, Inc. Threshold Consulting - Services, Inc Triage' Partners, LLC TYBRIN Corporation UAI INC Unisys Corporation Vector Solutions Inc. Vitaver & Associates, Inc. Woolpert Inc. http: / /dms.myflorida.com/dms/ layout /set/print/content /view /full/8375 4/7/2006 IT Consulting Services / State Term Contracts / State Contracts, Agreements and Price Li... Page 4 of 4 Amendment Complete Contract PDF (No Pricing) - PRINTABLE.pdf (2.89 MB) MyFloridaMarketPlace Users For further information please contact a contract administrator: Contract Administrator(s): David Comer Telephone:(850) 488 -7804 Email: David.Comer @dms.myflorida.com . Suncom :278 -4196 Department of Management Services Copyright @ 2004 State of Florida httD:// dms. mvflorida. com /dms /layout/set/print/content /view /full /8375 4/7/2006 Contractors = International Data Consultants, Inc. / IT Consulting Services / State Term C... Page 1 of 2 Rate this Contract View Survey Results International Data Consultants, Inc. ORDERING INSTRUCTIONS NOTE: ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER F- 650488212 -001 VENDOR: International Data Consultants, Inc STREET ADDRESS OR P.O. BOX: 13302 SW 128th Street CITY, STATE, ZIP: Miami, Florida33186 TELEPHONE: 305 -253 -7677 ORDERING FAX NO. 305 - 253 -7657 REMIT ADDRESS: 13302 SW 128th Street CITY, STATE, ZIP: Miami,`Florida33186 WILL ACCEPT THE VISA CARD PRODUCT INFORMATION: DIRECT INQUIRY TO NAME AND TITLE: Emily Cardoso Office Manager ADDRESS: 13302 SW 128th Street CITY, STATE, ZIP:Miami, Florida33186 TELEPHONE: 305 - 253 -7677 URL HOME PAGE ADDRESS: www.intldata.com ELECTRONIC MAIL ADDRESS :ecardoso @intidata.com http: / /dms.myflorida.com/dms/ layout / set /print/content/view /full/8686 4/7/2006 Contractors - International Data Consultants, Inc. / IT Consulting Services / State Term C... Page 2 of 2 Department of `Management Services Copyright O `2004 State of Florida httu: / /dms.myflorida.com/dms /layout/set/print /content /view /full/8686 4/7/2006 OZ/15/2006 10:29 305625080 JAM WELDING PAGE 01101 FROM :City of Mlarol SPrIngs FA NU. Y395 86,55177. Mar. la 222 0$.,39AM P1 i t Vehicle Services rA A FIrd 6ervitn Caqmy �O wjxft it MW COMCM., .1.A.M Walling Is one of our vand nw), wba m curmtly providing seMoe for theta of our =a=UdymmkWfflw."my oi-dm,City`afMiwni,Sprhlg,.l I,Ckbks,ad.fmt LMAMWo, If you std to amw me for' ifiie*tibu you may do so at ' dtho phone numbers 'listed below. Marlin Roddguer. O*=pJ Mwager (Ocll) 786 402 751U (O ) 30,4 805 5170 CZ/T@ 39Vd IWVIW Hinos J0 AlIO 89ZL8999066 86:80 9902 /HT /b0 Page 1 of 1 Vazquez, Kathy From: De la Torre, Rudy Sent Monday, April 10, 2006 3:07 PM To: Vazquez, Kathy_ Subject: Open PO back up. Kathy, the following vendors have not responded to our numerous requests Building Materials.' Ronnie's Ace Hardware Florida Lumber Home Lumber MRC Lumber Nachon Enterprises, Inc. Electrical Supplies Bulb man Lighting EBC'Electric Manhattan Electric Graybar Electric South Dade Electrical. Kathy, I'm also faxing you the confirmation for all the above. In reference to J.A.M. Welding, I'm also faxing to you the letter from First Vehicle Services, which states that J.A.M. Welding is one of the vendors they use to provide service to other cities, by us working directly with JAM we cutout the middleman, which results in savings to the City, also JAM is the only vendor in the area with portable weldinfg equipment` capabilities. Which, is critical for us, due to on the field emergency repairs. Rudy de la Torre Maintenance Services Operations Manager South Miami Public Works ` 4795 SW 75th Avenue, Miami, FL 33155 Office: 305 663 6350 - Fax: 305 668`7208 /1 4/10/2006 FROM :KILOWATTS F Arc NCI. :30565$6667 Mar. 16 2006 q5 :52AM1 P1 Kilowatts Electra c & Lighting Supply, Corp. 401 9,W.11 AVENiJ p MIAMI, PL 33144 0794 S. W B1 TERitACE 133 WAIST 29 ongel, MIAMI, F1,:3;3143 HIALEAH, FL 33012 PHONE; (303) 262 -3640 PTIO E: (303) 6684668 1'AX: 006 262 -7919 FAX: (305) 668 -6647 PI 10N [ :: (30S) 05.8080 FAX: (305) 863 -7R89 QUOTE SIT= as PAGE: 1 CUSTOMERNG!< 05- 6636350 ORDER NUMBER: ON7238 0110hli nA!>;'- 3/!()/2006 SOLD T0: Catty Of SIDUth M1aItU SALESPE2iSON: 0026 4795 S,W. 7-11t Avenue St TIP T0: FL 33155 CONFIX9 T0: CAJSTOMER P.U. SHIP VIA Fcy.l3. _ TERMS 3% by >10th Nat Due on the 25Lh 1•1't:M NIIMi3KI{ 'VENDOR. PART # DI;$CRIPTION .�"., f1RDEREp' SFttP!'Jr1J PRICE LTN1T b'1NLt)nN c 75MUU MF1175MtK1 75W 1 0= LMF X40T12CT1G 0 11.25 C 16.75— fanT12C:VY P4(Y7'12CW 1 U P&NIX1N 1,15 F !.!i 01,20(PP /941 PL86Q12PA41 Y1,26Q12PJN41 i 0 BALLAMU HA1 d AST240 13AI.LAST 240122 V 7,J5 � 7,15 1 0 P 1095 10, 15 4i?K:rCP 413t'.TCt' NALLAST1ra0Tl2 I p 7.95 }: 7,5 f clOrder: 45,01 1 LC55 Dis000nt, Q Q� Freight O.OG 1tSCGIVFD BY PRINT NAMW Sales Tax: .DC;� Order Total: 45.05; TO /TO 3E)Vd IWVIV4 H1f10S d0'AlI7 BOZL8999066 9z :t'O 9002/Ot/b0 'p CITY OF SOUTH MIAMI !CEtV'� 4L SERVICES DMSION 4130 SUNSET DRIVE SOU TH MMM FL. ' 33143 - PROM'"' (305) 663 -6339 FAX (305) `66J1- ?Aa2 TO: ^ FROK - CENTRAL SERVICES ATTENTION! XA Mr VXZl2uBz FAX NO.: � ►- v 9� PATE -. 6 rF NO.: PAGES: PLEASE PROVIDI � ME WITH A Q' LrOTX VIA FAX ON THE , FO&LO'6V*G lik 4S. A.&A. P. I TIMS.- PIUCE (EACIR) s ' COMMENTS: PLEASE ADVISE If YOU HOLD ANY COUN -ty, STATE, OR SCHOOL BOARD BIDS. * * * *IJF Yo(j HAVE ANY QUES7 JONS pr EASE CUL ME. * *' ** . THANK )(OU 303--'7 96 - Islyo 1/0 U /90 39Vd IWIW Hinos 30 AlID MrL89950E5 8E';EO 9092/Ot/170 i 1 F.uC•8Ax- FAX- S�: C_ F% X- RwX- R:,�[.F,1,X•FAX•Fa1lC�FkJC -£AX• FAX- �` aX. x. �X- F ,L7t- F�+x- F�.�.FAX.Fw %Fnx�Y,ax. , VAX mom t:ITY OF SOUTH MIAMI CENTRAL SERVICES D SON 6130 SUNSET DRWE StaUIT11 M,'iAW, FL. 331 PROM E (345) 663.6339 FAX: (305) ifs S 7A 0 2 TO: ,� •t-. FR.fJK CENTRAL SERVICES ArrENTION: ' xArbrr yAzj2v PRONE NO_-_ PAGES: ?■}Ty��YEAS�E �'FLC� *10'�� g.Ib.�y�E Y�7fH A QUOTE WLk FAX CAN' THE FOLLOWMG I Y I:MS. A.S -A-5. ITEMS PRICE (EACH) COMME I'LEASE ADVISE YOU HOLD ANY COUNTY, STATE -OR SCUOOL BOARD BIDS, **" *IFYO(J HAVE ANY QUESTIONS PLEASE CALL ME.*Ik *k THANK Y0U '00) 77 6Z /L0 39VJ I VIN Hinos _�0 AiID 80ZL8999066 80:80 9002/0 [ /P0 , 04170/2006 03:38 93056687208 CITY OF SOUTH MIAMI PAGE 08/23 TRANSMISSION VERIFICATION RE13OR7 TIME : 03/21/2006'09 :46 NAME CITY OF SOUTH MIAMI FAX 93055687208 TEL 93056636350 SEW„ # BROJ43915601 DATE, TIME 03/21 D9:46 FAX NO, /NAME 93055204950 DURATION 00:00:1-:- / PAGE {SD RESULT STANDARD MODE ECM TWANSMISS [ON ' ERVvICATION REPORT TIME 04/04/2006 07 :44 NAME CITY OF SOUTH MIAMI FAX 93056687208 TEL 93066636250 SER. 4 BROJ4J915601 DATE,TIME 04/24 07:44 FAX NO./NAME 93055'104W59 DURATION 00 00: 16 PAGE (S) 01 RESULT OK MODE ST�hDARD ECM TRANSMISSION VERIFICATION REPORT TIME 09 ► 4/2006 07:49 NAME CITE' OF SOUTH MIAMI FAX 93056687208 TEL 93056636390 ' SER.# : BROJ4J915E01 DATE,TIMIE 04/04 07:49 FAX NO - /NAME 99652515254 DURATION PAGE(S) a�'s00:S0 RESULT OK MODE STAND ;RD ECG 4'Ax'rAA -FAX- FAX - FAX - FAX- F,.X -FAIX -FAX- FAX. FAX - FAX -FAX. FAX- F AX- F^*FM.PA.X- FAX.F,Ak- PAX•.PAX- , FAX FROM 47ITY OF SOUTH MIAMI !CENTRAL SERVICES DMSTON 6130 SUNSET DRIVE SOUTH N1011, FL. 33IA3 "ON E: (305) 693 -6339 FAX: (395) 66 9.7A 0 3 , x0: _S�r�r1i FROM., CXNTRAL SERVICES PAGES: PLEASE PRO 'M ME '6"'8 H A QUOTE VIA FAX ON THE . FoLLO G'SIT) :16 S. A4- ss.A -P. ITEMS; PRICE (EACB) Af t/ $ f� COMMENTS M YLEASE A.DVysIE IF YOU HOLD ANY CC7kUNrrY, STATE' OR SCHOOL YOU HAVF, �XY QUESTJONS PLEASE CALL ME. ** ** TiIANK YG)C.i pow, i I—TRANSMISS:'ON VERIFICATION REPORT TIME 03/1412006 15:07 NAME CITY OF SOUTH h +SIAM i FAX 93056687208 TEL 53056636`358 SER. it : BROJ4,7915601 DATE MME 83114 15:06 FAX NC. /NAME 93952515254 PAGE(S) DURATION ECS } 0100:17 S / MODE�T OK £CM r. TRANSMISEION VERIFICATION REPORT TIME : 03/2112005 09:05 NAME CITY OF SOUTH MIAJ 11 FAX 93e56687208 TEL 9305653EB50 SER.0 BROJ4J915601 DATEJIME 03121 09:09 FAX N0. /NAME 93052515254 DURATION ea:oo:is PAGE {S} 01 r MODEL? STANDARD ECM TP.fiPISMISSION VERIFICATION REPOR'r TIME : 04/06/2606 64:18 NAME : CITY OF SOUTH MIAMI FAX. : 93056687208 TEL 93a566363u SER.# : EROJ4J915601 DATE,TIME 64/06 04:09 FAX NO. /NAME 93055971825 DURATION 00:00:39 PAGES} 1 RESULT MODE STANDARD ECM ' Fd3S•F,SX. FAX. FAX. FAX- Fi6X• 1. 9[- F: A. �C-!' i, �(- F' e�rYrFAX- FA. X. FA? i. FA,'!• S. �XF/ LyC. FA,. � '•Fl�Y.lAk.ii1�S +F7l.?L- i'n.�- FAX FAOaS I71TY OF SOUTH MIAMI J+NrRAL SERVICES ISC3N 6130 SUNSET DRfa SOUTH MIAMI, FL. 33143 PRON r: (36) 663 -6334 FAUX (3113) 661 74a T0: J FROM: CENTRAL SERVICES AT TE x'10N _ 2' 24-9?__ xArmr vAzgeiV FAX NO." a .� DATE: W/ 6 %� FAX NO.: PLEASE PRC►Y Pd: ME 1ITEEE A OUOT£ VIA FAX ON THE ]FOLLOWING litj4S. A.S.A.P. nmms: PRECE (EAC.U) r7J- W IIIA Wg ZNb. fa s s COMMENTS kEASE ADVISE- 5' YOU HOLD ANY COUNTY, STATri3O,R SCHOOL' BOARD BIDS. i ,`-`"c mss,.; „ , -'� ;.�-s,,r2 c •^'.,T"';;�`T —r DATE,TIME 04106 04;02 FAX NO. /NAME 93054775535 DURATION 00:00:17 PAGE(S) 01 RESULT OK MODE STANDARD ECM �- � fAX-FAX- FAX -FAX FAX• FAX - FAX- FA X. rA X- FBI,X- fiAX- FAx- Frlli- F.�X.F,�X -FAX- FAX- FA�c.F.tik- FASO -Fxx. FAX FRO61 CITY OF SOUTH Muml CEN rRAL SERVICES bYV"I'SION 6130 SUNSET DRIVE SOUTH MIAMI, FL. ' 303143 P.H0N7.: (303) 6a-6339 FAX: (305) 66267A 0 4 TO: ATTEIY'x it3K. ".,-� a FROM -- � CtN TRAL S.ERIICES �Y F'rlZy2Fl.222 DATE PHONE NO.: PAGES: ?LEASE PROME . MSS i nTH A QUOTE V SAX ON THE FOLLOWING IT]b 4S. A.S -A-F. ITEMS: PRICE (EACH) 4J ,,IIff i0ea 7- COMMENTS: AEASE ADVISE IV YOU HOLD ANY COUNTY, STATE-OR SCHOOL BOARD BIDS. ** *IF YOU HAVE AN'e QUESTION'S PLEASE CALL ME. *** b THANK YOU aX vo a 3 0,7 - 719 6 - /s"11-3 • i EZ /zH 39Vd IWvIW Hl(10S d0 Am $07L8999066 86:60 9007/0C/170 Page 1 of 1 Vazquez, Kathy, From: De la Torre, Rudy Sent: Monday, April 10 2006 3:07 PM To: Vazquez,, Kathy Subject: Open PO back up. Kathy, the following vendors have -not responded to our numerous requests Building Materials. Ronnie's Ace Hardware Florida Lum Home; Lumber MRC Lumber Nachos Enterprises, Inc. Electrical Supplies Bulb man Lighting EBC Electric Manhattan Electric Graybar Electric South Dade Electrical. Kathy, I'm also faxing you the confirmation for all the above. In reference to J.A.M. Welding, I'm also faxing to you the letter from First Vehicle Services, which states that J.A.M. Welding is one of the vendors they use to provide service to other cities, by us working directly with JAM we cut out the middle man, which results in savings to the City, also JAM is the only vendor in the area with portable weldinfg equipment capabilities. Which is critical for us, due to on the field emergency repairs. Rudy de la Torre Maintenance Services Operations Manager South Miami Public Works 4795 SW 75th Avenue, Miami, fL 33155 Office: 305 663 6350 - Fax: 305 668 7208 4/10/2006 i RR- .10 -2uas 09:50 RM LACAL.EQ'r 937596e4Z5 P.O. 13OX 757 104 Washington Street Jackson Center, Ohio 45334 "QUIPMENT./+NC Phone - $ao- 543-64 4 Fax 937 - 596 - 5433 5W19e0V the Web at www.lacal.com Fax 0 ROBERT ER From Woody CITY OF SOUTH MIAMI,FL. age$. 7 i hone: C1ate: 4/5/QG , f�sx; COs- BB8 -T91 CC: TYMCO STREET SWEEPER PART S -- t0 Urgent D For Review a Piqasa { 0mment Q Please Reply A PlsaSS Recycle ROBER'rl THANKS FOR YOUR REGENT INQUIR'f CONCERNING THE AVAILABILITY OF PARTS FOR YOUR TYMCO MODEL 210 STREET SWEEPER.WE ARE THE ONLY SOURcB POR PARTS FOR THIS 13RAND OF EQT.ANS, LOOK FORWARD TO WORKING: TO WORKING WITH YOU IN THIN FUTURE.PLEASE,RAIVIEMBER THAT YOUR TERMS ARE NET 30 DAY,% AND WE PAY THE DELIVERY FREICMT'"O YOUR SHOP FOR ALL SHIPMENTS THAT ARE SHIPPED TO BY GROUND 511RVICL TOM WOODRUFF,FL ALES MANAGER IL /"Z- TO/TO 39ad I VIN Hinos -�0 hlID BOZL8999066 110 :Z0 .9002, U/t10 1�/2 ®/2H05 10:51 43'5965433 LACPL EJI1IPMENT PAGE V CITY OF POMPANO NO BEACH PuFlak ASIA 0J1D6fi No.I 6 c 3 3 7 PURCHASE ORDER DATIbi p,'0 4/4 5 P.O. DRAWER 1300 POMPA NG BEACH, rLORIDA 330E1.13t1p AN PC 'UAL OPPOA7UNITY EMPLOYER o LAGAJG EQUIPMENT INC SHIPToThe City Of rokpa>QO leach i PO BL 75 CENTRAL GAkAGE ( 9507.5%.4109 /BuI .DING A JACXCRON CENTER, OR +45334 1190 N.E. 3RD AVENUN poMPANO BEACH, VL 39060 PLEASE $RE T ERMS AND CONDO PIONS pRINTED ON THE REVERSE- . H .I' 9';', r° �lY �ir�•�l .a . • +1 �`� t'5 09/30/06 TEL* (800) 543 -6161 DEVIHATION NET LERI PARKINSON (ROGER DETRICK V.P. T 013 SLLTS dMS rfr v ��'�,'��' ;, �ft r r � NY 'j •+if" a "d. v �+ } � �r.�y!w' ' i '.v{•'tt • � ti Y ft 5 , ar r y X500.00 765 67'S FIEAVY DUTY ROAD EQUIPMENT 7l r g4aa 1500.00 SWEEPER JICCESSOXIZS OPEN F.O FOR STREET SWEEPER PARTS 81100KS AND IDJU5112S ,AS NEE99D � � SUB- xOTRr.' %500.0-0 ' � TOTAL 1500.00 Ve nog Please to , khis is aD open 7purchasO order hoc ;miEG ®113szQaus items /service as needed. "QUID' tItr" -and "UuAt . CoetYt have been reversed so that wQ :an pz�sr00ss pNot�aaipi�alm�temsltoverµ $749.919 items EX i received, each are tO be 'Ordered from this R!.0- 1'HIS 'PUR:HASE ORDER 2s ONLY AV1'HO IZED -FOR pUgC"ASES Up TO THE STATEII TOTAL OtJXT. TAL AHO Ttx ADJDITIoNkL' PURCHASES ABOVE THE STA ED ' TO ARE ONLY AUTHORIZED By ?ORMAJLJ CHANGE ORDERS TO THIS PV91,1HASE ORDER THE CITY WILL REAR NC LIABILITY POR PURCHASES OVER THE STATED LIMIT WITHOUT SUCH CHANGE 0RDZR(5) GITy OF P WAR F SEACH, PLO F.P.D. POIWPA O VIAO 1, FL R21. 6H"1i U.$. Tr®MM Dttp M r% SK AU7WORIZED SY 1-R,S. F1801 it uon No. SS,T ,*M Pu SIt IG At'a T Stale 04160 Tax &am# lan V ENDOR C7O$'Y cart ewe No, tt3� -iw 6 -mr. 90/TO 39Vd IW`7IW Hinos _�0 Aim SOZL8999066 61 :90 _ 90@Z!L i /vo 10/20/2005 10:51 9375965433 1,ACAL EQUIPMENT PASE 03 CONTtOL NO 130ARD Op COUNTy +coMMISSIONE z P FLAGLER COU 4 PURCXASIN :j OMCE • GOUp.THOUSE ANNS I WO & ]MOODY BOUIZY #1 T51 jXNnL, FLORIVA $2110 (386) 437- -7400 • (386 370-7400 (SUNCOM) • (386) 437 -7399 (FAX) PURCHASE (ORDER TO LACAL ECrUIPMEPIT INC X53 104 'AASF+INGTON ,.ti 5 pO BOX .75T f 01 SON C 5 fV r C� ti OH M15334 »^�' OUR PURCHASE ORDER HUMljgR MUST APFI A R ON ALL 1NY01Cp, PACKING UFM AND Celt RESFONDP UNT' 1200 , EAST MOODY E U Q 3 R5. FLADLER CO BOAR] OF CAv ►COMMtSS17NE F 3 ?11 l EAMS ENACF.rrieg + F AGLXR CO, Cou)tT oust, O U N N E L L, 7 P.O. BOX 757 SUNNELL. FL 32114.0787 A { DN7RrM� ArI S�Err I� DATE;�i�aJE SXPIR 'TZON DATE: 9/S 1J0t NoT T EXCF10.1 260D.00 �a��EZS�: ���r�,R6Pf�zE3��,�aUE}pLrE"s 5MARKS: epo -MISC PARTS.R'E<PAIRI.sUPPLT.ES NOTE: ONLY ORIGINALIN—VOICES i RILL-BE of ALR'EIOSWAD BYr t, MAIL MORCETD SOARD OF COUN'�'�' M 2. ALEAXy.j0W 01111 KAWj %U1 pwt wiMMMOM ALL a:VOX:gl•R 3. EkM SEi>i"d , M14f' ICs �:91'6i1SD EfY A SEFC�tA7 E A+iti'C rA KX O�ONt t4 WM ( :()P 'To VWVOK 4. TW 00MY Of PLNGLER W' � PR£ M ffmt. SANS rAX N+ID 11W" W cOrY orb IgNANCR l%DERAL 9XCL%T'AXRS ,t'6.kTE SALES *0 VSIZ 7U CF�kM ATE PINK CDPw 7X1 DBPAMl' V r+rLMUR Z8- 0l- mZ850•51X3 GOLD C01'"IfM PB.IRCtIASFNG r 90/G0 39VJ NVIN H1.f10S 30 AiIC 806LB99GOEB Et =90 G0az /L) /p0 Contractors - Mac Papers, Inc. / Paper: Office, Virgin and Recycled Content / State Term ... Page 1 of 6 Rate this Contract View Survey Results Mac Papers, Inc. ORDERING INSTRUCTIONS BIDDER: Mac Papers, Inc. SPURS VENDOR NUMBER: F- 591059698 Bid /Contract Administration Name: Steve Collins Title: Vice President Street Address: 3300 Philips; Highway, Jacksonville, FL 32207 E -mail Address :steve.collins @macpapers.com or'donna.brown @macpapers.com Phone Number(s): 904- 348 -3300 Fax Number 904 - 348 -3340 If the person responsible for answering questions about the bid is different from the person identified above, please provide the same information for that person. Name: Tom Fleming Title: Vice President Street Address: 3300 Philips Highway, Jacksonville, FL 32207 E -mail Address:tom.fleming@macpapers.com- Phone Number(s): 904- 348 -3345 Fax Number: 904- 348 - 33.40 http:// dms. myflorida. com /dms /layout/set/print/content /view /full/6358 4/7/2006 W. Contractors - Mac Papers, Inc. / Paper: Office, Virgin and Recycled Content / State Term ... Page 2 of 6 Direct Orders Mac Papers, Inc. F59- 1059698 -5 3300 Philips Highway P.O. Box 5369 (32247) Jacksonville, FL 32207 Phone 904= 396 -5312 or 800 - 342 -3849 Fax 904 -348 -2404 or 800 - 233 -5734 Customer Service Rep: Brooke Barker brooke .barker @'macpapers.com Fed I.D. 59- 1059698 Remit to Mac Papers, Inc. P.O..Box 860166 Orlando, FL 32886 -0166 The following, counties are serviced by the Jacksonville location: Alachua, Baker, Bradford, Clay, Dixie, Duval, Flagler, Gilchrist, Marion, Nassau, Putnam, St. Johns, Union and Volusia Mac Papers, Inc. F59- 1059698 -115 7601 Kingspointe Parkway P.O. Box 590115 (32859) Orlando, FL 32859 =0115 Phone 407- 370 -5595 or 800- 422 -1725 Fax 407 - 352 -7330 or 800 - 622 -2812 http: / /dms.myflorida.com/dms/ layout /set/print/content /view /full/635$ 4/7/2006 r, Contractors - Mac Papers, Inc. / Paper: Office, Virgin and Recycled Content / State Term ... Page 3 of 6 Customer Service Rep: Martha Thacker martha.thacker @macpapers.corn Fed I.D. 59- 1059698 Remit to: Mac Papers, Inc. P.O. Box 860166 Orlando, FL 32886 -0166 The following counties are serviced by the Orlando location: Brevard, Lake, Orange, Osceola and Seminole Mac 'Papers, Inc. F59- 1059698 - 1425 Commerce Blvd. P.O. Box 560 Midway, FL 32343 Phone 850- 574 -3700 or 800- 342 -2696 Fax 850- 574 - 3757 Customer Service Rep for Paper Contract - Sandra Swenson - sandra.swenson @macpapers.com Customer Service Rep for Envelope Contract - Margaret Hiers margaret.hiers@macpapers.com Fed I.D. 59- 1059698 Remit to: Mac Papers, Inc. P.O. Box 860166 Orlando, FL 32886 -0166 The following counties are serviced by the Tallahassee location: Bay, Calhoun, Columbia, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, http: / /dms.myflorida.com/dms /layout/ set /print/content/view /full/6358 4/7/2006 Contractors - Mac Papers, Inc. /Paper: Office, Virgin and Recycled Content / State Term ... Page 4 of 6 Jefferson, Lafayette, Leon, Liberty, Madison, Wakulla, Washington Mac Papers, Inc. F59- 1059698 -116 1701 N 50th Street P.O. Box 5657 (33675) Tampa, FL 33619 Phone 813 - 247 -3461 or 800 - 227 -1722 Fax 813- 248 =6926 or 800 - 248 =6927 Customer Service Rep: Don Thornton don.thornton @macpapers.com Fed I.D. 59- 1059698 Remit to: Mac Papers, Inc. P.O. Box 860166 Orlando, FL 32886 -0166 The following counties are serviced by the Tampa locations Charlotte, Citrus, Collier, DeSoto, Glades, Hardy, Hendry, Hernando, Highlands, Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, Sarasota and Sumter Mac Papers, Inc. F59- 1059698 -117 5900 `NW 176th Street P.O. Box 172640 Miami, FL 33017 -2640 Phone 305 -362 -9699 or 800 - 432 -3098 Fax 305 - 362 -0262 or 800- 533 -1269 http: // dms.myflorida.com /dms /layout/set /print /content/view /full /6358 4/7/2006 Contractors - Mac Papers, Inc. / Paper: Office, Virgin and Recycled Content / State Term ... Page 5 of 6 Customer Service Rep for Paper Contract: Julie Rodriquez iulie.rodriquez @ macpapers.com Customer Service Rep for Envelope 'Contract: 'Tammy Vera tam my.vera@macpapers.corn Fed I.D. 59- 1059698 `Remit to: Mac Papers, Inc. P.O. Box 860166 Orlando, FL 32886 -01 The following counties are serviced by the Miami location Broward,;Dade, and Monroe Mac Papers, Inc. F59- 1059698 -118 7970 Central Industrial Dr., North RivieraBch, FL 33404 Phone 561- 840 -1900 or 800 -622 -2845 Fax 561 - 840 -9736 or 800 - 622 -2860 Customer Service Rep: Sarah Bonoff sarah.bonoff @macpapers.com Fed I.D. 59- 1059698 Remit to: Mac Papers, Inc. P.O Box 860166 Orlando, FL 32886 -0166 The following counties are serviced by the West Palm Beach location Indian River, Martin, Okeechobee, Palm Beach, and St. Lucie httn : / /dms mvflorida.com/dms /layout/ set / print /content/view /full/635$ 4/7/2006 Contractors - Mac Papers, Inca / Paper: Office, Virgin and Recycled Content / State Term ... Page 6 of 6 Mac Papers, Inc. F59- 1059698 -8 5525 Commerce Blvd., W P.O. Box 191207 (36619) Mobile, AL 36619 Phone 251- 443 -5622 or 800 -622 -4450 Fax 251 -443 -8488 or 800 - 622 -4454 Customer Service Rep: Rhonda Lee rhonda.lee @macpaperscom Fed I.D. 59- 1059698 Remit to: Mac Papers, Inca P.O. Box 860166 Orlando, FL 32886 -0166 The following counties are serviced by the Mobile location: Escambia, Okaloosa, Santa Rose, and Walton Department of Management Services Copyright ©`2004`State of Florida httD:Hdms.myflorida.com/dms/ layout /set / print /content/view /full/6358 ` 4/7/2006 Contractors - The Goodyear Tire & Rubber Company / Tires / State Term Contracts / Stat... Page 1 of 1 Rate this Contract View Survey Results The Goodyear Tire & Rubber Company VENDOR: The Goodyear Tire & Rubber Company (A) SPURS VENDOR NUMBER:' F340253240 (Use the sequence code for the local dealer) Contract Administration Name: Jeanne 'Oberdier Title: Contract Manager, Government Sales Street Address: 1144 East Market St. - D/709 Akron, OH 44316 E -mail Address: jeanne.oberdier @cioodyear.com Phone Number(s): (888) 453 -0021, 2, 2; or (330)`796 -4352 Fax Number: (330) -796- 3404 Internet (URLs) for Contract Price Lists and Contract Dealer Lists http:// www .goodyear.com /gov /gs0630918.xls Please Note: Orders should be directed to the authorized dealers listed in the Contract Price Sheet / Contract Dealer List. 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Project Due on receipt BW 9/14/2005 Quantity Item Code Description Price Each Amount 15 'NS Air Recruit Helmets 49.00 735.00T 50 NS Silver /Gray Belts 1.00 50.00T 40 NS 7 Piece Pad Sets 7.95 318.00T 1 NS Small Shoulder Pad 29.00 29.00T 3 NS Large Shoulder Pads 32.00 96.00T Subtotal $1,228.00 Sales Tax (0.0 %®) $0.00 Please Remit ft Payment t©: Total PO Box 5526 $1,228.00 Balance Due ti'ta�s ea 9 i IF '2 -717 2AI � $1,228.00 1� YY Nw�% MANUFACTURING COMPANY - 100 N.W. 25th Street Miami: Florida 33127 (30SI 573 -5142 Bell►P1/E-RSAL 1 -800 -231 -5957 ATHLIETICS Fax: (3055x) 573-6302 TERMS: — AU claims must be made within 5 days alter receipt of goads. ��J- Returns o radiusimentswilinotbe accepted unieSspfiorwritten authorization is secured from home orate. [j � �i. L( e Name t th_i Name Address Address City State Zip City o State Zt p •qt=r's Flame: Tel. No.: P.O. ip When: Cancel: Shi p Via: Salesman: ., MINI fa � c E l Lie_ at o afl 000dsshafl remain with{ setter untilpayment has been madein rufL Buyershallpay interest of the rate of io %perarfnumon air billsunpaid 60 days arlerreceipt ofgoodspfuscourl 1s and is% of the amount owed for attorneys. Fees for collecting the amount due, when the seller hires an attorney to collett the balance due. While - OFFICE COPY / Canary - CUSTOMER COPY / Pink - SALESMAN COPY . - - ..... -- s . R22eu 01;7n:'-1 qn ❑l clan Office of Superintendent of Schools March 30, 2005 . Board Meeting of April 13, 2005 Business Operations Ofelia San Pedro, Deputy Superintendent SUBJECT :. AWARD BID NO.03$•EE06 — COARSE AGGREGATES (REBID) COMMITTEE: INNOVATION, EFFICIENCY & GOVERNMENTAL RELATIONS The :purpose of this bid, opened on February 15„ 2005, is to purchase, at firm unit prices, quantities, as maybe required, of .coarse aggregates, for. Maintenance Materials Management stock. This is a .term bid which states that .the Board may purchase quantities, as may be required, at the unit price bid, but is not obligated to purchase any guaranteed amount. Of 54 vendors sent bid forms or card notices of this advertised' bid, 6 responded, with 5 bids meeting specifications, 1. non-responsive bid (suspended vendor). inasmuch,:as, coarse aggregates .are currently a volatile commodity, the bid is structured to obtain firm fixed .pricing for the initial six (6) months of the contract and, thereafter., to obtain spot market quotes for the quantities requested. Fund Source M/WBE Efi ibil 0100'- General None RECOMMENDED: That The School Board of Miami -Dade County, Florida, AWARD Bid No. 038 -EE06 . -- COARSE AGGREGATES (REBID), to purchase, at firm unit prices, quantities, as may be' required, of coarse aggregates for Maintenance Materials Management stock, during the term of. the ' bid, effective: April 13, 2005, through April 12, 2006, as follows: PRIMARY 1. AUSTIN TUPLER TRUCKING, INC. 8518 S.W. 8 STREET, SUITE 105 MIAMI, FL 33144 ESTIMATE $76,77517 OWNER: GLEN TUPLER, PRESIDENT Low Unit Price: Items 4 5 and 8. Only Bid Received; Item 9. Item 4 - Sand, mason @ $11.04 per.ton.. Item 5 - Rock ballast, size #4 @ $9.79 per ton.. of4 1 Pa e E=149'. g Item 8 - Rock, lime fine crushed @ $8.07 per ton. Item 9 - Asphalt, 60/40 @ $43.50 per ton. 2. RMC FLORIDA GROUP D.B.A. FLORIDA_ ROCK AND SAND ; 15900 S.W. 408 STREET FLORIDA CITY, FL 33034" . ,ESTIMATE $6;081.80 OWNER: RICHARD BUCKELEW, PRESIDENT Low Unit Price: Items 1 and 6. Item 1 = Sand, screening @ $11;24 per-ton Item 6, -"Rock, pea @ $9 >79 per ton. 3. METRO TRUCKING COMPANY 2225 WEST 78'STREET HIALEAH GARDENS; FL ..33-016 ESTIMATE $36,930.75 OWNER: GREGORY A. MARTIN, PRESIDENT Low Unit Price: Items 3.and 7.' Item 3 - Sand, Lake Wales @ $15 per ton: Item 7 - Rock 314 @ $10.25 per ton. 4. OVERLAND CARRIERS, INC. '12'146 N.W. 99 AVENUE, BAY #5 HIALEAH, FL 33018, ESTIMATE $35.70 OWNER: RENE ARENCIBIA; PRESIDENT Low Unit Price: Item 2. Item 2 - Sand, Lake @ $3.57 per ton. f Page 2 of 4 T RT, FIRST ALTERNATE 5 AUSTIN TUPLER TRUCKING -INC. 8518 S.W. 8 STREET, SUITE. a05. MIAMI, FL 33.144 OWNER: GLEN TUPLER, PRESIDENT Second Low.. Unit, Price: Items Z'3 and 6. Item 2 - Sand, lake @ $4.57 per ton. Item 3 -' Sand, Lake` Wales @ $15:82 per ton. Item 6 - Rock, pea @ $11.54 per ton 6. FLORIDA ROCK AND SAND. 15900 S.W. 408 STREET FL.ORIDP� CITY; FL 33034 OWNER: RICHARD BUCKELEW, PRESIDENT Second Low Unit Price: Items 4 and 5. Itcrrt 4 - Sand, mason @ $12.59 pqr ton. Item .5 - ':Rock ballast,. size-#4 @.:$9..84 per tors. 7. METRO TRUCKING COMPANY 2225 WEST 78 STREET HIALEAH, FL 33016 OWNER: GREGORY A. -MARTIN, PRESIDENT Low Unit Price: Items 1 and 8. Item 'I - Sand, screening @.$.41.90 per ton. Item 8 -� Rock lime, fine. crushed .@ $8.25 per ton. 8. OVERLAND CARRIERS, INC. 12145 N.W. 99 AVENUE, BAY `#5. _ HIALEAH, FL 3341$ GINNER: RENE ARENCIBIA, PRESIDENT Low Unit Price: Item 7.' Item 7 - Rock 314 @ $10.57 per ton. -Page 4-of 4. SECOND ALTERNATE , 9. FLORIDA ROCK AND SAND 15900 S.W. 408 STREET FLORIDA CITY, FL 33034 OWNER: RICHARD BUCKEGEW, PRESIDENT Third Low Unit Price: Items 7 and 8. Item 7 -Rock 314 @ $10.84 per ton. Item 8 - `Rock, lime; fine crushed a@. $8.34 per ton. 10. METRO TRUCKING COMPANY 2225 WEST 78 STREET HIALEAH, FL 33016 . OWNER: GREGORY A. MARTIN, PRESIDENT Third Low Unit Price: Items 2, 4 and 5. Item 2 - Sand, lake @ $5 per ton. Item 4 - Sand,, mason @ � $12.70 per ton. ltem. 5 - Rock ballast, site '#4* @ $10.25 per ton. 11. OVERLAND CARRIERS, INC. 12145 N.W. 99 AVENUE, BAY #5 HIALEAH, FL 33018 OWNER: RENE ARENCIBIA, PRESIDENT Third Low Unit Price': Items 1, 3 and 6. Item 1 - Sand, screening @ $12.57 per ton. Item 3 - Sand, Lake Wales@ $17 per ton. ltem 6 - Rock, pea @ $12 per ton. 12. Authorize Procurement Management Services to purchase up to the total estimated amount of $131,805.76.` OSPIIja Page=4 of 4 4 { f 4 City of South Miami Police Department INTER - OFFICE`' MEMORANDUM TO: Kathy Vasquez FROM: Lieutenant Bruce H. Ross DATE: April 10, 2006 SUBJECT: Vendor- Miami Dade ITD This is a sole source vendor and authorized repair agent for Ericsson radio /communications & telecommunications equipment for the entire south Florida area. i „ 03/20/2007 19:47 3052748133 ELEGUAS NURSERY "CIW OF PLEASANT LIVIN91 CITY OF OUT FLORIDA PAGE 01 PUBLIC WORKS DEPARTMENT E,A,CSIMME TRANSMITTAL COVER SHEET DATE: T5m: FAX : 3,'s- — V — S? i 3 PHONE: s 7y� f 3 ' FROM[: kedtw Je lot t--.� r rLe Public Works Departmen.tis Phone No,: (305) 663 -6350 Puhllc Works Department's Fax No.; (305) 668 -7208 No. of Pages Sent: 1 ( hatu g Coyersheet Please fax us it quote for the following plants, based on 100. each. Wax Bronce Leaf Begonia 1 gal U� i:cora 3 gal 1 O Liriope 1 gal Taiwanese Imora I ga 1 , Creeping Fig I gal 69— ' L Q Yellow Lantana 1 gal Indian Hawthorne 3 gal A�rboricola Goldfinger 3 gal (. Xanadu 3 gal t 0 � Ruella Purple Showers 3 gal Pallet Red Muleh 1 ea Pallet Cypress Mulch 1 ea � If you have any problems with t transnuttal ,� as call us Thank You 3Z Z01t0 3010d IWVIW H.LnOS �0 Ally 80ZL8995986 0e :69 9H9Z /Z��EO 03/21/2006 14:30 3052757102 ACTION SOD INC PAGE 01/01 Esti m ate A.CTION S UD " 5700 SW 123 AVENUE -Date Estimate# MIAMI, F L. 3 3 1 8 3 3/21/2006 1051 TEL (305) 2 7 5 - 7 1 0 0 FAX (305) 275-7 1 0 2 Name 7 Address CITY OF SOUTH MIAMI 6130 SUNSET DRIVE MIAMI, ,FL 33143 PHONE: 305 - 663 -6350 T.-A.M. 305 - 668.7208 Terms Due Date Rep Account # Project ` SHIP TO' P.O. No. COD 3/21/2006 BC Qty Rate Total Description 100 4.5 t 450.00T IXORA MAUI 3 tAL 100 1.75 ✓` 175.00T 450.00T LIRIOPE GREEN 1 GAL TAIWANESE 3 GAL (ONLY IN 3 GAL.) 100 100 4.50 2.50 N 250.00T TXORA CREEPING FIG 1 GAL 100 2.50 rf 250.00T YELLOW LANTANA i GAL 100` 6.00 ✓� 600.00T INDIAN HAWTHORNE 3 GAL t00 10.00 V' 1,000.00T' XANADU 3 GAL ' ip0 3.50 152.00 ✓' 350.00T ✓► 15,200.00T' RUELIA 3'GAL PALLET OF RED MULCH 100 100 152.00 � 1:51200-00T PALLET OF CYPRESS MULCH NOTE; WE DO NOT HAVE ARBORTCOLA GOLDFINGZ , WAX BRONCE LEAF BEGONIA. WE HAVE ARBORICO.LA TRIVET AND CAPELLA. ALSO, W1 HAVE BEGONIA (DWARF). / v 3 3q- Thank you & Have s Nice Day. Subtotal $33,925.00 ACTION SOD CUARANTPPS THE fRA53 T11.1. RR DEIIVEREi1 Af D19R N11, LL6D IN A C(IOD Ah71 16fA1T1RY CONDITION. LIABILITY FG HAW. NO COIYTRDH. OYEE NATTOW OR gEt tir'P PALLET PAST TNF DATE OF bF.LTYDRY. OUR LIASII.TTY TERNINATUS UI'(1N 1IiE Ct1F1OMCRB _ LXranNG gmt GMT 10'4r, INn'GTS, aDAnaR ACCEPTANCE nP TIE PRnDUCT TnRAY. ..Tax(T ) $2,374.75 A ScRvICE U WP.. WILL NF ASSESSFn 0.' UW'A'D ACCOUNTS THAT L1PLOl5 PA,? DUE ACCORDING TO TIE TERN OP SALE AT A PEIt(1M1C RATE 01' 2"G OR 20A PER A cTlSTOMFR AuRD[iS THAT SIiOLRlI IT OD CE.CSARY -To EMPLOY AN ATTORNEY TO ENFnRCR THE TERMS OF THIS CONTifA�1 OA Tt CUSTOIER, CUSTOMER hCRECB TO SHC ATTORNEY FEF's. COURT CASTS AM o11RR APPI- ICAOLE "P'g42S, JF>Ct.tJDlNG APPEAL ClLQ7cAD[R AGRE GRODS Total $36,299.75 S A]STOMFO ALL � foI,1.RRI11N. II+QaRtiIM, TO PAT PIM14F CIIARGE nF 2% PP.R Hnr4TH ON ALt. OYDRDtX ;ACCOUNT. NOT RIS;PDNSIDL: IhtR DAMAtrr TO ImPIPERTY •NF1I QUIT EWIPMENT EWStiRC TIE ,11>R SITE UPON INSTRUCTION OP TtE oNaLR 1Ti ARK CURDR1nE: DELIVERY NF ARE nN1.Y. GOOD ROAD MUST W. PROVIIM- MAR -14 -2006 01:55P FROM:PRRKER SOD LRNDSCAPE 3052700375 TO:3856687208 P,1 South Miami �o Q rrM-lI1NiN.aClti ti - JNGOII 2001 14CITY OF PLEASANT LIV1 o,, CITY of SOUTH MIAMI FLoRjD PUBLIC WORKS DEPARTMENT FACSOULK TRANSMITTAL COYER SHEET DATE: '41-19FIR b TIME:JJOt,,� FAX w - .i D 3 -7,v- PHONE: ,�e,�t- •�! • �T � �i MI I ■11/ FROM: ,I, A J dt df e I& a rye► Public Works Department's Phone No.: (305) 663 -6350 Public Works Department's Fay 'No.: (305) 66 8-7208 No of Pages Sent: (Including Cuversheet) Please fix: gas a quote for the `following plants, based on 100 each. Wax Bronce Leaf Begonia 1 gal y. ► Ixora 3 gal 7-v it 431- Liriope 1, gal a - S Taiwanese Ixora 1 ga 1 7 - = fr Creeping Fig 1 gal 3 Yellow Lantana 1 gal 3 .1'_ ladian ffawthorne 3 gal 7 • T Arbodcola Goldfinger" 3 gal 3r - f? Xanadu 3 gal & . f Ruella Purple Showers 3 gal & -115f 7S &23 S Pallet Red Mulch Ion / 6' 7- b Pallet Cypress Mulch 1 ea 176, , a If ygi have any aroblems,witb this transmittal p1me call us. TbMk You a /tA ti IWVTW HiMS -40 AM 806L899SOE6 9e;LL 7Z /E0 �. �' l✓ f*'? T^`+ ct`."�a'nr— scr-._.c51£"IF;Y ^� .f' � �`n", "� k _ �h T'i'i':. 03/19/2006 15:41 3052581381 MELROSE NURSERY PAGE 02 )ohA C. Fritz NURSERY, INC. Ell. 1926 DESIGNS • LAWNS • TiDGES •' TREES' 26100 S.W. 112th Avenue a HotA,estead,'Florada 33032 Phonc: (305) 258 -3411 a Fax: (305) 25 &1381 Our Epipmeat Is'Da(pcd to MeetAxy PrOblrm March 21. 2006 City of South Miami Public Works Dept. 6130 Sunset Drive So. Miumi, FL 33143 Attu: Mr. Rudy de In Torre Den Mr. dc la TOM: we we herewith submitting proposal to pro vide and install miscellaneous plant material material f or he City of South Miami Public Works Dept. An itemized brealcd wn of requested plant material to be delivered and installed is as fallovva: Wass Leaf Bronze Begonia I gal. (rte $4.00 ea. D Ixora Nona Grmt, 3 gal. @ $9.00 ea. L riope Evergreen Giant, I gal. @ $3.50 ea. Tgwan+ut Ixora, I gal. @ $4.00 s Creeping Fig, 1 gat @ $4.50 ea, 0 Q Yellow Lautwmk I gal. @ $4.00 Ge. Indian Hawthorne, 3 gal. @ $9.50 ea. Arboricola Goidfingeg', 3 gal. @ $10.00 ea. Xanadu, 3 gat. @ $14.00 ea. Ruellia Purple Showers, 3 gal. @ $9.00 ea, Pallet of Red Mulch, $350.00 ea.? Pallet of Cypress Mulch, 5400.00 ea. These prices would include delivery and installation and removal of all debris caused by our work from site. As noted in your memorandum, out Proposal is based upon a minimum order of 100 plants aid one pallet of mulch a MTAT�Z 'LSAI� COUNTY EiF�TTCFf' .PLTRCkASE CiELR -- r - -- - - - -— - -- l ] ' D A00100600.4'Z PRI.3T.';DATA:: 03/244 • /2Ob6 PACE 01 �- - - -- - - _ - - - - - - - — - - - - - - - - - - ' 'V'ENDOR TD a, * *� * * * � � * PRIME 'VENDOR SET ASID2 Ni%x TIC• Ti 7pG EPCi SuBvtNDOR GOAL 00% k'RIMZ VZNDbR COMMITMENT; 009s Skip 'po A SPECZF"TEI] ON , PLEA>SE REFER ALL QUEA't"3ORS C0XC 9XNiN5 THIS ORDER TO: RAMSEY, HERMAN - ----------------------------------------- - - C17; Ii1 EXPR DATE. DISCOYJRT 'TERNS CQNTAACT AMOUNTs00708 15,000,000.00 Bf: NUMBER 67 :2;T 15 / i s PgA ,:QtTAL7F-T ED V'EIMORS FOR• i Uri Tl: iVBPQR BPO Vk" tb ID. spy[ VaND'OR xM :D.TSCC UXT TERMS 04 i s o al e 01 ST,API;E9 M RI%CT 6 C 0W)vRC 't lql INC N,eT3 0 0' '.446750 01 SMJ 11TVESTRONTS INC NE'C1"3 01 i� t ., s: , RQC� R S-. INC NAT a 26J685928 01 CLARA S ORAHAX NET30 39', 87775 01 A5LOP IN00tPOO-TRZ MET30 59•!139151 02 VAAOT -sat INC 1%30NET30 t . NET3`0 33 J ... 5,4A.5 0 7 8 0 5 0j. rJ. & :E QI`IIGE SL7' -PLIES INC 59,!5 4576 01 SUPPLISS ZN rTI."30' 59;!653744 59:!663954 02 03 OFFICS.SUP+PLIES & FJRNITURE INC GFPICE DtPOT IA3G NET30 NET30 65.00.12464 01; i+MkTtff- A880CXATAS OF SOVTII '*LORI-DA INC NET30 6.5 i133L69 01 Ar,p S 3t?sTRrz� INc N3T30 ' 69:.07 9191 03. BEST TllkOTES,ALE : '+OPPI-CM ;lRtX7VPTa CORD NET30 $4!_162746 01 CADDO DrSTON INC. >frv�x�n .2407 6' 84 . 02 CpRPORAt -H �,'xtxk'a- oF'F,T;C r PR3T]iSC'z'S; 7Yv'C NET3b #Me•:•Ye:WMt'�Y Me *di sY MrMek4W:M`. s�7a Yr' it #'k *+kir #{I`. *:Ar'*9r,iC'�?e. �k Yr^o1c:ia'�eM4 it Yk *.a�. *i..�k'Ir ir'�r �r Jr Vr'h i5l:vk *M;iF #'fir 51`Mr *rY Me Ye,k MC B -Je ti� *aY Mr* ; a X-V lM CommoDI -Ty z -u /A3 UNIT COST '�>4 `• t Yr'Ya ye k 1R•iir'Mr 9e SFitt>wt 4t dr•He � +V iki#'k�k* * Mi,Me yr;�k'�dr Ye ifr:f2 �'de dk t'kk ik 1's k �k it # 7r 'N #k'h 9ri� *�l'# #'J+d' Mc �F Xr Me #& * sk f4 * M: MR* Meek:* * * is Nr +k 33 J ... rio ORZ)EI, . _ - - -_ -- _ - - -- c T 3f3p0 b s604 - -2 f320(1.6 PAGE,: ~02 i A rar # *.k *�'w� k *k$�veie>w7F�w *xwk* *stn k4r f�CF;t t CO}YIMQ.LJ Tl TD U rig JNXT COS" k4 * 4 REC it1i Lt .OFPICE SUPPLIMS _ --------------------------- END 'OV IM LIST --------- -- - - -W. � - •,te . A V] -ORI E7 D4PTS /tUS�Its AtTTs0RIZ2D DEPTt C S03 * *x ALLOCATION: C2 Ti};" ID CA;LLVR8 - NAME DOLLAR T,;XXIT`' PTION 1 NUN!'i3ER ki * $15,000,000.00 d ? COSTS OF b+x x:-m Ri?�t+TDC3M .�,U70:,T B. T'HE INSP :?,CT 3R GEi3ERAL AgE TRCORPOktAtft INT-b tKIS CCSfgTR.kdT AS 1 /4 OF 1'k OF THE CONTRACT PRICE THIS CONTRACT 'IS SU3J CT TO A VM 'ACCESS PER UNDER THE COITNZ Y USER. ACCESS, PTtC7G9't•M (UA.P) TN' TNR AKOUN'T OF TWO P3RC:ENT (2%) . THE VEVrOR PROVIDINq GOOPS AM 9$R%tT`GE5 tlNDgR T141B CONTRACT SHALL 2„XVOICE THE COATttACT PR1:CE AND SHALL ACCEPT A8 -rAYHENT THERZO? THB ColgTRACT PRICE LESS T.RE 25 •UAP AS FUZ.iL Ag`1J3 COMPIXTL PA.Y24ENT VOR THE GOODS AND /OR SERVICiiS SPEGTFI?b oN Tmn x:VOICE. TEE c!omTY S3Am RETAIN TNE 2% uh F4R va 3Y tin` CO'UNTY to HELP DEFRAY tE,E COST OF TH12 P?,QCURXMRXT l3koamm. VEk1'i'C}em IN THIS If4V 3 CE REDUCTION 'POR,T109 OV THIS IS A BTJAnXT PUR -CHASE -OLDER COVEAIN€T I MRItOD FROM 03101106 TO 01/31/11 THIS PURtCT POE ORDtR SHALL BE MADE IN OUANTITYES A$10 'T`'Im: rV3 AS REQUESTED BY Tfl.G DEPARTMENT DURING SAID PI; 10r). INVOICING SR -Ali%' aB' ON % PER ORD97 (DELIVERY) BASIS OR ON A HOMILY t VblC,0 BASM PLC ITEMS Itd ACCO� DANCE WI TO BID 'PIZOV'ISXONS An SPECIPICATT ]4rTO A -THE V'E2+t75091 S QLTOT9� OR B D . ES:T'IM&TED QU'ANTt'TZES /'Oki DOLLARS ARE: roR ABco ;)• PL1'k'iP( rma Ou Y. No aaGYxRAN''zvo is MXPR'ESSLD OR IMPLIED AS tO ¢UA,AT"S`T`I'IkiS Algbt 3R F)OLLARS THAT WILL A.CTtr LLY 835 PT ACM89D . Tii3 VERPOR ACCEPTS ALL RISKS ,ASSOCIATED WITH tWNG T1410 nTv6RmATZbx; . 04NTACrP PERSON. TOO T BO'YEI? ( 3 0 5) ' 592-3015 *� FtA3PR,I'N'T;QE' Ri•�T�T.'P, }i,p x,w' 1:)7THC�RI� 'D 'SI' fiATi3RE: I DATE: , r,a, b. .,n•5.•�i W, 4L,J.. ;: r.n.F.� -.. i.,N)ill�,.].... ..lyms 1. MIAM BID NO.: 5380- 2/06 -2 Previous Bid No.: 5380 - 2/06 -1� TITLE: Mobile Equipment Replacement Parts & Service Z- _ COMMODITY CODE NO.: 060 OTR YEARS: 2 LIVING WAGE APPLIES: ® YES ❑ NO b BPO NO.: ABCW0600361 r CONTRACT PERIOD: 02/01/2006 through 01/31/2007 lz��\ AWARD BASED ON MEASURES: ❑ YES ® NO ® SR.EROCUREMENT AGENT: Pablo Martinez ❑ PROCUREMENT AGENT: �y 0 PROCUPXAIENT TECMCM: PHONE. 305 - 375-2102 ❑ Set Aside ❑ Bid Preference Goal ❑ BBE F] HBE - ❑ WBE Owned Firms ❑, Local Preference ❑ CSBE Level ❑ Prevailing Wages (Reso. 90 -143) ❑ ' Living Wage PART #1: VENDOR AWARDED F.E.L N.: 59023236 590577678 591346899 VENDOR: Electric Sales & Service Blanchard Machinery Inc. Power Brake Exchange, Inc. STREET: 340 NE 75 Street 14301 NE 19 Ave P.O. Box 420098 CITY /STATE/ZIP: Nami, F133238 North Miami, F133181 Miami, F133142 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # PHONE: 305- 754 -8646 305- 949 -2581 305- 635 -1120 FAX: 305- 754 - 6398 305 -949 -0747 305- 638 -8351 E -MAIL: • CONTACT PERSON: Ray D. Jberson Scott S. Baxter Michael Kennedy F.E.I.N.: 591402487 591692614 591792145 VENDOR: Palm Truck Centers Inc. Hydraulic Sales & Service, Inc Ace Lawn Mower Service STREET: 2441 South State Rd 7 3700 NW South River Drive 6620 SW 8th Street CITY /STATE /ZIP:, Ft. Lauderdale, F133317 Miami, F133142' Miami, F133144 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # 800 -622 - 6477 PHONE: 954- 584 -3200 305- 6334677 305- 261 -6912 FAX: 954- 584 -3228 305 -638 -5284 305 - 262 -5215 E -MAIL: CONTACT PERSON: David Weiger Fred Orig John B. Fogg Jr. DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 1 ;d s Q Reviad (M/1/(10 03/09/2006 19:32 FAX 305 372 6128 DIV:BIDS /CONT & ADM.DIV. 10002 F.E.I.N.: 591897336 02 592043490 01 592198823 01 VENDOR: Aero Products Corp. Florida Detroit Diesel Rowland Equipment, Inc. STREET: 3705 St Johns Parkway P.O. Box 16595 2900 NW 73 Street CITY /STATE /ZIP: Sanford, F132771 Jacksonville, F132245 Miami, F133147 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 - Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # 888- 253 -8725; PHONE: 407- 330 - 5911' 904- 730 -4227 > 305- 691 -9280 FAX: 866- 854- 1987 904- 739 -9097 305- 693 -8267 E -MAIL: CONTACT PERSON: Angel L. Rivera Kirk Cuccia Brenda Cobb F.E.LN.: 592527359 592812764 593337687 VENDOR: Team Equipment Inc. Ten -8 Fire Equipment National Truck Parts of Florida STREET: 6620 Orchid Lake Rd 2904 59 Ave Drive East 3061 NW 75 Avenue CTTY /STATRIZIP: New Port Richey, Fl 34653 Bradenton, Fl 34203 Miami, F133122 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # 800- 367 -9054 800- 228 -8368 PHONE: 727 - 848 -2424 941- 756 -7779 305 -591 =3200 FAX: 727- 845 -5941 941- 756 -2598 305 - 591 -9239 E -MAIL: CONTACT PERSON: J. Mcmann Row Ribbens Joseph Mucinski F.E.L11T.: 593624496 650128207 650736564 VENDOR: Municipal Equipment Co., LLC Hydraulic Technician Palmetto Ford Truck Sales STREET: 2049 West Central Blvd 3735 NW 78th St Ste B 7245 NW 36 Street CITY /STATE/ZIP: Orlando, F132805 Miami, F133147 Miami, F133166 F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed ' AsNeeded; As Needed TOLL FREE PHONE # 800- 228 -8448 800- 432 -3317 PHONE: 407- 843 =3071 305- 836 -4060 305 -592. -3673 FAX: 877 -775 -2448 305- 836 -1975 305- 470 =1397 E -MAIL. `CONTACT PERSON: Dale West Asriel Sebastian Daniel Yglesias i F.E.LN.: 540715588 591868788 582507812 VENDOR: Old Dominion Brush Co. Dynamic Power Hydraulic, Inc Nortrax Equipment Co. STREET: 5118 Glen Alden Drive 3377 NW 69 Street 4343 N 76 Avenue W CITY /STATE/ZIP: Richmond, Va 23231 Miami, F133147 Miami, FI 33166' F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 Net30 DELIVERY: As Needed As Needed As Needed TOLL FREE PHONE # PHONE: 804- 226 -4433 305- 693 -9797 305 -592 -5740 FAX: 804226 =6914 305- 696 -1559 305 -513 -4353 E-MAIL: odb @theodbco.com Dynamic78 @adetphia.net CONTACT PERSON: Terrina Foxworth Glenn Wyatt Pat McGurk DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 2 AWARD SMET.doc Rwi-d 09/19/00 03/09/2006 19:32 FAX 305 372 6128 DIV:BIDS /CONT & ADM.DIV. 01003 F.E.I.N.• 010552789 Total Truck Parts, Inc. 592044408 Rechtien Int'I Trucks, Inc. 580254510 Genuine Parts Co.(NAPA) VENDOR: STREET: 7270 NW 43 Street. 7227 NW 7e Avenue. P.O Box 520037 CITY /STATE /ZIP: Miami, F133166 Miami, F133166 Miami, FI33178" F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net30 As Needed Net30 As Needed DELIVERY: As Needed TOLL FREE PHONE # 305 -635 -6521 800- 654 -2383 305 305 -599 -2629 PHONE: FAX- 305 -599 -6272 305- 635-4258 -888 -0111 305885 -9230 305- 599 -4876 E-MAIL: CONTACT PERSON: Jack Wilcosky Mike Valle Santy Lopez F.E.LN.: 590197630 Kelly Tractor Co. 592044408 Rechtien Invi Trucks, Inc. 650603700 Clarke Waste Systems, Inc. VENDOR 8255 NW 58* Street 7227 NW 74" Avenue 2651 NW 48" Street STREET: CITY /STATE /ZIP: Miami, F133166 Miami, F133166 Pompano Beach, F133073 F.O.B. TERMS: Destination Destination : Destination PAYMENT TERMS: Net30 As Needed Net30 As Needed Net30 As Needed DELIVERY: TOLL FREE PHONE # 800 -654 -2383 888- 474 -0014 PHONE: 305 -592 -5360 305 -888 -0111 954587 -7380 FAX: 305463 -6081 305 =885 -9230 954- 587 -3164 steve @clarkewaste.com IL, CONTACT PERSON: Ken Chaiser Mike Valle Steven Clarke PART #z: ITEMS AWARDED SEE ATTACHED. PART #3: AWARD INFORMATION BCC ❑ DPM AWARD DATE: 12/18/2001 AGENDA ITEM #: N/A BIDS & CONTRACTS RELEASE DATE: 01 /31/2005 OTR YEAR: 2 OF 2 ADDITIONAL ITEMS ALLOWED:; SEE SECTION 2, PARAGRAPH 2.30 SPECIAL CONDITIONS: INSURANCE TYPE 1 (LABOR ONLY) TOTAL CONTRACT VALUE: $9,270,333.33 USER DEPARTMENTS) DOLLAR ALLOCATED AVIATION DEPT $ 122,000.00 PARK &RECREATION $ 100,000:00 FIRE DEPT. $1,250,000.00 PUBLIC WORKS $ 45,000.00 GSA/FLEET DEPT. $5,300,000.00 SEAPORT $ 88,333.00 TRANSIT $ 587,165.00 WATER '& SEWER DEPT. $1,763,500.00 NIAMI -DADE POLICE $ 5,553.00 DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 3 AWARD sIMT.daa Reviard09h 9/00 .-•� ., �... ,� -„,�, T7.""�,� `°s+�, -° ��'�"?,c��m,����,'"`"- �,Y" -ae'� -. �. �;.. -�-t, ,'�- .;� �-;rs, T;+E€' .,rte, .7'Y c- .._. TO ' d -IdiOi P(J)SMvL•L -C. PROPRSSSIONAL SURVTYOi28 dz MAPPERS February 22, 2406 Olga Caldaval Chief of Staff Village of palmetto Bay 8950 S.W. 152 "d Street Palmetto Bay, Florida 33157 Reference: Proposal for Surveying Services for 17641 Old Cutler Road (Folio # 33 -5035- 000-0012) & adjacent property as further defined on the attached map. Dear Ms Cadaval, Vile are, honored to be considered by the Village of palmetto Bay as a possible contractor. Pursuant to uested. your request, enclosed please flnd our proposal" for the surveying services you req gcoge o wor . per the minimum required standards for AY.TA/ACSM Land Title ALTAJACSM Boundary Survey (as p Surveys) for said property • Locate but not limited to: trees with diatneter/MWcanopy outside protected zone, aboveground utilities, buildings, asphalt pavement, easements, recorded dedications, etc.. • Elevations along subject property (finish floor, crown of road, ground, Ote - -) a Delineate the limits of each of the various Flood Zones lying on said property • Review Schedule B -II Commitment items e • Perform topographic survey on the a portion of adjacent south property Try 16 4' x 344, ) We appreciate the opportunity to submit this proposal and look forward to working with you.lf you have any questions or require any additional information, please call me at 305- 463-0912_ p'RIp FM £ar Td—td $ 3.450-00 TOM The services staffed Yom► will be mmpkted and a muvey mpoat will be FvMed W the ViDage ofFalmetm Bay within fifteen calendar days after the mmmce ofthe Notice to Ptaceed- It is our pQ 0 oompleft our work in Qle most effriat mA cost ple= rest assured that we would Ubli2e OLN m wilh the wm descs W abaft We appseciale the opportu k to best effmU on the client's b&d. We we pmpared P m mk cur pupwd nAbokbwotdlawodcmg W6 You On ft PMect TW AARBiM Nr FOR PROYESSIOM GUKVNYMG gERV=s AM ATrACMW GAL O020TONS Am MRM A» AccEmm p(3j8M, L.G.C. VILLAGE OF? PALMETTO SAY e D. Scurr Date Charles P.S. to C Eduardo M. 3u , Village Manager president, for the Firm :5 !e; 3900 N.W. 79th Avenue Suite 235 Dozal, Florida 33166 Phone 305- 463 -0912 Fax 305- 463 -0913 C C3 s L. L TM/TWA 00 :!91 900E- E0 -NHW Z0'd -1U101 A. c 'K%R1�• February 24, 2006 Eduardo M. Suarez, P.S.M, President P(3)SM, LLC 3900 NW 79' Avenue, Suite 235 Doral, FL 33166 RE: Notice to Proceed Dear Mr. Suarez: We have reviewed your cost proposal dated February 22, 2006 to provide surveying services for the property located at 17641 Old Cutler Road and adjacent land to the south and the southeast. your proposal for $3,450.00 is approved. Accordingly, this letter serves as a Notice to Proceed. Village staff is currently in the process of issuing a purchase order for this activity in accordance with the proposal. A copy of the purchase order will be forwarded to you via fax. please feel free to contact meat (305) 259 -1234, if questions should arise. Sincerely, Olga Cadaval Chief of Staff 8950 Southwest 152, Street, Palmetto Bay, Florida 33157 aAa £T :9T 9002- bZ -93d 0 RESOLUTION NO. 04-48 • A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO . BAY, FLORIDA, RELATING TO CONTRACTS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH P(3)SM, LLC. FOR PROFESSIONAL SURVEYING SERVICES TO SURVEY CORAL REEF PARK; AUTHORIZING THE VILLAGE MANAGER TO ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $15,495.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the village has recently embarked on the development of its Parks Master Plan for the redevelopment of village parks; and, WHEREAS, a survey of Coral Reef Park is necessary to complete the Parks Master Plan; and, WHEREAS, a survey is needed for any future design and, or, construction projects; and,` WHEREAS, P(3)SM, LLC is the lowest bidder for a Coral Reef Park survey. *NW NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AS FOLLOWS: Section 1.. The village manager is authorized to execute the agreement, which is attached as App. 1, with P(3)SM, LLC, in which the P(3)SM shall provide surveyor services for the village for an amount not to exceed $15,495.00. Section 2. This resolution shall take effect immediately upon approval. PASSED and ADOPTED this 14th day c ATTEST: � gh' Pier it e Clerk Mayor' Paged of 2 . . . . . . . . z a • 0 RESOLUTION NO. 04-48 • A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO . BAY, FLORIDA, RELATING TO CONTRACTS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH P(3)SM, LLC. FOR PROFESSIONAL SURVEYING SERVICES TO SURVEY CORAL REEF PARK; AUTHORIZING THE VILLAGE MANAGER TO ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $15,495.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the village has recently embarked on the development of its Parks Master Plan for the redevelopment of village parks; and, WHEREAS, a survey of Coral Reef Park is necessary to complete the Parks Master Plan; and, WHEREAS, a survey is needed for any future design and, or, construction projects; and,` WHEREAS, P(3)SM, LLC is the lowest bidder for a Coral Reef Park survey. *NW NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AS FOLLOWS: Section 1.. The village manager is authorized to execute the agreement, which is attached as App. 1, with P(3)SM, LLC, in which the P(3)SM shall provide surveyor services for the village for an amount not to exceed $15,495.00. Section 2. This resolution shall take effect immediately upon approval. PASSED and ADOPTED this 14th day c ATTEST: � gh' Pier it e Clerk Mayor' Paged of 2 . . . . . . . . t APPROVED AS TO FORM: Earl G allo , Village Attorney FINAL VOTE AT ADOPTION: Council Member Ed Feller Yes Council Member Paul Neidhart Yes Council Member John Breder Yes Vice -Mayor Linda Robinson Yes Mayor Eugene P. Flinn, Jr. Yes \ \02srvplaw \prolaw\ Documents \0293\DAJ\23550.doc-- P (3)SM survery con Page 2 of 2 03/13/2006 14 :09 863- 452 -3878 PRIDE SM &S PAGE 02 MEMORANDUM PRIDE ENTERPRISES TO: CITY OF SOUTH MIAMI FROM: FRA NKL YN CHARLES, IND. MGR SUBJECT: ST. PETE BID DATE: MARCH 13, 2006 Pride Tire Remanufacturing has been doing business with the City of St. Petersburg for the past fourteen (14) years and the City of Cape Coral for the past nine (9) years. We have had no problems and everything is ok: If you have any questions or concerns, please contact the City of St. Petersburg - Mr. Steve Sauas = at (727) 893- 7081, the City of Cape Coral - Melanie — (239) 574 -0892, or myself at (800) 929 -2715. ranklyn Ctlarles, Industry Manager i PRIDE Enterprises, (Prison Rehabilitative Industries and Diversified Enterprises) Page I of 2 L y� F. PRIDE EN i `'.'1'4NA F.P. i GFPJr(GiG 7 News and Information PEE Enterprises Corporate PRIDE Enterprises is an internationally recognized general Information manufacturing and services company. private, -not for - profit Media Coverasae corporation founded in 1981, PRIDE Enterprises has experience and -_ expertise in working in a secure prison environment providing on- the - job training, job placement and support for ex- offenders to help them 3s� PRIDE's successfully transition back into society after a period of Industries incarceration. PRIDE; operates 38 diverse industries in 22 correctional institutions throughout Florida. It has received much M Sales Contacts national and international attention as a model for public/private partnerships, especially regarding the privatization of government functions. Statutory'_ Missions In 1999, the Florida Legislature authorized PRIDE to oversee the federally regulated -Priso Industry Enhancement (PIE) Program. The PIE program,. under federal guidelines, offer businesses the opportunity to utilize the inmate workforce fulfilling the purpose of creatin inmate workstations within prisons while benefiting the production needs of businesses. Headquartered in St. Petersburg, Florida, PRIDE consists of 200 employees and 200 inmate workers and its products and services yield annual sales of over $60 million. Th state has not provided any funds to the corporation and since its inception PRIDE ha contributed over $121 million to the State of Florida in cash, inmate wages, investment 'i state property, victim' restitution, and job training, placement and support services. PRIDE's customer base is divided between state government (55 %), non -state governmer (22 %) and private sector (23 %). A Board of Directors, which_ is appointed by the Governor, provides continuing fiduciar oversight for the State of Florida. Search for:_.. ;'}StarfSearcb,{ , , l�e5et: Telephone: Postal address 727/672 -1987 12425 -28th Street North, Suite 103, St. Petersburg FL 33716, USA Electronic mail FAX: 7271576 -3370 General Information: info @pride- enterprises.com or eknightly@indtc,com Customer Support: customerservice Dpride- enterprises.com Sales: salesadm @pride- enterprises;com Webmaster. webmaster(cD-peol.com http : / /www.peol.comi/defcorp.litm 7/15/2004 -------------- cr LU w w ' a' O m 8 W Cn cm Q ° W _ ¢ "' LU N a y ui r 0 a p O Z a F- 0 a X 4 d - W � 0 Y w w p p. a CC F J Q aLSJ O Cu T C„ LL CC Jo Z 0ZLda a �- Ll U- } o�En O ►-� m 0 I- � z ZU "z¢ W ii O J m « (� ul !L W=—[L I-0 W J LL < -1 �, to Cr tr N V -iOQX -� cc o Q U1 m Li_ c O O m � O p 4 O V a U W p LL � d > 7 CI , IL U _ m 1. • ej ow LL Lf't a M 'Cd C W • r-i pry : � ��,' g Ca ~ y g ~ 4 Q W Q � `T� L11 LL W ��d? to aCC $ao Cn co 03 "' cu 0 �v" 2 1J1 �Lo W ~;kQaag UN LLI Q LLI G W x J i n� W EL D LL o { 4�1 �sx w `� �' U�'' pz rZ S j Y'G C7O0 �. t z W uj CL�2�1Q a VZE . s � .. a � � z Z O 90 39bd S ?WS 3QIdd 8LBE- Z5b -E98 60 :bT 900Z /ET /E0 LIn z "'` °' � I O C N O� N M � O� � co O U1O lo M N n d L o an N p �p O M C N� P N v W LU M A 0 z gr W cm � CC co . 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W Q Q co W y ELI - Lu = O H Z. we waa� � o Z@ MCOHa NIL ?Q> o W � x rwVI tV 0.QdQ o L w _ �wZQ0 M -' 01 _ 39dd SWWS '3QI6d 8LBE -ZSV -698 60 :VT 900Z /ET /E0 03/13/2006 14:09 863- 452 -3878 PRIDE SM &S PAGE 11 ��pt nnrs� c PURCHASE ORDER a SCHOOL DISTRICT OF HILLSBOROUGH COUNTY, FLORIDA a PURCHASING DEPARTMENT PO. P.tS hfulrAb9i %iejl/a:�isn ♦ i�ib .... ..... .......... ......r,. ....:,.�R .� :: :•�:: 479252 l y aa �txeu v ♦ \ r.. 1� vCC :' •I :Y.p.•IIK..'IIA/.} nrt t t J > ..♦ •. ♦:} ♦ .. •r, Jtt.♦ : J .:[ <...0 . .vr♦ :♦ .:. 1 of 2 * sox 3aos TAMPA, FL 33601 i'�. } µµyyyy ii.�J,t� \ ?,j .... :i• <, ! ),� }; Thle number meet appeal an an packnytm, Invokes, shlopinp Import, entl eorreapandencc. Pecking slips EX'aNGEINEDUCJTO TELEPHONE: (813) 272- 4327 FAX: (813) 272 -4007 mustaccompamonahipmems. SEND ORIGINAL INVOICE T0: VENDOR: SHIP TO: l y aa �txeu v ♦ \ r.. 1� vCC :' •I :Y.p.•IIK..'IIA/.} nrt t t J > ..♦ •. ♦:} ♦ .. •r, Jtt.♦ : J .:[ <...0 . .vr♦ :♦ .:. SCHOOL DISTRICT OF HILLSBOROUGH COUNTY `J •. <�ii,4 v�r i r 4 ,\ .h! ���. ATTN: ACCOUNTS PAYABLE DEPARTMENT. PRIDE SUPPLY TRANSPORTATION DEPARTMENT .l.t� PO 'SOX 726 9455 HARNEY ROAD P.O'. BOX 3`408 AVON PARK FL 33826 -0726 THONOTOSABS,A FL 33592 Deliver on February 21, 2006 unlees a TAMPA, FL 33601 (813) 272-4260 Purchase order Currency; United Statel Dollars' s0o- 643 -eA,59 SHIP VIA: <fs r r t r i Deliver to JULIO /TIRE STALL. IrJJV •.. <� \� lY I i t�✓t FiI71Ir3 tiw{11} y 2. SHIPPING TERMS: --------------------------------------- PAYMENT TERMS: Net 30 - days Karon Johnson R13 272 -4331 1 .r.. .. /t�4 �.. •,� Ki � ..,5<1 �.{ rat •i\} Jy. •i7 r J {5�`�tI�R'l7� r. 7A 1 \ j,. ,�� yy.. t L ! i'�. } µµyyyy ii.�J,t� \ ?,j .... :i• <, ! ),� }; 02/21/06 , 39 -00- 124019 -53C February 21, 2006 Ipl�ip+ 7 ♦. ...4. FAA. l y aa �txeu v ♦ \ r.. 1� vCC :' •I :Y.p.•IIK..'IIA/.} nrt t t J > ..♦ •. ♦:} ♦ .. •r, Jtt.♦ : J .:[ <...0 . .vr♦ :♦ .:. •. v', r} t .. r. rt ?... ...:! r, r` `J •. <�ii,4 v�r i r 4 ,\ .h! ���. v tr •:r <n�`'t C J ,r, . .l.t� -------------------------------------------- Deliver on February 21, 2006 unlees a ecUied by line Purchase order Currency; United Statel Dollars' invoice by mail Deliver to JULIO /TIRE STALL. --------------------------------------- ------------------------ 1 RECAP TIRE 52.00 EA 74.4000 3,136 ®.BO RECAP TIRE Deliver To: JULIO /TIRE STALL Requesting Location: 978OR 52.0000 EA Vendor Item Number: 1IR225 -RECAP TIRE Vendor Item Desc: Item Detail; RECAP TIRE 2 SCRAP 5.00 EA 4.5000 22.50 'BCRAP Deliver To: CULIO /TIRE STALL Requesting Location: 97BOR,5.0000•EA Vendor Item Number: SCRAP IN SHOP Vendor Item Deac: Item Detail.: SCRAP A Taxpayer Identification number certification form with the vendor's currant Employer Identification Number or Social Security Number must be on file with the Purchasing Department or the payment will not be issued. We reserve the right to retain any and all shipped merchandise and to deny payment for any charges that are contrary To an awarded contract of this or another governmental agency. See attached for additional general terms and conditions. Please notify the Purchasing Department immediately If you are unable to complete the order 6y the date Specified. VALIDATED AND 51(3NW THIS P.O. IS NOT VALID UNLESS IT CARRIES AN AV MORIZED SIGNATURE VENnr)R rr)pv 03/13/2006 14:09 863 -452 -3878 PRIDE SM &S PAGE 12 of (Onft.a."L" PURCHASE ORDER SCHOOL DISTRICT OF HILLSBOROUGH` COUNTY, FLORIDA PURCHASING DEPARTMENT P d N>Jmber• lidvisioe f►a�g� 479252 C C� MOTO TELEPHONE: (813) 272 -4327 FAX: (813) 272 -4007 mum aacomparryallehipments. 2 OE 2 it P.O. BOX 3408 TAMPA, FL 33601 . l'i ♦o. r .yJ...J5. 40' (�.. W r T* number muez appear an all pnekagee, Invoices, shipping papers, and corrmmpondence. Packing clips C C� MOTO TELEPHONE: (813) 272 -4327 FAX: (813) 272 -4007 mum aacomparryallehipments. VENDOR: SHIP TO: SEND ORIGINAL INVOICE TO: SCHOOL DISTRICT OF HILLSBOROUGH COUNTY ,l h t♦ 4 M ;� 1< .J. {.. �.♦ .�}. A♦ l' u ry..fo- . /,. } .. ?J.. a .a.,.y.. ATTN: ACCOUNTS PAYABLE DEPARTMENT PRIDE BVPPLY TRANSPORTATION DEPARTMENT PO SOX 729 9455 RMWEY ROAD P.O. BOX 3408 AVON PARK FL 33826 -0728 THONOTOSASSA FL 33592 TAMPA, FL 33601 10.00 EA (813) 2724280 25.06 VALVE STEM REPLACEMENT 6DD- 643 - .84,5'9. SHIP VIA: G J+n.. �J �rJ{� �y/y l ♦ r:•r.i• 6 7iJ �L^[i`♦r'/ }f S•'r, ,` ^'n� }'fin t / r� },i ` ; . S ..r {� J J n h i s { > , 4, f <{ ! ♦ r `i l'rrik i.. S r n f q:Srt} ' SHIPPING TERMS: Requesting Location: 9780R 10.0000 EA .J PAYMENT TERMS: Net 30 days- Karon Johnson 813` 272 -4331 - I'-- __j Plea�to y the Purchaaing Department Immediately if you are unamplete the o rder by the date specltled. VALIDATED AND �SIIONED THIS P.O. IS NOT VALID UNLESS IT CARRIES AN AUTHORIZED SIGNATURE -- �z�-� „> � .. • ear. ,. � .., -_:3 �� ,, ���.,. ,. >�, JrJ \ri .i:�� ..J . l'i ♦o. r .yJ...J5. 40' (�.. W r Jr rr l �r �y r., ri�Jt ', ♦�'i,::: J 02/21/06, 39 -00- 124019 -53C February 21, 2006 ,r '? ,l h t♦ 4 M ;� 1< .J. {.. �.♦ .�}. A♦ l' u ry..fo- . /,. } .. ?J.. a .a.,.y.. ] r 41♦ . s.. t .. P61G` ' ] r i r C. r. J 3 VALVE STEM 10.00 EA 2.5000 25.06 VALVE STEM REPLACEMENT Deliver To: J'oI10MRS STALL Requesting Location: 9780R 10.0000 EA Item Detail: VALVE STEM Goods Total: 3,916.30 Order Total: 3,916.30 Plea�to y the Purchaaing Department Immediately if you are unamplete the o rder by the date specltled. VALIDATED AND �SIIONED THIS P.O. IS NOT VALID UNLESS IT CARRIES AN AUTHORIZED SIGNATURE -- �z�-� „> � .. • ear. ,. � .., -_:3 �� ,, ���.,. ,. >�, 03/13/2006 14:09 863- 452 -3878 PRIDE SM &S PAGE 03 PURCHASE ORDER -- CITY L. BOYNTON BEACH, FLC. ,OA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 060794 BOYNTON BEACH, FLORIDA 33425 -0310 DATE: 12/09/05 _VENDOR 2204 SHIP TO: TO: 'PRIDE OF FLORIDA -TIRES City of Boynton Beach PO BOX 917362 WAREHOUSE ORLANDO, FL 32891 -7362 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: WAREHOUSE DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY VOM ITEM PTO. AND DESCRIPTION UNIT COST COST ANNUAL PURCHASE OF RECAP TIRES EFFECTIVE ]?ATE 1.2/09/05 EXPIRAT2�3N b�3 0v 3 0 / 0 6 NO }T> 'Z't3 %fF CEED~ xx: { >' f ? 0.. 00 < s t ws }} REMA��S t t , ANAL BirAfiT10ETW P'tn.2CHASE :ORDE�t` � , • }k>: to 3 s v t } } r IN F t• PROCUREMENT SERVICES: GLC2 P.O. TOTAL: FLORIDA STATE SgALES TAX EXEMPTION. IMPORTANT INSTRUCTIONS 1'AENDER =SEPARATE INVOICE FOR THIS CERTIFICATE NO.50-04-115461-54C ' OUR PURCHASE ORDERNVM13ER MUST APPEAR ON ALL ORDER OR FOR EACH SHIPMENT THEREON PACKAGES, TICKETS, °INVOICES, STATEMENTS, AND " IMMEDIATELY FOLLOWING SHIPMENT. THE CITY OF BOYNTON BEACH 1S EXEMPT FROM CORRESPONDENCE. 2PREPAID FREIGHT CHARGEABLE TO THE FEDERAL EXCISE TAXES: WHERE TAX APPLIES TON Y B BON EAC CITY OF BOYNTON MUST 8E INVOICE MUST SHOW GROSS FRICG, AMOUNT OF THE MAIL INVOICES TO: SUPPORTED BY CARRIER'S RECEIPT. TAX. AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST. P.O. BOX 310 WNVOICES AND STATEMENTS SUBJECT BOYNTON BEACH, FL 33426.0310 TO CASH DISCOUNT SPECIFIED HEREON. ORIGINAL 03/13/2006 14:09 863- 452 -3878 PRIDE SM &S PAGE 04 JRCHASE ORDER SCHOOL BOARD OF 6REVARD COUNTY F; fi3r '�`r�tii},S, }r,rr Vendor: V0000048774 2700 JUDGE FRAN JAMIESON WAY r's217 VIERA. FL. 32940- 6699' PAGE 1 Telephone (321) 631 -1911 P.O. NUMEIER MUST APPEAR ON ALL INVOICES AND CORRESPONDENCE VENDOR:PRIDE ENTERPRISES SHIP T,OTRAN`SPORTATION AVON PARK*TIRE'DIVISION AITN; DALE GUNTHER P 0 BOX 728 2091 'WEST KING STREET AVON PARK FL 33825 -0728- COCOA FL, 32926-5129 PHONE NUMBER321 -633`3681 DATE: 02/22/2006 REn:934082678 1 , r , VNITV AMOUNT' 48 EACH TRN277498 11R22.5RC TIRE 58.6400 2814.72 * * * TERMS &'CONDITIONS THIS IS A CONFIRMATION PURCHASE ORDER. DO NOT DUPLICATE THIS ORDER. TOTAL. 2,814072 100. 2,814,72 atd �T Q x (q( B i y'_�y [ IO P Jyy1!y .AL r PURCHASING CONDITIONS; (See 'Revarsa Side) 1 hereby certify that funds are available in tho budget to 1. Itemized invoice for this purchase shall be rendered cover this Purchase order, and approval Is hereby granted, immwdlntwly following shipmant_ 2, Invoice must be marked ORIGINAL, and sent to "2700 JUDGE FRAN JAMIESON WAY VIERA, FL. 32940.6099 ATTN. ACCOUNTING SERVICES DEPARTMENT ". 3. Unless Unless otharwlse specified, all prices will be F.O.B. destinatian DIRE TOR OF PURCHA G with freight ehargas prepaid. 4. The purchase order number must be shown by the vendor on all related invoices,' delivery papers, bill of loding, packages, and correspondence. The School Board of Oraverd County is nxampt from the 5. Any questions concerning this Purchase order must be directed following #axael io tha ship to address or phone number stated above, t. State of Florida Sales Tax Certificate No. 15- OD- 049213 -$3C 2_ Federal Excise Tax Examotinn r_arw ;,Poe' rd—k— 4e- nr%nn479 k rap- 03/13/2006 14:09 863 -452 -3878 PRIDE SM &S_ PAGE 06 rl t-L a t� . V ?, 11 E R PAGE i( OF AVO N o� Lrder 11:0 East Main Street P.O. # 06038& Avon ]Park, Florida 33825 -3800 (863) 452 -4400 (863) 452 -4413 FAX DATE: 12/09/05 4b . �4 F��tyO VENDOR # 271339 PRIDE ENTERPRISES SHIP TO: P. 0. BOX 917362 CITY OF AVON PARK ORLANDO, FL 22891-7362 2 3 01 US 27 SOUTH AVON PARK, 'FL 33825 DE IVER.BY: NERMS 1207/05 CONFIRM BY CONFIRM TO RE UISITIONED BY BERMUDEZ, LILYANN JE TREDGE FREIGHT ACCOUNT NO. PROJECT REQ. PTO. RE DATE 403- 0451 - 534 .46 -20 600000444 1207/05 LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 7.00 EA RECAP TIRES FOR TRUCKS 78.7500 551.2 °5 SUB- TOTAL 551.25 TOTAL ". 551.25 !�GIt2 T �Z; The above Purchase Order number must appear on all T,nvo ecs, City of Avon Park Sales Tax Exern ptWo. 38- 01- 009514 -54C Bills of Lading, and Acknowledgments relating to the PO. City of Avon Park, Taxpayer T.D, No. 59- 6000269 7 7 sm d'7`£A- a,=i?".i o o v wW w ga ER ~ z xw cn U N. o to s rri ct Q�gL MN �1 y'C U. �4L Jrn H F- LU b O O e- O oW VX:ao LU b � m m C co p � m l �-W a E+ OW j U r x w U3 a 'q c N � o M v �+ co Lo O G a O �' w trl G v v $4 k d 0 G M a o .� m O in pQyy+ T �y d N (d lC p - F ro c� y a b CS y y c� 9 2 as w cQv [q� O o C H RA N O O ° G ro C w ca co cv U N ° v M OR a m E im 0) co v, a CD CD CD ca 40 y. NN►J QUJ7. oq N _m CD U C9 U 'mM romWC7 5 O 39 w ja Ln m m -qm0RC o as a� °' :HA 5wQm m � � �f T�� pq� �o ~ n U E N t1 V s cn~ 13 ®°to E-p ¢14 ca m en O � � � "� OW. � � _tea m U �0 C" ,, ally. •w a M O d O fm ¢ HU Q° LL Q a � U CL Z 2 Q O C O a0 H Z O D f3 [ v x w C%j E � 0 c �{ CD wp►� id a M z OU�� U� U�W'� 4 ®m u° z V CO Q ' o o�m o,�m T s LL o 0 0 E Ja. j W ►� p O O p Q Z ''',, b 'p W G. W xd H Q E+ d m a tL a Q W a W o a w �y U V! S. I-I PI E-0 r fn (o :+.41 A N..p 1" 1 w L0 30Vd SWWS 3QINd 8LSE -ZSb -698 GO:V1 900Z /ET /E0 State Contracts, Agreements and Price Lists / Purchasing / DMS Home - DMS Page 1 of 2 Search all (including archived) for keywords and phrases: u SEARCH State Contracts, Agreements and Price Lists Search Directions Use the above search field to find information pertaining to State Contracts, Agreements and Price Lists. (For example: vendor name, product name, or service) Partial searches are allowed using the wildcard *. (For example: *service or service*) Click one of the linked column titles: "Number ", "Name ", "Start ", or "End" to sort the list you are viewing. State Terra Contracts Use of State Term Contracts is mandatory for state agencies, in accordance with s. 287.056 Florida Statutes. Exceptions to mandatory usage are set forth in Rule 60A- 1.044, Florida Administrative Code. Other eligible users of State Term Contracts include those local government entities identified in Rule 60A- 1.005, FAC: Alternate Contract Source Alternate Contract Sources for commodities and services are available for purchase by state agencies, in accordance with rule 60A- 1.047, FAC. Purchase from these alternate contract sources by political subdivisions (cities, counties, school boards, etc.) cannot be approved or disapproved by the Dept of Management Services, but is dependent upon local ordinances and regulations governing procurement. Click here for more information on Alternate Contract Source (ACS) and Western States Contracting Alliance (WSCAL http: / /dms.myflorida.com/dms/ layout /set/print/content /view /full/4107 3/30/2006 Statutes & Constitution :View Statutes >2005- >Ch0946- >Section 515 flsenate.gov Page 1 of 2 Home Select Year: 12005 Irl C Session i Committees I► Senators I► The 2005 Florida Statutes information Center 0 Title XLVII Chapter 946 Statutes ft Constitution i CRIMINAL PROCEDURE AND INMATE LABOR AND CORRECTIONAL Lobbyist Information t CORRECTIONS WORK PROGRAMS 946.515 Use of goods and services produced in correctional work programs.- - Session: 2006 (1) Any service or item manufactured, processed, grown, or produced by the corpoi Bill #: Go correctional work program may be furnished or sold to any legislative, executive, or of the state, any political subdivision, any other state, any foreign entity or agent tl agency of the Federal Government, to any contract vendor for such agencies or any MIMIN - of the contract vendor, or to any person, firm, or business entity if not prohibited b- Session: 2006 - (2) No similar product or service of comparable price and quality found necessary fi Chamber. senate state agency may be purchased from any source other than the corporation if the cc e- certifies that the product is manufactured by, or the service is provided by, inmates Search, product or service meets the comparable performance specifications and comparabi quality requirements as specified under s. 287.042(1)(f) or as determined by an indi I! as provided in this section. The purchasing authority of any such state agency may n " determinations of need, price, and quality with reference to ;products or services av the corporation. in the event of a dispute between the corporation and any purchas Year: 2o05 • based upon price or quality under this section or s. 287.042(1 )(f), either party may t Search hearing with the Department of Management Services and if not resolved, either pal a proceeding pursuant to ss. 120.569 and 120.57, which shall be referred to the <Divi Administrative Hearings within 60 days after such request, to resolve any dispute un • section. No party is entitled to any appeal pursuant to s. 120.68. Enter Your Zip +4 Code: (3) Agricultural commodities, including, but not limited to, sugar cane, vegetables, co products, may be sold to private entities or may be sold or disposed of as provided i (1) and (2). N� fi, � (4) The provisions of part I of chapter 287 do not apply to any purchases of commoc Reader contractual services made by any legislative, executive, or judicial agency of the st< corporation. (5) In addition, the corporation may contract to provide inmate services or inmate enterprise, where such services or goods are under the direct supervision of the corl further, where it is determined by the Governor that the corporation by the provisic services or goods does not unreasonably seek to compete with other businesses in "tt (6) If, pursuant to a contract between any legislative, executive, or judicial agency and any private contract vendor, 'a product or service is required by the Department Management Services or on behalf of any state agency, is certified by or is available http: / /www.flsenate.gov /Statutes /index.cfm ?App_ node= Display_Statute &Search String =... 3/30/2006 p Statutes & Constitution :View Statutes >2005- >Ch0946- >Section 515 flsenate.gov ]Page 2 of 2 corporation identified in this chapter, and has been approved in accordance with su the contract must contain the following language: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRA( SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDEI CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2), AND (4), F.S.;,AN1 PURPOSES OF THIS CONTRACT THE 'PERSON, FIRM, OR OTHER BUSI ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEAL: WITH SUCH CORPORATION ARE CONCERNED. (7) The provisions of s. 946.518 do not apply to this section. History. - -s. 2, ch. 83- 209; s. 1, ch. 85 -194; s. 46, ch. 86-183; ss. 4, 14, ch. 87 -286; s. 318,, ch. 92- 279; s. 55, ch. 92 -326; s. 38, ch. 95 -283; s. 7, ch. 96 -270; s. 323, ch. ' ch. 97 -227; s.`105, ch. 98 -279; s. 7, ch. 99- 260 ;,s. 17 ch. 2000 -155. Note. -- Former s. 946.15. Session: Bills - Calendars • Journals Citator - Search • Appropriations Redistricting Vide( Reports Committees: Committee Pages - Committee Publications • Meeting, Packets Committee Reports Senators: President's Paee -V Member `Pages • 'District Information - find Your Legislators Information Center: _'Introduction • About the Legislature Publications - Glossary - Help - Emr Statutes £t Constitution: Introduction View Statutes - Search Statutes • Constitution • Laws of Lobbyist Information: Introduction • Lists • Legislative Directory - Guide Book - Forms Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for of Copyright © 2000 -2005 State of Florida. Privacy Statement. http: / /www.flsenate.gov /Statutes /index.cfm ?App, mode= Display Statute &Search String =... 3/30/2006 FR(p :City of Miami Springs FAX NO. :305 8055177 Oat. 07 2005 H3:24PM: PI PURCHASE 0R1) 3R FEE; 1 P.Q. #: 060097 INVOICE TO: DATE: 10/06/05 F tY ME I M�zV 2 01 TWARU n RIvE FIRST M FLOOR NC�fi rL 331663253 _ TO! SOUTH FLORIDA MAINTENANCE SERV SHIP TO 9700 NW 79 AVENCJEi CITY OF MIAMI SPRINM MIAMI , F L 33016 P LIC WORKS PEP- ARTMENT 345 140RTMIt RQYAL L'EL {305) 818 -2,424 pCIXNGIl A 1B0t7I,LVARD MIAMI SPRINGS, FL 33156 :'AX# (34r} A3.8 -2428 � WDOR # I ?E I �t`SY; gHIP V ; :.001/05 BEST fiGI Y L199TIN iTION TERMS ('QNFZR?4 $Y CONFIRM TG REQUISITIOMD BY CHRISTIAN IN'FARTE MO'IRA E. RAMOS R REP-SANDIZID ' YOEZLE .CCOTJxT NO. 135 - 0903- 541.34 -00 RE4. §00 1D t31% 5 I lNE# QU ITY DOM ITEM NO. AND DESCRIPTIC N tWlT CGS EX COST 1 04.00 EA STRI~ET SWEEPIkU SERVICES 254,330 26450.32 F rBSTDZ 05[06 C NCI APPR 9/26/05 sua -IOTA 26450.32 TOTAL 26450.32 tot <DiPjo - 10/010 ckobo—,c� ,pr-, 91obl moo, AtMH0RTc7Kn RY Z l ;I ®lu Cm- _ v % D AWARD CONTRACT THIS AGREEMENT made and ntexed rota this Friday, August 27, 2004, by and between the CI Y 1�r, MIAMI SPRINGS, a Municipal Corporation organized and e�istingl under the Laws Of the State of Florida, i (hereinafter rerelere to as "City "), and South r1arida Maintenance Sarvices, Inn. (hlrei af+ r referred to as" "Contractor "); t I T N E S' S E -'T H WHEREAS, the City b Miami, Springs has determined it is necessary and in the best �Ublic i terest to establish a contract for ciTy KiDz STREET SWEEPING L-,A jz T;j atui, f WHEREAS, Th Ci -y o Miami Springs has solicited certain bids for :I I CI 'Y WIDE S�'MET 6E I ; WHEREAS, "Conti cto " has properly submitted its hid for CITY I i WIDE STREET SWEEi..ING a;s set forth, in the attached Contract Documents and in accordance wi h i e torFns and conditions thereof; and, j WHEREAS, th( C tyi dministration and the City of Miami Springs City Council ha,�e fete mined that the bid of. "Contractor" is the lowest• bidder nteeting specifications received for certain items i pursuant. to its u invitation tc to d; and, WHEREAS, thi City.; f Miami. Springs City Council accepted the bid of "Contractor" Ito prb ide CITY WIDE STREET SWEEPING at its City Council Meeting bf iUGOIT 23t'', 2064 and directed the preparation of I this Bid Award Cdntr ctiI for execution by the City and "Contractor "; NOW, THEREFi�xE, th parties to this Agreement hereby agree as follows: I 8i Awazd.Contract Page 1 of 5 i �":}, .�F-,e n;cn°:- ,^'�n...� '3 e"'°et.i ,"�^Pi' +'^{°'^ 'R.;'s."- .',?,.'n'7,Rff� -°'; t','' -•f I. That the fo low rig listed "Contract Documents" for this bid award are attached hiret a.n by this specific reference made a part hereof, to -wit: a) The Legal N tic to Bidders b) General Conciti6ns nd Instructions c) Sweep specikica� on d) Bid Proposal 2. That the pa�ties m tually agree to be bound by the aforesaid "Contract Documents11 in th administration and completion of this Contract 3. That this Bid Aw rd Contract'-shall encompass the following wank to be performed by the : ontractor, toy -wit: CITY WIDE STRE T S EEP NG as is more fully described in contract documents att shed hereto. 4. That "Cont ac or" agrees to provide, all corvices, materials, and equipment necessar - fo tike timely completion of its ;duties and reponsibilitiies as set fo th in its bid and all other referenced and attached "Contract ocu ent ". 5. That "Cit " gre s .to make all 'payments to "contractor, for all work performed in ac rdance with the t'Prms and conditions for payment u=taincd 3l tMp r ferenced and attached "Contract Documents 6. That no wit sta ding anything contained herein to the contrary, the parties her to mutually acknowledge that in the event that no funds or insuff'cient tunds are budgeted and appropriated during any term a t c ontrar..t for the payment of the obligations hereunder to contact r,: the city's - obligations 'under.- this contract shall automaticall t rmi ate on the last day of the fiscal year in which funds were budge ed and appropriated for this contract. Bid ward Contract Page 2 of 5 I 7. That•any n tic which either party is required or may desire to give to the othe� u der this agreements, shall be in writing and •shall be given by xelist red or Certified mail, return receipt requested, postage repid, addresood to the respective party at its address .shown in the con rac -documents attached hereto. 8. That show d' 't .b come necessary for either party to this Contract to bring s it e`force any provisions hereof or for damages on account of any b eac of this Contract, the prevailing party on any issue in any ouch li ig,� Ann, and any appeals therefrom shall be entitled to recover fro t e other party, in addition' to any damages or other relief gr'a ted as a result of. such litigation, all costs and expenses of such litig do and a reasonable attorneys fee as fixed by the court. IN WITNESS ER OF, the parties hereto have executed this Contract 'on the ay an date first above written in five (5) counterparts, each Lf hic; shall., without proof or accounting for the other counterpart, Le d em d to be an original Contract. id ward Contract 'Page 3 of 5 i I CI�'Y OF MIAMI SPRINGS' A Municipal. Corporation ATTEST; n BY ity tanager Jame d�? clerk Magal ails, CMC, City ' (Seal) • etsonally appear�PH JAMES BEFORE ME th un ers fined the a City Manager and City Clerk, R, 'BORGMANN an MIAGA $ VALLS, ectively, o� th4 CL y of Miami Springs, res personally, kn1own to, e, or ,aced idenit ficat' on that they 'riavP executed the prod std�e who, . after beinl daily warn .by me, foregoing Contr�ct ior: he purposes therein expressed. ry 1 ? day of is ,,.., 2004 SWORN TO AND SU SGpt�IBED before me thin __L2 r My COMMISSION EPI1 S NOTARX PUBLIC, State of. Florida At Large printed Name pkC[AIINOTARY 6 B A RO$INSCa IDA NOTARY PL18 mST COJAWS91)N Nd, flD�B MY CdMM1S5�UN' • i i iage 9 �i 5 Hid. Award Contract, W i 4,07'h FLORI DA MkINTZNANCE SVC . , INC. W (Seal} T - WFiowo C bn #"Cg"43 M1►� BEFORE ME the urde i ned autnorit Y, personally appeared an - c the U t!_r crr�1 and Y rupee iv!ely, of SOUTH FLORIDA MAINTENANCE SVC, INC., 7 personally known to me!, or produced: identiLc ion ei -L..2, who, after being dus sworn by me, state that they have executed the foregoing Contaact for the purposes therein expressed. SWORN TO AND SUBSC I$E be ore me this %+% day of t -_k 2004. � ` L MY COMMISSION PXPI ES. -7 �• j NOTARY 'PUBLIC, State;'p'p F orida At Large Frinted Name i L i i D Cl F1 arcJ C0nLtauL Foyv 5 o 5 i L .. � :. e,� is ., m, e :- r . �, . , � • . , -. � ,.� MIAMI DADE COLLEGE PAGE 01/03 10:05 3f�5237�895 j C o Is - qag MIAMI DA E CO' LEGS MimiDade PURGHASINC a PA ENT collet „01, s;. ,W II ` «Page , .. trjl� MJOK as, PURCHAW ORDER pmWilz P -20CM 00 020377 REFER 'ALL INQUIRES TO: vpwR No. 592766987 DA'TO: 'I W19=05 MONICA V. GARCI,A Buyw vffmR f= Rli l 11 II Inkdfcl3sC AFd dagverlBB IS1wIS raimrttte Sb® alfGero Pueftas ordo ,tdumbr. involcm which do nbl a rOleat the PurohmM Ckdar Mtnttbw uAll be mu—d- r petit #tW must bg 1 eft to the Bacatlatt rOad on , • ' ' OfdAG F911ara td llhlp tt1111AA oorr2Cfi emnr� may M'` I , " ; ? , � .,: r�apik in'ptq+merlt datnke �lndior bBt items. .,I •�'' " • '� MAIL INVoiass iN OUPUCATO TO, S6"11h� MIAMI 1JA17f COLLEGE 4 »' , di ACCOUNT61rat��e► rr Ia6PARTAf M TO. WI�3G�N �� ,�mi s w. 104th AKA O IIyI . C Iil S�" IYgetni, �ia�d�t DA ; � ►`.. DELNERY TO BE COMPLETED By MAk FURNISH US I E'cbRr GE t� ALL GOt�i01T1 S l�I� 1F 191) IN THIS PU19cmASE OROES INOWDING THE OoNomoNS ON THE fiE RSF VOE HEREOF r AA1M or idzD POWER 5WEVING OF SAS DAM I 1 Ssgv�CS c (XT r >:'4R Ct .9mvIcEs 1.00 YR 73 "273.04 73, 273.04 or PMKIM LOTS Tim T His P.2k ' IN=, ON TUESDAY, 7lMSDAY AND SVNDAY NMI . I jdpdi ' S TO HE DWE FsF;Tomm THE Homy OF' 10 a0 F� 5100 AN AS PER BID NOTES AM 9P>3CI>?'o ICNj.i COV& THE �,x� o ,7V�•X 1, aoa5 Mao= E� 3p, 204 =TEa 1+VgT ST(W 1; LVD ITY OFFICE XT um C US" 8EF0�E 8 NG WORK A= WK= JOB Em 1330 C �r E Eta POWER SNE;Sp=G OF TES E Ci o imrs AT THE Ckwvss$ LIST£D E&L.OW: me : UIousom CAM US ! �J J� " MEDICAL CAN 'i15 500 kt -E. 2fi11D xV k1fJ>;' i 3D tf -W- 20TV STRE i` rt e, F 33132 AN=, VL 33127 dAtTs 627 S.W. 27 A XEAXI, OE, * 313 t :x Ito > inue =to ; next page * j E 'lIS 831,11 C QR R t$r R '►l IR . L TOTAL .B. Tn"b, Or N 1maarc1%-% V- =tblMr • IA on q -oft lv&ftaR eo awls all ta�ul m eq Na It.= a6dn E t ro.Ordar 11VA we ale +n mlf 77 R td y[at 0moll"Ieht1t01 fill rate of r tilt eettltkatt• No. w wa ?i t nee. WWI R eek, an a,e nry, ardmpn�laftr,ortdn+lns° ,nroro. M Y1CAY ETMi . MQRA I :I MIAMI DADE COLLEGE P� 02/ 03 1 tf 19f 2005 10: 09 3052372895 MIAMI DA E 01 MI LEG E Dade PURCHASII 1 D �' ' ENT -S�l RW 2. PURCHASE ORDER Phf�llflt P -2006 00020377 1 FJEFFR ALL INQUIRES TO GA rrel Eot ima. 5227M87 + DAM- IC0912OQ5 MONICA V. RCIA „, r B4JYPR MOOR L �" i�► � ��� mac. Ilwblvts ana aelr�r�e r�rwloe gtq ettvve Purelhasv Order 'Numter. Involem which do net ,a�i Q 1+ 1N t l#! ton�ct tie Fumber order NumbN vwlllt as r tum� lis+m, hA mode m 1be Tocadon norm on { theotd4W. Folhto4tosniptpLtteboRSCtsnilre�o1 /y M r�sutt In paymont delver enatas toes halos frl�ttL INV01CeR IN DUf�1,f0ATE 'I'O NAmml DAW COLLEGR PAY SHIP D r:: r, ,. i . $ ACCOUI$'t'� IAKE p9PA ' MONT t,nt S.w.,o+lll+smet To "•� Ir ' iHl�tl'll, Flartl,�, BataG.$3fla „rCUI"Fr;i"111�L.6�k AMP i, p�LIVI:RY T4 a8 COMPLETED By FURNISH US IN AOCOR13MCE WITH ALL C(d+1 TION9 $plt �FIEQ IN THIS �'UMHMF ORDER IN CU1iiING zti� GotvCrlTfDNw Qhf THE Rf�ERBE ..tve WSREOF • �iQ1 A � TD •' I i:i'- t f3rar.F;bix CM US 9lTFS1" CAMPUS 17'P5 WAST` 49 STREET x600 NW 11$ AVJ' �ITAL>Z, rL 33012 bit)m r F'Lr 3317 e AmoRTZ�..D SZC•17a�i'1'UI 9 C �uC ' PMSOft: a�+A WI>;LIt3 A'1' (305) 137. 29001 NOTE: AMXTIOIQAI, SUMCt FO 1'0 gQEEPI iG OF PA +3 LOT AVFAOIAND S VOR '1'PIL rOLLQWrgG CAWUM 1. mc, i mmhL.L CRUM ktC, NORTH CAMPUS 11011 O.W. 106 STRMx W50 N.9a. 27 AVOUS III, VLORZDA 33176 �. nORIDA 33x67 EmmEp k6bouxos, emrm 3 VA. I', L r MoRII7A fi Od N gMkVXCE .20 B=N OCTODER 11, 20O� ' FMU J= 30, ' 2006 I I •• ALL I:AIPI,ti't3'iNR71QN TOTAAL $73.233.C!� ►�i i �ki»E ffNa�Dat�l M, to 46 r. tli Rtbli. 'li: pmom oea�rG F. , , • In R1 014• ldo �I! r nw 1Jy �eoA " ` 1 ,g xo, a- bCrAm� I {184a, aaan Rr�sl , P j 111 ,. Inc a Fklttdeihx 4�nittlebt� s7o; nn rnt coast ra if a!1 pe 131E: of CT M� an te. to cnatl. r, nnllolle ol1 nix. ens+ e - agales�I•SiC uol,>. l ntlda inn nlgtelauoneo nnnolntns orcrmld,. 14119120 @5 10: H9 3 @522135 �' MIAMI DADE COLLEGE PpC,`f= 63193 RMS AND CONDMONs IiEJa1/EI Y: "W'dom Sundays and IkWy 9mmptsd. deiiuert Shall be mode peen 6,00 AM anff 4:p0 FM- Merchandise shall be unloaded st Q recaium s rf SO peoelve►d tiro by #U'te designAW a�geehk o, ire Galls e, IR d9fiveXyy tickat or ore Copy of the pnvolea "hall. accompartyr aab d flv If � materib'Is not d elivired WIND tho spe0ied {�M ''Nrchaher mor"s the f sht .Q CeM+Cel tf�e order or ony oprt tl►d�rtral" RECNIVING AND I1SPOCTIONa 11v it= r4 which do net iulflll all requirematib MAII It* rbjW44 Rejected ftm a shall be' removed and replwo pray: FMY tI y tt a �purqm" r r At no Go" to the pcR atweer. INVOICES: t'*trcfcea mus rs#aco orde r number ad contain Item degioripptt�ons, quantities, anlW and prtce� r 5e;or+E!;;paymsyrt can be prodes&e'd. Fa6h pur 'haaa droor moat he invoiced separately. I "Original" and duplicam copy of lr►vc Ito: MiAim !t'lADE COLLEGE ACCOUNTS PAYABLE DEPAR'T'MENT LO, 11130W, 104th Street lo rid* 33176 -33� Q: (305) 237 --231 9v tm@ InvQidpo Which tau to MR ! th billinst addlwe or the MOO purohwie order nut -atw an s'-ttd moove, drill t va unnecessary decays In pr+aeesiing n DISCOUNTS; AN educationid dlal,o= Incl othw dlscourrts Tar prompt ps}amuM shall apply. TAX IMON: Tho Callao n slata� i P16 die SgWv Tax Exemption IAumSer x,�;i� --U9 5�4��aTC. `tax Exemption CeM icaW wM bfurnisl d on request. I FROM : BaB CAMINITI FACILITIL MA INi FFo( Nil ` : 9S4 978 1139 se :...:. ICU U! COUNW COMMISSION EX nn�s EEO +, FLORIDA � neie+ rrmar w MIAIL 11,110; -try INVOICE Ants B C7WAR13 COUNTY - 11-5 rn�` i%TIi3S NUMSER 'COPY OF PURCHASE ORDP-ki TO ACCOUMiNG DIVISION ON ALL WIVOICES PO. Aft 14740 _ ... I Fan Lauderdaft Fb6da SM -4'740 AND REfFRi NGES SHIP TO: "RC:WAR_ 00ONTY MASS TRANS, T PH ;. 1954) - 357 -8=3 'BM D RI 2eOl WEST COPANS Rog)) ` N hLsou-1 H q m m ! SERVIC=S ti 9700 NW 79 2 H VENUE ilTA cI FL 301,6 _ Fo -NATION ;, ! EERY DUE UPS, f :1.� .N _r.,.aev .�IawZ�;, ;,_3 —n s' _•a r�.n 001 ?61770010004 9 T. SET rroll_Ep ima SERVICES r!4'�Yii�: - i- fi�.'+•i ssA;�.�r��iG �O�A#�''� r?_lwy iu a P -70.00 S4G Y Cs� OOE 961770010000 EEC �`rTF- EPP14G SERVICES LC E EA, a ISO. 00 360. k0 41 -U -D: 4500 AGCY i OZZ CRG o 97.20 QgJ 5. 4610 ACT: 5440 TOTAL ORDER $900.00 TO U01 PAYMENT DELAYS PLEASE VRql T LV)':PAN �q�ry'7'fS AIDORC t=E1?ERAtt eiF'�.�*r'? t� zr'?E3�e'?r:.C� OAi tdU SFEI- .jjj:1%'TEL` I . '� Grp OF "? wzs to r NT. TF ERi�ft9 € RED -�° T -0 GO C: THE PURCHASING �T�i_SIOhi A'T' S$34 l 3�i- •��}��. G0 Q=AMON F ORUEST 9 lit RAPOHniAM': NO 0.0-D.-$ OR,COLLWt SNlPIN> MWILL I&E ACCEF'TEM UPE MOO SHG= WITH OF1IVEW WHERE APPLIVAISM . E+OR iota MW ON Q!W1`ATidN 119bIUOT FOR DEiAIhS) t .ORlDA SAFES TAX EXEMPT t�t0.16.0 t ma A01FRDVED ' MM;ALTAX FXFMP'WN MCL AMNORIZED MNATURE QA PER INVOM — SEE REVOISE SIDE FMM wn 165,A Mr-V. in/= VENDOR COPY %J The City of Coral Gables Purchasing Department 2800 S.W. 72ND. AVENUE MIAMI, FLORIDA 33155 September 17, 2004 Attn: Mr. Jose Infante South Florida Maintenance Services, Inc: 9700 NW 791h Avenue Miami, FL 33016 Dear Mr. Infante; Congratulations; The City Commission, on September 14, 2004, has authorized the City Managers to execute a contract for your proposal for the US 1 Landscaping Maintenance RFP submitted on July 8, 2004 for two (2) years and two (2) additional options to renew of two (2) years each, not to exceed the amount of $136,850.00 per year. Attached are three (3) Professional Service Agreements originals, all must be signed and notarized and returned to us at your earliest convenience. Along with the signed contracts we also need a copy of your Certificate of Insurance as specified on Section 4.0 of the RFP; a copy of Section 4.0 has been attached for your review. Thanking you in advance for your help and cooperation. Your prompt attention in this matter is greatly appreciated. Should you have any questions, please feel free to contact me at 305 -460 -5121 or via email at jrodri uez2L?coraluables.com: S' erely, oe V. Rodriguez, Inventory Control / Buyer City of Coral Gables Procurement Department CC: files s PO. Box 141549 CORAL GABLES, FLORIDA 3 3134-1549 PHONE (305) 460 -5101 _ y i 01113/2006 FRI 16:43 FAX � �j441f01t; • i U» # 2004 -01 -01 CONTRACT FOR 1, CAPP,1V1<A MNANCE SERVICES THIS AMEEWN'T ' mad this � �� day' of t V 2004 by and between the Town of Miami lakes; IVIG►llada 'Ac "Town') emd Saudi Awida Mainte mrc Servioeg, 111c. (thr, ""Contractvz'�, The parties, for the cort idera on provided ibr below, mutually agree as fmlows: 1. MP, OFD WCIRK he atractur xhall. fumish all labor, materials, supervision, equiipment, supplies, an inoidmz uired to perform the scope of wont as oaditned in the. D tailed Reuircments of this Aiream ens, attached as Fichibit "A" (tl a "Work ") 2. gmsm AT1(>hN, P Y N T- 2.1 Con Motor shalt Pwvi$e the. Town with an invoice on a monthly basis within ten (I0) drays of the end of each mon fit g tbo servilm provided in the preceding wow 2.2 'C'he Town shah in payment an Said. invoices of approved aamzta duc, as required uadEw the Florida. P ,r 6pt Pae� cut Aut. No payments shall be due or payable for Work not perbarmod or materials 11Ift knished. if there is a; dispute with regard to an invoice, the Town. may withhold payment until ill requested supporting materials are received from Cnntra;ctrx and the dislrute is resolved, 1.3 The Contmtor ihall Ta cmpcnsatcd at Oil; vuit prices speaitled in'tlie Bid ?proposal based upon the actual Work eompl ted for the month. The total campensatioa under this Agreement shall not exceed $53$,5 .00 �er ye$r. I'll 3, IM- Tbia Agreeme t shall be effective upon execution by both patties and still continue for a 1 of three! year , its sole discrctivv, the Town shall leave an optiort to renew this Agreement upon the smile trlt �ns aw Conditions for up to two (2) additional years (tm `OOptiole). This Option may be exercised at the sole discretion of Me 'down Manager. Such'extensian shall be +effective upon. receipt of a tatcoftennination. ton notice from the Town Manager to the Contractor received no later than 30 daysi priers the 4. PR(1 C' UN i?El?lR,alp lA�TY AND THE PY.UIC- The Contractor shall continuously maintain adequate 'ptotbctian lI.of all. his Work fi-o damage and shall protect public and private property fimn injury or foss at�sir►g n can[iiection wi(h this Agrecm nt as follows' The Caectaetor rha11- lake all ncccssarry €eaautiorls fur the sapet of vtn to es i p Y 1� Yc n the performance of the vii )rk on about or adjacent to the work sites, end shall comply with all applicable provisions 6f F oral, State, and local laws, including, but not limited fn the requirements of the Occupati nal Safety and health Act of. 1.970, and amendments ther¢to, and iiii building codes to prcv�,nt aeeldcnts or injury to persons on, about or adjacent to the work site where the Work is mein perfurmod, PC -1 ^� �►aa����s al /1�z044 RR.T. 16:04 FAX I l 41 The Contraoor shall erect and properly m9atsin at all times, all necessary safvgustds, including suffickat ligfits ap danger signsls on or near the Work, `from sunset to sunrise, suitable mailings, barricades, orbI 0th' hazards or other protective doviees about wilitished work, open brwohes, embankineri. orb hazards ad obs etions to tide; Provide all, necessary security staff on the Work by day or b night for the safety of tho pnbk —, and take all neomsary precautions to prevent accidents inj to to persons or property on or near the Work, 4.3 The Co or sI1aL1 a completely responsible for, arid, shall replace and make good all loss, injury, or damage to a property (including landscaping, walks, drives, or structures of the Town and of auy tan adjdining the work site), which ruay be caused by Contractor. The Contractor shall at et t3 while tho Work ix in progrr4s, use cxtmo4aary case to see that adjacent properly, whedw to or personal, is not endangered in any way by reason of fire, water, or cunMcl~ on vpeKatx�ns, ;arid shrill take all necessary or direoW steps, to protect the property. The Contractor agraw to res ore the Work site, to its condition, prior to tho initiation of Work, within our, ( l) week o thel;,+I mpletion of work. Additional time may be grated with the sole un itten conwat Oi'i�at� �OWii iV+1sRi Br. 4.4 Build cgs; side ences, shade trees, lawns and all other iftrovatents shall be duty protected from d�znadge by C atractor. Property obstructions, nadir as sewers, dress, water or gas Imes, conduits, tuiha walls, posts, gallalles, bridges, mattboles, valve boxes, meter boxy atred morium , etc , shall be carefidly pr�ob=wd $am injury and shall not be displaced. The Caxator shall given notice to any dcparteuerrt ba" public service corporation cortttolling such items al bozos, metes boxcs, street monumonts, etc„ prior to adjusting (hem to,grade and shall be hild girktly liable to the affected utility if any such appliances are disturbed, damaged or coveted up dur hS the course of the Work. S. ,IM lVl NFI{CATIO - i 5.1 The = Conusator shall indemnify and hold harmless ft Town, its officers, agents and amployc4 from' and agai t all 'liability, claims, damascs, losses and exponscs, including reasonable attorn6y'ia fees ;ir� costs at both trial and appellate lavels arising out of or resti,Sliikg from the ps>*rmance bf 6e Work under this Agreement; caused by any act or omission of the Contractor or anyone or indirectly employed by Contractor or myone for whose ants Contractor may be,liabL6. 52 This ,indemniFI &60rl c bligetion shalt survive the tai nination of this Agreomont: 5.3 The Contractor ,ihall ifend the Tovm or provide for such defense, at the ToWs option. i 6. CO ly pRA 'f DOG El ,S- The following documents shall, by this refucacc, be considered pant of fhis Contract: i RFP #2404- 01-0l;' Ail Addendurns, i Contract Agreemeat; Proposal Detailed Specific#.tions+ Qualification Statemear�; , Public Enxlty Crilne Point; an PC-2 t!�3J2006 FIU 11144 VAX ,� �i4�3 /Ot•B Insurance Certificates. 7. IlVS F, ES- i 7.1 The Contwtor Lltl.' a nail times ban a competent English spealdrig supervisor on site who thoroughly understands ork, who ahaJl, as the Coutraata a agent, supervise, direct and otherwise conduct (heI WoH, Contractor's employees shall sera the public in a courteous, helpful, and lmpa4lial rilw6r, `I 7.2 Confraesor's eplo)' slWl wear a clean unilbrm dw provides identification of both the Contractor's company end the name of the employee. 7.3 Contractor shall, upb i receipt of a written request fan the 'town, finmcdioly exclude any eniployte Of Conn ►6tc r; f�m x providing Work under this ,Agrwmeut. 7.4 The Work con • plc# d iu this Agreemcat is on public property, wwrftgjy no alcoholic beverages shall be allowed' 7.5 Ali x- fotxmooa its this Agreemont to aw Contrwtur sbAU include Contractor's employees or subcontractors, will ap�pfioable. 8.' YE ICLES AND 1�WU1 NT Cvtxriclar siratt have on I>vaard at cif linen and in good wotlsinsg order such vehicles, maAirt" tools, aceassories, and other items necessary to perfom the Work under ibis nt. All vehicles used by Contractor to provide services undur this Agreeulent shall 'be pah tmi%zmly with the namo of Contractor, business telephone number, and the number, of the 4111 i In letters Iegible by the public. The Town may, require the repair or replaceutew of equipm6 all easonably necessary. No other advertising shall be permitted on lreltieles. A wooden siin divlayins the Town of Miami ,Lakes logo and below the logo a caption, noting " Fublic Wprks" mall itil'the names o£ the cicciod officials and Town; admi stmfive ata•fi' will be required to be. �rovlld d and displayed at the work site alt all titres. This sign shall be five Soot wide by throe toot �a11 6 abaft meet tha specifications as provided by the Town. II 4. LID The Conti r shall ,secure and maintain tbxoughout the duration of tt is Agfaenxnt, inruts at bf sticx type and in such axnount3 awasissry to protect its utteresi and the interest of the Tgwn aiainsi wards or risks of loss as specified below. TW and r%vrifer of such utsurauce shall hs qua lifiedl t, do business in Florida., be AB or better, acrd have agents upoza Whom service of proo�ss a� be made in the State: of Florida. 'ftte insurance coverage sltrsli be primary iasuranee wit] res�eirt to the "Fawn, W oiiieials., employees, agents and volunt as. Any inanrance MaintainrA ' y Ib6 tr'awe shall be iu sKeeac Qf the C=trtmctor'$ insurmoe and aball not contribute to the Contn ci01'� itssurance. The ipsurance wv=ges shall include. a rainimum of: 9.1 ffmkerlk Conwev t tsion' an xssr I YeIr's LWIfty Ttcsu cc: Coverap to apply for all employees for ;stawioty l' its as r wined by applicable State and Federal Laws. Tbse pa]icy( es) must include Emhlnyc>I's Lia ility with tsunimum limits of S500,000.00 each aocidcnt. 9,2 Comiwehe SIVe Ai mo fie and Vehiels UsbMWInsuranew. This insurme shall be Writ= in comprehensive fbr'sn and shall; protect' the Contractor ad the Town ,against claims ;fol injuries to members bF �I public andlor damages to property of others arising from the Contractor's tise�a rma tor'�v�ricles or any other cqui cnt and shall covey o eraCipti w with res ect pm p p Lf PC -3' IZOaa /016 91/13/2006 FRI 160A VAX 1--, 11 ") to onsite and oflhite opciatioini and insurance coverage soil extend to any motor vehicles or o#het cqulpmetit irraqe6fivo t f w6ther the same is owned, non - owned, or hired, The limit of liability ®ball not be less 'than �2,00 ,000.00 per occurrence; combined single limit for Bodily Injury Liability and "erty lDatla4je Liability. Coverage must Too afforded an a form no more resWctive that the later edi n of the Business Automobile Liability Policy, without restrictive endorsamant, as filed h) the Mearance Services Office. 9.3 Cam 1 nerd) LiabUM This insurance shall be written in comprehensive form and s1W1 protect the CoiWI &z :t r and the Town against clainu arising from injuries to members of the public or ' damage io pia arty of otht rs arising out of may act or omissioti to act of the Contractor or amyl of itss ageil� employees, or subcontractors. The limit of liability shall pot be less than $1,00o,0o0A Pei! ccurrence, combined :single limit for Bodily Wury Liability od' Property Damage! Liabiiity. !'coverage must be afforded on a form no more restrictive thm tbe' Wed edition of the Cr nun iel Coowal Liability policy, witlwuG restriccivw *Woracmmw, as filed by the In- s3liafnce §orvi' es OMce, and trust include., (1) Fromises and/or Operations; (2) Irldepcmdent oantraetor� =4 ucts and/or completed tapw tions; (3) Broad. Form Property Damage, Femon4 Injtr�y a# d a Cotntracttrsl Liability Endoustnent, including any hold harmless and/or indmMilicatioa ogre t. I L 9.4 late a ' it ces Contractor shall provide the Town Manager with Certificates of Insurance for sill rbqu re� poll ies. The Certfcates of 1wuranc0 shall not only name 111; types of policy(ies) provided, 'btit a1 �,,SJWJ refer specifically ba this ,Agreement and, sheli state that such insurance is as *Wired y tbi Aggreement. The Town reserves the' ftht to regturb the Contractor to provido a ocrdiied c 1,y 4f ch policies, upon writtca roqucat by the "town.: if a policy is due to expire prior 10" the cofnpidtt n of the sery oos, reftewal Certifcatw of Insnrsooe or policies shall be furnished iffi* (30J, cal dar days prior to the date of their policy expiration. Each policy carlificato shall bt endo sndJ ith a provision that not less than thirty (30) calendar days' written notice shall be providedi to :. a Town before any policy or coverage is cancelled or restricted. A.r ceptance o . thei Cerd i`Leat�() is subject to approval of the Town Manapr. 9.5 Additio" pswred � �lie Town is to be specifically inchtdcd as aTi ,Additional Insured for the liability of thb Town restklting from operations performed by or on behalf of Contractor in performances of tWis Ag Ceiai t Contractor's insurance, including %a applicable to the Town as an Additional insured, �I)Alll a ply on a primmy basis and any other insurumot maloujuad by tho Towtti shall be- iri excess It of and. sliall not contribute to Contractor'$ insumnar., Contractor's insurance shall Gdntahi a set bility of interest provision providing that except with respect to the total limits of liability, xr, insurance shalt apply to each Insured or Additional Insured iu tie saute manner as if wpat�aie policies had been issued to each. 9.5 All dr:ducdI bles r self insut�ed ronlions must b , dcclared to and be approved by Town Manager. The Cbntm[or sit1��1I be responsible for the payment of arty deductible or self insured reteations in the ewont oT anfy laim 10, ' AS4M(;, tdT Ie,NTI IAi► MENT- No assignment by the Contractor of this Ag eemont or arty part of it, or any mbniet due or to become due, shalt be ;trade, nor shall.the Contractor hire a subcontractor to perform its duties under `this Agreement without prior written approval of the Town.. This Agrocme4r may only be amended, by the parties, with the sabre forulalities as this Agreement: � i PC- 4 I I - z-';m- ,v'.'"��F- �`i';i. _. �i"" k' '.'E hs. '�n,��'�.TF�`za,W:�"i"E'r�`, ",�`i°�rvr.°a�'+�i`,YC `],^�'++ -„ .ice, 3?�•r .e='.,, 3` .f. I 01/13/2006 PR.I 1009 VAX f�na5Jais i t, Z`ER14�IN�,7Cx01►i 1`1.1 The Town Tnay t rmiii to this Agreement without cause upon 330 days written; notice to the contractor. 11.2 Upon twtire of such tormination, the Town sh all .detet'sztine the mounts true to the Contmetar for services p ed up to the date of terminatlom The Contractor shall not be entitled to;paymsn.t of ady loft profits or for Work performed alter tb$ date of teWMtia . 11.3 Alter roc4t- of a n ati c of teux nado% and excopt as otherwise; dire*d, the Contractor sisalt stop ail Work under this Agreement, and shall do ;so cm the daze specified in the notices of texmirtatiflx. I 11.4 The Town may train xmw, this AVw=at upon five (S) days wtaittrn nadee if tlic CoMmetor default's on a iy n 9, -- rial t= of this A,gre meat. 12. C11010E OF L!LW ' gtr„cment shall be governed by the laws of the State; of Florida Venuo shall 'lie in M amt -Dad County, 13. ATY'f1 _ 'S %ES. k lilts event either party to this Agreement is required to retain legal Counsel to enforet soy f tts "ghts under Ibis At!r =tmt, the prevailing party shall be entitled to recover its reasonable arric rIs fi= and costs from the non prevailing party tog4cr wit court costs incurred in any 1i gstio at any trial and appellft praeeed 14. AJQCMk To f�L£ Ri - The Contractor shall coruply with tho a"Ucabie provisaoas of Chapk+ar 119, > larido Std tes. 'T'ltc Town shall have the right to immodiatoly tonniinate thia Agreement for tine a1 l y the Conlrmor to comply with Chapter 114, Florida Statutes. The Co tt oetor shall retain A records associated with this Agreement for a pexitorl of three (3) years %in the date ofTerrni�atioh. 15, INSU&T tf)N AND A lJD � During c term of a �atst :use for # from g .prep . bree (3) yens the date or terrmitlatibn the: Cohftaotcr shall allow Trnm rcpresquativrz `access,' duff 'reaso ble business hours, to dntradoes and, if applicable, , subcoutmetor's records related to this .ent £vr the purposes of irspod]on or audit of siwt records. If upon audit of such recar�ls, the Town dct=fnes & Cqx mctor was paid For semiow not performed, upon, nmipt of wdUm demand by the Town, tic Ce't ktmctor 6 off remit such payments to the Town. 16. sE l sn � If I t � provision, cove xis Contract or condition of this contract is hold to be ;void, itir id, or un�afo :able, the same shall not affect any other` portion; of this AAgze=cnt and the remainder shall lyIe�� effective as though every term, Mvisior4 carvenaut, contract or condition lied not bccxt oottihsOd Heroin. 17. RIVE J i At The parties irrevocably, kno)0ng] agrm to waive their rights to a trial b u y t= YJ tY is an',y RM- i n'td onfvme the terms or conditions of ttais Agreement. 1$. QR NUVAIZTS- "kris ,A rawment may bs signed in one or more counterparta, ends ofwdhicyz when executed shall �e de med an origi=l and together shall conisdtato `oxle and the same instnttxaerit I I i PC-5 i i_ P�44614t,6 01/19 /2406, FF 36,. o5 Fnar - i 19. C tg — It is expressly weed and under0ood U the Contractor shall be in all r*cets in in pwdent contractor as to Fork, and that Contractor is in 1W MVOA an ago; servalrt, or elploy4e of the Town.. Accordingly, Contractor shall not attaiu, nor be entitled to, any rights err be�llts of tlio Town, nor arty rigbts gEm roily &!Worded classified or unclassified to s Cv tractor fur(hor understands that Florida Worker'$ Crnnpensadon benefits av"b elt e loy±ec of the Town are not available to Contractor, and agrees to pmvida worker's compcnkaation ft- i oe for any employee or ag�ommt of Contractor mdotirig services to idw Tower under rliis Ag "ee t. All emploYees auil sube ontroc tors of the Contractor shall be considered to be, at all bums, the sole eMPInyees or e0n6,Rct`0:: of o xt metor, un,der its sole discndtion and not in employee, eontrwtor or agent of the Town. 20. AC k' 1T k YE T © RE VkAT S Precautions shall be exercised at all times for the pra'kotonlof parsons and property. The Contractor and su%confa°actors shall corttorni to all. MA, Fedeni, gtsttzj &oumty and Town regulations while perfnnnaing under the tenne and eotidataons of thug Adel ntl Any fm% ievfled by the abovo- mentioned authorities, because of inadoypacies to thmpl� vvltb ese' rcquirswnts, shalt be borne solely by contractor respvrrsibie for same. i 21. C> Ol ,C - The Contractor will be re ponsible for malntaidn$ euvent baftound checks on Al C1010yees and subcontractor employcas involved in the perfiomaaace of ibis Work. 1a ch s must be pe*rr ied prior to the perfarrtratice of any Wixt by the employee under this Agreerh rd- WMW veri ficatiorl of any background checks mcust be provided to the Town at t of he Town 1vlatmer. 22. CM QV E CS Corr for warrants and mpresents that its eriiployees will abide by the Conflict of Intr rest'an Co, of Ethics Ordinances set forth in Section 2.11.1 of die Town Code arld Section 2-11,1 of air lvti Bade County Code, as these codes may po arnendad from fume to time. 23. M 1, RU 1.,ES & C 'fC S - Contmetor shall be held responsible for stay violation of laws, rules, regulations jor oidGaomocs wing in any way the conduct of all persons engaged in or the materiata or zhotho& ua by him, on the Work. Contractor shall give all notices and comply With all taws, o inane %' files, regulations and orders of any public authority beuing on the performance of tie W k uitcior Ihis Agr&jtmt . Contractor shall secure- 211 permits, fees, licenssx, and inspections tieees � faa the necWton of the Work, and upon termination of this Agreement for any reason, Contractor sh 11 transfer such permits, if any, and if allowed by law, to the Town. 24, P_OX TCY OF NON- S A"1~ C31r1 - The Contractor shall comply with all faderal, state and local laves and rdZ71 applicable to the work or payment for work xn& shidl not discrimivate on the a race, color, religion, sex, ago, marital status, na�iana! origin, physical or mcnt l disability in the performance of work wider this Ageenwat, 25. NQN-t irMV'ExL The applio ial, and/or sewptauce of any part of the Work by the Town shall not operate as a waiver by oven of any other. tenrs and conditionfi of the Agrcemenf. 25. N_.QTIC SS- Wh6w any arty is required to I�ve.or deliver any notice to a,y outer patty, or desires to do so, 6ch notices shall be sent via certified mail or hand delivery to- PC-6 �goa�ota oa >s��oa6 FAa X6:06 PAR ^ ^� iMEMO EXHIBIT I RFP 2004 -01-01 ! SECTION Ili DETAILIED RE QUI11113 TENTS The following specifiica ions have been developed for Town's medians and swabs based upon four (4) disbicts fbr rnatntsr ahce activity required (Attachment "A' , Each district vAll be defined listing standards for 116T Cdniml, turf care, weeding and edging, and shrub and hedge t imaiing; dasignating schedules IFor the performance of work; and ;providing inve ntories of medians and 1 swales to be Mal >�tamed. � I. SCOPE OF SEFt'i/ICE The work includbs, bi5f rd I not be limited to, the furnishing of all labor, materials, tools, equipment, nwcrlinery nd is rvices for pro per maintenance which far the purposes of this bid, shall include inlet', tra andlI debris remov8l (including, but not limited tn, small items such as rid ! shoppir►g cwW) mowing edging, hedge tHmming, selective tree paper, carts, bottles, applications, trimming, plantin�, vall, iaktng, sweel,ing sidewalks, weed eating, herbicide app insect control, witOdni, -fefti " ng, mulching, staking, and plantingimpiacement, and street sign installation and ripairs� In dition landsoape lighting maintenance and irrlgatian system repair, including but not �imit to, ;adjusting of timers, and maintenance of phv#tt cells, and maintenance of all street and Ibnds4e iture and structures as defined by the Town. The contractor shall maintain the con�actualiy d disficta at the frequenoy. rate prescribed with the conventional �� 1aI maintenance and equipment as required by the Town, production style inorn 1.1 The Town of iami es is requesting ,sealed proposals from qualified Proposers. to provide high qu iltylmaintenance of Town's Facilities" Medians and Swaies_ The scv�re of ervi s generally consists of furnishing ail labor, supplies, equipment, tools, seMco a S6 rvision nacessary to perform and maintain the work necessary for each dlstrlot's si and right-of way �+ S. conttuciv9 with a safe, neat, and clean envirantlent. { ! Page 16 i 01113/2006 PRI 16:06 FAX i I , i Town: f,�� i Tm of t9�ti LAe 603 Main sr Mimi Likes, 3014 Attention: ToW a Cl .Contractor• South 11166da laintomanoc 5 cis, Inc, 9700 N* 79 Avg�y e Mid, loridaJ 3306 IN WUNPSS WdIE F tlt aril barety have executed W3 a tacmciht on thF da =d date First' abawe P � ay =d n. Aftat TOWN OF MIAW L.ARES i ?y: Bye �aeartris M. own Clark Wayne St Mayor Appxav as to form an, leg 'ty fio the use and bene fit of the Town of I a only: ��cwm �UOAI es an, f�astttria Guedes, Cola & Boh]ske, .A. Town Aitotucy Signed, sealed and wht esscd in the CONTRACTOR; presence ° ; S oa I L , L/1,01 2t� f By: 'f I + Bye .... ..-•r t f,�..y - ! Mme} ( *) ba the event that th C.an actdr is a corporation, there,shall he- ettarbad to mch crunlerpsi a cci ified copy of a. resolution of the b acd a rite corporation, authorizing the of> oor wbo sips the cohta�t to da so ilt its beptaif. J i .x n CITY OF SOUTH MIAMI Inter- office Memorandum South Miami baft l•America C' j 1� 2001 'Cott "� TO: Honorable Mayor, Vice Mayor DATE: January 18, 2005` & City Commission AGENDA ITEM No. FROM: Maria V. Davis A RE: Authorizing the City Manager to City Manager V_ execute an agreement with T J Pavement Corp. for sidewalk repairs RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE C EXECUTEOUAN MIAMI, FLORIDA, AUTHORIZING T TFOR SIDEWALK REPAIRS IN AN AGREEMENT WITH T J PAVEME AMO UNT OF $55,563.50, TO BE CHARGED TO PUBLIMB R 1121 30 -5 1ME3450 STREET, LOCAL OPTION .GAS TAX ACCOUNT PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: we have inspected comm In our effort to continue providing safe. passage pedestriannsowithin f our sidewalk network has not been our sidewalk slabs and prioritized them farepairs. at w ll eventually have all our damaged City sidewalks repaired in years, we have created a pro For over 12,000;, square feet of sidewalk that needs to be repaired at this repaired by the end of n ext y uotations time, we have obtained the following q Total Budget Pro' osal Contingency - ---- -" Contractors +$5,000 = $59,930.20 • Serralta Rebull Ser1g Construction, Inc. $50,5633.50 +$5,000 $55,563.50 • TJ Pavement Corp. $63,380.04 +$5,000 = $675380.04 ❑ Leon's s Engineering ineering gent in S 000 contingency a $ re re nesting . As a result, we a q _ thick sidewalks es. We The proposals are hided al 4 inch th1 umstanc case some of the sidewalk segmeavementCorp. for the t e work. This Thistrepaur work will be funded through. recommend the lowest bidder TJ P O tion Gas Tax account number 112- 1730 - 541 -3450. The fund balance for the account, the Local p q without this request, is $110,000:00. RECOMMENDATION: at the City Commission approve the resolution. It is recommended th ATTACHMENTS: ❑ Proposed Resolution C3 Copy of proposal from each contractor. ❑ List of Sidewalk Repair locations sr rr ors.. RESOLUTION NO. 09-05-11988 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T J PAVEMENT CORP. FOR SIDEWALK REPAIRS IN AN AMOUNT OF $55,563.50, TO BE CHARGED TO PUBLIC WORKS DEPARTMENT STREET, LOCAL OPTION GAS TAX ACCOUNT NUMBER" 112 -1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to perform 'repairs - to damaged sidewalk in an effort to improve pedestrian and handicap accessibility and; WHEREAS, TJ Pavement Corp. submitted the lowest bid of the 3 vendors that submitted proposals for the Citywide Sidewalk Repairs and; WHEREAS, the Mayor and City Commission authorize the City Manager to execute an agreement with T J Pavement Corp. for the sidewalk repairs. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 The City Manager is authorized to execute a $55,563.50 contract with TJ Pavement, Corp. for sidewalk repairs along various streets within the City. Section 2:. That the amount of $55,563.50 for the sidewalk repair project will be funded from Public Works Department Local Option Gas Tax account number 112- 1730 -541 3450 with account balance of $110,000 before this request. Section 3: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ` da of 2005. Y APPROVED: ATTEST: is Menendez, CZ y Clerk r ary �4c tt Russell Mayor READ AND APPROVED AS TO FORM: Commission Vote: 5 0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea IT A ORNEY Commissioner Wiscombe: Yea Commissioner Sherar: Yea City of South Miami N, 113 City wide Sidewalk Repairs Construction Estimate 55t:9It9 Rsbuii Se'i�;C0a8tru¢dnn, iriC. ALTERNATIVE 1 - 4" Concrete Sidewalk item descri tiara Unit Oty Unit Price Total' 1 Mobilization and barricades Site 36.0D $ 200.00 $ 7,200,0 2 Existing sidewalk demolition - Includes SF 12,440.00 $ 0.80 $ 9,952.00' cis asst SF 525.00 $ 1.00 $ 525.00 3` Existing driveway demolition - Includes SF 525.00 ; $ 0.80 $ 420.00 5' disposal SF 12440.00 : $ 3.56 $ 44,231:1'} 4' Existing tree roots removal and disposal Site 37.00 $ 75.00 $ 2,775.00 does not include root treatment 5' 4" concrete. sidewalk - includes finishing SF 12,440.00' $ 2.78 `$ 34 583.20 6: concrete driveway - Includes finishin SF 525.00` $ 3.00 ;$ 1,575.00 0 Total Alternative 1 $ 54,930,20 ALTERNATIVE 2.6" Concrete `Sidewalk Item Description Unit Qt Unit Price Total 1 Mobilization and barricades Site 36,00 $ 200.00 $ 7.200:00 Existing sidewalk demolition - Includes disposal SF 12,440.00 $ 1.00 $ 12,440.00 Existing driveway demolition - lnciudes disposal SF 525.00 $ 1.00 $ 525.00 4 Existing tree roots removal and disposal does not include root treatment Site 37.00 $ 75.00 $ - 2,775.00 5' 6" ooncrote sidewalk - Includes finishing SF 12440.00 : $ 3.56 $ 44,231:1'} 6 611 concrete driveway - Includes finishin SF 525-0011 3.78 $ 1,982.17 i l� rra, a�?n�Fo-p , t""v ,. hu ..& �•s.,' �{N �`LU i"2ir�t, +! '���,, S i '"ja�:AA 66L� 0F'+��jj l�iu 91 NA. �y 1, MIAMI DAILY BUSINESS REV[EW " publWhad OGiN Yxcapf salurdaVa awatdtwy and Laps{ NtaYdaya X1400, Miami'Dadveaunty, Florida r F �V STATE OF FLORIDA '' g„ i r 9 a }tlr COUNTY OF brIIAMILtADMr: Belpre the =undersigned autharity parsomilly appeared ON, FERSEYS9, )Ac on pail► ardys NJ Ito or she iaa, {he WPERVISOR, Lapael Ndtioaa of t'ta Miami Dolly Business i,�."•�, , � r� *• � a R.eviewtwa A9larrtl Revl4w, 2 daily (except Saturday, Sunday 1 arwd'Lagsl Halidaa ) nwmpapor, p&Ished at Miarad in Mbr -bode aunty, FWda; th t the attactted copy of advarttssment, being a Legal Advartla4mont of Nance In tha3 matter of CITY OF SOUTH MIAMI DID NO GI 04 -9e20 laOWNTOINN DRAINAGE IMPROVEMENTS . PHASE III in p K]CXX A 111 � �raaPJrt, s �,...' a•i�r was published In sold nvwa9p2par In the Issues of 07/19/2404 0712R O04 4810912004 O40912C04 A flont ludhor u to that the salrl Miami Daily usiness p RaWow I% 4 nmpaer pubtiehod at MMatrn! I said Miamt -Dada Courtly, Florhfa 40 that 1h.0 said newspaper hits herstdore bean ppratinuously puNia ed In said Miami -Dade County, i i r and flee bean ontatad -V SeWnd pleas atpelt matter at ih poesy j i iorlda, aaob day (oneepi Saturday, Sunday and Le pt 8 pea'tt � 0*0 in Miami in aIiild Mfa nril" ada. county, Florida. Wen pd&d of orw* rapist i'rest pracoory the brat publication of the Ss� aaftwhed wpy of vsdlcgmontr and afftani lunhar say; iftl he at she her ntallhar paid nor prornitaed any parson, firm or Oorppraftan arty ddoaouM, M wmrntrr efund ttyrtha purpcgs i M` of asdudng dd i41 for pu Iba3dan in the said natamp Sworn acrd e 3 ad batare .. a ^fit' .,.•., . �. „� �i 09 of A T' 04 f '� r'r OIV, F €RBEYFE pkscriadi4nowin to Me My COMMISSION # x X1106 ' elf n6iWlerq�my,� ' ' �� �,�,�on '+' Q' xWt ,ITtNNOftryAultlL�i.tldwbrCars Y a:. I r { Y t b1� Boyd •Wtfirl•`FI to-Bi-env 9 11%0 3EVd I!>VIW Hinds -�D AlI'u 80ZL89990E TZ:L0 b00Z /6' /0Z S C !WVIW Minos jo A= BBZL89990E TZ :LQ VOoat,'T /OT ..�; _,�.'£ ,�. ..rF- '•r^' —-. �z':- .:.,�*z �°�?rfl'r;�F,L^s: �,.r�r'tar'E 3.�... ,.: „u.„ V'�IE I'i9�Fj��•• „3 Pry-, �'"�.x•:r-asae,. 'e°�. �G,'M'.��!i"`'�, v I",e ro {c;' ri � s� asa« a �a s s s ease ea 3 5 IV ° OUT I w R ^• A 9T 8 r gg na G. ., I « gg qq M J. d J ♦ .}�, iA 'i: nl .. �K• '4 �•5 b•M �.� .hx'± jl �• "! '.. { ` i 9 1%a a y � 'ii : R7 Z>� l'� � F � � .i 01 � { �{!�• 7 h .. } r 5 � h �.d � S .i j { �C � t�. 4� • yyb,, .j. � I .t a 7 /� Y' ' �iq• 71 lei. � IF � : '.' IC nri' 1 fw : 7 �la.+ a L 1 enl' r�'kjPtN . _ y� � yy�� gg•pp _ I s � �M a a �t3 222�y�3 HE.$ 3. 88 i 't flail] 1� # g SS •q.:� IlYff -� !WVIW Minos jo A= BBZL89990E TZ :LQ VOoat,'T /OT ..�; _,�.'£ ,�. ..rF- '•r^' —-. �z':- .:.,�*z �°�?rfl'r;�F,L^s: �,.r�r'tar'E 3.�... ,.: „u.„ V'�IE I'i9�Fj��•• „3 Pry-, �'"�.x•:r-asae,. 'e°�. �G,'M'.��!i"`'�, v I",e ro {c;' 9tiiE� 3 t J IV+IVIN Hinos -�U Aim i BOLLB995oE LZ:L9 11OW/Et, 01 2 � 5 4 M � of 1 m � § 9tiiE� 3 t J IV+IVIN Hinos -�U Aim BOLLB995oE LZ:L9 11OW/Et, 01 � a M � of 1 � § OR JAI !IR I 8 d Tim, rig 0 allL ago qq ie a r Ii ' IN;! ^ �N,'. I 14 � ;:�� ,� K"�A7m j•: »� �,i� 91, 'TYIG� , y a� iH} i „] ' i AM RPM ILI �, ��.? ri .n, ktA". -r" ., f'. +r ?_ ..S�c.+ .v •... ^�i .. n�:ti::a..i..•..Y ?.:1••... .'i� ' �T - q�. +.:p !i +. � ._.. .w.. is 01- ry YI Fyn l � I� IG. 111 Ay M �O . N.i6i .. Efp II B�L:ie 9tiiE� 3 t J IV+IVIN Hinos -�U Aim BOLLB995oE LZ:L9 11OW/Et, 01 lids were opened on: Friday AMst 70 2004 at: 3.05>2m For Dawmown Urainne Improvem ,nts — Phase IIi C104-0820 Pre -Bid Estimate: $400 000.0( CONTRACTORS: BUD AMOUNTS: 4. APAC Group, Inc. 1. T. J Pavement Corp. lb 56-7 • � 1(:26 • 012 6.14orixt n Contractors, Inc. 2, Marks Brothers Inc. 51011-A, � 0 T -7 - 75 THE ABOVE BW AMOUNTS HAVE NOT BEEN CHECKED, TIM BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY PX VIEWED. Ci ty Clerk's Si n, w1wss: ss: . i GT.hG' 7rtia T1*1TVJ Hinn(; n A TD 80ZL899906 TZ L0 'b0OZ /6T/01 3. Atlantic Civil, Inc..'r . 4. APAC Group, Inc. 5D7 t "o CP 6. Williams Paving Co. 1(:26 • 012 6.14orixt n Contractors, Inc. r"i ip 'rte, p 7. Petro Hydra, Inc. T -7 - 75 8. Cooper Contracting, Inc. ,9. Acosta. Tractors Inc. 10. Morlic Engineering . ' D-0 11. led Acmde Construction ^" 12. Leon's Engineering Corp. 14 13. SRS Construction t4. Miri Construction (2601 15. Development & CQmmunicadon Group of Florida, Inc. —n 3' ° 17. 1 S. 19. THE ABOVE BW AMOUNTS HAVE NOT BEEN CHECKED, TIM BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY PX VIEWED. Ci ty Clerk's Si n, w1wss: ss: . i GT.hG' 7rtia T1*1TVJ Hinn(; n A TD 80ZL899906 TZ L0 'b0OZ /6T/01 uay * 'tN rERRIEQ • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday pntl . Legal Holidays Mtaml: Miami -Dario County, Floada i irk' *F�1111.11NVITATWN STATE OF FLORIDA W OF Sditt't'i'II.N "I N`NO M. 4"1 Q(34008 COUNTY OF MIAMI -DACE: Before the undersigned authority personally appeared The City of South faarrip will (adosIve sealed PMPN01t until too P.M,' ON. FER$IEYRB, who on oatti says that he or she is the kcal time:"WitdnesdaY. October B, 2003 at the City Clerk'a'offiice. South SUFI=FtVI$OFt, Legal Notices of the Miami daily Business s •z 9 fallowing projea= Review iAda Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade CHURCH STfi$ E' p'( $.W.91111THPLACE)ty1PROVEMEIM- PHASE County, Florida; that the attachad Copy of advertisement, (S^.40TMSTflt;.$i'TOS.WWII iSTREET being a Legal Advertisement of Notice in the matter of 8.11V:06TH 3111 T'1'C $.W. 44TH " BEI }' The project conslalls of the re00hGI vcllan of portions Of SW 591h Flues, all wsthln.,ijip CICy. South Mile.WProject efemants include CITY OF SOUTH MIAMI B!! NO. Cl 03•iD0(3 „o1, drafiia�o;'' wsiMr'matn; stdr�va#js: pgtttftg; "liaapin, atteo?f►cal, NOTiCF OF BID INVITATION irrigatI06 and olioe!wimituro. in the XXXX Court, A poldan of this P.,ro(ect wilt bey' federally sagistod through the U.S. was published in said newspaper In the issues of Departmsnt of Comlralat ®; .l cotabmlc RC;ueiofsment' dioministratipn, and other federk 964*e, anrt es suet's bidders must oomoly with 09/08/2003 Presidential EaagCtptive Older t 1 , and 41 CFR Part 60-4; the Qavfs llacan Act, as supplamentgd by 29 CFR kin 5; the Copeland (Anti•Kick Sack} i .the Ggptra t Work Hours and Safety Standards � as supplemsnlpd' by '� 0A1 Part 5, and all other applicable Affiant further Says that said Miami Daily Business federal, state and WWI nrdlnsnc. Review is a newspaper published at Miami In said Miami -Dade County, Florida and that the said newspaper has Attention is otliletl to the 'fact that no leas than the minimum aRMA68 heretofore been continuously published in said Miami -Dada County, and wades as.sat forth in the Cor#mot Documents may be paid on this Florida, each day (except Saturday, Sunday and Legal Holidays) project and shat the •Contractors must ensure that employees and and has been entered as second class rnail matter at the post p a piicarrts. Oar site are root discriminated against beCetuse of. . � County, office In Miami to said Miami-Dade Coup Florida for a re e, color, rellglon,;Sekent: 'sex orrrgtlrino Origin. period of one year next preceding the first publication of the Wds will be apaned publicly. all or shortly after 3:Q5 P.M. on attached copy of advertisement, and affiant further says that tie or Wednesday. r)Glpber a, 20tdS. I}t the South' Miami City Halt, City she has neither paid not promised any person, firm or corporation cemmtselon Ghem.>�9rt, 61190 Aunept Driv% South Miami, Florida, any discount, r cpm refund far the purpose 33443 " of securing t ' adve ' nt fore lication In the said rtawspa r `Bid' docum nts may be obtairred on or isr ioiA Y. SeR►es�iaer e, 2003 from South Miami City Hall, rlty Clerk's office, 6130 Sunset adve. South Miami, Florida 33143. A $50.00 non rsfundable deposit per set of plans and specifications la"raqulre . Sworn to and subscribed before me this The bid'will bema arded t6.11h eat reaponaibie 1106064'ive bidder. .it, howevar, Ih$ Chy Manager4orne 1116 be 11i ^the bbst interest of the Q8 day of SEPTEMBER A.D. 2003 : City of South MWmt!'�ths Citydl'•Sjiuth MialK boorres'fhe right to 4*W •&byand,e'll bids, to' welve any inf lidesorMinordefectsInanybids, and to tnpro ate or decrease the q amides ahown In the 154 Famtt. aids, Which Contain •itregulerit S of tiny kind, they be 1011600011 as 'tnfortnall (SEAL) A�� /t norwmandafafly p rabid conte¢eroce wilt be hold at South Miami City O.V. FERBEYAE p to r�iEA`A. mein, City Com mlidelon Ottanldv�, 6130 sunset Ctrivrg, &cuth flNsrrd , ' aF COMMISS ZNVM d4brida 39143, at'i 00 A.U. logal• rime on Tu9eday, September' 9tJ, Rif interettad cantraatcrs thin' irnilted to attend. CG 7�� rt Employer F1L� ..The Ch+ of South MIA"d -is t Equal Opptartw tg and attcoacraSpa the partioipatlan glom led Weak Mae owdromms. CtoAG Clark 91/90 39Vc:1 NVIN Hinos _lo AiiD 906L899906 tiZ :L13 VOOi_.i£C /OT GHURCti STREET- (S.W, 50TH PLACE) )AtPR4VEh1E!{TS- p�IASE 1 ($.W 70 °i STREI f Td S.W. 69th STREET) (S,W. 64" t 57RIEET TO S.W. se STRUT) CITY OF SOUTH MIAMI, RIP No. 0103.1008 WHS Ptgot, 5734,00 . Wlitismis PAyIn COMPO Unit puveroont Gnr otal; Unit T Drat Co T am Clue' tV @h lneer's Eetltnato. 150Q rti 2,550.90 $ D Un @Cast fiUentNy 7oiz1 UnitCASt f1U>inkatY 304D,00 97$,00 s ..... S3..SU.00 3 •• -• _2.00.....1600 944.44 $ 3.25 3DD.... $._..r ns i.SD f300 3.00 300 aevai Ord di afcxistta Montlk, t,00 300 S90U,00 6 5. 821,04 $ 1f 4,147.64 S 7.70 730 S .Usti aad dtspavat of a idtina panc[ete 1,201 5�.3dUA0 S 5.75 734 1,604.04 i 636.tl0 4° S 2a�40.00 3 m�cl. G,OA 73P 5{00.00 S 400.00 z " a 1,54tl•DD S 2.95443 1 S 2,954.00 # 1,201 in (d th aanea ;DO UU 4 1 tnfldie asst ;,000.00 1 92,0ofA0U t6 i,600A0 r•atbbin� Iudsng dcmolitia� ! 730 0 5,329.0Q $ 1 of 4�tsdna patanient behind g g35,0D 3 7 30 3,OL pawl S? U47. i0 S 4b0 730 IMAM $ 1,917,00 1 8 1,917.00 $ ater Ilse• x.74 730 1 3 21.46: 330 L 7.078.50 3 s hab +,AUO,oA 1 000. G0 S 2,865,00 '00 330 ` 7.264,00 1500 & 9,696: ffi aik t'rca r sroradon ttad et ae hart]. Sa, t5J, 00 $ 5.50 1500' 8250,03 $ 8.45 13.30 330 S fl UD0.00 $ aeteecartlsnd utter a.UO 'ISCO vtallt (•l" Thick. 6" at drivewyysl. Sladt. prop., hanticap ralnps. SklOn'alks pro %Yding4ndtesett{ngwatotboxes 30 $ 4590.00 $ ibutigri lt4ma 55.00 30 S1,6.70,0o S 85.x0 � 2k6Q.OQ S 153.04 Insa118" DIP.vatat maiin Alkil nninge. 142.00 130 S 13,260:00 • S rots. Fiutlti116 vaive a896lnbilei and 90,Op 19t! 11,740 09 5 d sidarall; I sestaratien, tnare{Wt O.UO 130 _ 1 Dip wtos rina , Ati 6251.00 1 S 826.00• S 1: fluslti,sa veivo assemblies. Bad' 1 1 BOO D4 3 ' 1320.Ot+ 1 S 1,329.00 5 2+ stetatioa, I,JOO.Ot! t S1,:o0AR 8 1,Bg0,00 2;750,p0 8 1 $ 000.00 S 4 31,600.tlU S 2,75000 1` 850.00 g, 560.40 insmn & "Sarnr�tivoconpkte. 1.dOGUD i 5L000.U0 S 850.00 1 6,640.W 8 1,100,00 + 1 9 t,100.OD $ 4 Install i�' uuvvhe'eaen seta ! 000.00 l SS,OOU.D4 .S 6.509.04 � to taxi in . I z" ymtar triuin g, 000.00 ! A IAVI iilpWASO tat all WSUIV' 110,OD 2 S 220.40 $ 1 nud Gfllti>ECatiens S 300.Op 2 600.00 S MaPknta & S1130 g 13.80 400 t 5,550.04 S ;ynlpptastic atli 35.00 400 14.000.00 5 (tame 1,1.00 dUD 55.60D.tw it 2 g 14r nn 8 eraroand elselrical 99aiait for propcaed A00.04 S 220.44 1 $ 2Yb,40 $ tnci, p6nrn S 45DA 2 2,400.00 ¢ 276.40 s . ]eta undRe boxes for d FPL 1{ hlin nvstau' Z000.UO 1 32 OOtl, 00 $ 2 000,00 1 5,160,00 n natNntion :3,000.00 -S 3;225,00 2 $ 4,114.00 $ an wills F7L during � 1,540.40 2 +: $ �etnrnitlesltame „745.00 ' 55,90.00 $ 800.00 2 1640.04 S 2,287:00 td YnslaO a• bnt�ted has sheimt, I,sv5.00 53.190:04 G � $ 1,456 -00 $ ' ;rd install SPtailsll su inGiaded ift Plftm G� aad ird all Wae lastbl alllgli is nc u in aryQ: iweS1a11:irCt ittOt $I Q[ Saa aml lnswll v+'u� tram of South Wod) ; and install �nmP g y00WR"sD auosri� d3tem4 dtt sntsai nntsCaQrlrrtfic. anct inn Ord setliatlur sa -': ,a.eAd aff,dhls' POlicc ael and/e._ --= min-` '-- asance and 'mein E d" It: 5.300.04 � L,G%V.M sates S i23.�2.50 'Coral Base Brd $ ftl5,329.5D 9T/90 3J;13 TWVIW Hinos -o im 80EL899906 T� :L0 POOZ •'E i!OT BID OPENING REPORT Bids were opened on: _WednesdayOctober 8_2003 att 3;05 m For: Church °Street I —Phase 1 Pre -Bid Estimate: �YQ� 000.00 CONTRACTORS: BUD AMOUNTS: 1. wi11iams Paving Co. SPH,186.25 2, T.J. Pavememt Corp. $123,232.50 3. Atlantic Civil, Inc. NO BID 4. Budget Construction NO BID 5. Dunol,Engiaeering Corporation NO BID? _ 6.5ignW Technology, Inc. � NO B1D `7. Petra Hydro, Inc. $162,382,00 S. Water wbwd NO BID 9. Precision Construction Croup, NO BID i J I, THE ABOVE BID AMOUNTS HAVE NOT BEEN CRECKID. THE DID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. Cit y Clerk 's Si Itt @tnc5:� '� "--� _.yW6tnea• _ 9T /LG 99vd INVIW Hinos d0 AIIE BOZL899GOE IZ :LO POOZ /6 °tIOT CONTRACT AWARD SHEET MIAMI•MADE DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION i BID NO.: 1070- 3/07 -2 Previous Bid No.: 1070- 3/07 -1 TITLES Automotive and Truck Parts & Accessories, Catalogue Suppliers & Specialized Repairs COMMODITY CODE NO.: 060 -00 OTR'YEARS: Three (3) LIVING WAGE APPLIES: ❑' YES ® NO CONTRACT PERIOD: December 1, 2005 through November 30, 2006 AWARD BASED ON MEASURES: ❑ YES ® NO ® SR.PROCUREMENT AGENT; Pablo Martinez PHONE: 305- 375.2102 SBE Set Aside ❑ Bid Preference: ❑ SBE ❑ Micro SBE SBE Goal ❑ CSBE Level Local Preference Prevailing Wages (Reso. 90 -143) ❑ Living Wage PART 41: VENDOR AWARDED, 59- 2028023 VENDOR: PAPCO Auto Parts South, Inc STREET: 80 West Mowry Drive CITY /STATE /ZIP: Homestead, Florida 33030- F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE (305) 248- 9666 FAX: (305) 248 -9089 E -MAIL: skip @papcoautostores.com CONTACT PERSON: Buford Moore DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION BID NO. 1070-3/07-2 PAGE 2 OF 8 F.E.I.N.: 59- 2462297 VENDOR: Elio's Auto Electric Inc. STREET: 3251 NW 28`h Street CITY /STATE /ZIP:; Miami,; Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS ` DELIVERY: AS NEEDED PHONE: (305) 633 -3004 FAX: (305) 634 -8520 E -MAIL: CONTACT PERSON: Jesus Avila F.E.I.N.: 65- 0118452 VENDOR: Automotive Parts &Machine, Inc.' STREET: 13517 SW 136th Street CITYtSTATEIZIP :. Miami, Florida 33186 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED' PHONE: (305) 238 -2100 FAX: (305) 232 -2570 E -MAIL: apmmiami @aot.com CONTACT PERSON: Terry Perrin F.E.I.N.: 592723490 f VENDOR: Rose Spring Corporation STREET: 7340 NW 70TH Street CITY /STATE /ZIP: Miami, F133166 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 885 -5715 FAX: (305) 888 -9715 1 E -MAIL: ubolts2 @belisouth.iiet CONTACT PERSON: Enrique Vinas JR. DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 2 AWARD SHEET.doc Revised 09/19/00 BID NO. 1070-3/07-2 PAGE 3 OF $ F.E.I.N.: 59- 1820682 VENDOR: Tropical International STREET: 3510 NW 60th Street CITY /STATE /ZIP: Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 633 -7575 ` FAX: (305) 638 -0849 E -MAIL: fsuarez @tropicalauto.com CONTACT PERSON: Jose Garcia F.E.I.N.: 59- 3337687 VENDOR: National Truck Parts of Florida STREET: 3061 NW 75fh Avenue CITYISTATE /ZIP: Miami, Florida 33122 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 591 -3200 FAX: (305) 591 -9239 E -MAIL: CONTACT PERSON: Joseph Mucinski F.E.I.N.: 58- 0254510 VENDOR: Genuine Parts Co., D/B /A NAPA Auto Parts STREET: 9250 NW 58th Street , CITY /STATE /ZIP: Miami, Florida 33178 F.O.B. TERMS: - DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 599 - 2629 FAX: (305) 599 -4876 E- MAIL: CONTACT PERSON: Michael Conroy F.E.I.N.: 59- 0232360 VENDOR: 1/ Electric Sales & Service STREET: 340 NE 75th Street CITYISTATE /ZIP: Miami, Florida 33238 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305} 754 -8646 FAX :' (305) 754 -6398 E- MAIL: essmiami @aol.com CONTACT PERSON: Ray Ibberson DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 3 AWARD SHEET doe Revised 09/19!00 BID NO. 1070-3/07-2 PAGE 4 OE 8 F.E.I.N.: 59- 2027867 VENDOR: American Genuine Auto Truck STREET: 2777 NW 54th Street CITY /STATE /ZIP: Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY. AS NEEDED PHONE: (305) 638- 5041`' FAX: (305) >638 - 2052 E -MAIL: CONTACT PERSON: Justo L. Diaz F.E.I.N.: 59- 0841470 VENDOR: Arrow Muffler Co., Inc. STREET: 14545 NW 7th Avenue CITY /STATE /ZIP: Miami, Florida 33168 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET30 DAYS DELIVERY: AS NEEDED PHONE: (305)688 -0574 FAX: (305)688 -0545 E -MAIL: CONTACT PERSON: George M. DeJacomo F.E.I.N.: 59- 1897294 VENDOR: Jack Lyons Truck Parts, Inc. STREET: 8482 NW 96th Street CITY /STATE /ZIP: Medley, Florida 33166 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE• (305) 8844222 FAX: (305) 885 - 6168 E -MAIL: jacklyons @aol.com CONTACT PERSON: Patrick Lyons F.E1.N.: 59- 1346899 VENDOR: Power Brake& Exchange STREET: 2050 NW 23rd Street CITYISTATEIZIP: Miami, Florida 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 635- 1120 FAX: (305) 635 -1120 E -MAIL: brakes @gate.net CONTACT PERSON: John Kennedy DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS' DIVISION 4 - AWARD SHEIM&C Revised 09 119 /00 .s `t'- -c: BID NO. 1070-3/07-2 PAGE 5 OF 8' F.E.LN.: 59- 2150688 VENDOR: Rema Tire Supply, Inc. STREET: 5570 NW 84th Avenue CITY /STATE /ZIP: Miami, Florida 3316E F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 512 -0023 FAX: (305) 513 -0054 E- MAIL: CONTACT PERSON: Guillermo Garcia F.E.I.N.: 36- 1150280 VENDOR: W. W. Grainger, Inca STREET: 2255 NW` 89th Place CITY /STATE /ZIP: Miami, Florida 33172 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: (305) 582 -1257 FAX: (305) 592 -5611 E -MAIL: YOLAISY.MARTINEZ@GRAINGER.COM CONTACT PERSON: Joly Martinez 382262714 VENDOR: Atlantic Truck Sales STREET: 2565 West State Rd 7 CITY /STATE /ZIP: Ft. Lauderdale, Florida 33312 F.O.B. TERMS; DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY: AS NEEDED PHONE: 954- 587 - 8220 FAX: 954- 797 -9720 E -MAIL: JAYLUCK @ATLANTICTRUCKS.COM CONTACT PERSON: Jay Luck PART #2: ITEMS AWARDED SEE ATTACHED 3.1 AUTOMOTIVE;,, PARTS & SUPPLIES ELECTRIC SALES & SERVICE PAPCO AUTO PARTS NAPA JACK LYONS AUTOMOTIVE PARTS & MACHINE TROPICAL INTERNATIONAL DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 5 AWARD SUBT.doo Revised 09119100. j ,f.;.,. t- �- ., -,.., . - ;.�, -.. - �z.:�.�- ,.,.,,�v: ter,,. -r..� _ ,., „c,-r�' °.rf� �+�3�u..'.- �^_;.;.-�—.* ;? -c� . .: r- •-,. BID NO. 1070. - 3/07 -2' PAGE 6 OF 8 3.2.1 SPECIALIZED AUTOMOTIVE & TRUCK PARTS SUPPLIES ELECTRIC SALES c4i SERVICE PAPCO AUTO PARTS JACK LYONS AUTOMOTIVE PARTS &MACHINE POWER BRAKE _ GRAINGER NATIONAL TRUCK PARTS REMA TIRE SUPPLY AMERICAN GENUINE PARTS ROSE SPRING ARROW MUFFLER ELIO'S AUTO ELECTRIC 3.3 CATALOG SUPPLIES GRAINGER ELIO'S AUTO ELECTRIC 3.4 SPECIALIZED REPAIRS ELECTRIC SALES & SERVICE JACK LYONS ATLANTIC TRUCK SALES ARROW MUFFLER ELIO'S AUTO ELECTRIC POWER BRAKE I DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DMSION 6 AWARD SIREET.doc Revised 09 /f 9100 i i °�r-slylw11 :',W- BID NO. 1070 3/07. -2 PAGE 7 OF 8 PART #3: AWARD INFORMATION ® DPM AWARD DATE: 10/20/05 BIDS & CONTRACTS RELEASE DATE: 11/04/05 OTR YEAR: 2 ADDITIONAL ITEMS ALLOWED: YES SPECIAL CONDITIONS. ONLY AUTOMOTIVE ACCESSORIES ALLOWED FROM CATALOGUE SUPPLIERS TOTAL CONTRACT VALUE: 66,603,400.00 USER DEPARTMENT(S) DOLLAR ALLOCATED AVIATION $ 237,500.00 ET $ 20,000.00 FIRE DEPARTMENT $ 725,750.00 GSA/FLEET $ 3,718,250.00 M.D.T.A $ ,560,000A0 MDPD $ 9,900.00 PARK & RECREATION $ 300,000.00 PUBLIC WORKS $ 38,000.00 SEAPORT $ 9,500.00 SOLID WASTE $ 1,500.00 VIZCAYA MUSEUM $ 500.00 WASD $ 982,500.00 DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 7 AWARD SHEET doe _ Revised 09119M _ -;_�a. ,°'-r , ,�- '". -. _ . �- �a�;- .a-':; ;� r .'`°�°,:st t�✓cwt,;�.°';% mac. , = �- �n"'°, - $- `�e- .'a, ^s -+-3' r, r a BID NO. 1070-3107-2 PAGE 8 OF 8 WAREHOUSE DISTIBUTORS UNDER 1 '/z TON 1) JACK-LYONS 2) AUTOMOTIVE PARTS AND MACHINE 3) NAPA AUTO PARTS 4) PAPCO AUTO PARTS SOUTH 5) ELECTRIC SALES AND SERVICE 6) TROPICAL INTERNATIONAL WAREHOUSE DISTIBUTORS OVER 1 '/Z TON 1) JACK LYONS 2) AUTOMOTIVE PARTS AND MACHINE 3) NAPA AUTO PARTS 4) PAPCO AUTO PARTS SOUTH 5) ELECTRIC SALES AND SERVICE 6) TROPICAL INTERNATIONAL DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DMSION 8 AWARDSHERTdoc . Revised MOM nPR 07 2006 11,OORM HP LAGERJET 3200 TruckMax Inc. 6000 IOW 77 Court Miami, Flaft;33155' Tai: 3D6 -777 -9004 Lek adaiem fi Fix 3R5- W-4754 www,trwakmax.com April 7, 2006 TO; Robert City of South Miami To Whom It May Gtaucern; Plaaae` zoo opt this letter as coa ft cation that our company is the only factory authorized parts, ;sales & sorvice deaf in M inmi-Dade County for the licwit g manuftcrUM1. Volvo Tracks • GrMC Corruttemial Truck, i — W, C & T series Nlsttubishi Fuso Tmc1ss Hino Diesel Tracks o Miller Industries Towing Eq*aa mt Please contact me at 305 177-90( 10 x227 should additioraal documettation be necessary. We look forward to providing 61 City of South Miami; with the best se�vi.ce possible. Facsimile Sent to: 305 568.7211 p- 1 CZ.— - CIMCASUZU .0 goNMPr4Nnpe avma, NIIiSU�19H1 �w r� e std NVIW HMOs do Aim 80ZL8999066 61.90 gOQz /L 3/t* �x..t 04170 {2006 01:20 53056697208 CITY OF SOUTH MIAMI PAGE 03/03 ONNICAP *310918 DeCerriber 22, 2004' To all our customers: Please to informed that as of January V4, 2005, wi, wUl no longer operate as - U.S. Lawns of South Dads. We will continue` all oV operations in the same manner under the name of Selman Maintenance S grvices Inc. 'lease make a note on your accounts payable tQ rrsake your payments and any correspondenoo to us as Salman Maintenance. We thank you for your continued patronage and want to wish you Happy Holiday5,and a very'sucesseful 2005. Sincerely, Maria Selman prey 14NO W i 39 6owt . Mroml, F1 S$J *# , (305).Z§S -24 ADD Fax (205) !:IQF2477 AV x I 04/1012006 01:20 93056687208 CITY OF SOUTH MIAMI PAGE 02103 A#SCAPE- *01IRNER April. 10"', 2006 Attention Gity Of South A flarrii Allna Menocal Fax 305-868 -7208 Dear Ms. Menocal: Please be informed that as of January f st. 2005 ws were no longer using our dbe name of U.S. Lawns of South pads, We continue f all our 'operations in the same manner under our legal name of Salmary Mal itanance S8rvices Inc We kept the old contracts that were still current witt , the U.S, Lawns of South Dade until the time to re -new those contracts once again. We have and are the sarne Oompany with the sam(! President Mario Salman and the same Off oers Eddie Mesis aS Well as the rest of our staff. Enclosed please find an attached letter to inform our customers about using only Salman Maintenance sent on, Dscember 2005. 1 hope this will Clarify matters to you, Should you nei �%d additional information do not hesitate to contact me. Sincerely, Vivian Mechaber Office Mgr. 140 *$ SW 139 Court. NiluNi, AEI 33186 . (30"5.24410 Fax ('303) 255-2477 811[912666 23:56 93056687208 CITY OF SOUTH MIAMI PACE 82/11 city Of ' D011181 Parks SmI069 DOES THE BIDDER OFFER FiRM PRICES FOR THE FUL. CONTRACT PERIOD: YES NO ---- BIDDER TO INDiCATi: IF HE WOULD BE WILLING TO V1 END THIS FOUR -YEAR CONTRACT FOR: Fimttwenty -four months: YES NO Second twenty -four months: YE5 — No Jrr Please Note, The signature and company narns must ba tl e some as on page one of the bid form. 10,1 BONDING REQUIREMENTS -- The Bidder, in submitting t 1s Bid, must include a 5% Bid Bond for the total Cost of the Bid. Such bond may ba in the to m of a ceitfied or cashier's check or approved Bid Bond in the amount of 5% of the total amo ant of the Bid based on a four (4) year cost, A company or personal check shall not be deemed . i valid Bid Security. The Bid Bond may be returned by the City, in accordance with Section 10.2 11 the Instructions to Bidders or retained as liquidated damages In accordance with Section 10.4 in I ie Instructions to Bidders. 10,2 RETURN OF BID BOND - As soon as the bid prices have been compared, the Owner may, at his discretion. return the Proposal Guaranty accompanying s ich proposals as in accompanying his judgment would not likely be considered In rnakift the ewerd. All other Proposal Guaranties will be held until the contract has been executed, after which they will be rel urned to the respective Bidders whose proposals they acebmpany_ 10.3 PERFORMANCE AND PAYMENT BOND — The City of Ck ral shall require the successful Bidder to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid puce, with the City of Doral as the obligee, as security toy the faithful Performance of the Contract and for the payment of all persons performing labor or f innishing` materials in connection herewith. The bonds sthall be with a surety co npany authorized to do business in the Mete of Florida. Should the City decid a to suspend or discontinue this requirement, the successful Bidder shall deduct all prerniurns for said bonds for the aifacted contract period. 10;4 tilt? GUARANTEE The successful Bidder shaft execun: the Contract sAgreermnt) and provide the required Perrormance Bond, Payment Bond and (- ertifrcates of Insurance within ten (10) calendar days of notification of the award by the City, Tht Bidder who has the Contract awarded to Kim and who falls to execute the Contract and furnish th s'Perforinance and Payment Bonds and Insurance Certificates wlthr+ the specified time shat fork it the Bid Security that accornpanled his Bid, and the Bid Security shall be retained as liquidated ,ismages by the City, and if is agreed by the Bidder in advance that this sum is a fair'astimets of the s amount of damages the City will sustain in case the Bidder fails tQ enter into the Contract and fury ish the Bonds as herein before provided. i In no event shall the Bidder thereafl* be permitted to car test to the contrary and does waive such right to contest upon submitting a proposal. Bid Security c leposited in the form of a cashier's cheek drown on a local bank in good standing shall be subject tc the same requirements 04/E9/2006 2:3:56 9SO56687208 CITY OF SOUTH MIAMI PAGE 0U /11- I WNDSCAPEli SERVICES FACSIMILE COVER SHEET rGF S S.ti`1. i 35' C0U; t, MIkA I, FLOP DA (305) 255.2400 F,,,}; (305) 255.2477 Lei:: _.7'. L, r__ Tt, 1't •,•rini CGS, "i � i`�tl�.. i� ��4'`.�,fl iy. - L I.: �;f,.wG'Y: ��f C,i�'`� [�.1 'i'i L + +;•' i _— - !".S— Epe.`4. -A,fL k-- JYAW� - - - - - - - - - oe -a- .'h+e.:: "a k;.=?, .'., "„n x, _ 04/(9/2006 2:3:56 53055587208 CITY OF SOUTH MIAMI PAGE 04111 City at Dorsl Parks Maintenartm Services NOTICE TO PROCEED TO: U.S. Lawns of South Dade DATE: January 25, 2645 14W5 S.W.' 139th Court, Miami, Florida 331$6 PROJECT DESCRIPTION: To provide Park Maintenance Servcow in accordance with the Specifications and Contract Documents as prepared by the City of Coral. You are hereby notified to commence work at Miami West Park on F 0tuary 1, 2005 in accordance with the Agreement dated on December 3, 2004. 041 9, 2006 23:56 93056697206 CITY OF SOUTH MIAMI PAGE 05/11 city of Dora! Parks Maintenaftco Simms SECTION 4 BID FORMS Proposal of (name) } J f ar? (address; to furnish all materials, equipment and labor and to perform all Work in =0rdance With the Contract Documents fcr: Park ma ntenance Services within the City of Dural, 1. The undersigned BIDDER proposes and agrees, If this ai 9 is accepted, to enter into an agreement with the City of Dorai in the farm included in the Contract C ccuments to perform and furnish all work es specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bic' and in accordance with the other terry sand conditions of the Contract Documents. 2. BIDDER accepts ail of the terms and conditions of the Advertisement or invitation to Bid and Instructions to BIDDERS, including vllthout limitation tho.,e dealing with the disposition of Bid $eC{zrity. This Bid'wilL remain sub;act to acceptance for 90 daye after the day of the Bid opening BIDDER agrees to sign and sibmit the Agreement with tha Bonds and other documents required by the Bidding requirements � ithin ten (1 Qil calendar days after the data )f the City's fjotice of Award. 3. In submitting tMs Bid, BIDDER repiasents, es more fully s et forth to the Agreement, that: (a) BIDDER has examined copias of all the Bidding Documents and cf the following Addenda {receipt of all whlclj is hereby acknowledged,] Addendum No. i Dated. Addendum No. Dated: �3 i Addendum No. ' dated.,16 8 o Addendum No, _._... y. Dated: Addendum Ala, -_ Dated: (©) BIDDER has examined the sit& of the Work that )e has made sufficient investigations to fully satisfy himself that such a sites) Is a correct and s Citable one of this Work erld he assumes full responsibility therefore, that he has examined the s ;Specifications for the Work and from his experience and from professional advice that the S:i€ciflcations are stufficlent for the Work to to done and he has examined the other Contract Doct ments relafirlg thereto, inciud rg the Invitation to Bid, tnstrucfons to Bidders, Proposal Contrac , General Conditions, and he has read all Adde Ida prior to the opening of the bids, and tha he has Satisfied' himself fully, relative to all matters and conditions with respect to the Work to wl rich his Proposal pertains. Page 35 m w4 041E912006 23:56 93056687208 CITY OF SOUTH MIAMI PAGE 06111 City of floral par'r,S htaintenanct Services - (p} ,BIDDER has familiarized himself With the nature s,id exient of Cne Contract Documents, Work, sits locality, and all local Gondit'ivns and lay ;s and regular ons that in any manner may affect cost, progress, performanca or fumishing Of tine Warr. (d,i BIDDER has studiad caref0y all reports and dra',.:,rlt of substj a& & conditions and dra', ;i tics of physical conditions. (W) BIDDER has obtained and carefully studied (or �s�rr responsibiii,y fir obtaining aad carefully studying) all such examinations, irlvastigations, explorations, tests and studies (in addition to or to supplement those retorted to in (c) above which pertair to the subsurface or physica' conditions at the sita or othanivlse may affect the cast, grog ess, pe formance, or furnishing of the Mork at the Cortract Price, Within the Contract Time and it accord 3nce With the otnar terms and conditions of the Contract Documents, and no additional 'eKr irations, investigations, explorations, tests, reports or similar informatior or data are, or will be relu'red, by BIDDER for such purposes, (f) BIDDER has reviewed and checkad all'lnfo=,ation and data sho,-vn or indicated on the Contract Documents Frith respect to existing Underground F acilities at or contiguous to the site and assumes responsit0ty for the accurete location of eii Underground Facilities, NO add:tioral examinations, investig0ors, explorations, tests; report 5 or sirn,lar infarmatlon or data in respect to said Underground Facilities are, or will be required, by BIDDER' r order to perform and furnish the 4b'ork at the Contract Price, within the CcntrA,t Ti ne r.nd in accordL%mc'e v;ith the other terms end conditions of the'Contract DocuT?nFs, BIDDER has correlated 0a results of ali s.ilh c hstrvations, eyarrinatcrs, investigations, axpiorat'on. i tests, repots and Studies viith the terr:•s End Conti ,ors of tnc Con`,rsc: 0cc1jr11en1s n} 81l ?D1 R has given the City wAripen notice of zit onflicts; er ror$. discrepancies that it has discovered in the Contract Documents and the vint,en resolution tr ereof by the Ci:y is acceptable to BIDDER, (ij this Bid is genuine and not rna;6 i1 rite interersi of or ,),n beheif -Ct Vl undiscss sad parson; firm or corporation and is not submit ed In conformity vi'!t i any agree,rier,t or miles of any group, 2S�OCi2wti0r1, oroanlzation, or Crror2tiD^i; B;DCiEP, hc5 not dire�Cly or ind;rc?ctiy' induced or so?fcited any outer BIDDER to submit a false or sham Bid; SIDE ER has not solicited or induced any, person, fir, n or'corporstion to refrain from Bidding; snd'SIDDE R has not sOLght.by cu'tusion to obtain for Itself any 2dvantega over ery other BIDDER or over th(i CITY: 4, BIDDER understand; and agrees that the Contract Price is the lump sum to furnish and install all of the h'flrk complete in 0044 The Schedule or Values 1s pro'; dad for the purpose of Bid Evaluation and .00 initiated by the CITY, the p.- icing of chenge d "tar. Cantcartor's price wwill not be adjusted to rc ^ect any deviation from the Sct�ed.re of V l_ss, exce.4 to the Extent thal the C1 T Y charges the scope Q' t ^a Project after the Contract Date. A,5 such, tee CG ^,traitor shalt f.rr's� 0 12b3r. mr`,, I?'; 2qJ pr?ie; S tools supe, fntendance and services nacFssary t-o pro+; de 9 corrpl_te in p ece PrV,..t f;r the Bid Price o`; i LU7 -? SUVA BASE BiD: � W _ _ do'lsrs DO arc! 7 MI e .n:s. (Tots! Bid Trice Fear- 5ct,eu:j,e of Va''ves: To,* Cost PER YEAR COST OF SERVICE: (111-ML- P eg? a5 i i I 0411:912006 23 :56 93056687208 CITY OF SOUTH MIAMI PACE 071T1 Oily of ODral parks Maintenance Seft" ` 5. The BIDDER agrees ?to accept full compensaiien therelare the Mal of the lump sum prices and extended unit pr"tces items named in the followft schedule. It is understood that the unit prices quoted or established for a particular item are to be used for computing the amount to be paid to the Contractor, based on the Work actually pefforrned as d iterrnined by the Contract and the Owner. However, in Utilizing the schedule, the Bidder agrees thal in no even shall the compensation paid to Bidder under the Contract exceed the dollar amount of the Bur's Proposal amount 6. BIDDER further proposes and agrees; to comply in oil rat pe:cts with time limits for commencement of the Work as stated in the Contract Form. 7. The Bidder further agrees to execute a Contract and fu, rash all required, information within ten (10) cortsecutiue Calendar days after wrltten notice of award Is given by the Owner, and the undersigned agrees that in case of failure on his part to execute the sai J Contract, the award of the Contact may be rescinded at the option of the Owner within the ten (10) consecutive calendar days after the award of the Contract .$. Communications concerning this Bid shall be addressed tc ; Address: j t? g S tJ.) q 6. Telephone: Facsimile Number is t 5 ' l 7 ? Attentions 9. The terms used in this Bid which are defined in the Get feral Conditions of the Construction Contract included a$ part of the Contract Documents have the meanings assigned to them in the General Conditions, SUBMITTED THIS � DAY OF ��� � -20'1 B Bit) Name d-- ritle ArU?NS F T—W A Company r upatronal License No, and Jurisdiction. Rage 37 041E912006 23:56 93056687208 CITY OF SOUTH MIAMI PAGE 08'11 City of Dotal Parks Mainteriance ServiM SCHEDULE OF VALUES Land sd Irrigation Servke ark ill 1 Doral Park �L •too a oa 2 Dorm Meadow Park 00 3 Miami West Parkc4 I o 60) ao S'7& 0( Miscellaneous kajWs: For work or material use directed by the City c Cher than specified herein. 53 Labar!sr during myular work hours Monday through Friday fro n Per hour 7 ;00 a.m. - 7:00 P.M. ) On -call emergency services, Laborer after regular worts hours 54 Monday through Friday from 7 :00 p.m. -- 7;00 a.m. and all day Per (lour Saturda 1d Sunda 5 Emergency Work Crews: See Section 11,3 55 Two crews made up of 3 6borem per orew with a truck, chainsi Ws, a Per hour ChIDParandaboboat Per hour 56 Laborer for Special Event Litter Patrol 57 Pot hod repair (includes labor cost ptus equipment and materia l - - Per Pot Hole road rock and a halt ) 58 Road Shoulder repair (includes labor cost plus equipment and Per Shoulder materiat — road rack and as ha o 59 Try 'Removal (includes labor 04* plus equipment) Per True 60 Miscellaneous Tree Trimming (includes labor cast plus egaipm ant) '" er 3-man Crew Hour 61 Street Sign Installation (includes man hours and equipmem) t � . Per Sign 62 St. Augustine Sod Per Square Foot installed 63 Bahia Sod Per Square Foot Installed 64 Bermuda Sod Per Square Foot Installed 86 Grade A Eucalyptus MvIch �. Per Cubic Yard Installed 04/ (912006 23;56 93056687209 CITY OF SOUTH MIAMI PAGE 09111 City of boral Parks Maintenance 5er*es 66 saasonal Color W Unit) — , Unit installed 6T Front end loader with operator Per hour 68 BackhOe with operator r 0 C) Per hour 69 Misce�eneous irrigabon ' Repairs '(includes labor, equipment and matersa� Per hour 70 Stump Qrinder'(Labor and Equipment cost) CC Per hour 71 i Chipper (Labor and Equipment cost) Pet hour 25 Im 72 Bucket Truck with Operator, Per hour 26tco 73 Water Tank, minimum 500 gallon capacity with pump and hose 'eel and pperator Per hour 0 . 74 Uscellaneous Mowing a Per Square Foot 75 OTC (Lethal Yellowim) injections er Application/Per Palm 75 Red dye Royal Palm Bug Treatment Per AppllcationlPer Palm 041 (912006 23:56 93056687208 CITY OF SOUTH MIAMI PAGE 10111 -of fo w G la 6853 Vain Street's Miair i T,akes', Florida 33014 (3055 3W1001yw: 0305} $58-8511 vrwvp to"ofmia milakesxom MMOR March 19,2006 a'wme ,�amn, VICE MAYOR Roberw*aoo Mr, Eddie Mesis Vice Fresideat COU14 O1" Salmon M ntenance Serti+loes ? Me=t Aod ff 11- 14085 SW 139 Coon M1ahed p1to N iami, Florida 311$6 Nnty9lrnoa P r?ho„�eea Re Fawn of M ixnj Laker TOWN MANAM Tree Rep4wement Frogra►n AM ROY Dear Bddie? ' During the past week we have had severed ca iversations regarding the requizernents of the above noted project, I ha ve discussed these items with the Town Msknager and offer the followiPg cl, mifzcatims. The Town of Miarni Lakes will not accept yo it proposal of substituting smaller plant materials for item F -5 (Ficus He dge) with no,=dit to the Town. You are hereby directed to install these plants as per the contract. Ybu need to begin the installation of these materials alo rig the top of the berm around the Royal Oaks Park. These plant materials a re noted as Zto.�' height tninimurb. Additionally, the oak trees as included In the specifications are to be ,•container grown ". At this time, we will acco.pt field grown oak trees as an equal substitute for the oak trees that you will 'be it,stallitzg within the Town. Ineed you to submit a schedule as to when you. will be installing these materWa within the Town. Call me with any questions. Very truly yotus, TOW LAKES R. Russell Barnes, U1, P.E, Town Engineer cc, Ralph Casals Alex Rey N��44 +41S�Od45Ai07p.'xWwn6t�ncer05- �61Trc��PUmn1.n, nY0AMH115arrnanclviNea�ionlMWr .dw; { 041 @912606 23:56 93056687208 CITY OF SOUTH MIAMI PAGE 11111 Kiml ®y -Horn Inc. and Associates, ■ Wta te7 January 1'7, 2006 5100N.w 93rdAvem* Pt, LAAd 81%Fhdda 9995A Edward Mesie SaIrm Maintenanee Services 14093 SW 139`" Court Miami, Fimida 331:86 .RE: Town of Miami ,Cakes rree Relacaden Program 04¢53307a Dear Mr. Mesis; As a result of your 'bid submitted to the Town of: Mama Lakes on January 3, 2006, the Town Council approved providing Satman Maintenance Services a Notice of Intent to Award on the above referenced project, The 'Notice of Intent to Award is for the annual contract % oant of $134,250.00. Enclosed are three Contract Documents. Please Execute all documents and return thew to my attention with a' Pedormance bond. If you have any questions or mquim additional in 'ormation, please call me at 954. 739 -2233, Sincerely, >«UKLEY -NORM & AMCUTES, INC. Clary 'R. Ratay, P.S. Copy To: Alex Rey, Ralph Canis, Debra Fasttn, ixs Russell Barnes, File }i,'g44 DahetMO3370'�'��1�*'a iS bw� OSG6tt'ne AXxo1a�++nt+q YNpotnl9utnwMainter: tnacontmix *o ■ TEL $54 M 2295 FAX 954 799 2241 ' � � ��, � �U Apr 10 06 09 «31a P.1 4713 SW 72nd Ave Miami, Florida 33155 Estimate Tel. 305- 6859220 - Fax 305 -065 5584 ,. r"'7 Email: pre, pres@asma rhics. 4 cam No. E #3765 f^ 0,0411V 47 Date 4/1012006 L.H. Jill 11�11�,�lf�, „lLl,�li�i111 11�-1111 Jill fiat ►y Vazquez Kathy Vazquez Customer P,O, No. City of South Miami ' City of South Miami 613 3 Sunset Drive 6130 Sunset Drive PUI ZCHASING DEPARTMIENT South Miami FL 33143 Sot th Miami FL 33143 USA Usk Phone: 305- 663 -6335 Phc ne: 305 - 863 -W39 Fax: 305- 667-7606 . + ¢ ��Y�) 1 h +iyV �, tige �n 5 1s "h ,� 1'.:Y AI �.1.'1 yil {{ �1Fr �� �+4 N. ri AA , 1 ��''W. n 4 � ` " "Y4` �' n •� s 5,000 Business Cards Shells 3.5" 2.0" White Quality $0# Cover 1/0 Gol i 873 210.00 11000 Business Cards Black ink imprint on shells (gold) 16.00 1.000 Business Cards 3.5” x 2.0" Black ink Termo print White Quality 21.00 5,000 Letterhead 8.5" x 11" White 25% Cotton Rag 110 Gold 873 Therm) Print 5$0.00 Imprint lette+t,ead Black Ink $00 Or 1000 same price 28,00 4,600 Newsletter 11" x 17" Fold to 5.5" x 8.5" White $09 Text Gloss 4A I ull Color Process 1,090.00 4,500 MalGn2 - Tabs- tnkjet- Drop off to Post office 655.00 1 List Supplied - Disk Supplied / ®��. 7 - Taken by: Wanted: Business Cards This a ;timato is good for 30 days. Please call us if you have any questions. g Thank you! Message Page 1 of 1 Vazquez, Kathy From: Virguez,,Maria Sent: Tuesday, April 11, 2006 10:07 AM To Vazquez, Kathy Subject: Sunset QuickPrint Sunset QuickPrint 305- 666 -8066 They can not give us 'a quote for the newsletter. Maria V. 4/11/2006 04/14/2006 09:39 ODE 3 3056677806 N0.704 Dm4 305SE77906 E4/11/7005 09:30 3056677506 CITY 0• SO M14 FURCH PAGE 01 1°AX -FAX FA.Y -Y 7C- FA-X- FA-*PA L-, F, �4- PAy- F.4X- r,4iC- F.471C- FAX,F! X.I?A ,) .A.V•FAX -FAX FA _,AX -FAX. VAX FROM CITY OF SOUT_q VrIA.MY CENTRAL SERVICES »IVISION 6130 SUNSET DPJV E SOUTH MIAMI, FL. 33243 ]?HONE--(305)663-6339 FAX: (,105) 657 -7806 Ml*irgnft &ityof&outb,i, mim et TO: FROM: Maria Vii -gue AT XON: PurC OditgSperialisl FAX NO.,. -D3 DATE; PHONE NO... PAGES: PLEASE FROWDE ME WITH A QUOTE VA FAX. 0 ?LEASE PROCESS THE FOLLOVVINr, P' VF tRAS E ORDEIt/S s `a no k)id * * *IF YOU HAVE ANY QUESTION1 ` PLEASE CALL ME,. * * ** THANK YOU l Craphink Printing & Promotions, Inc, Estimate 7341 NW 35 Street Date Estimate Pramoda ►fnc. Miami, FL 33122 - 126$ --- 4/11/2006 11560 Name ! Address CUSTOMER - Linda Project t3wription MY Rote TDtal 5000 rewsietten 901b gloss text t i x 17 1,125.00 T 1,12 S -o0 handling fee up o 4 aip cedes 4.500 0.1 S 81 D.00T Artwork charge S 40.00 per hour 4,500 0.18298 8' 3.40T Postage approximate cost per piece up to 4 zip codes Client will supply mailisig fist 7.000/0 1 S 3.09 Sales Tax i j i I Total $Z4,51.49 Customer Signature I I Z00 9 W T+ BL98£6920C %Vd ST TT 90OZ !TT /il0 sour South Miami .� ° ati NC ORPORA7E� CITY OF SOUTH MIAMI �® � I � •� 1927 P OFFICE OF THE CITY MANAGER ° aIU INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manage From: Don O'Donniley, Planning Director Date: April 18, 2006 Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FINANCE AGREEMENT WITH SUNTRUST BANK, WHICH THE CITY OF SOUTH MIAMI SHALL CO -SIGN FOR THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA); PROVIDING A 15 YEAR LOAN FOR $1,465,000 WHICH FUNDING SHALL FINANCE THE PURCHASE OF FIVE PARCELS WITHIN THE SMCRA'S MADISON SQUARE ECONOMIC ' DEVELOPMENT PROJECT, PROVIDING FOR AN EFFECTIVE DATE Request: During the May 3, 2005 meeting, the SMCRA Board approved a resolution amending the SMCRA Redevelopment Plan to extend the life of the SMCRA for 15 years beyond a June 1, 2005 sunset provision including a sunset review if no long term financing agreement supported by tax increment financing revenues is completed within two years of the 15 year extension' The SMCRA's' Amended Plan also contemplates land acquisition of property and construction of a mixed use economic development project known as Madison Square. The SMCRA currently has five of the required 'parcels for development under contract to be purchased at a' negotiated sale price of $1,465,000. The SMCRA Board at its April 10 2006 meeting approved a resolution' authorizing the Executive Director to execute a term loan 'agreement with SunTrust <Bank to purchase the properties based on loan repayment' using future tax increment financing revenues. Execution of the term loan will require that the City Manager, execute the agreement on behalf of the City of South Miami as loan guarantor. Upon execution of the agreement, the City would select option two on the Suntrust letter of terms involving no prepayment penalties. Staff recommends approval of the attached draft ordinance, on first reading authorizing the City Manager to execute a term loan agreement with Suntrust Bank on behalf of the City of South Miami as guarantor of the loan: i Backup Documentation: April 10, 2006 SMCRA Approved Resolution Draft Ordinance Suntrust Letter of Terms 1 ORDINANCE NO; 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE 5 CITY MANAGER TO EXECUTE A FINANCE AGREEMENT WITH 6 ` SUNTRUST BANK, WHICH THE 'CITY OF SOUTH MIAMI SHALL 7 EXECUTE AND THE CITY OF SOUTH MIAMI COMMUNITY 8 REDEVELOPMENT AGENCY ( SMCRA) SHALL CO -SIGN ON THE 9 COMMITMENT; PROVIDING A 15 YEAR LOAN FOR '$194659000" 10 WHICH FUNDING SHALL FINANCE THE PURCHASE OF THREE 11 PARCELS WITHIN THE SMCRA'S MADISON SQUARE ECONOMIC 12 DEVELOPMENT PROJECT, PROVIDING FOR AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the SMCRA is a legally separate agency from the City of South 16 Miami established by ordinance number 12 -97 -1633 on April 15, 1997; and, 17 18 WHEREAS, the Miami -Dade County Commission approved the SMCRA plan on 19 May 19, 1998 via county ordinance number 98 -79 and 98 -80 and, 20 r 21 WHEREAS, on May 3, 2005, the SMCRA board approved resolution number 22 466 -05 amending the plan- and extending the life of the SMCRA for 15 years beyond the 23 June 1, 2005 sunset provision for the SMCRA's interlocal agreement with the county and 24 providing for a sunset review within two years of the extension, if no long term financing 25 agreement supported by tax increment financing revenues is completed within the two 26 year period; and, 27 28 WHEREAS, the 2005 SMCRA's amended plan extended the life of the SMCRA 29 and contemplates the construction of a mixed use economic development project known 30 as Madison Square; and,' 31 32 WHEREAS, to develop the Madison Square mixed use project, the SMCRA 33 needs to purchase several essential parcels: 34 35 6415 SW 60th Avenue; j 36 6442 SW 59th Place; j 37 6443 SW 60th Avenue; 38 6429 SW 59th Place; 39 6443 SW 59th Place; and, 40 41 WHEREAS, during the April 10, 2006 meeting of the SMCRA, the Board 42 authorized the Executive Director to obtain property appraisals and to enter into Page 1 of 3 Additions shown by underlining and deletions shown by over g I negotiations with property owners to purchase properties required for development of the 2 Madison Square Project; and, 3 4 WHEREAS, the SMCRA staff obtained property appraisals for the properties to 5 support the purchase of the property required for the development of Madison Square; 6 and, 8 WHEREAS, the purchase price for these parcels is $1,465,000; and, 9 10 WHEREAS, the SMCRA sought several bids for financing; and, 11 12 WHEREAS, in the effort to identify a funding mechanism for the purchase, staff 13 has obtained an acceptable term loan proposal from the SunTrust Bank; and, 14 15 WHEREAS, SunTrust Bank's proposal is the most cost efficient and expedient 16 loan; and, 17 18 WHEREAS, execution of a term loan agreement would be based upon the 19 SMCRA reimbursing the loan through the use of future TIF revenues; and. 20 21 WHEREAS, obtaining county approval for long term financing and 15 year 22 existence shall require four months, and as the properties to be purchased may be lost at 23 foreclosure auction, the SMCRA requires the assistance of the City of South Miami, by 24 having the city act as principal for the loan and have the SMCRA co -sign for the loan; 25 and, 26- 27 WHEREAS, the SMCRA Board at its April 10, 2006 meeting approved a 28 resolution authorizing the Executive Director to execute a term - loan agreement with 29 SunTrust Bank to purchase five properties; required for the development of the Madison 30 Square Project; and, 31 32 WHEREAS, execution of a term loan agreement will require the City Manager to 33 execute a term loan agreement on behalf of the City of South Miami as principal of the 34 loan, and the SMCRA as the co- signer of the loan documents. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 38 39 Section : The above whereas clauses.,are incorporated by reference into this 40 ordinance. 41 Page 2 of 3 Additions shown by underlining and deletions shown by ever-str-ilrg 1 Section 2: The City Manager is hereby authorized to execute a loan agreement 2 with SunTrust `Bank as the principal, and the City Manager, as executive director of the 3 SMCRA, shall co -sign the loan on behalf of the SMCRA. A copy of the loan agreement 4 is attached and incorporated by reference as exhibit 1. 5 6 Section 3: This ordinance shall be effective immediately upon the adoption 7 hereof. 8 9 PASSED AND ADOPTED this day of , 2006. 10 II ATTEST: APPROVED: 12 13 14 15 16 CITY CLERK MAYOR 17 18 lst Reading COMMISSION VOTE: 19 2nd Reading Mayor Feliu: 20 Vice Mayor`Wiscombe: 21 READ AND APPROVED AS TO FORM: ' Commissioner Birts: 22 Commissioner Palmer: 23 Commissioner Beckman: 24 25 26 27 CITY ATTORNEY 28 Page 3 of 3 Additions shown by underlining and deletions shown by evero Menendez, Maria From: Jeffrey DeCarlo [JDC @adorno.com] Sent: Thursday, April 13, 2006 2:45 PM To: AHussein @cityofsouthmiami.net; Eve Boutsis; " Joseph. Del leperche Cc: Don O'Donniley; Maria Menendez; Stephen David; Susan Rothstein; Sanford Youkilis; Yvonne McKinley Subject: SMCRA Financing Loan , !merit- -South Miami Attached is a first draft of the Loan Agreement and Note In the interest of time, I have sent this out before SunTrust has `had `a chance to look at it, so it is subject to the Bank's comment's and changes. Please e -mail your comments to me`as'soon as possible. Jeffrey DeCarlo, Esq. Adorno & Yoss,'LLP 2525 Ponce 'de Leon Blvd., Suite 400 Miami, FL 33134 Phone': 305- 460 -1276 Fax: 305 - 503 -8926 e -mail: jdc @adorno.com rj 1. IRS CIRCULAR 230 NOTICE: In order to comply with certain IRS regulations i regarding tax advice, we inform you that, unless expressly stated otherwise, any tax advice contained in this communication (including any t attachments) is not intended or written to be used, and cannot be used, for purposes of (i)'avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or f matter addressed herein. i� �i 4 i G i!